Full Text of SB2664 94th General Assembly
SB2664enr 94TH GENERAL ASSEMBLY
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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 | 5 |
| changing Section 11-147-1 as follows:
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| (65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
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| Sec. 11-147-1. Whenever a municipality, drainage district, | 8 |
| sanitary
district, or other municipal corporation is adjacent | 9 |
| to any other
municipality, drainage district, sanitary | 10 |
| district, or other municipal
corporation the adjacent | 11 |
| municipal corporations have the power to contract
with each | 12 |
| other, upon such terms as may be agreed upon between them, for
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| the perpetual or temporary use and benefit by one of them of | 14 |
| any sewer or
drain, or of any system of sewerage or drainage or | 15 |
| part thereof, or of any
sewage disposal or sewage treatment | 16 |
| plants and works, heretofore or
hereafter constructed by the | 17 |
| other. Any such sewer or drain, or system of
sewerage or | 18 |
| drainage or part thereof, or sewage disposal or sewage
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| treatment plants and work, heretofore or hereafter constructed | 20 |
| by one such
municipal corporation may be extended or furnished | 21 |
| to the inhabitants of
the other. Such municipal corporations | 22 |
| may by contract with each other
provide for the joint | 23 |
| construction of any sewer or drain or sewage disposal
or sewage | 24 |
| treatment plants and works by the municipal corporations so
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| contracting, and for the common use thereof by the inhabitants | 26 |
| of the
contracting municipal corporations. In addition, | 27 |
| whenever a sanitary district has acquired an easement granting | 28 |
| the sanitary district the right to construct or operate a | 29 |
| sanitary sewer system or part of a sanitary sewer system over | 30 |
| property that connects the sanitary district to a municipality, | 31 |
| the municipality and the sanitary district may enter into a | 32 |
| contract for the use of the sanitary sewer system regardless of |
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| whether the sanitary district is adjacent to the municipality.
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| (Source: Laws 1961, p. 576.)
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| Section 10. The Sanitary District Act of 1917 is amended by | 4 |
| changing Sections 8, 23.5, and 23.7 as follows:
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| (70 ILCS 2405/8) (from Ch. 42, par. 307)
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| Sec. 8. | 7 |
| (a) The sanitary district may acquire by purchase, | 8 |
| condemnation, or
otherwise all real and personal property, | 9 |
| right of way and privilege,
either within or without its | 10 |
| corporate limits that may be required for its
corporate | 11 |
| purposes. If real property is acquired by condemnation, the
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| sanitary district may not sell or lease any
portion of the | 13 |
| property
for a
period of 10
years after acquisition by | 14 |
| condemnation is completed. If, after such 10-year
period, the | 15 |
| sanitary district decides to sell or lease the property, it | 16 |
| must
first offer the property for sale or lease to the previous | 17 |
| owner of the land
from whom the sanitary district acquired the | 18 |
| property. If the sanitary
district and such previous owner do | 19 |
| not execute a contract for purchase or
lease of the property | 20 |
| within 60 days from the initial offer, the sanitary
district | 21 |
| then may offer the property for sale or lease to any other | 22 |
| person.
If any district formed under this Act is unable to
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| agree with any other sanitary district upon the terms whereby | 24 |
| it shall be
permitted to use the drains, channels or ditches of | 25 |
| such other sanitary
district, the right to such use may be | 26 |
| acquired by condemnation in any
circuit court by proceedings as | 27 |
| provided in Section 4-17 of the Illinois
Drainage Code. The | 28 |
| compensation to be paid for such use may be a gross sum,
or it | 29 |
| may be in the form of an annual rental, to be paid in yearly
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| installments as provided by the judgment of the court wherein
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| such proceedings may be had. However, when such compensation is | 32 |
| fixed at a
gross sum all moneys for the purchase and | 33 |
| condemnation of any property
shall be paid before possession is | 34 |
| taken or any work done on the premises
damaged by the |
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| construction of such channel or outlet, and in case of an
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| appeal from the circuit court taken by either party whereby the | 3 |
| amount of
damages is not finally determined, then possession | 4 |
| may be taken, if the
amount of judgment in such court is | 5 |
| deposited at some bank or savings
and loan association to be | 6 |
| designated by the court, subject to the payment
of such damages | 7 |
| on orders signed by the circuit court, whenever the amount
of | 8 |
| damages is finally determined. The sanitary district may sell, | 9 |
| convey,
vacate and release the real or personal property, right | 10 |
| of way and privileges
acquired by it when no longer required | 11 |
| for the purposes of the district.
