(70 ILCS 3405/0.01) (from Ch. 42, par. 447.99)
Sec. 0.01.
Short title.
This Act may be cited as the
Surface Water Protection District Act.
(Source: P.A. 86-1324.)
|
(70 ILCS 3405/1) (from Ch. 42, par. 448)
Sec. 1.
It is declared as a matter of legislative determination that in
order to promote and protect the health, safety, welfare and convenience of
the public, it is necessary in the public interest to provide for the
creation of municipal corporations known as surface water protection
districts and to confer upon and vest in the surface water protection
districts all powers necessary or appropriate in order that they may engage
in the acquisition, establishment, maintenance and operation of ditches,
channels, flumes or similar waterways, trunk sewers, lateral sewers,
manholes, street inlets, roadway culverts, outlet structures, junction
chambers, pumping stations, retention basins, dams, levees, gate
structures, spillways, control works, or any other types of construction
necessary for the collection of surface waters within the district
boundaries, and the subsequent conveyance and disposal of such waters at
suitable points of discharge, and provide as nearly adequate protection
from property loss and damage to lives and property within the district as
possible; and that the powers herein conferred upon such surface water
protection districts are public objects and governmental functions in the
public interest.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/2) (from Ch. 42, par. 449)
Sec. 2.
Whenever any territory is (1) an area of contiguous territory in a
county, or in more than one, but in not more than two counties; (2) so
situated that the acquisition, establishment, maintenance and operation of
facilities, vehicles, apparatus and equipment for the prevention and
control of surface water damage therein will conduce to the promotion and
protection of the health, safety, welfare and convenience of the public;
(3) so situated that such territory contains no territory included in any
other surface water protection district; the same may be incorporated as a
surface water protection district in the manner provided in Sections 3 and
4 or in the manner provided in Section 4a.
(Source: Laws 1963, p. 2900.)
|
(70 ILCS 3405/3) (from Ch. 42, par. 450)
Sec. 3.
Fifty or more of the legal voters resident within the limits
of such proposed district, or a majority thereof if less than 100, may
petition the circuit court for the county which contains all or the
largest portion of the proposed district to cause the question to be
submitted to the legal voters of such proposed district, whether such
proposed territory shall be organized as a surface water protection
district under this Act. The petition shall be addressed to the court
and shall contain a general description of the boundaries of the
territory to be embraced in the proposed district, and the name of such
proposed district and shall allege facts in support of such organization
and incorporation. The description contained in the petition need not be
given by metes and bounds or by legal subdivisions but it shall be
sufficient if a generally accurate description is given of the territory
to be organized as a district.
Upon filing any such petition with the clerk of the court, the court
shall fix a time and place for a hearing upon the subject of the
petition.
Notice shall be given by the court to whom the petition is addressed,
or by the circuit clerk or sheriff of the county in which such petition
is made at the order and direction of the court, of the time and place
of the hearing upon the subject of the petition at least 20 days prior
thereto by one publication thereof in one or more daily or weekly papers
published within the proposed surface water protection district (or if
no daily or weekly newspaper is published within such proposed surface
water protection district, then either by one publication thereof in any
newspaper of general circulation within said territory or by posting at
least ten copies of such notice in such district at least 20 days before
such hearing in conspicuous places as far separated from each other as
consistently possible), and by mailing a copy of such notice to the
mayor or president of the board of trustees of all cities, villages and
incorporated towns within such proposed surface water protection
district.
At the hearing all persons residing in or owning property situated in
the proposed surface water protection district may appear and be heard
touching upon the sufficiency of the petition and the location and
boundaries of such proposed district and to make suggestions regarding
the same. If the court finds that the petition does not comply with the
provisions of this Act or that the allegations of the petition are not
true, the court shall dismiss the petition; but if the court finds that
the petition complies with the provisions of this Act and that the
allegations of the petition are true, the court shall fix and determine
the boundaries and limits of such proposed district and for that purpose
and to that extent may alter and amend the petition, and the same shall
be incorporated in an order which shall be entered of record in the
court. Upon the entering of such order the court shall
certify the question of organization and establishment of the proposed surface water
protection district to the proper election officials who shall submit the
question at an election in accordance with the general election law.
