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Public Act 91-0925
SB1881 Enrolled LRB9111146MWgc
AN ACT concerning sanitary districts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Metropolitan Water Reclamation District
Act is amended by changing Section 7a and adding Section 277
as follows:
(70 ILCS 2605/7a) (from Ch. 42, par. 326a)
Sec. 7a. Discharge into sewers of a sanitary district.
(a) The terms used in this Section are defined as
follows:
"Board of Commissioners" means the Board of Commissioners
of the sanitary district.
"Sewage" means water-carried human wastes or a
combination of water-carried wastes from residences,
buildings, businesses, industrial establishments,
institutions, or other places together with any ground,
surface, storm, or other water that may be present.
"Industrial Wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
"Other Wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar,
chemicals, and all other substances except sewage and
industrial wastes.
"Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust,
school district, unit of local government, or private
corporation organized or existing under the laws of this or
any other state or country.
"General Superintendent" means the general superintendent
of the sanitary district.
(b) It shall be unlawful for any person to discharge
sewage, industrial waste, or other wastes into the sewerage
system of a sanitary district or into any sewer connected
therewith, except upon the terms and conditions that the
sanitary district might reasonably impose by way of
ordinance, permit, or otherwise.
Any sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including but not limited to, the imposition of
charges based on factors that influence the cost of
treatment, including strength and volume, and including the
right of access during reasonable hours to the premises of a
person for enforcement of adopted ordinances, rules, or
regulations.
(c) Whenever the sanitary district acting through the
general superintendent determines that sewage, industrial
wastes, or other wastes are being discharged into the
sewerage system and when, in the opinion of the general
superintendent the discharge is in violation of an ordinance,
rules, or regulations adopted by the Board of Commissioners
under this Section governing industrial wastes or other
wastes, the general superintendent shall order the offending
party to cease and desist. The order shall be served by
certified mail or personally on the owner, officer,
registered agent, or individual designated by permit.
In the event the offending party fails or refuses to
discontinue the discharge within 90 days after notification
of the cease and desist order, the general superintendent
may order the offending party to show cause before the Board
of Commissioners of the sanitary district why the discharge
should not be discontinued. A notice shall be served on the
offending party directing him, her, or it to show cause
before the Board of Commissioners why an order should not be
entered directing the discontinuance of the discharge. The
notice shall specify the time and place where a hearing will
be held and shall be served personally or by registered or
certified mail at least 10 days before the hearing; and in
the case of a unit of local government or a corporation the
service shall be upon an officer or agent thereof. After
reviewing the evidence, the Board of Commissioners may issue
an order to the party responsible for the discharge,
directing that within a specified period of time the
discharge be discontinued. The Board of Commissioners may
also order the party responsible for the discharge to pay a
civil penalty in an amount specified by the Board of
Commissioners that is not less than $100 nor more than $2,000
per day for each day of discharge of effluent in violation of
this Act as provided in subsection (d). The Board of
Commissioners may also order the party responsible for the
violation to pay court reporter costs and hearing officer
fees in a total amount not exceeding $3,000.
(d) The Board of Commissioners shall establish
procedures for assessing civil penalties and issuing orders
under subsection (c) as follows:
(1) In making its orders and determinations, the
Board of Commissioners shall take into consideration all
the facts and circumstances bearing on the activities
involved and the assessment of civil penalties as shown
by the record produced at the hearing.
(2) The Board of Commissioners shall establish a
panel of independent hearing officers to conduct all
hearings on the assessment of civil penalties and
issuance of orders under subsection (c). The hearing
officers shall be attorneys licensed to practice law in
this State.
(3) The Board of Commissioners shall promulgate
procedural rules governing the proceedings, the
assessment of civil penalties, and the issuance of
orders.
(4) All hearings shall be on the record, and
testimony taken must be under oath and recorded
stenographically. Transcripts so recorded must be made
available to any member of the public or any party to the
hearing upon payment of the usual charges for
transcripts. At the hearing, the hearing officer may
issue, in the name of the Board of Commissioners, notices
of hearing requesting the attendance and testimony of
witnesses and the production of evidence relevant to any
matter involved in the hearing and may examine witnesses.
