95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3029


 
Introduced 4/8/2008, by Sen. Christine Radogno
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/11-139-2
  from Ch. 24, par. 11-139-2







    Amends the Illinois Municipal Code.  Provides that a municipality may not acquire, construct, or maintain a waterworks or sewerage system outside of its corporate boundaries without the approval by referendum of a majority of the voters residing in the territory outside of the corporate boundaries that will be served by the waterworks or sewerage system.  Effective immediately.
















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A BILL FOR









 











SB3029

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    AN ACT concerning local government.

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


 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 11-139-2 as follows:
 



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    (65 ILCS 5/11-139-2)  (from Ch. 24, par. 11-139-2)



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    Sec. 11-139-2. Any municipality may acquire, or construct, 
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and maintain and
operate a combined waterworks and sewerage 
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system either within or without
the corporate limits thereof. A 
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municipality owning and operating a
waterworks or sewerage 
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system may provide for the inclusion of that
waterworks or 
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sewerage system or the combination of the 2 in a combined

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waterworks and sewerage system under this Division 139, and in 
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connection
therewith may provide for paying or refunding any 
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unpaid obligations which
are payable solely from the revenue of 
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or which are secured by a mortgage
of that waterworks or 
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sewerage system, or any part thereof included in the
combined 
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waterworks and sewerage system. Any municipality owning and

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operating a combined waterworks and sewerage system may also 
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provide for
paying or refunding any unpaid obligations which 
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are payable solely from
the revenue of the combined waterworks 
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and sewerage system. A municipality
owning, acquiring, or 
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constructing and providing for the operation of a
combined 
 


 






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waterworks and sewerage system may improve and extend that 
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system,
and may impose and collect charges or rates for the use 
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of that system as
provided in this Division 139. A municipality 
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may also, when determined by
its corporate authorities to be in 
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the public interest and necessary for
the protection of the 
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public health or in the best interests of the
municipality and 
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its environs, enter into and perform contracts, whether

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long-term or short-term, with any other municipality within a 
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radius of 25
miles of its corporate limits and construct water 
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mains to such
municipality and supply water to such 
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municipalities on the request of any
such municipality; 
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provided, that such water mains be constructed and that
such 
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municipality purchase water on a long term basis at rates 
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sufficient
to amortize the cost of the construction of such 
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water mains and pay the
cost of maintenance and operation 
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thereof, as hereinafter provided in this
Division 139, and also 
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with any industrial establishment for the provision
and 
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operation by the municipality of sewerage facilities, either 
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within or
without the corporate limits of such municipality, to 
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abate or reduce the
pollution of waters caused by discharges of 
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industrial wastes by the
industrial establishment and the 
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payment periodically by such municipality
or municipalities or 
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the industrial establishment to the municipality of
amounts at 
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least sufficient, in the determination of such corporate

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authorities, to compensate the municipality for the cost of 
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providing
(including payment of principal and interest 
 


 






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charges, if any) and of
operating and maintaining any such 
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facilities. This amendatory Act is not a
prohibition upon the 
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contractual and associational powers granted by
Article VII, 
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Section 10 of the Constitution.

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    Notwithstanding any other provision of law, on and after 
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the effective date of this amendatory Act of the 95th General 
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Assembly, a municipality may not acquire, construct, or 
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maintain a waterworks or sewerage system outside of its 
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corporate boundaries without the approval by referendum of a 
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majority of the voters residing in the territory outside of the 
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corporate boundaries that will be served by the waterworks or 
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sewerage system.  The question may be placed on the ballot 
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either (i) by a petition signed by at least 10% of the voters 
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residing in that territory and filed with the city clerk or 
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(ii) by an ordinance or resolution adopted by   the corporate 
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authorities of the municipality.  The question shall be 
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certified to the proper election authorities, who
shall submit 
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the proposition to the electors in the territory at the next 
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general election in accordance with the general election law.  
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The question shall
be in substantially the following form: 
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        "Shall (municipality) be allowed to (acquire, 
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    construct, maintain) a waterworks or sewerage system 
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    outside of its corporate boundaries?" 
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    Votes shall be recorded as "yes" or "no".  If a majority of 
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the voters in the territory outside of the boundaries of the 
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municipality that will be served by the waterworks or sewerage 
 


 






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system are in favor of the proposition, then the municipality 
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may acquire, construct, or maintain the waterworks or sewerage 
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system. 
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(Source: P.A. 77-2837.)

 

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