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.