(5) The hearing officer shall conduct a full and
impartial hearing on the record, with an opportunity for
the presentation of evidence and cross-examination of the
witnesses. The hearing officer shall issue findings of
fact, conclusions of law, a recommended civil penalty,
and an order based solely on the record. The hearing
officer may also recommend, as part of the order, that
the discharge of industrial waste be discontinued within
a specified time.
(6) The findings of fact, conclusions of law,
recommended civil penalty, and order shall be transmitted
to the Board of Commissioners along with a complete
record of the hearing.
(7) The Board of Commissioners shall either approve
or disapprove the findings of fact, conclusions of law,
recommended civil penalty, and order. If the findings of
fact, conclusions of law, recommended civil penalty, or
order are rejected, the Board of Commissioners shall
remand the matter to the hearing officer for further
proceedings. If the order is accepted by the Board of
Commissioners, it shall constitute the final order of the
Board of Commissioners.
(8) (Blank). The Administrative Review Law, and the
rules adopted under that Law, shall govern all
proceedings for the judicial review of final orders of
the Board of Commissioners issued under this subsection.
(9) The civil penalty specified by the Board of
Commissioners shall be paid within 35 days after the
party on whom it is imposed receives a written copy of
the order of the Board of Commissioners, unless the
person or persons to whom the order is issued seeks
judicial review under paragraph (8).
(10) If the respondent seeks judicial review of the
order assessing civil penalties, the respondent shall,
within 35 days after the date of the final order, pay the
amount of the civil penalties into an escrow account
maintained by the district for that purpose or file a
bond guaranteeing payment of the civil penalties if the
civil penalties are upheld on review.
(11) Civil penalties not paid by the times
specified above shall be delinquent and subject to a lien
recorded against the property of the person ordered to
pay the penalty. The foregoing provisions for asserting
liens against real estate by the sanitary district shall
be in addition to and not in derogation of any other
remedy or right of recovery, in law or equity, that the
sanitary district may have with respect to the collection
or recovery of penalties and charges imposed by the
sanitary district. Judgment in a civil action brought by
the sanitary district to recover or collect the charges
shall not operate as a release and waiver of the lien
upon the real estate for the amount of the judgment.
Only satisfaction of the judgment or the filing of a
release or satisfaction of lien shall release the lien.
(e) The general superintendent may order a person to
cease the discharge of industrial waste upon a finding by the
general superintendent that the final order of the Board of
Commissioners entered after a hearing to show cause has been
violated. The general superintendent shall serve the person
with a copy of his or her order either by certified mail or
personally by serving the owner, officer, registered agent,
or individual designated by permit. The order of the general
superintendent shall also schedule an expedited hearing
before a hearing officer designated by the Board of
Commissioners for the purpose of determining whether the
company has violated the final order of the Board of
Commissioners. The Board of Commissioners shall adopt rules
of procedure governing expedited hearings. In no event shall
the hearing be conducted less than 7 days after receipt by
the person of the general superintendent's order.
At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the Board of
Commissioners. If the Board of Commissioners, after
reviewing the findings and recommendations, and the record
produced at the hearings, determines that the person has
violated the Board of Commissioner's final order, the Board
of Commissioners may authorize the plugging of the sewer.
The general superintendent shall give not less than 10 days
written notice of the Board of Commissioner's order to the
owner, officer, registered agent, or individual designated by
permit, as well as the owner of record of the real estate and
other parties known to be affected, that the sewer will be
plugged. The Administrative Review Law, and the rules adopted
under that Law, shall govern all proceedings for the judicial
review of final orders of the Board of Commissioners issued
under this subsection.
The foregoing provision for plugging a sewer shall be in
addition to and not in derogation of any other remedy, in law
or in equity, that the district may have to prevent violation
of its ordinances and orders of its Board of Commissioners.
