Sen. Steven J. Rauschenberger
Filed: 5/27/2004
 
 

 




 

 		












09300HB0846sam002

SRS093 00180 PLM 40050 a






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AMENDMENT TO HOUSE BILL 846 




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    AMENDMENT NO. ______. Amend House Bill 846, AS AMENDED, 
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with reference to page and line numbers of Senate Amendment No. 
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1, on page 7, immediately below line 27, by inserting the 
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following:

 
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    "Section 15. The Sanitary District Act of 1917 is amended  
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by adding Section 17.2 as follows:
 
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    (70 ILCS 2405/17.2  new)
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    Sec. 17.2. (a) After incorporation, any district organized 
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under the Act may, in accordance with this Act, acquire, by 
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purchase or condemnation, the territory, treatment works, 
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lines, appurtenances, water treatment works, storage tanks, 
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water lines, appurtenances, and other property of a privately 
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owned public sewer and water utility treatment works that is 
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not located within any other sanitary district, regardless of 
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whether the area serviced by the treatment works is contiguous 
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to the acquiring sanitary district.  At the time of acquisition, 
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the private treatment works may not be located within an 
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incorporated city or village, without the consent of such city 
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or village.  The distance between the public utility being 
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acquired and the acquiring sanitary district as measured from 
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the point of discharge of the treatment works and the corporate 
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boundary of the acquiring sanitary district at its nearest 
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point shall be within 15 miles and shall be located in the 
 


 






09300HB0846sam002
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SRS093 00180 PLM 40050 a




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sanitary district's facility planning area (FPA).
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    (b) The acquisition of the public utility by a sanitary 
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district shall not affect the obligation of any bonds issued in 
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the sanitary district or in the territory serviced by the 
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public utility, or invalidate the levy, extension, or 
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collection of any taxes or special assessments within the 
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sanitary district.
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    (c) The acquiring sanitary district may acquire by eminent 
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domain, within or outside its boundaries, easements necessary 
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to connect the works to the sanitary district's sewers or 
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plants.
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    (d) The sanitary district may pass all necessary ordinances 
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to regulate the connections to and use of the public utility's 
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sewer or water system, including the establishment of a user 
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fee for the area serviced by the public utility and may enforce 
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such ordinances against all users of the acquired system, 
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within or outside its boundaries.  The sanitary district may 
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own, operate, expand and improve the private treatment works in 
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accordance with the provisions of this Act.
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    (e) The grant of powers set forth in this section are a 
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restatement of existing law.
 

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