[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] | [ Conference Committee Report 001 ] |
90_HB2161ren
70 ILCS 2805/32a.3 from Ch. 42, par. 443a.3
Amends the Sanitary District Act of 1936. Provides that
before a sanitary district may annex unincorporated territory
of 60 acres or less, the record owners of all parcels to be
annexed shall be notified.
LRB9004828PTcw
HB2161 Re-Enrolled LRB9004828PTcw
1 AN ACT concerning units of local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Public Construction Bond Act is amended
5 by changing Section 3 as follows:
6 (30 ILCS 550/3)
7 Sec. 3. Builder or developer cash bond.
8 (a) A county or municipality may not require a cash bond
9 from a builder or developer to guarantee completion of a
10 project improvement when the builder or developer has filed
11 with the county or municipal clerk a current, irrevocable
12 letter of credit, surety bond, or letter of commitment issued
13 by a bank, savings and loan association, surety, or insurance
14 company, deemed with good and sufficient by the county or
15 municipality accepting such security, sureties with the
16 county or municipal clerk in an amount equal to or greater
17 than 110% of the amount of the bid on each project
18 improvement. A builder or developer may elect to utilize an
19 irrevocable letter of credit, surety bond, or letter of
20 commitment, issued by a bank, savings and loan association,
21 surety, or insurance company, deemed good and sufficient by
22 the county or municipality, to satisfy any cash bond
23 requirement established by a county or municipality.
24 (b) If a county or municipality receives a cash bond
25 from a builder or developer to guarantee completion of a
26 project improvement, the county or municipality shall (i)
27 register the bond under the address of the project and the
28 construction permit number and (ii) give the builder or
29 developer a receipt for the bond. The county or municipality
30 shall establish and maintain a separate account for all cash
31 bonds received from builders and developers to guarantee
HB2161 Re-Enrolled -2- LRB9004828PTcw
1 completion of a project improvement.
2 (c) The county or municipality shall refund a cash bond
3 to a builder or developer within 60 days after the builder or
4 developer notifies the county or municipality in writing of
5 the completion of the project improvement for which the bond
6 was required. For these purposes, "completion" means that the
7 county or municipality has determined that the project
8 improvement for which the bond was required is complete or a
9 licensed engineer or licensed architect has certified to the
10 builder or developer and the county or municipality that the
11 project improvement has been completed to the applicable
12 codes and ordinances. The county or municipality shall pay
13 interest to the builder or developer, beginning 60 days after
14 the builder or developer notifies the county or municipality
15 in writing of the completion of the project improvement, on
16 any bond not refunded to a builder or developer, at the rate
17 of 1% per month.
18 (d) A home rule county or municipality may not require
19 or maintain cash bonds from builders or developers in a
20 manner inconsistent with this Section. This Section is a
21 denial and limitation under subsection (i) of Section 6 of
22 Article VII of the Illinois Constitution on the concurrent
23 exercise by a home rule county or municipality of powers and
24 functions exercised by the State.
25 (Source: P.A. 89-518, eff. 1-1-97.)
