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91_SB1881enr SB1881 Enrolled LRB9111146MWgc 1 AN ACT concerning sanitary districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Metropolitan Water Reclamation District 5 Act is amended by changing Section 7a and adding Section 277 6 as follows: 7 (70 ILCS 2605/7a) (from Ch. 42, par. 326a) 8 Sec. 7a. Discharge into sewers of a sanitary district. 9 (a) The terms used in this Section are defined as 10 follows: 11 "Board of Commissioners" means the Board of Commissioners 12 of the sanitary district. 13 "Sewage" means water-carried human wastes or a 14 combination of water-carried wastes from residences, 15 buildings, businesses, industrial establishments, 16 institutions, or other places together with any ground, 17 surface, storm, or other water that may be present. 18 "Industrial Wastes" means all solids, liquids, or gaseous 19 wastes resulting from any commercial, industrial, 20 manufacturing, agricultural, trade, or business operation or 21 process, or from the development, recovery, or processing of 22 natural resources. 23 "Other Wastes" means decayed wood, sawdust, shavings, 24 bark, lime, refuse, ashes, garbage, offal, oil, tar, 25 chemicals, and all other substances except sewage and 26 industrial wastes. 27 "Person" means any individual, firm, association, joint 28 venture, sole proprietorship, company, partnership, estate 29 copartnership, corporation, joint stock company, trust, 30 school district, unit of local government, or private 31 corporation organized or existing under the laws of this or SB1881 Enrolled -2- LRB9111146MWgc 1 any other state or country. 2 "General Superintendent" means the general superintendent 3 of the sanitary district. 4 (b) It shall be unlawful for any person to discharge 5 sewage, industrial waste, or other wastes into the sewerage 6 system of a sanitary district or into any sewer connected 7 therewith, except upon the terms and conditions that the 8 sanitary district might reasonably impose by way of 9 ordinance, permit, or otherwise. 10 Any sanitary district, in addition to all other powers 11 vested in it and in the interest of public health and safety, 12 or as authorized by subsections (b) and (c) of Section 46 of 13 the Environmental Protection Act, is hereby empowered to pass 14 all ordinances, rules, or regulations necessary to implement 15 this Section, including but not limited to, the imposition of 16 charges based on factors that influence the cost of 17 treatment, including strength and volume, and including the 18 right of access during reasonable hours to the premises of a 19 person for enforcement of adopted ordinances, rules, or 20 regulations. 21 (c) Whenever the sanitary district acting through the 22 general superintendent determines that sewage, industrial 23 wastes, or other wastes are being discharged into the 24 sewerage system and when, in the opinion of the general 25 superintendent the discharge is in violation of an ordinance, 26 rules, or regulations adopted by the Board of Commissioners 27 under this Section governing industrial wastes or other 28 wastes, the general superintendent shall order the offending 29 party to cease and desist. The order shall be served by 30 certified mail or personally on the owner, officer, 31 registered agent, or individual designated by permit. 32 In the event the offending party fails or refuses to 33 discontinue the discharge within 90 days after notification 34 of the cease and desist order, the general superintendent SB1881 Enrolled -3- LRB9111146MWgc 1 may order the offending party to show cause before the Board 2 of Commissioners of the sanitary district why the discharge 3 should not be discontinued. A notice shall be served on the 4 offending party directing him, her, or it to show cause 5 before the Board of Commissioners why an order should not be 6 entered directing the discontinuance of the discharge. The 7 notice shall specify the time and place where a hearing will 8 be held and shall be served personally or by registered or 9 certified mail at least 10 days before the hearing; and in 10 the case of a unit of local government or a corporation the 11 service shall be upon an officer or agent thereof. After 12 reviewing the evidence, the Board of Commissioners may issue 13 an order to the party responsible for the discharge, 14 directing that within a specified period of time the 15 discharge be discontinued. The Board of Commissioners may 16 also order the party responsible for the discharge to pay a 17 civil penalty in an amount specified by the Board of 18 Commissioners that is not less than $100 nor more than $2,000 19 per day for each day of discharge of effluent in violation of 20 this Act as provided in subsection (d). The Board of 21 Commissioners may also order the party responsible for the 22 violation to pay court reporter costs and hearing officer 23 fees in a total amount not exceeding $3,000. 