(55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
Sec. 5-15006.
Exercise of powers.
The powers
granted in this Division relative to waterworks systems
and sewerage systems shall be exercised only in
areas which do not have available similar services provided by another
governmental unit, unless requested by such governmental unit pursuant
to an ordinance or a resolution passed by its governing body. After such
ordinance or resolution has been adopted it shall be published at least
once in a newspaper having a general circulation in such governmental
unit. The publication of the ordinance or resolution shall be accompanied
by a notice of the (1) specific number of voters required to sign a petition
requesting the question of the exercise of such powers by the county within
such governmental unit to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the prospective
referendum. The clerk of the governmental unit shall provide a petition
form to any individual requesting one.
If no petition is filed with the clerk of such governmental unit, as
hereinafter provided in this section, within 15 days after the
publication of the ordinance or resolution, the ordinance or resolution
shall be in effect after the expiration of that 15-day period, but if
within that 15-day period a petition is filed with the clerk of the
governmental unit, signed by 300 legal voters or by one fifth of all the
legal voters residing within the limits of the governmental unit,
whichever is less, asking that the question of the exercise of such
powers by the county within such governmental unit, as provided in the
ordinance or resolution, be submitted to the legal voters of the
governmental unit, the governing body of the governmental unit, by
ordinance, shall provide for a referendum within such governmental unit
on the question of the exercise of such powers therein by the county.
The clerk shall certify the ordinance or resolution and the question to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law.
However, an incidental duplication of functions shall not impair or
prevent the primary exercise of the powers herein conferred.
Any county exercising the powers granted by this Division relative to waste
management, shall do so only after adopting a solid waste management
plan as that term is described in the Local Solid Waste Disposal Act, as
now or hereafter amended. All powers, other than those relative to water
works systems and sewerage systems granted by this Division, may be
exercised throughout the county, without exception; provided that a
municipality which is located in 2 or more counties, one of which is a home
rule county, may, by ordinance, sever itself from county jurisdiction
relative to waste management if the municipality is a member of a Municipal
Joint Action Agency formed prior to June 15, 1988 pursuant to Section 3.2
of the Intergovernmental Cooperation Act.
(Source: P.A. 86-962.)
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