26 Section 2. The Counties Code is amended by changing
27 Sections 5-1041, 5-1042, and 5-1123 as follows:
28 (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
29 Sec. 5-1041. Maps, plats and subdivisions. A county board
30 may prescribe, by resolution or ordinance, reasonable rules
31 and regulations governing the location, width and course of
32 streets and highways and of floodplain, stormwater and
HB2161 Re-Enrolled -3- LRB9004828PTcw
1 floodwater runoff channels and basins, and the provision of
2 necessary public grounds for schools, public libraries, parks
3 or playgrounds, in any map, plat or subdivision of any block,
4 lot or sub-lot or any part thereof or any piece or parcel of
5 land, not being within any city, village or incorporated
6 town. The rules and regulations may include such reasonable
7 requirements with respect to water supply and sewage
8 collection and treatment as may be established by the
9 Environmental Protection Agency, and such reasonable
10 requirements with respect to floodplain and stormwater
11 management as may be established by the County Stormwater
12 Management Committee established under Section 5-1062 of this
13 Code, and such reasonable requirements with respect to street
14 drainage and surfacing as may be established by the county
15 engineer or superintendent of highways and which by
16 resolution shall be deemed to be the minimum requirements in
17 the interest of the health, safety, education and convenience
18 of the public of the county; and may provide by resolution
19 that the map, plat or subdivision shall be submitted to the
20 county board or to some officer to be designated by the
21 county board for their or his approval. The county board
22 shall have a qualified engineer make an estimate of the
23 probable expenditures necessary to enable any person to
24 conform with the standards of construction established by the
25 board pursuant to the provisions of this Section. Each person
26 who seeks the county board's approval of a map, plat or
27 subdivision shall post a good and sufficient bond or other
28 adequate security with the county clerk, in a penal sum
29 sufficient to cover the estimate of expenditures made by the
30 estimating engineer. The bond or other adequate security
31 shall be conditioned upon faithful adherence to the rules and
32 regulations of the county board promulgated pursuant to the
33 authorization granted to it by this Section or by Section
34 5-1062 of this Code, and in such cases no such map, plat or
HB2161 Re-Enrolled -4- LRB9004828PTcw
1 subdivision shall be entitled to record in the proper county
2 or have any validity until it has been so approved. This
3 Section is subject to the provisions of Section 5-1123.
4 The county board may, by resolution, provide a schedule
5 of fees sufficient to reimburse the county for the costs
6 incurred in reviewing such maps, plats and subdivisions
7 submitted for approval to the county board. The fees
8 authorized by this Section are to be paid into the general
9 corporate fund of the county by the party desiring to have
10 the plat approved.
11 No officer designated by a county board for the approval
12 of plats shall engage in the business of surveying, and no
13 map, plat or subdivision shall be received for record or have
14 any validity which has been prepared by or under the
15 direction of such plat officer.
16 It is the intention of this amendatory Act of 1990 to
17 repeal the language added to Section 25.09 of "An Act to
18 revise the law in relation to counties", approved March 31,
19 1874, by P.A. 86-614, Section 25.09 of that Act being the
20 predecessor of this Section.
21 (Source: P.A. 86-962; 86-1028; 86-1039; 86-1463; 87-217;
22 87-435.)
23 (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
24 Sec. 5-1042. Maps, plats and subdivisions in certain
25 counties. In any county with a population not in excess of
26 500,000 located in the area served by the Northeastern
27 Illinois Metropolitan Planning Commission, a county board may
28 establish by ordinance or resolution of record reasonable
29 rules and regulations governing the location, width and
30 course of streets and highways, and the provision of public
31 grounds for schools, parks or playgrounds, in any map, plat
32 or subdivision of any block, lot or sub-lot or any part
33 thereof or any piece or parcel of land in the county, not
HB2161 Re-Enrolled -5- LRB9004828PTcw
1 being within any city, village or incorporated town in the
2 county which rules and regulations may include such
3 reasonable requirements with respect to water supply and
4 sewage collection and treatment, and such reasonable
5 requirements with respect to street drainage and surfacing,
6 as may be established by the county board as minimum
7 requirements in the interest of the health, safety and
8 convenience of the public of the county; and may require by
9 ordinance or resolution of record that any map, plat or
10 subdivision shall be submitted to the county board or some
11 officer to be designated by the county board for its or his
12 approval in the manner provided in Section 5-1041, and to
13 require bonds and charge fees as provided in Section 5-1041.
14 This Section is subject to the provisions of Section 5-1123.
15 (Source: P.A. 86-962; 86-1028.)
16 (55 ILCS 5/5-1123)
17 Sec. 5-1123. 5-1121. Builder or developer cash bond.
18 (a) A county may not require a cash bond from a builder
19 or developer to guarantee completion of a project improvement
20 when the builder or developer has filed with the county clerk
21 a current, irrevocable letter of credit, surety bond, or
22 letter of commitment, issued by a bank, savings and loan
23 association, surety, or insurance company, deemed with good
24 and sufficient by the county accepting such security,
25 sureties with the county clerk in an amount equal to or
26 greater than 110% of the amount of the bid on each project
27 improvement. A builder or developer may elect to utilize an
28 irrevocable letter of credit, surety bond, or letter of
29 commitment issued by a bank, savings and loan association,
30 surety, or insurance company, deemed good and sufficient by
31 the county, to satisfy any cash bond requirement established
32 by a county.
33 (b) If a county receives a cash bond from a builder or
HB2161 Re-Enrolled -6- LRB9004828PTcw
1 developer to guarantee completion of a project improvement,
2 the county shall (i) register the bond under the address of
3 the project and the construction permit number and (ii) give
4 the builder or developer a receipt for the bond. The county
5 shall establish and maintain a separate account for all cash
6 bonds received from builders and developers to guarantee
7 completion of a project improvement.
