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.
  















LRB096 16436 RLJ 31703 b

















 


 


A BILL FOR









 




  






HB4757

LRB096 16436 RLJ 31703 b





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



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



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    Sec. 1. Incorporation. 
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    (a) Any area of contiguous territory may be incorporated as 
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a
water authority in the following manner: Not less than 500 
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legal voters
of the proposed authority shall petition the 
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circuit court for the
county in which the proposed authority, 
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or the major portion thereof, is
located defining the 
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boundaries of the proposed authority, stating its
name and 
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requesting that the question of whether the proposed territory

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shall be organized as a water authority be submitted to the 
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legal voters
of the proposed authority.

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


 






HB4757
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LRB096 16436 RLJ 31703 b




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days before such hearing.

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

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time to time and the court may modify or amend the petition.

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

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-------------------------------------------------------------

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    For organization of water authority

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-------------------------------------------------------------

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    Against organization of water authority

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-------------------------------------------------------------

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    (b) Notwithstanding any provision of law to the contrary, 
 


 






HB4757
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LRB096 16436 RLJ 31703 b




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if the territory is located within a county that has adopted a 
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groundwater protection ordinance, then the territory may not be 
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incorporated as a water authority or be annexed to an existing 
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water authority. 
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(Source: P.A. 81-1489.)

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