State of Illinois
91st General Assembly
Legislation

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91_SB0937eng

 
SB937 Engrossed                                SRS91S0034PMcb

 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Section 11-125-2.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Municipal Code is amended by
 6    changing Section 11-125-2 as follows:

 7        (65 ILCS 5/11-125-2) (from Ch. 24, par. 11-125-2)
 8        Sec.  11-125-2.  For  the  purpose  of  establishing   or
 9    supplying  waterworks  and  to  purchase, extend, improve and
10    operate waterworks, each city or village may  go  beyond  its
11    corporate limits and acquire and hold property by purchase or
12    otherwise,  and  also  may  take  and  condemn  all necessary
13    property therefor, in the manner provided for the  taking  or
14    damaging  of  private property for public uses, including any
15    land now used for highway  purposes  in  or  near  any  basin
16    proposed  to  be  flooded  by  the construction, extension or
17    improvement of any lake by any city or village of this state,
18    for water supply purposes, provided the highway is capable of
19    being rerouted, raised or otherwise revised and maintained in
20    use  and  that   the   city   or   village   requiring   such
21    reconstruction    shall    either   perform   the   necessary
22    reconstruction work or pay the full cost thereof to provide a
23    highway of equal value and usefulness to that existing before
24    such work is required,  or  provided  the  highway  has  been
25    vacated   by  order  of  the  highway  authorities  having  a
26    jurisdiction over said highway. The jurisdiction of the  city
27    or  village  to  prevent or punish any pollution or injury to
28    the stream or source of water, or to waterworks,  extends  20
29    miles   beyond  its  corporate  limits,  or  so  far  as  the
30    waterworks may extend.
 
SB937 Engrossed             -2-                SRS91S0034PMcb
 1        In addition, each city or village is authorized,  subject
 2    to  the  provisions  of Section 9-113 of the Illinois Highway
 3    Code, to construct, maintain,  alter  and  extend  its  water
 4    mains  as  a  proper  use  of highways along, upon, under and
 5    across any highway, street, alley or  public  ground  in  the
 6    State, but so as not to inconvenience the public use thereof,
 7    and  the  right  and authority are hereby granted to any such
 8    city or  village  to  construct,  maintain  and  operate  any
 9    conduit or conduits, water pipe or pipes, wholly or partially
10    buried or otherwise in, upon and along any of the lands owned
11    by  said  State  under  any  of  the  public  waters therein;
12    provided that the  right,  permission  and  authority  hereby
13    granted shall be subject to all public rights of commerce and
14    navigation  and  the authority of the United States in behalf
15    of such public rights, and also to the laws of the  State  of
16    Illinois to regulate and control the same.
17    (Source: Laws 1961, p. 576.)

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