(f) A violation of the final order of the Board of
Commissioners shall be considered a nuisance. If any person
discharges sewage, industrial wastes, or other wastes into
any waters contrary to the final order of the Board of
Commissioners, the sanitary district acting through the
general superintendent has the power to commence an action or
proceeding in the circuit court in and for the county in
which the sanitary district is located for the purpose of
having the discharge stopped either by mandamus or
injunction, or to remedy the violation in any manner provided
for in this Section.
The court shall specify a time, not exceeding 20 days
after the service of the copy of the complaint, in which the
party complained of must plead to the complaint, and in the
meantime, the party may be restrained. In case of default or
after pleading, the court shall immediately inquire into the
facts and circumstances of the case and enter an appropriate
judgment in respect to the matters complained of. Appeals
may be taken as in other civil cases.
(g) The sanitary district, acting through the general
superintendent, has the power to commence an action or
proceeding for mandamus or injunction in the circuit court
ordering a person to cease its discharge, when, in the
opinion of the general superintendent, the person's discharge
presents an imminent danger to the public health, welfare, or
safety, presents or may present an endangerment to the
environment, or threatens to interfere with the operation of
the sewerage system or a water reclamation plant under the
jurisdiction of the sanitary district. The initiation of a
show cause hearing is not a prerequisite to the commencement
by the sanitary district of an action or proceeding for
mandamus or injunction in the circuit court. The court shall
specify a time, not exceeding 20 days after the service of a
copy of the petition, in which the party complained of must
answer the petition, and in the meantime, the party may be
restrained. In case of default in answer or after answer,
the court shall immediately inquire into the facts and
circumstances of the case and enter an appropriate judgment
order in respect to the matters complained of. An appeal may
be taken from the final judgment in the same manner and with
the same effect as appeals are taken from judgment of the
circuit court in other actions for mandamus or injunction.
(h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess
a civil penalty of not less than $1,000 nor more than $10,000
for each day the person violates a Board order. Whenever the
sanitary district commences an action under subsection (g) of
this Section, the court shall assess a civil penalty of not
less than $1,000 nor more than $10,000 for each day the
person violates the ordinance. Each day's continuance of the
violation is a separate offense. The penalties provided in
this Section plus interest at the rate set forth in the
Interest Act on unpaid penalties, costs, and fees, imposed by
the Board of Commissioners under subsection (d), the
reasonable costs to the sanitary district of removal or other
remedial action caused by discharges in violation of this
Act, reasonable attorney's fees, court costs, and other
expenses of litigation together with costs for inspection,
sampling, analysis, and administration related to the
enforcement action against the offending party are
recoverable by the sanitary district in a civil action.
(i) The Board of Commissioners may establish fees for
late filing of reports with the sanitary district required by
an ordinance governing discharges. The sanitary district
shall provide by certified mail a written notice of the fee
assessment that states the person has 30 days after the
receipt of the notice to request a conference with the
general superintendent's designee to discuss or dispute the
appropriateness of the assessed fee. Unless a person objects
to paying the fee for filing a report late by timely
requesting in writing a conference with a designee of the
general superintendent, that person waives his or her right
to a conference and the sanitary district may impose a lien
recorded against the property of the person for the amount of
the unpaid fee.
If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee.
If the hearing officer finds that the late filing fees
are owed to the sanitary district, the sanitary district
shall notify the responsible person or persons of the hearing
officer's decision. If payment is not made within 30 days
after the notice, the sanitary district may impose a lien on
the property of the person or persons.
Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A
claim for lien shall be filed in the office of the recorder
of the county in which the property is located. The filing
of a claim for lien by the district does not prevent the
sanitary district from pursuing other means for collecting
late filing fees. If a claim for lien is filed, the sanitary
district shall notify the person whose property is subject to
the lien, and the person may challenge the lien by filing an
action in the circuit court. The action shall be filed
within 90 days after the person receives the notice of the
filing of the claim for lien. The court shall hear evidence
concerning the underlying reasons for the lien only if an
administrative hearing has not been held under this
subsection.