8 (c) The county shall refund a cash bond to a builder or
9 developer within 60 days after the builder or developer
10 notifies the county in writing of the completion of the
11 project improvement for which the bond was required. For
12 these purposes, "completion" means that the county has
13 determined that the project improvement for which the bond
14 was required is complete or a licensed engineer or licensed
15 architect has certified to the builder or developer and the
16 county that the project improvement has been completed to the
17 applicable codes and ordinances. The county shall pay
18 interest to the builder or developer, beginning 60 days after
19 the builder or developer notifies the county in writing of
20 the completion of the project improvement, on any bond not
21 refunded to a builder or developer, at the rate of 1% per
22 month.
23 (d) A home rule county may not require or maintain cash
24 bonds from builders or developers in a manner inconsistent
25 with this Section. This Section is a denial and limitation
26 under subsection (i) of Section 6 of Article VII of the
27 Illinois Constitution on the concurrent exercise by a home
28 rule county of powers and functions exercised by the State.
29 (Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
30 Section 2.5. The Illinois Municipal Code is amended by
31 changing Sections 11-12-8 and 11-39-3 as follows:
32 (65 ILCS 5/11-12-8) (from Ch. 24, par. 11-12-8)
HB2161 Re-Enrolled -7- LRB9004828PTcw
1 Sec. 11-12-8. Compliance of plat with map - Designation
2 of public lands - Approval - Bond - Order - Failure to act
3 upon plat. The corporate authorities of the municipality
4 shall determine whether a proposed plat of subdivision or
5 resubdivision complies with the official map. To secure such
6 determination, the person requesting the subdivision or
7 resubdivision shall file four copies of a plat thereof with
8 the clerk of the municipality, and shall furnish therewith
9 four copies of all data necessary to show compliance with all
10 applicable municipal regulations and shall make application
11 for preliminary or final approval of the proposed plat.
12 Whenever the reasonable requirements provided by the
13 ordinance including the official map shall indicate the
14 necessity for providing for a school site, park site, or
15 other public lands within any proposed subdivision for which
16 approval has been requested, and no such provision has been
17 made therefor, the municipal authority may require that lands
18 be designated for such public purpose before approving such
19 plat. Whenever a final plat of subdivision, or part thereof,
20 has been approved by the corporate authorities as complying
21 with the official map and there is designated therein a
22 school site, park site or other public land, the corporate
23 authorities having jurisdiction of such use, be it a school
24 board, park board or other authority, such authority shall
25 acquire the land so designated by purchase or commence
26 proceedings to acquire such land by condemnation within one
27 year from the date of approval of such plat; and if it does
28 not do so within such period of one year, the land so
29 designated may then be used by the owners thereof in any
30 other manner consistent with the ordinance including the
31 official map and the zoning ordinance of the municipality.
32 The corporate authorities may by ordinance provide that a
33 plat of subdivision may be submitted initially to the plan
34 commission for preliminary approval. The application for
HB2161 Re-Enrolled -8- LRB9004828PTcw
1 preliminary approval shall show location and width of
2 proposed streets and public ways, shall indicate proposed
3 location of sewers and storm drains, proposed dedication of
4 public grounds, if any, lot sizes, proposed easements for
5 public utilities, and proposed method of sewage and waste
6 disposal, but need not contain specifications for proposed
7 improvements.
8 The plan Commission shall approve or disapprove the
9 application for preliminary approval within 90 days from the
10 date of the application or the filing by the applicant of the
11 last item of required supporting data, whichever date is
12 later, unless such time is extended by mutual consent. If
13 such plat is disapproved, then within said 90 days the plan
14 commission shall furnish to applicant in writing a statement
15 setting forth the reason for disapproval and specifying with
16 particularity the aspects in which the proposed plat fails to
17 conform to the ordinances including official map. If such
18 plat is approved the corporate authority shall accept or
19 reject said plat within 30 days after its next regular stated
20 meeting following the action of the plan commission.
21 Preliminary approval shall not qualify a plat for recording.
22 Application for final approval of a plat shall be made
23 not later than one year after preliminary approval has been
24 granted. This application must be supported by such drawings,
25 specifications and bond as may be necessary to demonstrate
26 compliance with all requirements of this statute and such
27 regulations as the corporate authorities may provide by
28 ordinance under authority of this statute. This Section is
29 subject to the provisions of Section 11-39-3.
