SB1124enr 93rd General Assembly


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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        (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 the Village of Rockton  agrees  to  assume
24    all assets and responsibilities of the sanitary district; and
25    (5)  that  adequate  notice  has  been  given to the Illinois
26    Environmental Protection Agency regarding the dissolution  of
27    the   sanitary  district.   Any  costs  associated  with  the
28    dissolution of the existing sanitary district  may  be  taxed
29    against the sanitary district once the Village of Rockton has
30    acquired all the assets and responsibilities of the district.
31    The  sanitary  district  may  file an appeal with the circuit
32    court, which shall hold a hearing, to determine  whether  the
33    requirements  of  this  section  has  been met.  If the court
34    finds that the requirements of this section have been met, it
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 1    shall uphold the action of the Village of Rockton to dissolve
 2    the district.  If the court finds that said requirements have
 3    not been met, it shall order that the sanitary  district  not
 4    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.