Public Act 100-0874
 
SB2459 EnrolledLRB100 17368 AWJ 32533 b


  
    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.)