Full Text of SB2459 100th General Assembly
SB2459enr 100TH GENERAL ASSEMBLY |
| | SB2459 Enrolled | | LRB100 17368 AWJ 32533 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Drainage Code is amended by adding | 5 | | Section 10-7.2 as follows: | 6 | | (70 ILCS 605/10-7.2 new) | 7 | | Sec. 10-7.2. Seavey Drainage District; dissolution. In | 8 | | addition to the other methods of dissolution provided in this | 9 | | Article, the Lake County Board may dissolve the Seavey Drainage | 10 | | District by adopting a resolution that states: | 11 | | (1) that the district has not imposed a levy for at | 12 | | least 10 years; | 13 | | (2) that there are no outstanding debts of the district | 14 | | that have been filed with the county clerk of Lake County; | 15 | | (3) that federal or State permits or grants will not be | 16 | | impaired by dissolution of the district; | 17 | | (4) that the precise physical boundaries of the | 18 | | district have become indeterminate due to the passage of | 19 | | time; and | 20 | | (5) the date of dissolution of the district. | 21 | | On the date of dissolution of the district, all drains, | 22 | | levees, and other works constituting the drainage system of the | 23 | | district and the rights-of-way, if any, on which the same are |
| | | SB2459 Enrolled | - 2 - | LRB100 17368 AWJ 32533 b |
|
| 1 | | situated shall be deemed to be for the mutual benefit of the | 2 | | lands formerly in the district as provided in Section 10-11. | 3 | | Additional
powers of the former district, except those in | 4 | | Article V, shall be exercised by the respective municipalities | 5 | | where the various parts of the former district are located and | 6 | | by Lake County for any unincorporated areas contained in the | 7 | | former district. No later than 60 days after the date of | 8 | | dissolution of the district, Lake County shall notify the | 9 | | Illinois Environmental Protection Agency of the dissolution of | 10 | | the district. | 11 | | Dissolution of the Seavey Drainage District under this | 12 | | Section must take place no later than December 31, 2019.
| 13 | | Section 10. The Sanitary District Act of 1936 is amended by | 14 | | changing Sections 33 and 35 and by adding Section 33.1 as | 15 | | follows:
| 16 | | (70 ILCS 2805/33) (from Ch. 42, par. 444)
| 17 | | Sec. 33.
Except as provided in Section 33.1, any Any | 18 | | sanitary district created under this Act which does not
have | 19 | | outstanding and unpaid any revenue bonds issued under the
| 20 | | provisions of this Act may be dissolved as follows:
| 21 | | (a) Any 50 electors residing within the area of any | 22 | | sanitary district may
file with the circuit clerk of the county | 23 | | in which the area is situated,
a petition addressed to the | 24 | | circuit court to cause submission of
the question whether
the |
| | | SB2459 Enrolled | - 3 - | LRB100 17368 AWJ 32533 b |
|
| 1 | | sanitary district shall be dissolved. Upon the filing of the
| 2 | | petition with the clerk, the court shall certify the question | 3 | | to the proper
election officials who shall submit the question | 4 | | at an election in accordance
with the general election law,
and | 5 | | give notice of the election in the manner provided by the
| 6 | | general election law.
| 7 | | The question shall be in substantially
the following form:
| 8 | | -------------------------------------------------------------
| 9 | | "Shall the sanitary YES
| 10 | | district of .... be ----------------------------
| 11 | | dissolved?" NO
| 12 | | -------------------------------------------------------------
| 13 | | If a majority of the
votes cast on this question are in | 14 | | favor of dissolution of the sanitary
district, then such | 15 | | organization shall cease, and the sanitary district
is | 16 | | dissolved, and the court shall direct the sanitary district to
| 17 | | discharge all outstanding obligations.
| 18 | | (b) The County of Lake may dissolve the Fox Lake Hills | 19 | | Sanitary District, thereby acquiring all of the District's | 20 | | assets and responsibilities, upon adopting a resolution | 21 | | stating: (1) the reasons for dissolving the District; (2) that | 22 | | there are no outstanding debts of the District or that the | 23 | | County has sufficient funds on hand or available to satisfy | 24 | | such debts; (3) that no federal or State permit or grant will | 25 | | be impaired by dissolution of the District; and (4) that the | 26 | | County assumes all assets and responsibilities of the District. |
| | | SB2459 Enrolled | - 4 - | LRB100 17368 AWJ 32533 b |
|
| 1 | | Upon dissolution of the District, the statutory powers of the | 2 | | former District shall be exercised by the county board of the | 3 | | Lake County. Within 60 days after the effective date of such | 4 | | resolution, the County of Lake shall notify the Illinois | 5 | | Environmental Protection Agency regarding the dissolution of | 6 | | the Fox Hills Sanitary District. | 7 | | (Source: P.A. 99-783, eff. 8-12-16; 100-201, eff. 8-18-17.)
| 8 | | (70 ILCS 2805/33.1 new) | 9 | | Sec. 33.1. Dissolution of Lakes Region Sanitary District. | 10 | | The Lakes Region Sanitary District may dissolve itself upon | 11 | | entering into a dissolution agreement with Lake County for the | 12 | | county to acquire all of the assets and responsibilities of the | 13 | | district. Upon dissolution of the district, the statutory | 14 | | powers of the former district shall be exercised by the county | 15 | | board of Lake County. No later than 60 days after the effective | 16 | | date of the dissolution, Lake County shall notify the Illinois | 17 | | Environmental Protection Agency of the dissolution of the Lakes | 18 | | Region Sanitary District and provide a copy of the dissolution | 19 | | agreement to the Agency.
| 20 | | (70 ILCS 2805/35) (from Ch. 42, par. 446)
| 21 | | Sec. 35.
The dissolution of any sanitary district shall not | 22 | | affect the
obligation of any bonds issued or contracts entered | 23 | | into by such district,
nor invalidate the levy, extension or | 24 | | collection of any taxes or special
assessments upon the |
| | | SB2459 Enrolled | - 5 - | LRB100 17368 AWJ 32533 b |
|
| 1 | | property in the debtor district, but all such bonds
and | 2 | | contracts shall be discharged.
| 3 | | All money remaining after the business affairs of the | 4 | | sanitary district
have been closed up and all the debts and | 5 | | obligations of the sanitary
district have been paid, shall be | 6 | | paid to the school treasurer of the
school district in which | 7 | | the sanitary district was situated, not including
high school | 8 | | districts ; except that after the business affairs of the Lakes | 9 | | Region Sanitary District have been closed up and all the debts | 10 | | and obligations of the Lakes Region Sanitary District have been | 11 | | paid after dissolution under Section 33.1, all money remaining | 12 | | shall be paid to Lake County . When the district was situated in | 13 | | two or more such
school districts the money shall be divided | 14 | | between the districts, each
district to receive an amount based | 15 | | on the ratio of assessed valuation of
real estate of the | 16 | | district which was situated in the sanitary district to
the | 17 | | assessed valuation of the real estate of all school districts | 18 | | which
were situated in the sanitary district.
| 19 | | (Source: Laws 1957, p. 349.)
|
|