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| [ House Amendment 001 ] |
90_HB2374
65 ILCS 5/11-138-1 from Ch. 24, par. 11-138-1
65 ILCS 5/11-138-1.1 new
605 ILCS 5/6-201.8-1 new
605 ILCS 5/9-113.2 new
Amends the Illinois Municipal Code to authorize a
municipality or water company (now a water company) to locate
or change the source of a water supply to a point not more
than 60 (now 20) miles beyond the municipality's corporate
limits. Provides that a municipality or water company
changing or locating its water supply may construct, repair,
or remove underground water pipes within any highway easement
with the permission of the highway authority or commissioner
of the township or road district. Amends the Illinois
Highway Code. Provides that State highway authorities and
highway commissioners may regulate the use of roads and their
easements for constructing, repairing, and removing
underground gas, water, and sewer pipes and underground
utilities.
LRB9007362PTcw
LRB9007362PTcw
1 AN ACT concerning highways.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-138-1 and adding Section 11-138-1.1 as
6 follows:
7 (65 ILCS 5/11-138-1) (from Ch. 24, par. 11-138-1)
8 Sec. 11-138-1. Power to locate water supply. Any
9 municipality or any public or private water company organized
10 under the laws of this State for the purpose, in whole or in
11 part, of supplying the any municipality or its the
12 inhabitants thereof with all or a portion of its water
13 supply, may locate one or more of the sources of its water
14 source of supply at, or change one or more of its sources
15 source of water supply to, a point not more than 60 20 miles
16 beyond the corporate limits of the municipality. Such
17 municipality or company may enter upon any land and take and
18 damage private property beyond those corporate limits, (1)
19 for the construction, maintenance, and operation of a line or
20 lines of water-pipe to the source of supply, (2) for the
21 necessary pumping stations, reservoirs, and other
22 appurtenances, and (3) for the protection of all reservoirs,
23 submerged land, and source of supply from contamination,
24 pollution, or damage from any cause whatsoever.
25 Such municipality or a company may construct, maintain,
26 and operate beyond those corporate limits such a line or
27 lines of water-pipe across or under any railroad
28 right-of-way, and in and under any public or private road,
29 highway, street, alley, or public ground, or across or under
30 any of the waters within this State, subject, however, to
31 these conditions: (1) such a line or lines of water-pipe
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1 shall not interfere with any railroad, or with any sewer, gas
2 pipes, water-pipes, or other conduit, already laid in or
3 under any public or private road, highway, street, alley, or
4 public ground by public authority; (2) such municipality or a
5 company, in the construction and repair of such a line or
6 lines of water-pipe, shall restore any public or private
7 road, highway, street, alley, or public ground that is
8 damaged to the same condition as before, and shall not
9 unnecessarily interfere with the public use of the navigation
10 of any of the specified waters; and (3) the laying of the
11 water-pipes and construction of the other works shall be done
12 under such reasonable regulations as the corporate
13 authorities of any township or municipality wherein that work
14 is done may prescribe.
15 (Source: Laws 1961, p. 576.)
16 (65 ILCS 5/11-138-1.1 new)
17 Sec. 11-138-1.1. Underground water pipes within highway
18 easements. With the permission of the appropriate State
19 highway authority under Section 9-113.2 the Illinois Highway
20 Code or the permission of the appropriate highway
21 commissioner of a township or road district under Section
22 6-201.8-1 of the Illinois Highway Code, the municipality or
23 public or private water company proceeding pursuant to this
24 division may lay, construct, install, repair, and remove
25 underground water mains and pipes within any highway easement
26 or right-of-way provided that the highway easement or
27 right-of-way is not more than 60 miles beyond the corporate
28 limits of the municipality being served, in whole or in part,
29 by the municipality or water company.
30 Section 10. The Illinois Highway Code is amended by
31 adding Sections 6-201.8-1 and 9-113.2 as follows:
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1 (605 ILCS 5/6-201.8-1 new)
2 Sec. 6-201.8-1. Regulation of roads and easements. The
3 highway commissioner of each road district may regulate the
4 use of the roads and the easements and rights-of-way for the
5 roads within the district for laying, constructing, building,
6 repairing, and removing underground gas pipes and mains,
7 underground water pipes and mains, underground sewers,
8 tunnels, and drains, and underground electrical utilities,
9 but so as not to permanently inconvenience the public use of
10 the roads.
11 (605 ILCS 5/9-113.2 new)
12 Sec. 9-113.2. Regulation of roads and easements. The
13 State highway authorities may regulate the use of public
14 highways and the easements and rights-of-way for the public
15 highways for laying, constructing, building, repairing, and
16 removing underground gas pipes and mains, underground water
17 pipes and mains, underground sewers, tunnels, and drains, and
18 underground electrical utilities, but so as not to
19 permanently inconvenience the public use of the public
20 highways.