Full Text of HB0846 93rd General Assembly
HB0846sam002 93RD GENERAL ASSEMBLY
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Sen. Steven J. Rauschenberger
Filed: 5/27/2004
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09300HB0846sam002 |
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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, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1, on page 7, immediately below line 27, by inserting the | 5 |
| following:
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| "Section 15. The Sanitary District Act of 1917 is amended | 7 |
| by adding Section 17.2 as follows: | 8 |
| (70 ILCS 2405/17.2 new) | 9 |
| Sec. 17.2. (a) After incorporation, any district organized | 10 |
| under the Act may, in accordance with this Act, acquire, by | 11 |
| purchase or condemnation, the territory, treatment works, | 12 |
| lines, appurtenances, water treatment works, storage tanks, | 13 |
| water lines, appurtenances, and other property of a privately | 14 |
| owned public sewer and water utility treatment works that is | 15 |
| not located within any other sanitary district, regardless of | 16 |
| whether the area serviced by the treatment works is contiguous | 17 |
| to the acquiring sanitary district. At the time of acquisition, | 18 |
| the private treatment works may not be located within an | 19 |
| incorporated city or village, without the consent of such city | 20 |
| or village. The distance between the public utility being | 21 |
| acquired and the acquiring sanitary district as measured from | 22 |
| the point of discharge of the treatment works and the corporate | 23 |
| boundary of the acquiring sanitary district at its nearest | 24 |
| point shall be within 15 miles and shall be located in the |
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SRS093 00180 PLM 40050 a |
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| sanitary district's facility planning area (FPA). | 2 |
| (b) The acquisition of the public utility by a sanitary | 3 |
| district shall not affect the obligation of any bonds issued in | 4 |
| the sanitary district or in the territory serviced by the | 5 |
| public utility, or invalidate the levy, extension, or | 6 |
| collection of any taxes or special assessments within the | 7 |
| sanitary district. | 8 |
| (c) The acquiring sanitary district may acquire by eminent | 9 |
| domain, within or outside its boundaries, easements necessary | 10 |
| to connect the works to the sanitary district's sewers or | 11 |
| plants. | 12 |
| (d) The sanitary district may pass all necessary ordinances | 13 |
| to regulate the connections to and use of the public utility's | 14 |
| sewer or water system, including the establishment of a user | 15 |
| fee for the area serviced by the public utility and may enforce | 16 |
| such ordinances against all users of the acquired system, | 17 |
| within or outside its boundaries. The sanitary district may | 18 |
| own, operate, expand and improve the private treatment works in | 19 |
| accordance with the provisions of this Act. | 20 |
| (e) The grant of powers set forth in this section are a | 21 |
| restatement of existing law.
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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