24 (d) The Board of Commissioners shall establish 25 procedures for assessing civil penalties and issuing orders 26 under subsection (c) as follows: 27 (1) In making its orders and determinations, the 28 Board of Commissioners shall take into consideration all 29 the facts and circumstances bearing on the activities 30 involved and the assessment of civil penalties as shown 31 by the record produced at the hearing. 32 (2) The Board of Commissioners shall establish a 33 panel of independent hearing officers to conduct all 34 hearings on the assessment of civil penalties and SB1881 Enrolled -4- LRB9111146MWgc 1 issuance of orders under subsection (c). The hearing 2 officers shall be attorneys licensed to practice law in 3 this State. 4 (3) The Board of Commissioners shall promulgate 5 procedural rules governing the proceedings, the 6 assessment of civil penalties, and the issuance of 7 orders. 8 (4) All hearings shall be on the record, and 9 testimony taken must be under oath and recorded 10 stenographically. Transcripts so recorded must be made 11 available to any member of the public or any party to the 12 hearing upon payment of the usual charges for 13 transcripts. At the hearing, the hearing officer may 14 issue, in the name of the Board of Commissioners, notices 15 of hearing requesting the attendance and testimony of 16 witnesses and the production of evidence relevant to any 17 matter involved in the hearing and may examine witnesses. 18 (5) The hearing officer shall conduct a full and 19 impartial hearing on the record, with an opportunity for 20 the presentation of evidence and cross-examination of the 21 witnesses. The hearing officer shall issue findings of 22 fact, conclusions of law, a recommended civil penalty, 23 and an order based solely on the record. The hearing 24 officer may also recommend, as part of the order, that 25 the discharge of industrial waste be discontinued within 26 a specified time. 27 (6) The findings of fact, conclusions of law, 28 recommended civil penalty, and order shall be transmitted 29 to the Board of Commissioners along with a complete 30 record of the hearing. 31 (7) The Board of Commissioners shall either approve 32 or disapprove the findings of fact, conclusions of law, 33 recommended civil penalty, and order. If the findings of 34 fact, conclusions of law, recommended civil penalty, or SB1881 Enrolled -5- LRB9111146MWgc 1 order are rejected, the Board of Commissioners shall 2 remand the matter to the hearing officer for further 3 proceedings. If the order is accepted by the Board of 4 Commissioners, it shall constitute the final order of the 5 Board of Commissioners. 6 (8) (Blank).The Administrative Review Law, and the7rules adopted under that Law, shall govern all8proceedings for the judicial review of final orders of9the Board of Commissioners issued under this subsection.10 (9) The civil penalty specified by the Board of 11 Commissioners shall be paid within 35 days after the 12 party on whom it is imposed receives a written copy of 13 the order of the Board of Commissioners, unless the 14 person or persons to whom the order is issued seeks 15 judicial review under paragraph (8). 16 (10) If the respondent seeks judicial review of the 17 order assessing civil penalties, the respondent shall, 18 within 35 days after the date of the final order, pay the 19 amount of the civil penalties into an escrow account 20 maintained by the district for that purpose or file a 21 bond guaranteeing payment of the civil penalties if the 22 civil penalties are upheld on review. 23 (11) Civil penalties not paid by the times 24 specified above shall be delinquent and subject to a lien 25 recorded against the property of the person ordered to 26 pay the penalty. The foregoing provisions for asserting 27 liens against real estate by the sanitary district shall 28 be in addition to and not in derogation of any other 29 remedy or right of recovery, in law or equity, that the 30 sanitary district may have with respect to the collection 31 or recovery of penalties and charges imposed by the 32 sanitary district. Judgment in a civil action brought by 33 the sanitary district to recover or collect the charges 34 shall not operate as a release and waiver of the lien SB1881 Enrolled -6- LRB9111146MWgc 1 upon the real estate for the amount of the judgment. 2 Only satisfaction of the judgment or the filing of a 3 release or satisfaction of lien shall release the lien. 4 (e) The general superintendent may order a person to 5 cease the discharge of industrial waste upon a finding by the 6 general superintendent that the final order of the Board of 7 Commissioners entered after a hearing to show cause has been 8 violated. The general superintendent shall serve the person 9 with a copy of his or her order either by certified mail or 10 personally by serving the owner, officer, registered agent, 11 or individual designated by permit. The order of the general 12 superintendent shall also schedule an expedited hearing 13 before a hearing officer designated by the Board of 14 Commissioners for the purpose of determining whether the 15 company has violated the final order of the Board of 16 Commissioners. The Board of Commissioners shall adopt rules 17 of procedure governing expedited hearings. In no event shall 18 the hearing be conducted less than 7 days after receipt by 19 the person of the general superintendent's order. 