(j) If the provisions of any paragraph of this Section
are declared unconstitutional or invalid by the final
decision of any court of competent jurisdiction, the
provisions of the remaining paragraphs continue in effect.
(k) Nothing in this Section eliminates any of the powers
now granted to municipalities having a population of 500,000
or more as to design, preparation of plans, and construction,
maintenance, and operation of sewers and sewerage systems, or
for the control and elimination or prevention of the
pollution of their waters or waterways, in the Illinois
Municipal Code or any other Act of the State of Illinois.
(l) The provisions of the Administrative Review Law and
all amendments and rules adopted pursuant to that Law apply
to and govern all proceedings for the judicial review of
final administrative decisions of the Board of Commissioners
in the enforcement of any ordinance, rule, or regulation
adopted under this Act.
(Source: P.A. 90-354, eff. 8-8-97.)
(70 ILCS 2605/277 new)
Sec. 277. District enlarged. Upon the effective date of
this amendatory Act of the 91st General Assembly, the
corporate limits of the Metropolitan Water Reclamation
District are extended to include within those limits the
following described tracts of land that are annexed to the
District:
(a) SUBJECT PARCEL:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, MORE
PARTICULARLY DESCRIBED AS:
ORIGINAL PARCEL 1:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING EASTERLY OF THE EASTERLY RIGHT
OF WAY LINE OF RELOCATED BARRINGTON ROAD, AS DEDICATED BY
DOCUMENT NUMBER 11234368, AND LYING SOUTH OF LOT 1 IN
ROSE PACKING COMPANY SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING
TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT
87172901;
-LESS AND EXCEPTING THEREFROM-
ANY PART THEREOF PREVIOUSLY CONVEYED IN FEE TO THE
ILLINOIS STATE TOLL HIGHWAY COMMISSION BY WARRANTY DEED
RECORDED AS DOCUMENT 16947360;
-LESS AND EXCEPTING THEREFROM-
THE FOLLOWING PART THEREOF TAKEN IN CASE NO 88L51441,
CIRCUIT COURT OF COOK COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4
OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH
00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST
LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO THE POINT OF
BEGINNING, BEING ALSO A POINT IN THE NORTHERLY LINE OF A
PERPETUAL EASEMENT GRANTED TO THE ILLINOIS STATE TOLL
HIGHWAY COMMISSION PER CONVEYANCE RECORDED FEBRUARY 21,
1957, AS DOCUMENT 16831935; THENCE CONTINUING NORTH 00
DEGREES 14 MINUTES 15 SECONDS EAST, ALONG SAID EAST LINE,
371.20 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID LOT
1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE NORTH 88
DEGREES 30 MINUTES 52 SECONDS WEST, ALONG THE SOUTH LINE
OF SAID LOT 1, A DISTANCE OF 71.02 FEET; THENCE SOUTH 00
DEGREES 14 MINUTES 15 SECONDS WEST, 333.80 FEET TO A
POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT
GRANTED TO ILLINOIS STATE TOLL HIGHWAY COMMISSION PER
CONVEYANCE RECORDED JULY 2, 1957, AS DOCUMENT 16947360;
THENCE SOUTH 57 DEGREES 45 MINUTES 35 SECONDS EAST, ALONG
SAID NORTHERLY LINE, 63.91 FEET TO AN INTERSECTION WITH
THE AFOREMENTIONED PERPETUAL EASEMENT LINE, EXTENDED
WESTERLY; THENCE SOUTH 72 DEGREES 56 MINUTES 57 SECONDS
EAST, ALONG SAID EXTENDED LINE, 17.55 FEET TO THE POINT
OF BEGINNING;
-TOGETHER WITH-
ORIGINAL PARCEL 2:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
35, TOWNSHIP 42 NORTH, RANGE 9, AND, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED
BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECOND EAST
ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO
A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT
GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER
CONVEYANCE RECORDED FEBRUARY 21, 1957 AS DOCUMENT NO.
