Public Act 0874 100TH GENERAL ASSEMBLY

SB2459 Enrolled LRB100 17368 AWJ 32533 b

Public Act 100-0874

AN ACT concerning local government.

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

Section 5. The Illinois Drainage Code is amended by adding Section 10-7.2 as follows:

(70 ILCS 605/10-7.2 new)

Sec. 10-7.2. Seavey Drainage District; dissolution. In addition to the other methods of dissolution provided in this Article, the Lake County Board may dissolve the Seavey Drainage District by adopting a resolution that states:

(1) that the district has not imposed a levy for at least 10 years;

(2) that there are no outstanding debts of the district that have been filed with the county clerk of Lake County;

(3) that federal or State permits or grants will not be impaired by dissolution of the district;

(4) that the precise physical boundaries of the district have become indeterminate due to the passage of time; and

(5) the date of dissolution of the district.

On the date of dissolution of the district, all drains, levees, and other works constituting the drainage system of the district and the rights-of-way, if any, on which the same are situated shall be deemed to be for the mutual benefit of the lands formerly in the district as provided in Section 10-11. Additional powers of the former district, except those in Article V, shall be exercised by the respective municipalities where the various parts of the former district are located and by Lake County for any unincorporated areas contained in the former district. No later than 60 days after the date of dissolution of the district, Lake County shall notify the Illinois Environmental Protection Agency of the dissolution of the district.

Dissolution of the Seavey Drainage District under this Section must take place no later than December 31, 2019.

Section 10. The Sanitary District Act of 1936 is amended by changing Sections 33 and 35 and by adding Section 33.1 as follows:

(70 ILCS 2805/33) (from Ch. 42, par. 444)

Sec. 33. Except as provided in Section 33.1, any Any sanitary district created under this Act which does not have outstanding and unpaid any revenue bonds issued under the provisions of this Act may be dissolved as follows:

(a) Any 50 electors residing within the area of any sanitary district may file with the circuit clerk of the county in which the area is situated, a petition addressed to the circuit court to cause submission of the question whether the sanitary district shall be dissolved. Upon the filing of the petition with the clerk, the court shall certify the question to the proper election officials who shall submit the question at an election in accordance with the general election law, and give notice of the election in the manner provided by the general election law.

The question shall be in substantially the following form:

-------------------------------------------------------------

"Shall the sanitary YES district of .... be ----------------------------

dissolved?" NO

-------------------------------------------------------------

If a majority of the votes cast on this question are in favor of dissolution of the sanitary district, then such organization shall cease, and the sanitary district is dissolved, and the court shall direct the sanitary district to discharge all outstanding obligations.

(b) The County of Lake may dissolve the Fox Lake Hills Sanitary District, thereby acquiring all of the District's assets and responsibilities, upon adopting a resolution stating: (1) the reasons for dissolving the District; (2) that there are no outstanding debts of the District or that the County has sufficient funds on hand or available to satisfy such debts; (3) that no federal or State permit or grant will be impaired by dissolution of the District; and (4) that the County assumes all assets and responsibilities of the District. Upon dissolution of the District, the statutory powers of the former District shall be exercised by the county board of the Lake County. Within 60 days after the effective date of such resolution, the County of Lake shall notify the Illinois Environmental Protection Agency regarding the dissolution of the Fox Hills Sanitary District.

(Source: P.A. 99-783, eff. 8-12-16; 100-201, eff. 8-18-17.)

(70 ILCS 2805/33.1 new)

Sec. 33.1. Dissolution of Lakes Region Sanitary District. The Lakes Region Sanitary District may dissolve itself upon entering into a dissolution agreement with Lake County for the county to acquire all of the assets and responsibilities of the district. Upon dissolution of the district, the statutory powers of the former district shall be exercised by the county board of Lake County. No later than 60 days after the effective date of the dissolution, Lake County shall notify the Illinois Environmental Protection Agency of the dissolution of the Lakes Region Sanitary District and provide a copy of the dissolution agreement to the Agency.

(70 ILCS 2805/35) (from Ch. 42, par. 446)

Sec. 35. The dissolution of any sanitary district shall not affect the obligation of any bonds issued or contracts entered into by such district, nor invalidate the levy, extension or collection of any taxes or special assessments upon the property in the debtor district, but all such bonds and contracts shall be discharged.

All money remaining after the business affairs of the sanitary district have been closed up and all the debts and obligations of the sanitary district have been paid, shall be paid to the school treasurer of the school district in which the sanitary district was situated, not including high school districts; except that after the business affairs of the Lakes Region Sanitary District have been closed up and all the debts and obligations of the Lakes Region Sanitary District have been paid after dissolution under Section 33.1, all money remaining shall be paid to Lake County. When the district was situated in two or more such school districts the money shall be divided between the districts, each district to receive an amount based on the ratio of assessed valuation of real estate of the district which was situated in the sanitary district to the assessed valuation of the real estate of all school districts which were situated in the sanitary district.

(Source: Laws 1957, p. 349.)

Effective Date: 1/1/2019