20 At the conclusion of the expedited hearing, the hearing 21 officer shall prepare a report with his or her findings and 22 recommendations and transmit it to the Board of 23 Commissioners. If the Board of Commissioners, after 24 reviewing the findings and recommendations, and the record 25 produced at the hearings, determines that the person has 26 violated the Board of Commissioner's final order, the Board 27 of Commissioners may authorize the plugging of the sewer. 28 The general superintendent shall give not less than 10 days 29 written notice of the Board of Commissioner's order to the 30 owner, officer, registered agent, or individual designated by 31 permit, as well as the owner of record of the real estate and 32 other parties known to be affected, that the sewer will be 33 plugged.The Administrative Review Law, and the rules adopted34under that Law, shall govern all proceedings for the judicialSB1881 Enrolled -7- LRB9111146MWgc 1review of final orders of the Board of Commissioners issued2under this subsection.3 The foregoing provision for plugging a sewer shall be in 4 addition to and not in derogation of any other remedy, in law 5 or in equity, that the district may have to prevent violation 6 of its ordinances and orders of its Board of Commissioners. 7 (f) A violation of the final order of the Board of 8 Commissioners shall be considered a nuisance. If any person 9 discharges sewage, industrial wastes, or other wastes into 10 any waters contrary to the final order of the Board of 11 Commissioners, the sanitary district acting through the 12 general superintendent has the power to commence an action or 13 proceeding in the circuit court in and for the county in 14 which the sanitary district is located for the purpose of 15 having the discharge stopped either by mandamus or 16 injunction, or to remedy the violation in any manner provided 17 for in this Section. 18 The court shall specify a time, not exceeding 20 days 19 after the service of the copy of the complaint, in which the 20 party complained of must plead to the complaint, and in the 21 meantime, the party may be restrained. In case of default or 22 after pleading, the court shall immediately inquire into the 23 facts and circumstances of the case and enter an appropriate 24 judgment in respect to the matters complained of. Appeals 25 may be taken as in other civil cases. 26 (g) The sanitary district, acting through the general 27 superintendent, has the power to commence an action or 28 proceeding for mandamus or injunction in the circuit court 29 ordering a person to cease its discharge, when, in the 30 opinion of the general superintendent, the person's discharge 31 presents an imminent danger to the public health, welfare, or 32 safety, presents or may present an endangerment to the 33 environment, or threatens to interfere with the operation of 34 the sewerage system or a water reclamation plant under the SB1881 Enrolled -8- LRB9111146MWgc 1 jurisdiction of the sanitary district. The initiation of a 2 show cause hearing is not a prerequisite to the commencement 3 by the sanitary district of an action or proceeding for 4 mandamus or injunction in the circuit court. The court shall 5 specify a time, not exceeding 20 days after the service of a 6 copy of the petition, in which the party complained of must 7 answer the petition, and in the meantime, the party may be 8 restrained. In case of default in answer or after answer, 9 the court shall immediately inquire into the facts and 10 circumstances of the case and enter an appropriate judgment 11 order in respect to the matters complained of. An appeal may 12 be taken from the final judgment in the same manner and with 13 the same effect as appeals are taken from judgment of the 14 circuit court in other actions for mandamus or injunction. 15 (h) Whenever the sanitary district commences an action 16 under subsection (f) of this Section, the court shall assess 17 a civil penalty of not less than $1,000 nor more than $10,000 18 for each day the person violates a Board order. Whenever the 19 sanitary district commences an action under subsection (g) of 20 this Section, the court shall assess a civil penalty of not 21 less than $1,000 nor more than $10,000 for each day the 22 person violates the ordinance. Each day's continuance of the 23 violation is a separate offense. The penalties provided in 24 this Section plus interest at the rate set forth in the 25 Interest Act on unpaid penalties, costs, and fees, imposed by 26 the Board of Commissioners under subsection (d), the 27 reasonable costs to the sanitary district of removal or other 28 remedial action caused by discharges in violation of this 29 Act, reasonable attorney's fees, court costs, and other 30 expenses of litigation together with costs for inspection, 31 sampling, analysis, and administration related to the 32 enforcement action against the offending party are 33 recoverable by the sanitary district in a civil action. 