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| (b) A sanitary district may exercise its powers of eminent | 13 |
| domain to acquire a public utility only if the Illinois | 14 |
| Commerce Commission, following petition by the sanitary | 15 |
| district, has granted approval for the sanitary district to | 16 |
| proceed in accordance with Article VII of the Code of Civil | 17 |
| Procedure. The following procedures must be followed when a | 18 |
| sanitary district exercises its power of eminent domain to | 19 |
| acquire a public utility. | 20 |
| (1) The sanitary district shall petition the | 21 |
| Commission for approval of the acquisition of a public | 22 |
| utility by the exercise of eminent domain powers. The | 23 |
| petition filed by the sanitary district shall state the | 24 |
| following:
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| (A) the caption of the case;
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| (B) the date of the filing of the application;
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| (C) the name and address of the condemnee;
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| (D) the name and address of the condemnor;
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| (E) a specific reference to the statute under which | 30 |
| the condemnation action is authorized;
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| (F) a specific reference to the action, whether by | 32 |
| ordinance, resolution, or otherwise, by which the | 33 |
| declaration of taking was authorized, including the | 34 |
| date when such action was taken, and the place where | 35 |
| the record may be examined;
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| (G) a description of the purpose of the |
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| condemnation;
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| (H) a reasonable description of the property to be | 3 |
| condemned;
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| (I) a statement of how just compensation will be | 5 |
| made;
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| (J) a statement that, if the condemnee wishes to | 7 |
| challenge the proceeding, the condemnee shall file | 8 |
| objections within 45 days after its receipt of the | 9 |
| notice. | 10 |
| (2) Within 30 days after the filing of a petition by | 11 |
| the sanitary district of its intent to acquire by eminent | 12 |
| domain all real and personal property, rights of way, and | 13 |
| privileges of a public utility, the sanitary district shall | 14 |
| serve a copy of the petition on the public utility and | 15 |
| shall publish a notice of the filing of the petition in a | 16 |
| newspaper of general circulation in the area served by the | 17 |
| sanitary district. The sanitary district shall file a | 18 |
| certificate of publication with the Commission as proof of | 19 |
| publication.
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| (3) Within 45 days after being served with the notice | 21 |
| required by this Section, the condemnee may file objections | 22 |
| to the petition with the Commission. All objections shall | 23 |
| state specifically the grounds relied upon. All objections | 24 |
| shall be raised at one time and in one document. The | 25 |
| condemnee shall serve a copy of the objections upon the | 26 |
| condemnor within 72 hours after the objections are filed | 27 |
| with the Commission.
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| (4) The Commission shall make a determination | 29 |
| regarding the petition and any objections to the petition | 30 |
| and shall make such orders and decrees as justice and law | 31 |
| shall require. The Commission may take evidence by | 32 |
| deposition or otherwise and shall entertain oral argument | 33 |
| on all objections. The Commission shall make its | 34 |
| determination within 105 days after its receipt of the | 35 |
| objections of the condemnee, unless the Commission, in its | 36 |
| discretion, extends the determination period for a further |
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| period not exceeding 6 months.
