Illinois General Assembly - Full Text of Public Act 094-1106
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Public Act 094-1106


 

Public Act 1106 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1106
 
SB2664 Enrolled LRB094 19033 HLH 54528 b

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

Effective Date: 2/9/2007