HB4757 96TH GENERAL ASSEMBLY

LRB096 16436 RLJ 31703 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4757

Introduced 1/11/2010, by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

70 ILCS 3715/1

from Ch. 111 2/3, par. 223

Amends the Water Authorities Act. Provides that if specified territory is located within a county that has adopted a groundwater protection ordinance, then the territory may not be incorporated as a water authority or be annexed to an existing water authority. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Water Authorities Act is amended by changing Section 1 as follows:

(70 ILCS 3715/1) (from Ch. 111 2/3, par. 223)

Sec. 1. Incorporation.

(a) Any area of contiguous territory may be incorporated as a water authority in the following manner: Not less than 500 legal voters of the proposed authority shall petition the circuit court for the county in which the proposed authority, or the major portion thereof, is located defining the boundaries of the proposed authority, stating its name and requesting that the question of whether the proposed territory shall be organized as a water authority be submitted to the legal voters of the proposed authority.

Upon the filing of such petition, the court shall set a day for a public hearing thereon. Notice of the time and place of such hearing shall be given by publication in a newspaper having a general circulation in said proposed authority not less than 15 days prior to such hearing and if there is no such newspaper then such notice shall be posted in at least 10 public places within such proposed authority not less than 15 days before such hearing.

The court shall preside at such hearing and all persons residing within such proposed authority shall be given an opportunity to be heard concerning the location and boundaries thereof and to make suggestions regarding the same. The petitioners may authorize and designate one or more persons to represent them at such hearing with authority to amend, dismiss or withdraw the petition. Such hearing may be continued from time to time and the court may modify or amend the petition.

The court shall enter an order fixing and determining the boundaries of such proposed authority and shall certify the proposition to the proper election officials, who shall submit to the legal voters thereof at an election thereafter the question of whether the proposed authority be organized and established as a water authority pursuant to the provisions of this Act. Notice of such election shall be given and the election conducted in the manner provided by the general election law. Such notice shall state a description of the territory to be included. The proposition shall be substantially as follows:

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For organization of water authority

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Against organization of water authority

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(b) Notwithstanding any provision of law to the contrary, if the territory is located within a county that has adopted a groundwater protection ordinance, then the territory may not be incorporated as a water authority or be annexed to an existing water authority.

(Source: P.A. 81-1489.)

Section 99. Effective date. This Act takes effect upon becoming law.