Illinois General Assembly - Full Text of Public Act 093-0567
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Public Act 093-0567


 

Public Act 93-0567 of the 93rd General Assembly


Public Act 93-0567

SB1124 Enrolled                      SRS093 00001 PLM 00001 b

    AN ACT in relation to sanitary districts.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Sanitary District Act of 1917 is  amended
by changing Section 27 as follows:

    (70 ILCS 2405/27) (from Ch. 42, par. 317i)
    Sec. 27. (a) Any sanitary district created under this Act
which  does not have any outstanding and unpaid revenue bonds
issued under the provisions of  this  Act  and  which  has  a
population  not  in  excess  of  5000  persons and where that
sanitary  district  has  entered  into  an  intergovernmental
agreement with a municipality for the mutual  expenditure  of
funds  in joint work and for the transfer of assets under the
Municipality and Sanitary District Mutual Expenditure Act may
be dissolved as follows:
    The board of trustees of a sanitary district may petition
the circuit court to dissolve the  district.   Such  petition
must  show:  (1) the reasons for dissolving the district; (2)
that there are no debts of the district outstanding  or  that
there  are  sufficient  funds on hand or available to satisfy
such debts; (3) that no contract or federal or  state  permit
or  grant will be impaired by the dissolution of the sanitary
district; (4) that all assets  and  responsibilities  of  the
sanitary   district   have  been  properly  assigned  to  the
successor municipality; and (5) that  the  sanitary  district
will  pay  any  court  costs  incurred in connection with the
petition.
    Upon adequate notice, including appropriate notice to the
Illinois Environmental Protection Agency, the  circuit  court
shall  hold  a  hearing  to  determine  whether there is good
reason  for  dissolving  the   district   and   whether   the
allegations of the petition are true.  If the court finds for
the  petitioners it shall order the district dissolved but if
the court finds against the petitioners the petition shall be
dismissed.  In either event, the costs shall be taxed against
the sanitary district.  The order shall be  final.   Separate
or  joint appeals may be taken by any of the parties affected
thereby or by the trustees of the sanitary  district,  as  in
other civil cases.
    (b)  The Village of Rockton has the power to dissolve and
acquire  all of the assets and responsibilities of a sanitary
district (i) that is located wholly within  Winnebago  County
and  (ii)  that  has  90%  of  its  service  area  within the
corporate limits of the Village  of  Rockton.  The  corporate
authorities  of  the  Village  of Rockton, after providing at
least 60 days' prior written notice to the sanitary district,
may vote  to  dissolve  and  acquire  the  existing  sanitary
district  formed  pursuant  to this Act upon showing: (1) the
reasons for dissolving the district; (2) that  there  are  no
outstanding  debts  of  the  district  or that the Village of
Rockton has sufficient funds on hand or available to  satisfy
any  such debts; (3) that no federal or state permit or grant
will be impaired by  dissolution  of  the  existing  sanitary
district;  (4)  that  the Village of Rockton agrees to assume
all assets and responsibilities of the sanitary district; and
(5) that adequate notice  has  been  given  to  the  Illinois
Environmental  Protection Agency regarding the dissolution of
the  sanitary  district.   Any  costs  associated  with   the
dissolution  of  the  existing sanitary district may be taxed
against the sanitary district once the Village of Rockton has
acquired all the assets and responsibilities of the district.
The sanitary district may file an  appeal  with  the  circuit
court,  which  shall hold a hearing, to determine whether the
requirements of this section has  been  met.   If  the  court
finds that the requirements of this section have been met, it
shall uphold the action of the Village of Rockton to dissolve
the district.  If the court finds that said requirements have
not  been  met, it shall order that the sanitary district not
be dissolved.
(Source: P.A. 88-572, eff. 8-11-94.)

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

Effective Date: 8/20/2003