Illinois General Assembly - Full Text of SB1124
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Full Text of SB1124  93rd General Assembly

SB1124 93rd General Assembly


093_SB1124

 
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 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
 
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 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    (Source: P.A. 88-572, eff. 8-11-94.)

10    (b)   Any  municipality located in a county with a population
11    not in excess of 1,000,000 persons which has:  (i)  formed  a
12    sanitary district located wholly within said county; and (ii)
13    contains within its municipal limits 90% of the area serviced
14    by  the existing sanitary district; has the power to dissolve
15    said  sanitary  district   and   acquire   all   assets   and
16    responsibilities of the district.

17        The  corporate  authorities  of  the  municipality, after
18    providing at least 60  days  written  notice  to  a  sanitary
19    district,  may  vote  to  dissolve  and  acquire  an existing
20    sanitary district formed pursuant to this Act, upon  showing:
21    (1)  the  reasons for dissolving the district; (2) that there
22    are  no  outstanding  debts  of  the  district  or  that  the
23    municipality has sufficient funds on  hand  or  available  to
24    satisfy  any  such debts; (3) that no federal or state permit
25    or grant will be impaired  by  dissolution  of  the  existing
26    sanitary  district;  (4) that all assets and responsibilities
27    of  the  district  have  been  properly   assigned   to   the
28    municipality;  and (5) that adequate notice has been given to
29    the Illinois Environmental Protection  Agency  regarding  the
30    dissolution  of  the sanitary district.  Any costs associated
31    with the dissolution of the existing sanitary district may be
32    taxed against the sanitary district once the municipality has
33    acquired all the assets and responsibilities of the district.
 
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 1    Any costs associated with the  dissolution  of  the  existing
 2    sanitary  district may be taxed against the sanitary district
 3    once  the  municipality  has  acquired  all  the  assets  and
 4    responsibilities of the district.  The sanitary district  may
 5    file  an  appeal  with  the circuit court, which shall hold a
 6    hearing,  to  determine  whether  the  requirements  of  this
 7    section  has  been  met.   If  the  court  finds   that   the
 8    requirements  of  this section have been met, it shall uphold
 9    the action of the municipality to dissolve the district.   If
10    the  court finds that said requirements have not been met, it
11    shall order that the sanitary district not be dissolved.

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.