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| Public Act 094-0144 |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Intergovernmental Cooperation Act is | ||||
amended by changing Section 3.6 as follows:
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(5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
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Sec. 3.6. (a) Any special district the boundaries of which | ||||
are
exactly coterminous with, or entirely within, the | ||||
boundaries of a township
in a county having less than 1,000,000 | ||||
inhabitants may merge
into and
transfer all of its rights, | ||||
powers, duties, liabilities and functions to
the township as | ||||
provided in this Section notwithstanding any other provision
of | ||||
the law.
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(b) "Special district" means any political subdivision | ||||
other than a
county, municipality, township, school district or | ||||
community college district.
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(c) By resolution or ordinance the special district may | ||||
petition the
township for merger. Within 30 days after the | ||||
adoption of such resolution
or ordinance, the special district | ||||
shall file a copy of the petition with
the town clerk of the | ||||
township and with the county clerk.
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(d) Within 60 days of the filing of the petition with the | ||||
town clerk the
board of town trustees shall by ordinance either | ||||
agree or refuse to agree
to the merger. Failure of the board of | ||||
town trustees to adopt such an
ordinance within the 60 days | ||||
shall constitute a refusal to agree to the merger.
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(e) After an ordinance is passed by the board of town | ||||
trustees agreeing
to a merger, it shall be published once | ||||
within 30 days after its passage in
one or more newspapers | ||||
published in the township or, if no newspaper is
published | ||||
therein, it shall be published in a newspaper published in the
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county in which such township is located and having general | ||||
circulation
within such township. If no newspaper is published | ||
in the county having
general circulation in the township, | ||
publication may be made instead by
posting copies of such | ||
ordinance in 10 public places within the township.
The | ||
publication or posting of the ordinance shall include a notice | ||
of (1) the
specific number of voters required to sign a | ||
petition requesting that the
question of the merger be | ||
submitted to the voters of the township; (2) the
time within | ||
which the petition must be filed; and (3) the date of the
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prospective referendum. The township clerk shall provide a | ||
petition form to
any individual requesting one. The ordinance | ||
shall not become effective
until 30 days after its publication | ||
or the date of such posting of such copies.
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Whenever a petition signed by the electors of the township | ||
equal in
number to 10% or more of the registered voters in the | ||
township is filed
with the board of town trustees thereof which | ||
has adopted an ordinance
agreeing to merger and such petition | ||
has been filed with the board of
town trustees within 30 days | ||
after the publication or the date of the
posting of the copies | ||
which petition seeks the submission of such merger to
an | ||
election, the board of town 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.
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The proposition shall be substantially in the following | ||
form:
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Shall (name of special YES
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district) be merged into ----------------------------
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............. Township? NO
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If the boundaries of the township and special district are | ||
coterminous and a
majority of the voters voting on the question | ||
shall favor merger, the
special district shall merge into the | ||
township. If a majority of the
voters voting on the question | ||
shall not favor merger, the special district
shall not merge | ||
into the township. If the boundaries of the township and
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special district are not coterminous, then a majority of the | ||
voters voting
upon the question in the special district and a | ||
majority of the voters
voting in that portion of the township | ||
that is not included within the
special district must both | ||
favor the merger. If a majority of the voters
residing in the | ||
special district or a majority of the voters voting in that
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portion of the townships that is not included within the | ||
special district
do not favor the merger, the special district | ||
shall not merge into the
township.
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(f) The effective date of the merger shall be the first day | ||
of January
of the year immediately following the effective date | ||
of the ordinance or
the approval by the referendum as the case | ||
may be.
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(g) If the board of town trustees refuses to agree to the | ||
merger or if a
majority of the voters voting on the question | ||
shall not favor merger, then
the special district shall not | ||
file a petition for merger with the town
clerk within 3 years | ||
after such refusal to agree or referendum.
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(h) Upon the effective date of the merger the township | ||
shall assume and
succeed to all of the rights, powers, duties, | ||
liabilities and functions of
the special district, including | ||
assuming any indebtedness of the special
district, and the | ||
special district shall be dissolved and cease to exist as
a | ||
separate and distinct political subdivision. In connection | ||
with such
rights, powers, duties, liabilities and functions the | ||
township shall be
subject to, governed by and have the benefit | ||
of the statutes, as then or
thereafter amended, and laws | ||
affecting such a special district, including
without | ||
limitation the right to levy taxes in such amounts as allowed | ||
to
such a special district, but the right to levy taxes shall | ||
exist only
within the area formerly comprising such merged | ||
special district. Upon the
effective date of the merger all | ||
books, records, equipment, property and
personnel held by, in | ||
the custody of or employed by the special district
shall be | ||
transferred to the township. The transfer shall not affect the
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status or employment benefits of transferred personnel.
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(Source: P.A. 89-150, eff. 7-14-95.)
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