55 ILCS 5/5-15006
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (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.)