HB5584 EngrossedLRB099 18820 MJP 43205 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 Sanitary District Act of 1917 is amended  by 
5changing 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 
8which does not
have any outstanding and unpaid revenue bonds 
9issued under the provisions of
this Act and which has a 
10population not in excess of 5000 persons
and where that 
11sanitary district has entered into an intergovernmental

12agreement with a municipality for the mutual expenditure of 
13funds in joint work
and for the transfer of assets under the 
14Municipality and Sanitary District
Mutual Expenditure Act may 
15be dissolved as follows:

16    The board of trustees of a sanitary district may petition 
17the circuit
court to dissolve the district.  Such petition must 
18show: (1) the reasons
for dissolving the district; (2) that 
19there are no debts of the district
outstanding or that there 
20are sufficient funds on hand or available to
satisfy such 
21debts; (3) that no contract or federal or state permit or
grant 
22will be impaired by the dissolution of the sanitary district; 
23(4)
that all assets and responsibilities of the sanitary 
 
 
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1district have been
properly assigned to the successor 
2municipality; and (5) that the sanitary
district will pay any 
3court costs incurred in connection with the petition.

4    Upon adequate notice, including appropriate notice to the 
5Illinois
Environmental Protection Agency, the circuit court 
6shall hold a hearing to
determine whether there is good reason 
7for dissolving the district and
whether the allegations of the 
8petition are true.  If the court finds for
the petitioners it 
9shall order the district dissolved but if the court
finds 
10against the petitioners the petition shall be dismissed.  In 
11either
event, the costs shall be taxed against the sanitary 
12district.  The order
shall be final.  Separate or joint appeals 
13may be taken by any of the
parties affected thereby or by the 
14trustees of the sanitary district, as in
other civil cases.

15    (b) The Village of Rockton has the power to dissolve and 
16acquire all of
the assets and responsibilities of a sanitary 
17district (i) that is located
wholly within
Winnebago County and 
18(ii) that
has 90% of its service area within the corporate 
19limits of the Village of
Rockton.
The corporate authorities of 
20the Village of Rockton, after providing at least
60
days' prior 
21written notice to the sanitary district, may vote to dissolve 
22and
acquire
the existing sanitary district formed pursuant to 
23this Act upon showing:
(1) the
reasons for dissolving the 
24district; (2) that there are no outstanding debts of
the 
25district or that the Village of Rockton has sufficient funds on 
26hand or
available
to satisfy any such debts; (3) that no 
 
 
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1federal or state permit or grant will be
impaired by 
2dissolution of the existing sanitary
district; (4) that the 
3Village of Rockton agrees to assume all assets and

4responsibilities of the sanitary district; and (5) that 
5adequate notice has
been
given to the
Illinois
Environmental 
6Protection Agency regarding the dissolution of the sanitary

7district.  Any costs associated with the dissolution of the 
8existing sanitary
district may be taxed against the sanitary 
9district once the Village of Rockton
has
acquired all the 
10assets and responsibilities of the district.
The sanitary

11district may file an appeal with the circuit court, which shall 
12hold a hearing,
to determine whether the requirements of this 
13section has been met.  If the
court finds that the requirements 
14of this section have been met, it shall
uphold the action of 
15the Village of Rockton to dissolve the district.  If the
court

16finds that said requirements have not been met, it shall order 
17that the
sanitary district not be dissolved.

18    (c) The Round Lake Sanitary District may dissolve itself 
19upon entering into an agreement with the County of Lake for the 
20County to acquire all of the assets and responsibilities of the 
21Round Lake Sanitary District. Upon dissolution of the District, 
22the statutory powers of the former District shall be exercised 
23by the county board of Lake County. Within 60 days after the 
24effective date of such dissolution and agreement, the County of 
25Lake shall notify the Illinois Environmental Protection Agency 
26regarding the dissolution of the Round Lake Sanitary District 
 
 
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1and the dissolution agreement.
2(Source: P.A. 93-567, eff. 8-20-03.)

 
3    Section 10. The Sanitary District Act of 1936 is amended  by 
4changing Section 33 as follows:
 



5    (70 ILCS 2805/33)  (from Ch. 42, par. 444)



6    Sec. 33. 
Any sanitary district created under this Act which 
7does not
have outstanding and unpaid any revenue bonds issued 
8under the
provisions of this Act may be dissolved as follows:

9    (a) Any 50 electors residing within the area of any 
10sanitary district may
file with the circuit clerk of the county 
11in which the area is situated,
a petition addressed to the 
12circuit court to cause submission of
the question whether
the 
13sanitary district shall be dissolved. Upon the filing of the

14petition with the clerk, the court shall certify the question 
15to the proper
election officials who shall submit the question 
16at an election in accordance
with the general election law,
and 
17give notice of the election in the manner provided by the

18general election law.

19    The question shall be in substantially
the following form:

20-------------------------------------------------------------

21    "Shall the sanitary                 YES

22district of.... be              -----------------------------

23dissolved"?                             NO

24-------------------------------------------------------------

 
 
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1    If a majority of the
votes cast on this question are in 
2favor of dissolution of the sanitary
district, then such 
3organization shall cease, and the sanitary district
is 
4dissolved, and the court shall direct the sanitary district to

5discharge all outstanding obligations.

6    (b) The County of Lake may dissolve the Fox Lake Hills 
7Sanitary District, thereby acquiring all of the District's 
8assets and responsibilities, upon adopting a resolution 
9stating: (1) the reasons for dissolving the District; (2) that 
10there are no outstanding debts of the District or that the 
11County has sufficient funds on hand or available to satisfy 
12such debts; (3) that no federal or State permit or grant will 
13be impaired by dissolution of the District; and (4) that the 
14County assumes all assets and responsibilities of the District. 
15Upon dissolution of the District, the statutory powers of the 
16former District shall be exercised by the county board of the 
17Lake County. Within 60 days after the effective date of such 
18resolution, the County of Lake shall notify the Illinois 
19Environmental Protection Agency regarding the dissolution of 
20the Fox Hills Sanitary District.
21(Source: P.A. 81-1489.)

 
 
22    Section 99. Effective date. This Act takes effect upon 
23becoming law.