093_HB2245

 
                                     LRB093 10871 MKM 11367 b

 1        AN ACT in relation to municipalities.

 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.  Dissolution of sanitary district.
 8        (a)  Any  sanitary  district created under this Act which
 9    does not have any outstanding and unpaid revenue bonds issued
10    under the provisions of this Act and which has  a  population
11    not  in  excess  of  5000  persons  and  where  that sanitary
12    district has entered into an intergovernmental agreement with
13    a municipality for the mutual expenditure of funds  in  joint
14    work  and  for  the transfer of assets under the Municipality
15    and Sanitary District Mutual Expenditure Act may be dissolved
16    as follows:
17        The board of trustees of a sanitary district may petition
18    the circuit court to dissolve the  district.   Such  petition
19    must  show:  (1) the reasons for dissolving the district; (2)
20    that there are no debts of the district outstanding  or  that
21    there  are  sufficient  funds on hand or available to satisfy
22    such debts; (3) that no contract or federal or  state  permit
23    or  grant will be impaired by the dissolution of the sanitary
24    district; (4) that all assets  and  responsibilities  of  the
25    sanitary   district   have  been  properly  assigned  to  the
26    successor municipality; and (5) that  the  sanitary  district
27    will  pay  any  court  costs  incurred in connection with the
28    petition.
29        Upon adequate notice, including appropriate notice to the
30    Illinois Environmental Protection Agency, the  circuit  court
31    shall  hold  a  hearing  to  determine  whether there is good
 
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 1    reason  for  dissolving  the   district   and   whether   the
 2    allegations of the petition are true.  If the court finds for
 3    the  petitioners it shall order the district dissolved but if
 4    the court finds against the petitioners the petition shall be
 5    dismissed.  In either event, the costs shall be taxed against
 6    the sanitary district.  The order shall be  final.   Separate
 7    or  joint appeals may be taken by any of the parties affected
 8    thereby or by the trustees of the sanitary  district,  as  in
 9    other civil cases.
10        (b)  Any   municipality   located  in  a  county  with  a
11    population not in excess of 1,000,000 persons  that  (i)  has
12    formed  a  sanitary district located wholly within the county
13    within which the municipality is located  and  (ii)  contains
14    within its municipal limits at least 90% of the area serviced
15    by  the  existing sanitary district has the power to dissolve
16    the district and acquire all assets and  responsibilities  of
17    the  district. The corporate authorities of the municipality,
18    after providing at least 60 days' prior written notice to the
19    sanitary district,  may  vote  to  dissolve  and  acquire  an
20    existing  sanitary  district formed pursuant to this Act upon
21    showing: (1)  the reasons for dissolving  the  district;  (2)
22    that  there  are no outstanding debts of the district or that
23    the municipality has sufficient funds on hand or available to
24    satisfy the debts; (3) that no federal  or  State  permit  or
25    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  district,  once  the  municipality   has
33    acquired  all  of  the  assets  and  responsibilities  of the
34    district. The sanitary district may file an appeal  with  the
 
                            -3-      LRB093 10871 MKM 11367 b
 1    circuit  court,  which  shall  hold  a  hearing  to determine
 2    whether the requirements of this Section have  been  met.  If
 3    the  court  finds that requirements of this Section have been
 4    met, it shall  uphold  the  action  of  the  municipality  to
 5    dissolve   the   district.   If  the  court  finds  that  the
 6    requirements have not been  met,  it  shall  order  that  the
 7    sanitary district not be dissolved.
 8    (Source: P.A. 88-572, eff. 8-11-94.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.