Full Text of HB4884 94th General Assembly
HB4884 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4884
Introduced 1/19/2006, by Rep. George Scully, Jr. SYNOPSIS AS INTRODUCED: |
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70 ILCS 2405/23.5 |
from Ch. 42, par. 317e.5 |
70 ILCS 2405/23.7 |
from Ch. 42, par. 317e.7 |
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Amends the Sanitary District Act of 1917. In a Section that provides that a sanitary district may annex certain territory that is contiguous to it, strikes a provision stating that territory that is separated from the sanitary district by only a forest preserve district may be annexed to the sanitary district. Provides that any territory to be annexed to a sanitary district may be considered contiguous to the sanitary district notwithstanding that the territory is separated from the sanitary district by property that is owned by a forest preserve district, a public agency, or a not-for-profit corporation if the property does not require sanitary sewer service. Provides that the property owned by the forest preserve district, public agency, or not-for-profit corporation shall not be considered part of the sanitary district and shall not be subject to rights-of-way without the approval of the legal owner of the property. Effective immediately.
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A BILL FOR
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HB4884 |
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LRB094 16895 HLH 52174 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sanitary District Act of 1917 is amended by | 5 |
| changing Sections 23.5 and 23.7 as follows:
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| (70 ILCS 2405/23.5) (from Ch. 42, par. 317e.5)
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| Sec. 23.5. Any sanitary district may annex any territory | 8 |
| which is not
within the corporate limits of the sanitary | 9 |
| district but which is
contiguous to it and is served by the | 10 |
| sanitary district or by a
municipality with sanitary sewers | 11 |
| that are connected and served by the
sanitary district by the | 12 |
| passage of an ordinance to that effect by the
board of | 13 |
| trustees, describing the territory to be annexed. A copy of the
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| ordinance with an accurate map of the annexed territory, | 15 |
| certified as
correct by the clerk of the district shall be | 16 |
| filed with the county clerk
of the county in which the annexed | 17 |
| territory is located. For purposes of
this Act, a property is | 18 |
| served by a sanitary district if a sewer that is
part of the | 19 |
| sanitary district's sewer system, part of the sewer system of a
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| municipality that is connected to the sanitary district, or | 21 |
| part of any
other sewer system that connects to and is served | 22 |
| by the sanitary district
has been extended to, across, or along | 23 |
| the property, whether or not the
buildings on the property are | 24 |
| physically connected to the sewer.
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| Territory that is not contiguous to a sanitary district but | 26 |
| is separated
from the sanitary district by
only a forest | 27 |
| preserve district may be annexed to the sanitary district under
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| this Section. The territory
included within the forest preserve | 29 |
| district shall not be annexed to the
sanitary district and | 30 |
| shall not be
subject to rights-of-way for access or services | 31 |
| between the parts of the
sanitary district separated by the
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| forest preserve district without the approval of the governing |
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HB4884 |
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LRB094 16895 HLH 52174 b |
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| body of the
forest preserve district.
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| (Source: P.A. 90-697, eff. 8-7-98.)
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| (70 ILCS 2405/23.7) (from Ch. 42, par. 317e.7)
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| Sec. 23.7. For purposes of this Act, territory to be | 5 |
| organized as a
sanitary district shall be considered to be | 6 |
| contiguous territory, and territory
to be annexed to a sanitary | 7 |
| district shall be considered to be contiguous
to the sanitary | 8 |
| district notwithstanding that the territory to be so organized
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| is divided by ,
one or more railroad rights-of-ways, public
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| easements, or property owned by a public utility
or
that the | 11 |
| territory to be so annexed is separated from the sanitary | 12 |
| district
by ,
one or more railroad rights-of-ways, public | 13 |
| easements, or
property owned by a public utility , or property | 14 |
| owned by a forest preserve district or any public agency or | 15 |
| not-for-profit corporation, provided that the property does | 16 |
| not require sanitary sewer service . However, upon
such | 17 |
| organization or annexation, the area included within any such
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| right-of-way, public easement, or property owned by a public
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| utility , or property owned by a forest preserve district or | 20 |
| any public agency or not-for-profit corporation shall not be | 21 |
| considered a part of or
annexed to the sanitary district and | 22 |
| shall not be subject to rights-of-way for access or services | 23 |
| without the approval of the legal owner of the property .
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| (Source: P.A. 89-558, eff. 7-26-96.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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