|
district have been
properly assigned to the successor |
municipality; and (5) that the sanitary
district will pay any |
court costs incurred in connection with the petition.
|
Upon adequate notice, including appropriate notice to the |
Illinois
Environmental Protection Agency, the circuit court |
shall hold a hearing to
determine whether there is good reason |
for dissolving the district and
whether the allegations of the |
petition are true. If the court finds for
the petitioners it |
shall order the district dissolved but if the court
finds |
against the petitioners the petition shall be dismissed. In |
either
event, the costs shall be taxed against the sanitary |
district. The order
shall be final. Separate or joint appeals |
may be taken by any of the
parties affected thereby or by the |
trustees of the sanitary district, as in
other civil cases.
|
(b) The Village of Rockton has the power to dissolve and |
acquire all of
the assets and responsibilities of a sanitary |
district (i) that is located
wholly within
Winnebago County and |
(ii) that
has 90% of its service area within the corporate |
limits of the Village of
Rockton.
The corporate authorities of |
the Village of Rockton, after providing at least
60
days' prior |
written notice to the sanitary district, may vote to dissolve |
and
acquire
the existing sanitary district formed pursuant to |
this Act upon showing:
(1) the
reasons for dissolving the |
district; (2) that there are no outstanding debts of
the |
district or that the Village of Rockton has sufficient funds on |
hand or
available
to satisfy any such debts; (3) that no |
|
federal or state permit or grant will be
impaired by |
dissolution of the existing sanitary
district; (4) that the |
Village of Rockton agrees to assume all assets and
|
responsibilities of the sanitary district; and (5) that |
adequate notice has
been
given to the
Illinois
Environmental |
Protection Agency regarding the dissolution of the sanitary
|
district. Any costs associated with the dissolution of the |
existing sanitary
district may be taxed against the sanitary |
district once the Village of Rockton
has
acquired all the |
assets and responsibilities of the district.
The sanitary
|
district may file an appeal with the circuit court, which shall |
hold a hearing,
to determine whether the requirements of this |
section has been met. If the
court finds that the requirements |
of this section have been met, it shall
uphold the action of |
the Village of Rockton to dissolve the district. If the
court
|
finds that said requirements have not been met, it shall order |
that the
sanitary district not be dissolved.
|
(c) The Round Lake Sanitary District may dissolve itself |
upon entering into an agreement with the County of Lake for the |
County to acquire all of the assets and responsibilities of the |
Round Lake Sanitary District. Upon dissolution of the District, |
the statutory powers of the former District shall be exercised |
by the county board of Lake County. Within 60 days after the |
effective date of such dissolution and agreement, the County of |
Lake shall notify the Illinois Environmental Protection Agency |
regarding the dissolution of the Round Lake Sanitary District |
|
and the dissolution agreement. |
(Source: P.A. 93-567, eff. 8-20-03.)
|
Section 10. The Sanitary District Act of 1936 is amended by |
changing Section 33 as follows:
|
(70 ILCS 2805/33) (from Ch. 42, par. 444)
|
Sec. 33.
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. 81-1489.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|