30 The applicant may elect to have final approval of a
31 geographic part or parts of the plat that received
32 preliminary approval, and may delay application for approval
33 of other parts until a later date or dates beyond one year
34 with the approval of the municipal authorities; provided, all
HB2161 Re-Enrolled -9- LRB9004828PTcw
1 facilities required to serve the part or parts for which
2 final approval is sought have been provided. In such case
3 only such part or parts of the plat as have received final
4 approval shall be recorded.
5 When a person submitting a plat of subdivision or
6 resubdivision for final approval has supplied all drawings,
7 maps and other documents required by the municipal ordinances
8 to be furnished in support thereof, and if all such material
9 meets all municipal requirements, the corporate authorities
10 shall approve the proposed plat within 60 days from the date
11 of filing the last required document or other paper or within
12 60 days from the date of filing application for final
13 approval of the plat, whichever date is later. The applicant
14 and the corporate authorities may mutually agree to extend
15 the 60 day period.
16 The corporate authorities may provide that any person,
17 firm or corporation seeking approval of a subdivision or
18 resubdivision map or plat shall post a good and sufficient
19 bond with the municipal clerk in a penal sum sufficient to
20 cover the estimate made by the municipal engineer, or other
21 authorized person, of expenditures, including but not limited
22 to reasonable inspection fees to be borne by the applicant,
23 necessary to conform to the requirements established and
24 conditioned upon completion of said requirements in a
25 reasonable time. The corporate authorities may, by ordinance,
26 prescribe the form of the bond and may require surety to be
27 approved by the corporate authorities; provided, that a
28 municipality may permit the depositing of cash or other
29 security acceptable to the corporate authorities, to complete
30 the improvements required in lieu of a bond if it shall so
31 provide by ordinance; and further provided, that no bond or
32 security shall be required to be filed until the corporate
33 authorities have approved the plat in all other respects and
34 have notified the applicant of such approval. If the
HB2161 Re-Enrolled -10- LRB9004828PTcw
1 corporate authorities require a cash bond, the requirement
2 shall be subject to the provisions of Section 11-39-3.
3 If the preliminary or final plat is approved, the
4 municipal clerk shall attach a certified copy of the order or
5 resolution of approval to a copy of the plat. If the proposed
6 plat is disapproved, the order or resolution shall state the
7 reasons for the disapproval, specifying with particularity
8 the aspects in which the proposed plat fails to conform to
9 the official map. A copy of the order or resolution shall be
10 filed in the office of the municipal clerk.
11 If the corporate authorities fail to act upon the final
12 plat within the time prescribed the applicant may, after
13 giving 5 days written notice to the corporate authorities,
14 file a complaint for summary judgment in the circuit court
15 and upon showing that the corporate authorities have failed
16 to act within the time prescribed the court shall enter an
17 order authorizing the recorder to record the plat as finally
18 submitted without the approval of the corporate authorities.
19 A plat so recorded shall have the same force and effect as
20 though that plat had been approved by the corporate
21 authorities. If the corporate authorities refuse to act upon
22 the final plat within the time prescribed and if their
23 failure to act thereon is wilful, upon such showing and upon
24 proof of damages the municipality shall be liable therefor.
25 (Source: P.A. 83-358.)
26 (65 ILCS 5/11-39-3)
27 Sec. 11-39-3. Builder or developer cash bond.
28 (a) A municipality may not require a cash bond from a
29 builder or developer to guarantee completion of a project
30 improvement when the builder or developer has filed with the
31 municipal clerk a current, irrevocable letter of credit,
32 surety bond, or letter of commitment issued by a bank,
33 savings and loan association, surety, or insurance company,
HB2161 Re-Enrolled -11- LRB9004828PTcw
1 deemed with good and sufficient by the sureties with the
2 clerk of the municipality accepting such security, in an
3 amount equal to or greater than 110% of the amount of the bid
4 on each project improvement. A builder or developer may elect
5 to utilize an irrevocable letter of credit, surety bond, or
6 letter of commitment, issued by a bank, savings and loan
7 association, surety, or insurance company, deemed good and
8 sufficient by the municipality, to satisfy any cash bond
9 requirement established by a municipality.
10 (b) If a municipality receives a cash bond from a
11 builder or developer to guarantee completion of a project
12 improvement, the municipality shall (i) register the bond
13 under the address of the project and the construction permit
14 number and (ii) give the builder or developer a receipt for
15 the bond. The municipality shall establish and maintain a
16 separate account for all cash bonds received from builders
17 and developers to guarantee completion of a project
18 improvement.
