State of Illinois
91st General Assembly
Legislation

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91_SB0937

 
                                               SRS91S0034PMcb

 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Section 11-125-2.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Municipal Code is amended by
 6    changing Section 11-125-2 as follows:

 7        (65 ILCS 5/11-125-2) (from Ch. 24, par. 11-125-2)
 8        Sec.  11-125-2.  For  the  purpose  of  establishing   or
 9    supplying  waterworks  and  to  purchase, extend, improve and
10    operate waterworks, each city or village may  go  beyond  its
11    corporate limits and acquire and hold property by purchase or
12    otherwise,  and  also  may  take  and  condemn  all necessary
13    property therefor, in the manner provided for the  taking  or
14    damaging  of  private property for public uses, including any
15    land now used for highway  purposes  in  or  near  any  basin
16    proposed  to  be  flooded  by  the construction, extension or
17    improvement of any lake by any city or village of this state,
18    for water supply purposes, provided the highway is capable of
19    being rerouted, raised or otherwise revised and maintained in
20    use  and  that   the   city   or   village   requiring   such
21    reconstruction    shall    either   perform   the   necessary
22    reconstruction work or pay the full cost thereof to provide a
23    highway of equal value and usefulness to that existing before
24    such work is required,  or  provided  the  highway  has  been
25    vacated   by  order  of  the  highway  authorities  having  a
26    jurisdiction over said highway. The jurisdiction of the  city
27    or  village  to  prevent or punish any pollution or injury to
28    the stream or source of water, or to waterworks,  extends  20
29    miles   beyond  its  corporate  limits,  or  so  far  as  the
30    waterworks may extend.
 
                            -2-                SRS91S0034PMcb
 1    In addition, each city or village is authorized to construct,
 2    maintain, alter and extend its water mains as a proper use of
 3    highways along, upon, under and across any  highway,  street,
 4    alley  or  public  ground  in  the  State,  but  so as not to
 5    inconvenience the public  use  thereof,  and  the  right  and
 6    authority  are  hereby granted to any such city or village to
 7    construct, maintain and  operate  any  conduit  or  conduits,
 8    water  pipe or pipes, wholly or partially buried or otherwise
 9    in, upon and along any of the lands owned by said State under
10    any of the public waters therein; provided  that  the  right,
11    permission  and  authority hereby granted shall be subject to
12    all  public  rights  of  commerce  and  navigation  and   the
13    authority  of  the  United  States  in  behalf of such public
14    rights, and also to the laws of  the  State  of  Illinois  to
15    regulate and control the same.
16    (Source: Laws 1961, p. 576.)

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