Public Act 101-0298
 
SB0090 EnrolledLRB101 07422 AWJ 52464 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
 
    Section 5. The Illinois Drainage Code is amended  by adding 
Section 10-7.3 as follows:
 
    (70 ILCS 605/10-7.3 new)
    Sec. 10-7.3. Dissolution by resolution or ordinance.
    (a)  In addition to the other methods of dissolution 
provided in this Article, if one or more municipalities account 
for at least 75% of a drainage district's territory, the 
drainage district may be dissolved if each municipality that 
has territory within the drainage district and the county in 
which the drainage district lies adopt a resolution or 
ordinance dissolving the drainage district that states:
        (1) that there are no outstanding debts of the district 
    that have been filed with the county clerk; and
        (2) that federal or State permits or grants will not be 
    impaired by dissolution of the district.
    (b) Upon adoption of the required resolutions or ordinances 
under subsection (a), the county shall file a petition for 
dissolution of the drainage district with the circuit court.  
The court shall set a time for an initial hearing on the 
petition for dissolution with written notice to be provided to 
all municipalities that have territory within the drainage 
district and to the commissioners of the drainage district.  If 
the court is satisfied after conducting the initial hearing 
that the conditions required for dissolution have been met, the 
court shall enter an order providing:
        (1) that the commissioners of the district shall file 
    within 60 days a final financial report of commissioners.  
    If a final financial report of commissioners is not timely 
    filed, the county shall file a verified statement 
    indicating the amount of any funds held by the county 
    treasurer belonging to the drainage district; and
        (2) that the commissioners of the district shall file a 
    report within 60 days to the court listing all property of 
    the district, both real and personal, including the title 
    to any drains, levees, rights-of-way, or other works upon 
    which the district's drainage system is located.  Should the 
    commissioners of the drainage district fail to file a 
    report listing all property, the county shall file its own 
    report based on information available to the county and 
    from public records.
    (c) After all reports have been filed, the court shall set 
a hearing to determine and enter requested transfer orders and 
enter an order dissolving the drainage district. 
    (d)   On the date of dissolution of the district, all drains, 
levees, and other works constituting the drainage system of the 
district and the rights-of-way, if any, on which the same are 
situated shall be deemed to be for the mutual benefit of the 
lands formerly in the district as provided in Section 10-11. 
Additional

powers of the former district, except those in 
Article V, shall be exercised by the respective municipalities 
where the various parts of the former district are located and 
by the county for any areas contained in the former district 
outside of municipalities. Any property owned by the former 
district becomes property of the county to be used for the 
benefit of the drainage system of the former district unless 
the county, by resolution, gives it to one or more of the 
municipalities that will be exercising the powers of the former 
district.
    (e)  If the former district had levied an assessment that is 
still effective on the date of dissolution, then the county and 
municipality in which the drainage district lies has the 
authority to continue to collect, receive, and expend the 
proceeds of the assessment within the boundaries of the former 
drainage district, in a proportionate share to the area of the 
dissolved drainage district contained within the county or 
municipality, and the proceeds shall be expended or disposed of 
by the county or municipality in the same manner as the 
proceeds may have been expended or disposed by the former 
drainage district. No later than 60 days after the date of 
dissolution, the county board or city council shall, by 
ordinance or resolution:
        (1) reduce the assessment to an amount necessary to 
    continue operation of the former drainage district's 
    drainage structures and drainage system until the levy 
    expires;  or
        (2) eliminate the assessment if the county board or 
    city council determines the municipality or municipalities 
    and county have sufficient revenue to operate the drainage 
    structures and drainage system within each respective 
    unit's boundaries. 
    (f)  No later than 60 days after the date of dissolution of 
the district, the county shall notify the Illinois 
Environmental Protection Agency of the dissolution of the 
district.
    (g) If (1) the former drainage district is located in a 
county with a county stormwater committee operating under 
Section 5-1062 of the Counties Code, (2) the municipalities 
accounting for at least 75% of the territory of the former 
drainage district agree that the county stormwater committee 
shall exercise the powers of the former drainage district 
within the municipalities and county for the drainage system of 
the former drainage district, and (3) delegation of authority 
to the county stormwater committee is included in the 
resolution or ordinance to dissolve the drainage district by 
each municipality and county accounting for at least 75% of the 
territory of the former drainage district, then the county 
shall have the authority to continue to levy the former 
drainage district assessment in the territory of the former 
drainage district to be used by the county stormwater committee 
for the benefit of the former drainage district's drainage 
system.  Funds from this levy shall be budgeted and appropriated 
separate from the county stormwater committee's other 
operations.  If resolutions or ordinances are adopted as 
provided in this subsection, the former drainage district levy 
shall not expire and, if extended, the county shall not exceed 
the rate of the last assessment of the former drainage 
district.
    (h) This Section only applies to drainage districts: (1) 
wholly or partially contained within the Lake Michigan 
Watershed, Chicago/Calumet Watershed, Des Plaines River 
Watershed, or Fox River Watershed; and (2) wholly contained 
within a county with a stormwater management planning committee 
operating under Section 5-1062 of the Counties Code.