34 (i) The Board of Commissioners may establish fees for SB1881 Enrolled -9- LRB9111146MWgc 1 late filing of reports with the sanitary district required by 2 an ordinance governing discharges. The sanitary district 3 shall provide by certified mail a written notice of the fee 4 assessment that states the person has 30 days after the 5 receipt of the notice to request a conference with the 6 general superintendent's designee to discuss or dispute the 7 appropriateness of the assessed fee. Unless a person objects 8 to paying the fee for filing a report late by timely 9 requesting in writing a conference with a designee of the 10 general superintendent, that person waives his or her right 11 to a conference and the sanitary district may impose a lien 12 recorded against the property of the person for the amount of 13 the unpaid fee. 14 If a person requests a conference and the matter is not 15 resolved at the conference, the person subject to the fee may 16 request an administrative hearing before an impartial hearing 17 officer appointed under subsection (d) to determine the 18 person's liability for and the amount of the fee. 19 If the hearing officer finds that the late filing fees 20 are owed to the sanitary district, the sanitary district 21 shall notify the responsible person or persons of the hearing 22 officer's decision. If payment is not made within 30 days 23 after the notice, the sanitary district may impose a lien on 24 the property of the person or persons. 25 Any liens filed under this subsection shall apply only to 26 the property to which the late filing fees are related. A 27 claim for lien shall be filed in the office of the recorder 28 of the county in which the property is located. The filing 29 of a claim for lien by the district does not prevent the 30 sanitary district from pursuing other means for collecting 31 late filing fees. If a claim for lien is filed, the sanitary 32 district shall notify the person whose property is subject to 33 the lien, and the person may challenge the lien by filing an 34 action in the circuit court. The action shall be filed SB1881 Enrolled -10- LRB9111146MWgc 1 within 90 days after the person receives the notice of the 2 filing of the claim for lien. The court shall hear evidence 3 concerning the underlying reasons for the lien only if an 4 administrative hearing has not been held under this 5 subsection. 6 (j) If the provisions of any paragraph of this Section 7 are declared unconstitutional or invalid by the final 8 decision of any court of competent jurisdiction, the 9 provisions of the remaining paragraphs continue in effect. 10 (k) Nothing in this Section eliminates any of the powers 11 now granted to municipalities having a population of 500,000 12 or more as to design, preparation of plans, and construction, 13 maintenance, and operation of sewers and sewerage systems, or 14 for the control and elimination or prevention of the 15 pollution of their waters or waterways, in the Illinois 16 Municipal Code or any other Act of the State of Illinois. 17 (l) The provisions of the Administrative Review Law and 18 all amendments and rules adopted pursuant to that Law apply 19 to and govern all proceedings for the judicial review of 20 final administrative decisions of the Board of Commissioners 21 in the enforcement of any ordinance, rule, or regulation 22 adopted under this Act. 23 (Source: P.A. 90-354, eff. 8-8-97.) 24 (70 ILCS 2605/277 new) 25 Sec. 277. District enlarged. Upon the effective date of 26 this amendatory Act of the 91st General Assembly, the 27 corporate limits of the Metropolitan Water Reclamation 28 District are extended to include within those limits the 29 following described tracts of land that are annexed to the 30 District: 31 (a) SUBJECT PARCEL: 32 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33 35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD SB1881 Enrolled -11- LRB9111146MWgc 1 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, MORE 2 PARTICULARLY DESCRIBED AS: 3 ORIGINAL PARCEL 1: 4 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 5 35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD 6 PRINCIPAL MERIDIAN, LYING EASTERLY OF THE EASTERLY RIGHT 7 OF WAY LINE OF RELOCATED BARRINGTON ROAD, AS DEDICATED BY 8 DOCUMENT NUMBER 11234368, AND LYING SOUTH OF LOT 1 IN 9 ROSE PACKING COMPANY SUBDIVISION, BEING A SUBDIVISION OF 10 PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING 11 TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT 12 87172901; 13 -LESS AND EXCEPTING THEREFROM- 14 ANY PART THEREOF PREVIOUSLY CONVEYED IN FEE TO THE 15 ILLINOIS STATE TOLL HIGHWAY COMMISSION BY WARRANTY DEED 16 RECORDED AS DOCUMENT 16947360; 17 -LESS AND EXCEPTING THEREFROM- 18 THE FOLLOWING PART THEREOF TAKEN IN CASE NO 88L51441, 19 CIRCUIT COURT OF COOK COUNTY, DESCRIBED AS FOLLOWS: 20 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 21 OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 22 00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST 23 LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO THE POINT OF 24 BEGINNING, BEING ALSO A POINT IN THE NORTHERLY LINE OF A 25 PERPETUAL EASEMENT GRANTED TO