16831935; THENCE NORTH 72 DEGREES 56 MINUTES 57 SECONDS
WEST ALONG SAID NORTHERLY LINE (EXTENDED WESTERLY) 17.55
FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF A
PERPETUAL EASEMENT (SINCE RELEASED PER QUITCLAIM DEED
RECORDED APRIL 16, 1996 AS DOCUMENT # 96283771) GRANTED
TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER
CONVEYANCE RECORDED JULY 2, 1957 AS DOCUMENT NO.
16947360; THENCE NORTH 57 DEGREES 45 MINUTES 35 SECONDS
WEST ALONG SAID NORTHERLY LINE, 63.91 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING NORTH 57 DEGREES 45
MINUTES 35 SECONDS WEST ALONG SAID NORTHERLY LINE 387.69
FEET; THENCE CONTINUING NORTH 78 DEGREES 15 MINUTES 45
SECONDS WEST ALONG SAID NORTHERLY LINE 430.00 FEET TO THE
WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957
AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28
FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE
BEARS SOUTH 75 DEGREES 29 MINUTES 00 SECONDS EAST FROM
SAID POINT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND
SAID CURVE, 100.20 FEET THROUGH A CENTRAL ANGLE OF 03
DEGREES 40 MINUTES 29 SECONDS TO THE SOUTHERLY LINE OF
PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT
#16947360; THENCE SOUTH 78 DEGREES 07 MINUTES 48 SECONDS
EAST ALONG SAID SOUTHERLY LINE 192.00 FEET; THENCE
CONTINUING SOUTH 68 DEGREES 07 MINUTES 13 SECONDS EAST
ALONG SAID SOUTHERLY LINE 425.64 FEET; THENCE CONTINUING
SOUTH 57 DEGREES 38 MINUTES 13 SECONDS EAST ALONG SAID
SOUTHERLY LINE 222.02 FEET; THENCE NORTH 00 DEGREES 14
MINUTES 15 SECONDS EAST 120.40 FEET TO THE POINT OF
BEGINNING;
EXCEPTION FROM ORIGINAL PARCEL 1 AND ORIGINAL PARCEL 2
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED
BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST,
ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO
THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY
SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST
1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE
NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 1, 805.52 FEET TO THE WESTERLY
LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS
DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT
RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE
AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD
BEARING SOUTH 13 DEGREES 47 MINUTES 57 SECONDS WEST) TO
THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
1957 AS DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 09
MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40
FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST
CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE
SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING
ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION
WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 35 TO A POINT OF BEGINNING
FOR THIS LEGAL DESCRIPTION; THENCE NORTH 00 DEGREES 14
MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE
BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE
PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30
MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION
WITH THE WESTERLY LINE OF RELOCATED CENTRAL ROAD PER
CONDEMNATION CASE NO 88L51440; THENCE SOUTH 00 DEGREES 14
MINUTES 15 SECONDS WEST ALONG SAID LAST DESCRIBED
WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86 FEET TO
THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
1957 AS DOCUMENT #16947360; THENCE NORTH 57 DEGREES 37
MINUTES 56 SECONDS WEST ALONG SAID LAST DESCRIBED
SOUTHERLY LINE OF PERPETUAL EASEMENT, 164.14 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO KNOWN AS:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION
35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN ASSUMED
BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST,
ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO
THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY
SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST
1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE
NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 1, A DISTANCE OF 71.02 FEET TO THE
POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE
NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST CONTINUING
ALONG THE SOUTH LINE OF SAID LOT 1, 734.50 FEET TO THE
WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957
AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28
FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY
LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET,
CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 51 SECONDS
WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT
RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH
78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID
SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07
MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY
LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56
SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88
FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH
THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35;
THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG
SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN
INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH
LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE
SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET
TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED
CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE
NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID
LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD,
72.44 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
(b) THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN
ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS
EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00
FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING
COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 1, 1987 AS DOCUMENT NUMBER
87172901; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS
WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52 FEET TO
THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
1957 AS DOCUMENT NUMBER 16947360, BEING ALSO A POINT ON A
1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00
FEET, CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 51
SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT
RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE
SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID
SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07
MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY
LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56
SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88
FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH
THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35 TO
A POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE
NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID
LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN
INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH
LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE
SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET
TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED
CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE
SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG SAID
LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD,
381.86 FEET TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT
RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE
NORTH 57 DEGREES 37 MINUTES 56 SECONDS WEST ALONG SAID
LAST DESCRIBED SOUTHERLY LINE OF PERPETUAL EASEMENT,
164.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
Section 5. The Sanitary District Act of 1936 is amended
by changing Section 1 as follows:
(70 ILCS 2805/1) (from Ch. 42, par. 412)
Sec. 1. Incorporation; referendum.