In addition to the requirements of the general election law, such notice
shall specify the purpose of such election with a
description of such proposed district.
Each legal voter resident within such proposed district shall have
the right to cast a ballot at such referendum. The question shall
be in substantially the following form:
For organization of....(name)Surface Water Protection District Against organization of....(name)Surface Water Protection District
(Source: P.A. 83-343.)
|
(70 ILCS 3405/4) (from Ch. 42, par. 451)
Sec. 4.
The court shall
cause a statement of the result of such referendum to be spread upon the
records of the court. If a majority of the votes cast
upon the question shall be in favor of the incorporation of the proposed
surface water protection district, such district shall thenceforth be an
organized surface water protection district under this Act. The court
shall enter an order accordingly and cause the same to be filed in
the records of the court and shall also cause to be sent to the circuit
clerk of any other county in which any portion of the district lies a
certified copy of the order organizing such district and a plat of the
same indicating what lands of the district lie in such other county.
(Source: P.A. 83-343.)
|
(70 ILCS 3405/4a) (from Ch. 42, par. 451a)
Sec. 4a.
A surface water protection district may be organized without an
election upon petition by all the owners of the land included in the
proposed district. Such petition shall be addressed to the same court as is
provided in Section 3 for petitions and shall, with respect to content,
comply with the provisions of Section 3, except that the prayer of the
petition shall be for the entry of an order organizing and incorporating
the territory described in the petition as a surface water protection
district, rather than that the question be submitted to the legal voters of
the proposed district.
A hearing upon the subject of the petition shall be fixed and notice
thereof given and the hearing held in the manner provided in Section 3.
If the court finds that the petition does not comply with the provisions
of this Act or that the allegations of the petition are not true, the court
shall dismiss the petition; but if the court finds that the petition
complies with the provisions of this Act and that the allegations of the
petition are true, the court shall enter an order defining and fixing the
boundaries of the district and organizing and incorporating it as a surface
water protection district. Such order shall be filed in
the records of
the court and a copy thereof sent to the appropriate clerk in any other
county in the same manner as is provided in Section 4 for orders entered
thereunder.
(Source: P.A. 83-343.)
|
(70 ILCS 3405/5) (from Ch. 42, par. 452)
Sec. 5.
All courts in this State shall take judicial notice of the existence of
all surface water protection districts organized under this Act and every
such district is a body corporate and as such may sue or be sued.
(Source: P.A. 77-958.)
|
(70 ILCS 3405/6) (from Ch. 42, par. 453)
Sec. 6.
Additional contiguous territory having the qualifications set forth
in Section 2 may be added to any surface water protection district as
provided for in this Act in the manner provided in Sections 7 and 8.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/7) (from Ch. 42, par. 454)
Sec. 7.
One per cent or more of the legal voters resident within the limits
of such proposed addition to a surface water protection district may
petition the circuit court for the county in which the original petition
for the formation of the surface water protection district was filed, to
cause the question to be submitted to the legal voters of such proposed
additional territory whether such proposed additional territory shall
become a part of the contiguous surface water protection district organized
under this Act and whether the voters of such additional territory shall
assume a proportionate share of the bonded indebtedness, if any, of such
district. Such petition shall be addressed to the court and shall contain a
definite description of the boundaries of the territory to be embraced in
the proposed addition and shall allege facts in support of such addition.
(Source: Laws 1967, p. 3826.)
|
(70 ILCS 3405/8) (from Ch. 42, par. 455)
Sec. 8.
Upon filing such petition in the office of the clerk of the
circuit court in which the original petition for the formation of such
surface water protection district was filed, the court shall fix a time
and place of a hearing upon the subject of said petition.
Notice shall be given by the court, or by the circuit clerk or
sheriff upon order of the court of the county in which such petition is
filed, of the time and place of a hearing upon the petition in the
manner as provided in Section 3. The conduct of the hearing and the referendum
on the question whether the
proposed additional territory shall become a part of the surface water
protection district, shall be carried out in the manner described in
Section 3, as nearly as may be and in accordance
with the general election law. The question shall be in substantially
the following form:
For joining the.... Surface WaterProtection District and assuming aproportionate share of bondedindebtedness, if any. Against joining the.... SurfaceWater Protection District and assuminga proportionate share of bondedindebtedness, if any.