THE ILLINOIS STATE TOLL 26 HIGHWAY COMMISSION PER CONVEYANCE RECORDED FEBRUARY 21, 27 1957, AS DOCUMENT 16831935; THENCE CONTINUING NORTH 00 28 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG SAID EAST LINE, 29 371.20 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID LOT 30 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE NORTH 88 31 DEGREES 30 MINUTES 52 SECONDS WEST, ALONG THE SOUTH LINE 32 OF SAID LOT 1, A DISTANCE OF 71.02 FEET; THENCE SOUTH 00 33 DEGREES 14 MINUTES 15 SECONDS WEST, 333.80 FEET TO A 34 POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT SB1881 Enrolled -12- LRB9111146MWgc 1 GRANTED TO ILLINOIS STATE TOLL HIGHWAY COMMISSION PER 2 CONVEYANCE RECORDED JULY 2, 1957, AS DOCUMENT 16947360; 3 THENCE SOUTH 57 DEGREES 45 MINUTES 35 SECONDS EAST, ALONG 4 SAID NORTHERLY LINE, 63.91 FEET TO AN INTERSECTION WITH 5 THE AFOREMENTIONED PERPETUAL EASEMENT LINE, EXTENDED 6 WESTERLY; THENCE SOUTH 72 DEGREES 56 MINUTES 57 SECONDS 7 EAST, ALONG SAID EXTENDED LINE, 17.55 FEET TO THE POINT 8 OF BEGINNING; 9 -TOGETHER WITH- 10 ORIGINAL PARCEL 2: 11 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 12 35, TOWNSHIP 42 NORTH, RANGE 9, AND, DESCRIBED AS 13 FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE 14 SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED 15 BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECOND EAST 16 ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO 17 A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT 18 GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER 19 CONVEYANCE RECORDED FEBRUARY 21, 1957 AS DOCUMENT NO. 20 16831935; THENCE NORTH 72 DEGREES 56 MINUTES 57 SECONDS 21 WEST ALONG SAID NORTHERLY LINE (EXTENDED WESTERLY) 17.55 22 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF A 23 PERPETUAL EASEMENT (SINCE RELEASED PER QUITCLAIM DEED 24 RECORDED APRIL 16, 1996 AS DOCUMENT # 96283771) GRANTED 25 TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER 26 CONVEYANCE RECORDED JULY 2, 1957 AS DOCUMENT NO. 27 16947360; THENCE NORTH 57 DEGREES 45 MINUTES 35 SECONDS 28 WEST ALONG SAID NORTHERLY LINE, 63.91 FEET TO THE POINT 29 OF BEGINNING; THENCE CONTINUING NORTH 57 DEGREES 45 30 MINUTES 35 SECONDS WEST ALONG SAID NORTHERLY LINE 387.69 31 FEET; THENCE CONTINUING NORTH 78 DEGREES 15 MINUTES 45 32 SECONDS WEST ALONG SAID NORTHERLY LINE 430.00 FEET TO THE 33 WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 34 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 SB1881 Enrolled -13- LRB9111146MWgc 1 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE 2 BEARS SOUTH 75 DEGREES 29 MINUTES 00 SECONDS EAST FROM 3 SAID POINT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND 4 SAID CURVE, 100.20 FEET THROUGH A CENTRAL ANGLE OF 03 5 DEGREES 40 MINUTES 29 SECONDS TO THE SOUTHERLY LINE OF 6 PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT 7 #16947360; THENCE SOUTH 78 DEGREES 07 MINUTES 48 SECONDS 8 EAST ALONG SAID SOUTHERLY LINE 192.00 FEET; THENCE 9 CONTINUING SOUTH 68 DEGREES 07 MINUTES 13 SECONDS EAST 10 ALONG SAID SOUTHERLY LINE 425.64 FEET; THENCE CONTINUING 11 SOUTH 57 DEGREES 38 MINUTES 13 SECONDS EAST ALONG SAID 12 SOUTHERLY LINE 222.02 FEET; THENCE NORTH 00 DEGREES 14 13 MINUTES 15 SECONDS EAST 120.40 FEET TO THE POINT OF 14 BEGINNING; 15 EXCEPTION FROM ORIGINAL PARCEL 1 AND ORIGINAL PARCEL 2 16 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 17 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS 18 FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE 19 SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED 20 BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, 21 ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO 22 THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY 23 SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST 24 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF 25 RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE 26 NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE 27 SOUTH LINE OF SAID LOT 1, 805.52 FEET TO THE WESTERLY 28 LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS 29 DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT 30 RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 31 AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD 32 BEARING SOUTH 13 DEGREES 47 MINUTES 57 SECONDS WEST) TO 33 THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 34 1957 AS DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 09 SB1881 Enrolled -14- LRB9111146MWgc 1 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40 2 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST 3 CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE 4 SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING 5 ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION 6 WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE 7 SOUTHEAST 1/4 OF SAID SECTION 35 TO A POINT OF BEGINNING 8 FOR THIS LEGAL DESCRIPTION; THENCE NORTH 00 DEGREES 14 9 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED 10 PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE 11 BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE 12 PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30 13 MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION 14 WITH THE WESTERLY LINE OF RELOCATED CENTRAL ROAD PER 15 CONDEMNATION CASE NO 88L51440; THENCE SOUTH 00 DEGREES 14 16 MINUTES 15 SECONDS WEST ALONG SAID LAST DESCRIBED 17 WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86 FEET TO 18 THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 19 1957 AS DOCUMENT #16947360; THENCE NORTH 57 DEGREES 37 20 MINUTES 56 SECONDS WEST ALONG SAID LAST DESCRIBED 21 SOUTHERLY LINE OF PERPETUAL EASEMENT, 164.14 FEET TO THE 22 POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 23 ALSO KNOWN AS: 24 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 25 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS 26 FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE 27 SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN ASSUMED 28 BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, 29 ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO 30 THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY 31 SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST 32 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF 33 RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE 34 NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE SB1881 Enrolled -15- LRB9111146MWgc 1 SOUTH LINE OF SAID LOT 1, A DISTANCE OF 71.02 FEET TO THE 2 POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE 3 NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST CONTINUING 4 ALONG THE SOUTH LINE OF SAID LOT 1, 734.50 FEET TO THE 5 WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 6 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 7 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY 8 LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, 9 CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 51 SECONDS 10 WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT 11 RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH 12 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID 13 SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 14 MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY 15 LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56 16 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 17 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH 18 THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35; 19 THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG 20 SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN 21 INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH 22 LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE 23 SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET 24 TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED 25 CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE 26 NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID 27 LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 28 72.44 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, 29 ILLINOIS. 30 (b) THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF 31 SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND 32 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER 33 OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN 34 ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS SB1881 Enrolled -16- LRB9111146MWgc 1 EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 2 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING 3 COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE 4 SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT 5 THEREOF RECORDED APRIL 1, 1987 AS DOCUMENT NUMBER 6 87172901; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS 7 WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52 FEET TO 8 THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 9 1957 AS DOCUMENT NUMBER 16947360, BEING ALSO A POINT ON A 10 1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID 11 WESTERLY LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 12 FEET, CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 51 13 SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT 14 RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE 15 SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID 16 SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 17 MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY 18 LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56 19 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 20 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH 21 THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35 TO 22 A POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE 23 NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID 24 LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN 25 INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH 26 LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE 27 SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET 28 TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED 29 CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE 30 SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG SAID 31 LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 32 381.86 FEET TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT 33 RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE 34 NORTH 57 DEGREES 37 MINUTES 56 SECONDS WEST ALONG SAID SB1881 Enrolled -17- LRB9111146MWgc 1 LAST DESCRIBED SOUTHERLY LINE OF PERPETUAL EASEMENT, 2 164.