19 (c) The municipality shall refund a cash bond to a
20 builder or developer within 60 days after the builder or
21 developer notifies the municipality in writing of the
22 completion of the project improvement for which the bond was
23 required. For these purposes, "completion" means that the
24 municipality has determined that the project improvement for
25 which the bond was required is complete or a licensed
26 engineer or licensed architect has certified to the builder
27 or developer and the municipality that the project
28 improvement has been completed to the applicable codes and
29 ordinances. The municipality shall pay interest to the
30 builder or developer, beginning 60 days after builder or
31 developer notifies the municipality in writing of the
32 completion of the project improvement, on any bond not
33 refunded to a builder or developer, at the rate of 1% per
34 month.
HB2161 Re-Enrolled -12- LRB9004828PTcw
1 (d) A home rule municipality may not require or maintain
2 cash bonds from builders or developers in a manner
3 inconsistent with this Section. This Section is a denial and
4 limitation under subsection (i) of Section 6 of Article VII
5 of the Illinois Constitution on the concurrent exercise by a
6 home rule municipality of powers and functions exercised by
7 the State.
8 (Source: P.A. 89-518, eff. 1-1-97.)
9 Section 3. The Sanitary District Act of 1917 is amended
10 by changing Section 8 as follows:
11 (70 ILCS 2405/8) (from Ch. 42, par. 307)
12 Sec. 8. The sanitary district may acquire by purchase,
13 condemnation, or otherwise all real and personal property,
14 right of way and privilege, either within or without its
15 corporate limits that may be required for its corporate
16 purposes. If real property is acquired by condemnation, the
17 sanitary district may not sell or lease any portion of the
18 property for a period of 10 years after acquisition by
19 condemnation is completed. If, after such 10-year period,
20 the sanitary district decides to sell or lease the property,
21 it must first offer the property for sale or lease to the
22 previous owner of the land from whom the sanitary district
23 acquired the property. If the sanitary district and such
24 previous owner do not execute a contract for purchase or
25 lease of the property within 60 days from the initial offer,
26 the sanitary district then may offer the property for sale or
27 lease to any other person. If any district formed under this
28 Act is unable to agree with any other sanitary district upon
29 the terms whereby it shall be permitted to use the drains,
30 channels or ditches of such other sanitary district, the
31 right to such use may be acquired by condemnation in any
32 circuit court by proceedings as provided in Section 4-17 of
HB2161 Re-Enrolled -13- LRB9004828PTcw
1 the Illinois Drainage Code. The compensation to be paid for
2 such use may be a gross sum, or it may be in the form of an
3 annual rental, to be paid in yearly installments as provided
4 by the judgment of the court wherein such proceedings may be
5 had. However, when such compensation is fixed at a gross sum
6 all moneys for the purchase and condemnation of any property
7 shall be paid before possession is taken or any work done on
8 the premises damaged by the construction of such channel or
9 outlet, and in case of an appeal from the circuit court taken
10 by either party whereby the amount of damages is not finally
11 determined, then possession may be taken, if the amount of
12 judgment in such court is deposited at some bank or savings
13 and loan association to be designated by the court, subject
14 to the payment of such damages on orders signed by the
15 circuit court, whenever the amount of damages is finally
16 determined. The sanitary district may sell, convey, vacate
17 and release the real or personal property, right of way and
18 privileges acquired by it when no longer required for the
19 purposes of the district.
20 (Source: P.A. 84-452; 84-545.)
21 Section 5. The Sanitary District Act of 1936 is amended
22 by adding Sections 8.1 and 8.2 and by changing Sections 10
23 and 32a.3 as follows:
24 (70 ILCS 2805/8.1 new)
25 Sec. 8.1. Private funding of public sewers;
26 reimbursement; contract. If one or more persons pay for
27 building a sewer to be dedicated to the sanitary district as
28 a public sewer, and if the sewer will, in the opinion of the
29 board of trustees, be used for the benefit of property whose
30 owners did not contribute to the cost of the sewer's
31 construction, the board of trustees may provide for
32 reimbursement of some or all of the expenses of the persons
HB2161 Re-Enrolled -14- LRB9004828PTcw
1 who paid for the sewer as provided in this Section. The
2 board of trustees may, by contract, agree to reimburse the
3 persons who paid for the sewer, in whole or in part, for a
4 portion of their costs. The reimbursement shall be made from
5 fees collected from owners of property who did not contribute
6 to the cost of the sewer when it was built. The contract
7 shall describe the property that, in the opinion of the board
8 of trustees, may reasonably be expected to use and benefit
9 from the sewer and shall specify the amount of proportion of
10 the cost of the sewer that is to be incurred primarily for
11 the benefit of that property. The contract shall provide
12 that the sanitary district shall collect the fees charged to
13 owners of property not contributing to the cost of the sewer
14 as a condition to the connection to and use of the sewer by
15 the respective properties of each owner. The contract may
16 provide for the payment of a reasonable amount of interest or
17 other charge on the amount expended in completing the sewer,
18 with interest to be calculated from and after the date of
19 completion of the sewer. Nothing in this Section shall be
20 construed to require an owner of property described in a
21 contract to connect such property to the sewer or to pay a
22 fee if such property is not connected to the sewer.
