SB2664ham005 94TH GENERAL ASSEMBLY

Rep. Robert F. Flider

Filed: 4/11/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2664

2     AMENDMENT NO. ______. Amend Senate Bill 2664, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-147-1 as follows:
 
7     (65 ILCS 5/11-147-1)  (from Ch. 24, par. 11-147-1)
8     Sec. 11-147-1. Whenever a municipality, drainage district,
9 sanitary district, or other municipal corporation is adjacent
10 to any other municipality, drainage district, sanitary
11 district, or other municipal corporation the adjacent
12 municipal corporations have the power to contract with each
13 other, upon such terms as may be agreed upon between them, for
14 the perpetual or temporary use and benefit by one of them of
15 any sewer or drain, or of any system of sewerage or drainage or
16 part thereof, or of any sewage disposal or sewage treatment
17 plants and works, heretofore or hereafter constructed by the
18 other. Any such sewer or drain, or system of sewerage or
19 drainage or part thereof, or sewage disposal or sewage
20 treatment plants and work, heretofore or hereafter constructed
21 by one such municipal corporation may be extended or furnished
22 to the inhabitants of the other. Such municipal corporations
23 may by contract with each other provide for the joint
24 construction of any sewer or drain or sewage disposal or sewage

 

 

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1 treatment plants and works by the municipal corporations so
2 contracting, and for the common use thereof by the inhabitants
3 of the contracting municipal corporations. In addition,
4 whenever a sanitary district has acquired an easement granting
5 the sanitary district the right to construct or operate a
6 sanitary sewer system or part of a sanitary sewer system over
7 property that connects the sanitary district to a municipality,
8 the municipality and the sanitary district may enter into a
9 contract for the use of the sanitary sewer system regardless of
10 whether the sanitary district is adjacent to the municipality.
11 (Source: Laws 1961, p. 576.)
 
12     Section 10. The Sanitary District Act of 1917 is amended by
13 changing Sections 8, 23.5, and 23.7 as follows:
 
14     (70 ILCS 2405/8)  (from Ch. 42, par. 307)
15     Sec. 8.
16     (a) The sanitary district may acquire by purchase,
17 condemnation, or otherwise all real and personal property,
18 right of way and privilege, either within or without its
19 corporate limits that may be required for its corporate
20 purposes. If real property is acquired by condemnation, the
21 sanitary district may not sell or lease any portion of the
22 property for a period of 10 years after acquisition by
23 condemnation is completed. If, after such 10-year period, the
24 sanitary district decides to sell or lease the property, it
25 must first offer the property for sale or lease to the previous
26 owner of the land from whom the sanitary district acquired the
27 property. If the sanitary district and such previous owner do
28 not execute a contract for purchase or lease of the property
29 within 60 days from the initial offer, the sanitary district
30 then may offer the property for sale or lease to any other
31 person. If any district formed under this Act is unable to
32 agree with any other sanitary district upon the terms whereby

 

 

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1 it shall be permitted to use the drains, channels or ditches of
2 such other sanitary district, the right to such use may be
3 acquired by condemnation in any circuit court by proceedings as
4 provided in Section 4-17 of the Illinois Drainage Code. The
5 compensation to be paid for such use may be a gross sum, or it
6 may be in the form of an annual rental, to be paid in yearly
7 installments as provided by the judgment of the court wherein
8 such proceedings may be had. However, when such compensation is
9 fixed at a gross sum all moneys for the purchase and
10 condemnation of any property shall be paid before possession is
11 taken or any work done on the premises damaged by the
12 construction of such channel or outlet, and in case of an
13 appeal from the circuit court taken by either party whereby the
14 amount of damages is not finally determined, then possession
15 may be taken, if the amount of judgment in such court is
16 deposited at some bank or savings and loan association to be
17 designated by the court, subject to the payment of such damages
18 on orders signed by the circuit court, whenever the amount of
19 damages is finally determined. The sanitary district may sell,
20 convey, vacate and release the real or personal property, right
21 of way and privileges acquired by it when no longer required
22 for the purposes of the district.
23     (b) A sanitary district may exercise its powers of eminent
24 domain to acquire a public utility only if the Illinois
25 Commerce Commission, following petition by the sanitary
26 district, has granted approval for the sanitary district to
27 proceed in accordance with Article VII of the Code of Civil
28 Procedure. The following procedures must be followed when a
29 sanitary district exercises its power of eminent domain to
30 acquire a public utility.
31         (1) The sanitary district shall petition the
32     Commission for approval of the acquisition of a public
33     utility by the exercise of eminent domain powers. The
34     petition filed by the sanitary district shall state the

 

 

