Full Text of HB5584 99th General Assembly
HB5584enr 99TH GENERAL ASSEMBLY |
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| 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 Sanitary District Act of 1917 is amended by | 5 | | 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 must | 18 | | show: (1) the reasons
for dissolving the district; (2) that | 19 | | there are no debts of the district
outstanding or that there | 20 | | are sufficient funds on hand or available to
satisfy such | 21 | | debts; (3) that no contract or federal or state permit or
grant | 22 | | will be impaired by the dissolution of the sanitary district; | 23 | | (4)
that all assets and responsibilities of the sanitary |
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| 1 | | district have been
properly assigned to the successor | 2 | | municipality; and (5) that the sanitary
district will pay any | 3 | | court costs incurred in connection with the petition.
| 4 | | Upon adequate notice, including appropriate notice to the | 5 | | Illinois
Environmental Protection Agency, the circuit court | 6 | | shall hold a hearing to
determine whether there is good reason | 7 | | for dissolving the district and
whether the allegations of the | 8 | | petition are true. If the court finds for
the petitioners it | 9 | | shall order the district dissolved but if the court
finds | 10 | | against the petitioners the petition shall be dismissed. In | 11 | | either
event, the costs shall be taxed against the sanitary | 12 | | district. The order
shall be final. Separate or joint appeals | 13 | | may be taken by any of the
parties affected thereby or by the | 14 | | trustees of the sanitary district, as in
other civil cases.
| 15 | | (b) The Village of Rockton has the power to dissolve and | 16 | | acquire all of
the assets and responsibilities of a sanitary | 17 | | district (i) that is located
wholly within
Winnebago County and | 18 | | (ii) that
has 90% of its service area within the corporate | 19 | | limits of the Village of
Rockton.
The corporate authorities of | 20 | | the Village of Rockton, after providing at least
60
days' prior | 21 | | written notice to the sanitary district, may vote to dissolve | 22 | | and
acquire
the existing sanitary district formed pursuant to | 23 | | this Act upon showing:
(1) the
reasons for dissolving the | 24 | | district; (2) that there are no outstanding debts of
the | 25 | | district or that the Village of Rockton has sufficient funds on | 26 | | hand or
available
to satisfy any such debts; (3) that no |
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| 1 | | federal or state permit or grant will be
impaired by | 2 | | dissolution of the existing sanitary
district; (4) that the | 3 | | Village of Rockton agrees to assume all assets and
| 4 | | responsibilities of the sanitary district; and (5) that | 5 | | adequate notice has
been
given to the
Illinois
Environmental | 6 | | Protection Agency regarding the dissolution of the sanitary
| 7 | | district. Any costs associated with the dissolution of the | 8 | | existing sanitary
district may be taxed against the sanitary | 9 | | district once the Village of Rockton
has
acquired all the | 10 | | assets and responsibilities of the district.
The sanitary
| 11 | | district may file an appeal with the circuit court, which shall | 12 | | hold a hearing,
to determine whether the requirements of this | 13 | | section has been met. If the
court finds that the requirements | 14 | | of this section have been met, it shall
uphold the action of | 15 | | the Village of Rockton to dissolve the district. If the
court
| 16 | | finds that said requirements have not been met, it shall order | 17 | | that the
sanitary district not be dissolved.
| 18 | | (c) The Round Lake Sanitary District may dissolve itself | 19 | | upon entering into an agreement with the County of Lake for the | 20 | | County to acquire all of the assets and responsibilities of the | 21 | | Round Lake Sanitary District. Upon dissolution of the District, | 22 | | the statutory powers of the former District shall be exercised | 23 | | by the county board of Lake County. Within 60 days after the | 24 | | effective date of such dissolution and agreement, the County of | 25 | | Lake shall notify the Illinois Environmental Protection Agency | 26 | | regarding the dissolution of the Round Lake Sanitary District |
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| 1 | | and 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 | 4 | | changing 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 | 7 | | does not
have outstanding and unpaid any revenue bonds issued | 8 | | under the
provisions of this Act may be dissolved as follows:
| 9 | | (a) Any 50 electors residing within the area of any | 10 | | sanitary district may
file with the circuit clerk of the county | 11 | | in which the area is situated,
a petition addressed to the | 12 | | circuit court to cause submission of
the question whether
the | 13 | | sanitary district shall be dissolved. Upon the filing of the
| 14 | | petition with the clerk, the court shall certify the question | 15 | | to the proper
election officials who shall submit the question | 16 | | at an election in accordance
with the general election law,
and | 17 | | give notice of the election in the manner provided by the
| 18 | | general election law.
| 19 | | The question shall be in substantially
the following form:
| 20 | | -------------------------------------------------------------
| 21 | | "Shall the sanitary YES
| 22 | | district of.... be -----------------------------
| 23 | | dissolved"? NO
| 24 | | -------------------------------------------------------------
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| 1 | | If a majority of the
votes cast on this question are in | 2 | | favor of dissolution of the sanitary
district, then such | 3 | | organization shall cease, and the sanitary district
is | 4 | | dissolved, and the court shall direct the sanitary district to
| 5 | | discharge all outstanding obligations.
| 6 | | (b) The County of Lake may dissolve the Fox Lake Hills | 7 | | Sanitary District, thereby acquiring all of the District's | 8 | | assets and responsibilities, upon adopting a resolution | 9 | | stating: (1) the reasons for dissolving the District; (2) that | 10 | | there are no outstanding debts of the District or that the | 11 | | County has sufficient funds on hand or available to satisfy | 12 | | such debts; (3) that no federal or State permit or grant will | 13 | | be impaired by dissolution of the District; and (4) that the | 14 | | County assumes all assets and responsibilities of the District. | 15 | | Upon dissolution of the District, the statutory powers of the | 16 | | former District shall be exercised by the county board of the | 17 | | Lake County. Within 60 days after the effective date of such | 18 | | resolution, the County of Lake shall notify the Illinois | 19 | | Environmental Protection Agency regarding the dissolution of | 20 | | the Fox Hills Sanitary District. | 21 | | (Source: P.A. 81-1489 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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