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Public Act 094-0144
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| HB1395 Enrolled |
LRB094 10128 JAM 40389 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Intergovernmental Cooperation Act is |
amended by changing Section 3.6 as follows:
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(5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
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Sec. 3.6. (a) Any special district the boundaries of which |
are
exactly coterminous with, or entirely within, the |
boundaries of a township
in a county having less than 1,000,000 |
inhabitants may merge
into and
transfer all of its rights, |
powers, duties, liabilities and functions to
the township as |
provided in this Section notwithstanding any other provision
of |
the law.
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(b) "Special district" means any political subdivision |
other than a
county, municipality, township, school district or |
community college district.
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(c) By resolution or ordinance the special district may |
petition the
township for merger. Within 30 days after the |
adoption of such resolution
or ordinance, the special district |
shall file a copy of the petition with
the town clerk of the |
township and with the county clerk.
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(d) Within 60 days of the filing of the petition with the |
town clerk the
board of town trustees shall by ordinance either |
agree or refuse to agree
to the merger. Failure of the board of |
town trustees to adopt such an
ordinance within the 60 days |
shall constitute a refusal to agree to the merger.
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(e) After an ordinance is passed by the board of town |
trustees agreeing
to a merger, it shall be published once |
within 30 days after its passage in
one or more newspapers |
published in the township or, if no newspaper is
published |
therein, it shall be published in a newspaper published in the
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county in which such township is located and having general |
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circulation
within such township. If no newspaper is published |
in the county having
general circulation in the township, |
publication may be made instead by
posting copies of such |
ordinance in 10 public places within the township.
The |
publication or posting of the ordinance shall include a notice |
of (1) the
specific number of voters required to sign a |
petition requesting that the
question of the merger be |
submitted to the voters of the township; (2) the
time within |
which the petition must be filed; and (3) the date of the
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prospective referendum. The township clerk shall provide a |
petition form to
any individual requesting one. The ordinance |
shall not become effective
until 30 days after its publication |
or the date of such posting of such copies.
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Whenever a petition signed by the electors of the township |
equal in
number to 10% or more of the registered voters in the |
township is filed
with the board of town trustees thereof which |
has adopted an ordinance
agreeing to merger and such petition |
has been filed with the board of
town trustees within 30 days |
after the publication or the date of the
posting of the copies |
which petition seeks the submission of such merger to
an |
election, the board of town trustees shall certify the question |
to the
proper election officials who shall submit the question |
at an election in
accordance with the general election law.
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The proposition shall be substantially in the following |
form:
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Shall (name of special YES
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district) be merged into ----------------------------
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............. Township? NO
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If the boundaries of the township and special district are |
coterminous and a
majority of the voters voting on the question |
shall favor merger, the
special district shall merge into the |
township. If a majority of the
voters voting on the question |
shall not favor merger, the special district
shall not merge |
into the township. If the boundaries of the township and
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special district are not coterminous, then a majority of the |
voters voting
upon the question in the special district and a |
majority of the voters
voting in that portion of the township |
that is not included within the
special district must both |
favor the merger. If a majority of the voters
residing in the |
special district or a majority of the voters voting in that
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portion of the townships that is not included within the |
special district
do not favor the merger, the special district |
shall not merge into the
township.
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(f) The effective date of the merger shall be the first day |
of January
of the year immediately following the effective date |
of the ordinance or
the approval by the referendum as the case |
may be.
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(g) If the board of town trustees refuses to agree to the |
merger or if a
majority of the voters voting on the question |
shall not favor merger, then
the special district shall not |
file a petition for merger with the town
clerk within 3 years |
after such refusal to agree or referendum.
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(h) Upon the effective date of the merger the township |
shall assume and
succeed to all of the rights, powers, duties, |
liabilities and functions of
the special district, including |
assuming any indebtedness of the special
district, and the |
special district shall be dissolved and cease to exist as
a |
separate and distinct political subdivision. In connection |
with such
rights, powers, duties, liabilities and functions the |
township shall be
subject to, governed by and have the benefit |
of the statutes, as then or
thereafter amended, and laws |
affecting such a special district, including
without |
limitation the right to levy taxes in such amounts as allowed |
to
such a special district, but the right to levy taxes shall |
exist only
within the area formerly comprising such merged |
special district. Upon the
effective date of the merger all |
books, records, equipment, property and
personnel held by, in |
the custody of or employed by the special district
shall be |
transferred to the township. The transfer shall not affect the
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status or employment benefits of transferred personnel.
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