23 (70 ILCS 2805/8.2 new)
24 Sec. 8.2. Filing of contract. A contract entered into
25 under Section 8.1 between the board of trustees and persons
26 building a sewer to be dedicated to the sanitary district as
27 a public sewer shall be filed with the recorder of each
28 county in which all or a part of the property affected by the
29 contract is located. The recording of the contract in this
30 manner shall serve to notify persons interested in that
31 property of the fact that there will be a charge in relation
32 to that property for the connection to and use of the
33 facilities constructed under the contract. Failure to record
HB2161 Re-Enrolled -15- LRB9004828PTcw
1 the contract does not affect the validity of the contract.
2 (70 ILCS 2805/10) (from Ch. 42, par. 421)
3 Sec. 10. The sanitary district may acquire by purchase,
4 condemnation, or otherwise all real and personal property,
5 right of way and privilege, either within or without its
6 corporate limits that may be required for its corporate
7 purposes. If real property is acquired by condemnation, the
8 sanitary district may not sell or lease any portion of the
9 property for a period of 10 years after acquisition by
10 condemnation is completed. If, after such 10-year period,
11 the sanitary district decides to sell or lease the property,
12 it must first offer the property for sale or lease to the
13 previous owner of the land from whom the sanitary district
14 acquired the property. If the sanitary district and such
15 previous owner do not execute a contract for purchase or
16 lease of the property within 60 days from the initial offer,
17 the sanitary district then may offer the property for sale or
18 lease to any other person. If any sanitary district formed
19 under this Act is unable to agree with any other sanitary
20 district, city, village or incorporated town upon the terms
21 whereby it shall be permitted to use the drains, channels or
22 ditches of such other sanitary district, city, village or
23 incorporated town, the right to such use may be acquired by
24 condemnation in any circuit court by proceedings as provided
25 in Section 4-17 of the Illinois Drainage Code. The
26 compensation to be paid for such use may be a gross sum, or
27 it may be in the form of an annual rental, to be paid in
28 yearly installments as and in the manner provided by the
29 judgment of the court wherein such proceedings may be had.
30 However, when such compensation is fixed at a gross sum, all
31 moneys for the purchase and condemnation of any property
32 shall be paid before possession is taken or any work done on
33 the premises damaged by the construction of such channel or
HB2161 Re-Enrolled -16- LRB9004828PTcw
1 outlet, and in case of an appeal from the circuit court taken
2 by either party whereby the amount of damages is not finally
3 determined, then possession may be taken, if the amount of
4 the judgment in such court is deposited at some bank or
5 savings and loan association to be designated by the court,
6 subject to the payment of such damages on orders signed by
7 such circuit court, whenever the amount of damages is finally
8 determined. The sanitary district may sell, convey, vacate
9 and release the real or personal property, right of way and
10 privileges acquired by it when no longer required for the
11 purposes of such district.
12 (Source: P.A. 83-1362.)
13 (70 ILCS 2805/32a.3) (from Ch. 42, par. 443a.3)
14 Sec. 32a.3. Unincorporated territory annexation.
15 Whenever any unincorporated territory, containing 60 acres or
16 less, is wholly bounded by any sanitary district organized
17 under this Act, that territory may be annexed by that
18 sanitary district by the passage of an ordinance to that
19 effect by the board of trustees of the sanitary district,
20 describing the territory to be annexed. Prior to the passage
21 of such ordinance, the record owners of all parcels to be
22 annexed shall be notified of the planned annexation. After
23 the passage of such ordinance of annexation a copy of such
24 ordinance, with an accurate map of the territory annexed,
25 certified as correct by the clerk of the board of trustees,
26 shall be filed with the County Clerk of the County in which
27 the annexed territory is situated.
28 (Source: Laws 1961, p. 550.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.