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| Public Act 098-1161 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Local Mass Transit District Act is amended | ||||
by changing Section 9 as follows:
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(70 ILCS 3610/9) (from Ch. 111 2/3, par. 359)
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Sec. 9. Discontinuance. | ||||
(a) Whenever the Board of Trustees of any District shall
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determine that there is no longer a public need for its | ||||
transportation
services or that other adequate services are or | ||||
can be made available,
and that it should terminate its | ||||
existence and services, it may by
resolution so certify to the | ||||
participating municipalities and counties
which created it. If | ||||
the participating municipalities and counties
approve of such | ||||
discontinuance, they may by ordinance or resolution, as
the | ||||
case may be, authorize the District to discontinue its services | ||||
and
wind up its affairs. A copy of such ordinance or resolution | ||||
or both,
shall be filed with the county or municipal clerk or | ||||
clerks and the
Secretary of State. After payment of all its | ||||
debts and settlement of all
obligations and claims, any funds | ||||
remaining after the sale and
disposition of its property shall | ||||
be disposed of by payment to the
treasurer of the county or | ||||
municipality which created it, or if created
by 2 or more | ||||
municipalities or counties, by payment to the several
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treasurers, first, to repay in whole or pro rata, funds | ||
advanced to the
authority, and the balance, if any, pro rata | ||
according to the length of
scheduled transportation route miles | ||
operated in the several
municipalities and unincorporated | ||
areas of the several counties during
the preceding calendar | ||
year.
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(b) Whenever the Board of Trustees of any District created | ||
under the provisions of Section 3.1 determines that there is no | ||
longer a public need for its existence or services, it may | ||
discontinue its existence by passing an ordinance or resolution | ||
stating that the District shall cease its existence on the date | ||
stated therein or, if no date is stated therein, on the date | ||
the ordinance or resolution was passed. A certified copy of the | ||
ordinance or resolution shall be filed with the Secretary of | ||
State and with the County Clerk of each county within the | ||
boundary of the District. The funds remaining after the payment | ||
of all debts and settlement of all obligations and claims shall | ||
be paid over on a pro rata basis based on area as follows: | ||
(1) to the Treasurer of each municipality that was in | ||
whole or in part within the boundary of the District; and | ||
(2) to the Treasurer of each county in which any | ||
unincorporated area of the county was within the boundary | ||
of the District. | ||
(c) Prior to the effective date of this amendatory Act of | ||
the 98th General Assembly, if the Board of Trustees of any | ||
District created under Section 3.1 of this Act passed an | ||
ordinance or resolution intended to effect a dissolution of its | ||
existence, the discontinuation of that District is confirmed as | ||
valid and effective on the date set forth in the ordinance or | ||
resolution or, if no date is stated therein, on the date the | ||
ordinance or resolution was passed. | ||
(Source: Laws 1959, p. 1635.)
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