If a majority of the votes cast at such election upon the question of
becoming a part of any contiguous surface water protection district
shall be in favor of becoming a part of such surface water protection
district, the court shall then enter an order stating that such
additional territory shall thenceforth be an integral part of such
surface water protection district and subject to all of the benefits of
service and responsibilities of the district. The circuit clerk shall
transmit a certified copy of the order to the circuit clerk of any other
county in which any of the territory affected is situated.
(Source: P.A. 81-1489.)
|
(70 ILCS 3405/9) (from Ch. 42, par. 456)
Sec. 9.
A board of trustees consisting of 5 members for the government and
control of the affairs and business of a surface water protection district
incorporated under this Act shall be appointed in the following manner:
(1) In case the territory of the district lies entirely within one
county, for the district shall be appointed by the presiding officer of the
county board with the advice and consent of the county board.
(2) In case the territory of the district lies within 2 or more counties,
the number of trustees who are residents of a county shall be in proportion, as nearly
as practicable, to the number of residents of the district who reside in that county
in relation to the total population of the district.
Upon the expiration of the term of a trustee who is in office on the
effective date of this amendatory Act, the successor shall be a resident of
whichever county is entitled to such representation in order to bring about
the proportional representation required herein, and he shall be appointed
by the county board of that county, or in the case of a home rule county as
defined in Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent of the county
board.
Thereafter, each trustee shall be succeeded by a resident of the same
county who shall be appointed by the same appointing authority; however, the
provisions of the preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the publication of
each decennial Federal census of population.
All trustees shall reside in the district. In the case of a district
organized under Section 4a, the trustees need not be residents of the
district until the circuit court of the judicial circuit in which the
greatest portion of the proposed district is located determines that the
petition proposing the district has complied with all of the provisions of
this Act and warrants the appointment of the trustees therefrom. Trustees
from districts created under Section 4a shall be appointed as provided
hereinbefore. Not more than 2 trustees shall be residents of any one city,
village or incorporated town in the district unless such city, village or
incorporated town contains more than 50% of the population in the district
as determined by the last preceding federal census.
Members of the original board shall hold office for terms of 1, 2, 3, 4
and 5 years from the first Monday in May next following their appointment
and until their successors have been appointed and qualified. The length of
term of the first trustees shall be determined by lot at their first
meeting and the board shall certify the determination to the authority
which made the appointments.
Successors shall be appointed by the appointing authority which
appointed the trustee whose term is expiring to serve for a term of 5 years
from the first Monday in May and until a successor is appointed and
qualified. Successor trustees shall be appointed on or before the second
Monday in April of the year in which a term expires.
Before entering upon the duties of office each trustee shall take and
subscribe to the constitutional oath of office and shall enter into bond
with security to be approved by the appointing authority of the county
from which he is appointed and
in the sum as the appointing authority may determine. Both oath and bond
shall be filed with the county clerk.
(Source: P.A. 79-855.)
|
(70 ILCS 3405/10) (from Ch. 42, par. 457)
Sec. 10.
A majority of the board of trustees shall constitute a quorum, but
a smaller number may adjourn from day to day. No trustee or employee of the
district shall be directly or indirectly interested financially in any
contract, work or business or the sale of any article, the expense, price,
or consideration for which is paid by said district; nor in the purchase of
any real estate or other property, belonging to the district, or which
shall be sold for taxes or assessments or by virtue of legal process at the
suit of the district. However nothing herein shall be construed as
prohibiting the appointment or selection of any person as a trustee or
employee whose only interest in the district is as an owner of real estate
in the district or of contributing to the payment of taxes levied by said
district. The trustees shall provide and adopt a corporate seal for the
district.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/11) (from Ch. 42, par. 458)
Sec. 11.
