101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0090

 

Introduced 1/23/2019, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 605/10-7.3 new

    Amends the Illinois Drainage Code. Provides that if one or more municipalities account for at least 50% of a drainage district's territory, the drainage district may be dissolved if each municipality that has territory within the drainage district and the county in which the drainage district lies adopt a resolution or ordinance dissolving the district. Provides that the resolution or ordinance must state: that there are no outstanding debts of the district that have been filed with the county clerk; that federal or State permits or grants will not be impaired by dissolution of the district; and the date of dissolution of the district. Provides for transfer of powers and real property of the former drainage district to the municipalities and county. Provides that if the former district had levied a tax that is still effective on the date of dissolution, then the county in which the drainage district lies has the authority to continue to collect, receive, and expend the proceeds of the tax within the boundaries of the former drainage district and the proceeds shall be expended or disposed of by the county in the same manner as the proceeds may have been expended or disposed by the former drainage district. Provides that the county board shall, by ordinance or resolution, reduce or eliminate the tax levy under specified conditions. Provides that the county shall notify the Illinois Environmental Protection Agency of the dissolution of the district no later than 60 days after the date of dissolution of the district.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0090LRB101 07422 AWJ 52464 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Drainage Code is amended by adding
5Section 10-7.3 as follows:
 
6    (70 ILCS 605/10-7.3 new)
7    Sec. 10-7.3. Dissolution by resolution ordinance.
8    (a) In addition to the other methods of dissolution
9provided in this Article, if one or more municipalities account
10for at least 50% of a drainage district's territory, the
11drainage district may be dissolved if each municipality that
12has territory within the drainage district and the county in
13which the drainage district lies adopt a resolution or
14ordinance dissolving the drainage district that states:
15        (1) that there are no outstanding debts of the district
16    that have been filed with the county clerk;
17        (2) that federal or State permits or grants will not be
18    impaired by dissolution of the district; and
19        (3) the date of dissolution of the district.
20    (b) On the date of dissolution of the district, all drains,
21levees, and other works constituting the drainage system of the
22district and the rights-of-way, if any, on which the same are
23situated shall be deemed to be for the mutual benefit of the

 

 

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1lands formerly in the district as provided in Section 10-11.
2Additional powers of the former district, except those in
3Article V, shall be exercised by the respective municipalities
4where the various parts of the former district are located and
5by the county for any areas contained in the former district
6outside of municipalities. Any property owned by the former
7district becomes property of the county to be used for the
8benefit of the drainage system of the former district unless
9the county, by resolution, gives it to one or more of the
10municipalities that will be exercising the powers of the former
11district.
12    (c) If the former district had levied a tax that is still
13effective on the date of dissolution, then the county in which
14the drainage district lies has the authority to continue to
15collect, receive, and expend the proceeds of the tax within the
16boundaries of the former drainage district and the proceeds
17shall be expended or disposed of by the county in the same
18manner as the proceeds may have been expended or disposed by
19the former drainage district. No later than 60 days after the
20date of dissolution, the county board shall, by ordinance or
21resolution: (1) reduce the tax levy to an amount necessary to
22continue operation of the former drainage district's drainage
23structures and drainage system until the levy expires; or (2)
24eliminate the tax levy if the county board determines the
25municipality or municipalities and county have sufficient
26revenue to operate the drainage structures and drainage system

 

 

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1within each respective unit's boundaries.
2    (d) No later than 60 days after the date of dissolution of
3the district, the county shall notify the Illinois
4Environmental Protection Agency of the dissolution of the
5district.