(a) Any area of contiguous territory within the limits
of a single county and without the limits of any city,
village or incorporated town may be incorporated as a
sanitary district under this Act in the manner provided in
this Section. Any 2 areas that (i) are not contiguous to each
other, but each of which is contiguous by itself, and (ii)
are less than 1 mile apart from each other, and (iii) are
within the limits of a single county and without the limits
of any city, village, or incorporated town may also be
incorporated as a sanitary district under this Act in the
manner provided for in this Section.
(b) Any 20% of the legal voters residing within the
limits of the proposed sanitary district may petition the
Circuit Court in the county in which the proposed district is
situated, to cause to be submitted to the legal voters of the
proposed sanitary district the question of whether the
proposed territory shall be organized as a sanitary district
under this Act. The petition shall be addressed to the
Circuit Court and shall contain a definite description of the
boundaries of the territory to be embraced in the district
and the name of the proposed sanitary district.
(c) Upon filing of the petition in the office of the
circuit clerk in the county in which the proposed sanitary
district is situated, the Circuit Court shall name 3 judges
of the court who shall constitute a board of commissioners,
which shall have power and authority to consider the
boundaries of the proposed sanitary district and whether the
boundaries shall be as described in the petition or
otherwise. The decision of 2 of the commissioners shall be
conclusive and shall not be subject to review in any manner,
directly or indirectly.
(d) Notice shall be given by the Circuit Court of the
time and place where the commissioners will meet, by a
publication of notice at least 20 days prior to the meeting
in one or more daily or weekly newspapers published in the
proposed district or, if no such newspaper is published in
the proposed district, then by the posting of at least 5
copies of the notice in the proposed district at least 20
days before the hearing.
(e) At the meeting all persons who reside in the
proposed district shall have an opportunity to be heard and
to make suggestions regarding the location and boundary of
the proposed district. The commissioners, after hearing
statements, evidence and suggestions, shall fix and determine
the boundaries of the proposed district, and for that purpose
and to that extent they may alter and amend the petition.
After the determination by the commissioners, or a majority
of them, their determination shall be incorporated in an
order, which shall be entered of record in the Circuit Court.
(f) Upon the entering of the order, the Circuit Court
shall certify the question of the organization and
establishment of the proposed sanitary district, with the
boundaries as determined by the commissioners, to the
appropriate election authorities who shall submit the
question at an election in accordance with the general
election law. In addition to the requirements of the general
election law, notice shall specify briefly the purpose of the
election, with a description of the proposed sanitary
district.
(g) Each legal voter resident within the proposed
sanitary district shall have the right to cast a ballot at
the referendum. The question shall be in substantially the
following form:
-------------------------------------------------------------
For Sanitary District
-------------------------------------------------------------
Against Sanitary District
-------------------------------------------------------------
(h) The Circuit Court shall cause a statement of the
result of the referendum to be entered of record in the
Circuit Court. If a majority of the votes cast upon the
question of the organization and establishment of the
proposed sanitary district shall be in favor of the
organization and establishment of the proposed sanitary
district, the proposed sanitary district shall thenceforth be
deemed to have been incorporated and to be an organized
sanitary district under this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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