Whenever a vacancy in the board of trustees occurs, either by death,
resignation, refusal to qualify or for any other reason, the appointing
authority which made the original appointment shall fill the vacancy by
appointment, and the person so appointed shall qualify for office in the
manner hereinbefore stated and shall thereupon assume the duties of the
office for the balance of the unexpired term.
(Source: P.A. 77-682.)
|
(70 ILCS 3405/12) (from Ch. 42, par. 459)
Sec. 12.
The trustees appointed as provided by this Act shall constitute a
board of trustees for the district for which they are appointed, which
board of trustees is the corporate authority of the surface water
protection district and shall exercise all of the powers and control all
the affairs and property of such district. The board of trustees
immediately after their appointment and at their first meeting in May of
each year thereafter shall elect one of their number as president and one
of their number as secretary and shall elect a treasurer for the district,
who may be one of the trustees or be any other citizen of the district and
who shall hold office during the pleasure of the board and who shall give
such bond as may be required by the board. The board may prescribe the
duties and fix the compensation of all of the officers and employees of the
district. However, a member of the board of trustees shall in no case
receive a sum to exceed $250 per annum. The board of trustees shall have
full power to pass all necessary ordinances, rules and regulations for the
proper management and conduct of the business of the district for carrying
into effect the objects for which the district was formed.
(Source: Laws 1967, p. 2372.)
|
(70 ILCS 3405/13) (from Ch. 42, par. 460)
Sec. 13.
All ordinances imposing any penalty or making any appropriations
shall within one month after they are passed, be published at least once in
a newspaper published in the district, or if no such newspaper of general
circulation is published therein, by posting copies of the same in ten
public places in the district; and no such ordinance shall take effect
until 10 days after it is so published or posted, and all other ordinances
and resolutions shall take effect from and after their passage unless
otherwise provided therein.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/14) (from Ch. 42, par. 461)
Sec. 14.
All ordinances, orders, and resolutions and the date of
publication thereof, may be proven by the certificate of the secretary
under the seal of the corporation and when printed in book or pamphlet form
and purporting to be published by the board of trustees, such book or
pamphlet shall be received as competent evidence of the passage and legal
publication of such ordinances, orders and resolutions as of the dates
mentioned in such book or pamphlet, in all courts and places without
further proof.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/15) (from Ch. 42, par. 462)
Sec. 15.
In acquiring from any city, village or incorporated town or other
municipal corporation any surface water protection facilities, the surface
water protection district shall compensate the city, village or
incorporated town or other municipal corporation for the fair and
reasonable value of said facilities and if the value cannot be mutually
agreed upon, then the same shall be determined by a committee of three
engineers one appointed by the city, village or incorporated town or other
municipal corporation, one appointed by the district and the third
appointed by the two engineers selected as above described. A decision of a
majority of the committee shall be binding upon both parties and the cost
of the services of the committee shall be shared by both parties equally.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/16) (from Ch. 42, par. 463)
Sec. 16. The board of trustees of any surface water protection district has
the power: to adopt and enforce ordinances for the necessary protection
from surface water damage; to acquire real and personal property, rights of
way and privileges either within or without its corporate limits that may
be required for its corporate purposes; and to acquire or construct
structures necessary to exercise the powers herein conferred and to dispose
of such property and structures when no longer needed.
In acquiring any property, right of way or privilege therein, the board
of trustees may exercise the power of eminent domain in the manner provided
in the Eminent Domain Act.
When, in making any improvement, it is necessary to enter upon any
public property or property held for public use, the board of trustees may
acquire the necessary right of way over or through such property in the
manner herein provided for the acquisition of private property, but the
public use of such property shall not be unnecessarily interrupted or
interfered with and it shall be restored to its former usefulness as soon
as possible.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 3405/16.05) Sec. 16.05. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 3405/16.1) (from Ch. 42, par. 463.1)
Sec. 16.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
|
(70 ILCS 3405/17) (from Ch. 42, par. 464)
Sec. 17.
The board of trustees of any surface water protection district
incorporated under this Act has the power and it is its legal duty and obligation
to provide as nearly adequate protection from surface water damage for all
persons and property within the district as possible and to prescribe necessary
regulations for the prevention and control of surface water damage.