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| (c) The Illinois Commerce Commission shall approve
the | 3 |
| taking of any property by a sanitary district under subsection | 4 |
| (b), within or outside its boundaries, if it is in the public | 5 |
| interest. The taking shall be considered to be in the public | 6 |
| interest if the sanitary district establishes by a | 7 |
| preponderance of the evidence: | 8 |
| (1) that the sanitary district has been in existence as | 9 |
| the operator of a wastewater system for at least 20 years; | 10 |
| (2) that it will provide wastewater treatment service | 11 |
| within the proposed area subject to
condemnation at the | 12 |
| same level of wastewater treatment service provided | 13 |
| throughout
the district; | 14 |
| (3) that it will provide the wastewater collection, | 15 |
| treatment, and disposal
at the same or less operational and | 16 |
| maintenance volumetric or bulk rate as the public utility | 17 |
| whose property
is subject to condemnation; and | 18 |
| (4) that it is not financially impractical for the | 19 |
| public utility to serve its remaining customers who are not | 20 |
| in the area subject to condemnation.
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| (Source: P.A. 90-558, eff. 12-12-97.)
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| (70 ILCS 2405/23.5) (from Ch. 42, par. 317e.5)
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| Sec. 23.5. Any sanitary district may annex any territory | 24 |
| which is not
within the corporate limits of the sanitary | 25 |
| district but which is
contiguous to it and is served by the | 26 |
| sanitary district or by a
municipality with sanitary sewers | 27 |
| that are connected and served by the
sanitary district by the | 28 |
| passage of an ordinance to that effect by the
board of | 29 |
| trustees, describing the territory to be annexed. A copy of the
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| ordinance with an accurate map of the annexed territory, | 31 |
| certified as
correct by the clerk of the district shall be | 32 |
| filed with the county clerk
of the county in which the annexed | 33 |
| territory is located. For purposes of
this Act, a property is | 34 |
| served by a sanitary district if a sewer that is
part of the | 35 |
| sanitary district's sewer system, part of the sewer system of a
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| municipality that is connected to the sanitary district, or | 2 |
| part of any
other sewer system that connects to and is served | 3 |
| by the sanitary district
has been extended to, across, or along | 4 |
| the property, whether or not the
buildings on the property are | 5 |
| physically connected to the sewer.
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| Territory that is not contiguous to a sanitary district but | 7 |
| is separated
from the sanitary district by
only a forest | 8 |
| preserve district may be annexed to the sanitary district under
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| this Section. The territory
included within the forest preserve | 10 |
| district shall not be annexed to the
sanitary district and | 11 |
| shall not be
subject to rights-of-way for access or services | 12 |
| between the parts of the
sanitary district separated by the
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| forest preserve district without the approval of the governing | 14 |
| body of the
forest preserve district.
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| (Source: P.A. 90-697, eff. 8-7-98.)
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| (70 ILCS 2405/23.7) (from Ch. 42, par. 317e.7)
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| Sec. 23.7. For purposes of this Act, territory to be | 18 |
| organized as a
sanitary district shall be considered to be | 19 |
| contiguous territory, and territory
to be annexed to a sanitary | 20 |
| district shall be considered to be contiguous
to the sanitary | 21 |
| district notwithstanding that the territory to be so organized
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| is divided by ,
one or more railroad rights-of-ways, public
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| easements, or property owned by a public utility
or
that the | 24 |
| territory to be so annexed is separated from the sanitary | 25 |
| district
by , one or more railroad rights-of-ways, public | 26 |
| easements, or
property owned by a public utility , or property | 27 |
| owned by a forest preserve district or any public agency or | 28 |
| not-for-profit corporation, provided that the property does | 29 |
| not require sanitary sewer service . However, upon
such | 30 |
| organization or annexation, the area included within any such
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| right-of-way, public easement, or property owned by a public
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| utility , or property owned by a forest preserve district or any | 33 |
| public agency or not-for-profit corporation shall not be | 34 |
| considered a part of or
annexed to the sanitary district and | 35 |
| shall not be subject to rights-of-way for access or services |
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| without the approval of the legal owner of the property .
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| (Source: P.A. 89-558, eff. 7-26-96.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
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