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, 3 ILLINOIS. 4 Section 5. The Sanitary District Act of 1936 is amended 5 by changing Section 1 as follows: 6 (70 ILCS 2805/1) (from Ch. 42, par. 412) 7 Sec. 1. Incorporation; referendum. 8 (a) Any area of contiguous territory within the limits 9 of a single county and without the limits of any city, 10 village or incorporated town may be incorporated as a 11 sanitary district under this Act in the manner provided in 12 this Section. Any 2 areas that (i) are not contiguous to each 13 other, but each of which is contiguous by itself, and (ii) 14 are less than 1 mile apart from each other, and (iii) are 15 within the limits of a single county and without the limits 16 of any city, village, or incorporated town may also be 17 incorporated as a sanitary district under this Act in the 18 manner provided for in this Section. 19 (b) Any 20% of the legal voters residing within the 20 limits of the proposed sanitary district may petition the 21 Circuit Court in the county in which the proposed district is 22 situated, to cause to be submitted to the legal voters of the 23 proposed sanitary district the question of whether the 24 proposed territory shall be organized as a sanitary district 25 under this Act. The petition shall be addressed to the 26 Circuit Court and shall contain a definite description of the 27 boundaries of the territory to be embraced in the district 28 and the name of the proposed sanitary district. 29 (c) Upon filing of the petition in the office of the 30 circuit clerk in the county in which the proposed sanitary 31 district is situated, the Circuit Court shall name 3 judges 32 of the court who shall constitute a board of commissioners, SB1881 Enrolled -18- LRB9111146MWgc 1 which shall have power and authority to consider the 2 boundaries of the proposed sanitary district and whether the 3 boundaries shall be as described in the petition or 4 otherwise. The decision of 2 of the commissioners shall be 5 conclusive and shall not be subject to review in any manner, 6 directly or indirectly. 7 (d) Notice shall be given by the Circuit Court of the 8 time and place where the commissioners will meet, by a 9 publication of notice at least 20 days prior to the meeting 10 in one or more daily or weekly newspapers published in the 11 proposed district or, if no such newspaper is published in 12 the proposed district, then by the posting of at least 5 13 copies of the notice in the proposed district at least 20 14 days before the hearing. 15 (e) At the meeting all persons who reside in the 16 proposed district shall have an opportunity to be heard and 17 to make suggestions regarding the location and boundary of 18 the proposed district. The commissioners, after hearing 19 statements, evidence and suggestions, shall fix and determine 20 the boundaries of the proposed district, and for that purpose 21 and to that extent they may alter and amend the petition. 22 After the determination by the commissioners, or a majority 23 of them, their determination shall be incorporated in an 24 order, which shall be entered of record in the Circuit Court. 25 (f) Upon the entering of the order, the Circuit Court 26 shall certify the question of the organization and 27 establishment of the proposed sanitary district, with the 28 boundaries as determined by the commissioners, to the 29 appropriate election authorities who shall submit the 30 question at an election in accordance with the general 31 election law. In addition to the requirements of the general 32 election law, notice shall specify briefly the purpose of the 33 election, with a description of the proposed sanitary 34 district. SB1881 Enrolled -19- LRB9111146MWgc 1 (g) Each legal voter resident within the proposed 2 sanitary district shall have the right to cast a ballot at 3 the referendum. The question shall be in substantially the 4 following form: 5 ------------------------------------------------------------- 6 For Sanitary District 7 ------------------------------------------------------------- 8 Against Sanitary District 9 ------------------------------------------------------------- 10 (h) The Circuit Court shall cause a statement of the 11 result of the referendum to be entered of record in the 12 Circuit Court. If a majority of the votes cast upon the 13 question of the organization and establishment of the 14 proposed sanitary district shall be in favor of the 15 organization and establishment of the proposed sanitary 16 district, the proposed sanitary district shall thenceforth be 17 deemed to have been incorporated and to be an organized 18 sanitary district under this Act. 19 (Source: P.A. 90-655, eff. 7-30-98.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.