If in providing protection from surface water damage the flow of water
in any stream will be thereby increased or any change or improvement in
the course of any stream will be required, the board shall, before commencing
the project, submit proposed plans for the project to and receive approval
thereof by the Department of Transportation
in accordance with the provisions of "An Act in relation to the regulation
of the rivers, lakes and streams of the State of Illinois", approved June
10, 1911, as amended.
(Source: P.A. 81-840.)
|
(70 ILCS 3405/18) (from Ch. 42, par. 465)
Sec. 18.
In case any surface water protection district organized hereunder
is coterminous with or includes within its corporate limits any
pre-existing city, village or incorporated town authorized to provide
protection from surface water damage and to regulate the prevention and
control of surface water within such city, village or incorporated town and
to levy taxes for any such purposes, then such city, village or
incorporated town shall, within one year after it is included within the
district, cease to exercise any such powers as necessarily conflict with
the powers to be exercised by such district in respect to such surface
water protection and regulation within the surface water protection
district. Such city, village or incorporated town shall not thereafter own,
maintain, manage, control or have an interest in any surface water
protection facilities located within the corporate limits of the surface
water protection district, except curbs and gutters in streets and except
as otherwise provided in this Act. Where in any case any pre-existing
city, village or incorporated town owns and is in fact operating and
maintaining surface water protection facilities located within the
corporate limits of a surface water protection district organized under
this Act, such city, village or incorporated town shall be paid and
reimbursed for the reasonable value of any such existing facilities in the
manner provided for by this Act. The terms of payment shall provide for
reimbursement in full within not less than twenty years from the date of
such agreement.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/19) (from Ch. 42, par. 466)
Sec. 19.
Bonds.
Any surface water protection district may borrow money
for its corporate purposes and may issue bonds therefor, but shall not
become indebted in any manner, or for any purpose, in an amount
exceeding, in the aggregate, 5% of the valuation of
taxable property therein, to be ascertained by the last equalized
assessment for State and county taxes previous to the incurring of such
indebtedness. Whenever the board of trustees of the district
desires to issue bonds under this Section it shall,
except as otherwise provided in Section 20a, certify the question to
the proper election officials, who shall submit the question at an election
in accordance with the general election law. The result of the referendum
shall be entered upon the records of the district. If a majority of the votes
on the question are in favor of the issuance of bonds, the
board of trustees shall order and direct the execution of the bonds for
and on behalf of the district. All bonds issued hereunder shall mature
in not exceeding 20 annual installments. The ballots for elections held
under this Section shall be in substantially the following form:
Shall .... Surface Water YESProtection District issue bonds in the amount of .... dollars? NO
(Source: P.A. 90-655, eff. 7-30-98.)
|
(70 ILCS 3405/20) (from Ch. 42, par. 467)
Sec. 20.
At the time of or before incurring any indebtedness the board of
trustees shall provide for the collection of a direct annual tax sufficient
to pay the interest on such debt as it falls due, and also to pay and
discharge the principal thereof as the same shall fall due, and at least
within 20 years from the time of contracting same; such tax shall be in
addition to and in excess of all other taxes heretofore or hereafter
authorized to be levied by such district. A certified copy of the ordinance
adopted by the board of trustees authorizing the issuance of such bonds and
levying a tax to pay the same shall be filed in the office of the county
clerk of each of the counties wherein any of the territory of the district
is situated which certified copy shall constitute the authority for the
county clerk or clerks, in each case, to extend the taxes annually
necessary to pay the principal of and interest on such bonds as the same
mature.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/20a) (from Ch. 42, par. 467a)
Sec. 20a.
Any surface water protection district organized under Section
4a may borrow money for corporate purposes and issue bonds therefor
within the limits prescribed in Section 19 without submitting the
question of the issuance of such bonds to an election if all of the owners
of land included in the district consent to such action. All of the
requirements of Sections 19 and 20, except the requirement of an
election, shall apply to any such incurring of indebtedness and issuance of
bonds.
(Source: Laws 1963, p. 2900.)
|
(70 ILCS 3405/21) (from Ch. 42, par. 468)
Sec. 21.