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1     following:
2             (A) the caption of the case;
3             (B) the date of the filing of the application;
4             (C) the name and address of the condemnee;
5             (D) the name and address of the condemnor;
6             (E) a specific reference to the statute under which
7         the condemnation action is authorized;
8             (F) a specific reference to the action, whether by
9         ordinance, resolution, or otherwise, by which the
10         declaration of taking was authorized, including the
11         date when such action was taken, and the place where
12         the record may be examined;
13             (G) a description of the purpose of the
14         condemnation;
15             (H) a reasonable description of the property to be
16         condemned;
17             (I) a statement of how just compensation will be
18         made;
19             (J) a statement that, if the condemnee wishes to
20         challenge the proceeding, the condemnee shall file
21         objections within 45 days after its receipt of the
22         notice.
23         (2) Within 30 days after the filing of a petition by
24     the sanitary district of its intent to acquire by eminent
25     domain all real and personal property, rights of way, and
26     privileges of a public utility, the sanitary district shall
27     serve a copy of the petition on the public utility and
28     shall publish a notice of the filing of the petition in a
29     newspaper of general circulation in the area served by the
30     sanitary district. The sanitary district shall file a
31     certificate of publication with the Commission as proof of
32     publication.
33         (3) Within 45 days after being served with the notice
34     required by this Section, the condemnee may file objections

 

 

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1     to the petition with the Commission. All objections shall
2     state specifically the grounds relied upon. All objections
3     shall be raised at one time and in one document. The
4     condemnee shall serve a copy of the objections upon the
5     condemnor within 72 hours after the objections are filed
6     with the Commission.
7         (4) The Commission shall make a determination
8     regarding the petition and any objections to the petition
9     and shall make such orders and decrees as justice and law
10     shall require. The Commission may take evidence by
11     deposition or otherwise and shall entertain oral argument
12     on all objections. The Commission shall make its
13     determination within 105 days after its receipt of the
14     objections of the condemnee, unless the Commission, in its
15     discretion, extends the determination period for a further
16     period not exceeding 6 months.
17     (c) The Illinois Commerce Commission shall approve the
18 taking of any property by a sanitary district under subsection
19 (b), within or outside its boundaries, if it is in the public
20 interest. The taking shall be considered to be in the public
21 interest if the sanitary district establishes by a
22 preponderance of the evidence:
23         (1) that the sanitary district has been in existence as
24     the operator of a wastewater system for at least 20 years;
25         (2) that it will provide wastewater treatment service
26     within the proposed area subject to condemnation at the
27     same level of wastewater treatment service provided
28     throughout the district;
29         (3) that it will provide the wastewater collection,
30     treatment, and disposal at the same or less operational and
31     maintenance volumetric or bulk rate as the public utility
32     whose property is subject to condemnation; and
33         (4) that it is not financially impractical for the
34     public utility to serve its remaining customers who are not

 

 

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1     in the area subject to condemnation.
2 (Source: P.A. 90-558, eff. 12-12-97.)
 
3     (70 ILCS 2405/23.5)  (from Ch. 42, par. 317e.5)
4     Sec. 23.5. Any sanitary district may annex any territory
5 which is not within the corporate limits of the sanitary
6 district but which is contiguous to it and is served by the
7 sanitary district or by a municipality with sanitary sewers
8 that are connected and served by the sanitary district by the
9 passage of an ordinance to that effect by the board of
10 trustees, describing the territory to be annexed. A copy of the
11 ordinance with an accurate map of the annexed territory,
12 certified as correct by the clerk of the district shall be
13 filed with the county clerk of the county in which the annexed
14 territory is located. For purposes of this Act, a property is
15 served by a sanitary district if a sewer that is part of the
16 sanitary district's sewer system, part of the sewer system of a
17 municipality that is connected to the sanitary district, or
18 part of any other sewer system that connects to and is served
19 by the sanitary district has been extended to, across, or along
20 the property, whether or not the buildings on the property are
21 physically connected to the sewer.
22     Territory that is not contiguous to a sanitary district but
23 is separated from the sanitary district by only a forest
24 preserve district may be annexed to the sanitary district under
25 this Section. The territory included within the forest preserve
26 district shall not be annexed to the sanitary district and
27 shall not be subject to rights-of-way for access or services
28 between the parts of the sanitary district separated by the
29 forest preserve district without the approval of the governing
30 body of the forest preserve district.
31 (Source: P.A. 90-697, eff. 8-7-98.)
 
32     (70 ILCS 2405/23.7)  (from Ch. 42, par. 317e.7)

 

 

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1     Sec. 23.7. For purposes of this Act, territory to be
2 organized as a sanitary district shall be considered to be
3 contiguous territory, and territory to be annexed to a sanitary
4 district shall be considered to be contiguous to the sanitary
5 district notwithstanding that the territory to be so organized
6 is divided by, one or more railroad rights-of-ways, public
7 easements, or property owned by a public utility or that the
8 territory to be so annexed is separated from the sanitary
9 district by, one or more railroad rights-of-ways, public
10 easements, or property owned by a public utility, or property
11 owned by a forest preserve district or any public agency or
12 not-for-profit corporation, provided that the property does
13 not require sanitary sewer service. However, upon such
14 organization or annexation, the area included within any such
15 right-of-way, public easement, or property owned by a public
16 utility, or property owned by a forest preserve district or any
17 public agency or not-for-profit corporation shall not be
18 considered a part of or annexed to the sanitary district and
19 shall not be subject to rights-of-way for access or services
20 without the approval of the legal owner of the property.
21 (Source: P.A. 89-558, eff. 7-26-96.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.".