093_SB1124eng SB1124 Engrossed SRS093 00001 PLM 00001 b 1 AN ACT in relation to sanitary districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sanitary District Act of 1917 is amended 5 by changing Section 27 as follows: 6 (70 ILCS 2405/27) (from Ch. 42, par. 317i) 7 Sec. 27. (a) Any sanitary district created under this Act 8 which does not have any outstanding and unpaid revenue bonds 9 issued under the provisions of this Act and which has a 10 population not in excess of 5000 persons and where that 11 sanitary district has entered into an intergovernmental 12 agreement with a municipality for the mutual expenditure of 13 funds in joint work and for the transfer of assets under the 14 Municipality and Sanitary District Mutual Expenditure Act may 15 be dissolved as follows: 16 The board of trustees of a sanitary district may petition 17 the circuit court to dissolve the district. Such petition 18 must show: (1) the reasons for dissolving the district; (2) 19 that there are no debts of the district outstanding or that 20 there are sufficient funds on hand or available to satisfy 21 such debts; (3) that no contract or federal or state permit 22 or grant will be impaired by the dissolution of the sanitary 23 district; (4) that all assets and responsibilities of the 24 sanitary district have been properly assigned to the 25 successor municipality; and (5) that the sanitary district 26 will pay any court costs incurred in connection with the 27 petition. 28 Upon adequate notice, including appropriate notice to the 29 Illinois Environmental Protection Agency, the circuit court 30 shall hold a hearing to determine whether there is good 31 reason for dissolving the district and whether the SB1124 Engrossed -2- SRS093 00001 PLM 00001 b 1 allegations of the petition are true. If the court finds for 2 the petitioners it shall order the district dissolved but if 3 the court finds against the petitioners the petition shall be 4 dismissed. In either event, the costs shall be taxed against 5 the sanitary district. The order shall be final. Separate 6 or joint appeals may be taken by any of the parties affected 7 thereby or by the trustees of the sanitary district, as in 8 other civil cases. 9 (b) The Village of Rockton has the power to dissolve and 10 acquire all of the assets and responsibilities of a sanitary 11 district (i) that is located wholly within Winnebago County 12 and (ii) that has 90% of its service area within the 13 corporate limits of the Village of Rockton. The corporate 14 authorities of the Village of Rockton, after providing at 15 least 60 days' prior written notice to the sanitary district, 16 may vote to dissolve and acquire the existing sanitary 17 district formed pursuant to this Act upon showing: (1) the 18 reasons for dissolving the district; (2) that there are no 19 outstanding debts of the district or that the Village of 20 Rockton has sufficient funds on hand or available to satisfy 21 any such debts; (3) that no federal or state permit or grant 22 will be impaired by dissolution of the existing sanitary 23 district; (4) that all assets and responsibilities of the 24 district have been properly assigned to the Village of 25 Rockton; and (5) that adequate notice has been given to the 26 Illinois Environmental Protection Agency regarding the 27 dissolution of the sanitary district. Any costs associated 28 with the dissolution of the existing sanitary district may be 29 taxed against the sanitary district once the Village of 30 Rockton has acquired all the assets and responsibilities of 31 the district. The sanitary district may file an appeal with 32 the circuit court, which shall hold a hearing, to determine 33 whether the requirements of this section has been met. If 34 the court finds that the requirements of this section have SB1124 Engrossed -3- SRS093 00001 PLM 00001 b 1 been met, it shall uphold the action of the Village of 2 Rockton to dissolve the district. If the court finds that 3 said requirements have not been met, it shall order that the 4 sanitary district not be dissolved. 5 (Source: P.A. 88-572, eff. 8-11-94.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.