The board of trustees may levy and collect other taxes for
all corporate purposes, including, without limiting the generality of
the foregoing, the payment of all obligations incurred in taking over
the surface water protection facilities of any city, village, or
incorporated town located within the boundaries of any such district,
exclusive of taxes to pay bonded indebtedness upon all the taxable
property within the territorial limits of such surface water protection
district, the aggregate amount of which shall not exceed .125% of the
value, as equalized or assessed by the Department of Revenue except as provided
in this Section.
If the board of trustees desires to levy such taxes at a rate in
excess of .125% but not in excess of .25% of the value of all taxable
property within the district as equalized or assessed by the Department
of Revenue, the board of trustees shall certify the question to the proper election officials
who shall submit the question at an election in accordance with the general election law.
The result of the referendum shall be
entered upon the records of the district. If a majority of the
votes on the proposition are in favor of the proposition, the board of
trustees may levy such taxes at a rate not to exceed .25% of the value
of all taxable property within the district, as equalized or assessed by
the Department of Revenue. The proposition shall be in substantially the following form:
Shall the maximum allowabletax rate for .... Surface Water YESProtection District be increasedto .25% of the value of all taxable property within the District asequalized or assessed by the NODepartment of Revenue?
In any surface water protection district organized under Section 4a,
the board of trustees may levy such taxes at a rate in excess of .125%
but not in excess of .25% of the value of all taxable property in the
district as equalized or assessed by the Department of Revenue without an
election provided such tax rate increase is
authorized by the owners of all the property within the district.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(70 ILCS 3405/22) (from Ch. 42, par. 469)
Sec. 22.
Whenever any property within a surface water protection district
does not have the territorial qualifications described in Section 2 of this
Act, is not benefited by such surface water protection district or would
receive greater benefit of service from another such district, any legal
voter within such district or the owner of such property may detach and
disconnect such property from the surface water protection district at any
time before the district has incurred any bonded indebtedness in the
following manner:
The owner of such property within such surface water protection district
or any legal voter within such district may file his petition, in the
circuit court for the county in which such district was organized, setting
forth therein the description of the property sought to be detached and
disconnected, a statement that the detachment and disconnection will not
cause the territory remaining in the district to be noncontiguous and
alleging facts in support of such detachment and disconnection and praying
that such property be detached and disconnected from such surface water
protection district. The petition shall be signed and sworn to by the
petitioner. Upon the filing of the petition, the court shall set the same
for hearing on a day not less than 2 weeks nor more than 4 weeks from the
filing thereof and shall give 2 weeks notice of such hearing in the manner
provided in Section 3 of this Act, and by mailing a copy of such notice
to the president and to the secretary of the board of trustees of the
district from which the detachment is sought. All property owners in such
district and all persons interested therein may file objections, and at the
hearing may appear and contest the detachment and disconnection of the
property from the surface water protection district, and both objectors and
petitioners may offer any competent evidence in regard thereto. If the
court upon hearing the petition shall find that the petition complies with
the provisions of this Act and that the allegations of the petition are
true or that the property of the petitioner is not benefited by the surface
water protection district or that such property would receive greater
benefit from another such district, the court shall enter an order detaching
and disconnecting such property from the district, and
thereupon the property shall cease to be a part of the surface water
protection district. The circuit clerk shall transmit a certified copy of
the order to the circuit clerk of any other county in which any of the
territory affected is situated.
(Source: P.A. 79-1365.)
|
(70 ILCS 3405/23) (from Ch. 42, par. 470)
Sec. 23.
Appeals from the orders and judgments
of the circuit court entered under this Act may be taken as in other civil cases.
(Source: P.A. 79-1365.)
|
(70 ILCS 3405/24) (from Ch. 42, par. 471)
Sec. 24.
If any section, paragraph, clause or provision of this Act is
held invalid, the invalidity of such section, paragraph, clause or
provision shall not affect any of the other sections, paragraphs, clauses
or provisions of this Act.
(Source: Laws 1953, p. 1510.)
|
(70 ILCS 3405/25) Sec. 25. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district. The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 98-1002, eff. 8-18-14.) |