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| Public Act 097-0418 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Soil and Water Conservation Districts Act is | ||||
amended by changing Section 26a as follows:
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(70 ILCS 405/26a) (from Ch. 5, par. 131a)
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Sec. 26a.
Any 25 or more owners of lands lying within the | ||||
boundaries
of any district organized under the provisions of | ||||
this Act may file,
with the Department, a petition proposing | ||||
the consolidation of such
district with one or more adjoining | ||||
soil conservation districts. Such
petition shall set forth: (1) | ||||
the names of the districts proposed to be
consolidated, and (2) | ||||
the proposed name of the consolidated district.
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Within 30 days after such petition is filed the Department | ||||
shall
submit the proposal to the directors of each district | ||||
proposed to be
consolidated. The Directors of each such | ||||
district, shall within 30 days
thereafter, adopt and forward to | ||||
the Department a resolution approving
or disapproving the | ||||
proposed consolidation.
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If the directors of all of the said districts approve the | ||||
proposals
to consolidate such districts, it shall be the duty | ||||
of the Department to
give 10 days notice of the holding of a | ||||
referendum by causing such
notice to be published at least once | ||||
in one or more newspapers having
general circulation within the | ||
district and to hold a referendum within
each such district | ||
upon the proposition or the proposed consolidation.
Except as | ||
otherwise provided in this Act, the proposition shall be
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submitted in accordance with Section 28-3 of the Election Code.
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The question at such referendum shall be submitted upon | ||
ballots in
substantially the following form:
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Place an X in the square opposite the
proposition for which you | ||
desire to vote.
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For approval of the proposed
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consolidation of (here insert names
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of districts to be consolidated)
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into one soil and water
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conservation district.
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Against approval of the
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proposed consolidation of (here
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insert names of districts to be
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consolidated) into one soil and
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water conservation district.
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Only owners or occupiers of land, or both, lying within the | ||
districts
are eligible to vote in such referendum and each | ||
shall have one vote.
Eligible voters may vote in person or by | ||
absentee ballot.
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If a majority of the votes cast in the referendum in each | ||
of such
districts are cast in favor of the proposed | ||
consolidation and if the
Department determines that such | ||
consolidation is administratively
practicable and feasible, | ||
the Chairmen of the directors of the said
districts shall | ||
present to the Secretary of State through the Department
an | ||
application for a certificate of organization of the | ||
consolidated
district. The application shall be signed and | ||
sworn to by all of the
said chairmen, and shall set forth the | ||
names of the constituent
districts, the proposed name of the | ||
consolidated district, and the
location of the office of the | ||
consolidated district. The said
application shall be | ||
accompanied by the statement from the Department
which shall | ||
set forth (and such statement need contain no details other
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than the mere recitals) that a petition for the consolidation | ||
of the
said district was filed, that the proposed consolidation | ||
was, by
resolution, approved by the governing bodies of all of | ||
such districts,
that a referendum was held in each of the said | ||
districts on the question
of the proposed consolidation, and | ||
that the result of such referendum
showed a majority of the | ||
votes cast in each district to be in favor of
the proposed | ||
consolidation.
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The Secretary of State shall receive and file such | ||
application and
statement and shall record them in an | ||
appropriate book of record in his
office. When the application | ||
and statements have been made, filed, and
recorded as herein | ||
provided, the consolidation of such districts shall
be deemed | ||
affected and the consolidated district shall constitute a
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public body, corporate and politic, vested with all the power | ||
of soil
and water conservation districts. The Secretary of | ||
State shall make and
issue to the signers of the application a | ||
certificate, under the seal of
the State, of the due | ||
organization of the said consolidated district,
and shall | ||
record such certificate with the application and statement. A
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copy of the statement and certificate of organization, duly | ||
certified by
the Secretary of State, shall be recorded with the | ||
recorder of
the county in which the office of the consolidated | ||
district is located.
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Notwithstanding the other provisions of this Act, if | ||
petitions and resolutions to consolidate districts under this | ||
Section are filed with the Department before January 1, 2012 | ||
and if the Director determines that the consolidation is | ||
administratively practicable and feasible, then the Director | ||
may approve the consolidation without the necessity of holding | ||
a referendum under this Section, which shall be deemed to have | ||
the same effect as if the referendum had been held and | ||
approved. | ||
Upon a consolidation of districts, the directors of all | ||
such
districts shall continue to hold office and serve as a | ||
temporary
governing body of the consolidated district until the | ||
members of a
permanent governing body have been elected and | ||
have qualified. The
provisions of Sections 19, 20 and 21 of | ||
this Act that relate to the
number, and to the nomination, | ||
election and organization of members of
the governing bodies of | ||
soil and water conservation districts shall
govern the | ||
selection of the members of the permanent governing body of a
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consolidated district.
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Upon the issuance, by the Secretary of State, of a | ||
certificate of
organization to a consolidated district, | ||
property belonging to the
constituent district shall become the | ||
property of the consolidated
district. All contracts | ||
theretofore entered into, to which the
constituent districts | ||
are parties, shall remain in force and effect for
the period | ||
provided in such contracts. The consolidated districts shall
be | ||
substituted for each constituent district as party to such | ||
contracts,
and shall be entitled to all benefits and subject to | ||
all liabilities
under such contracts and shall have the same | ||
right and liability to
perform, to require performance, to sue | ||
and to be sued thereon, and to
modify or terminate such | ||
contracts by mutual consent or otherwise, as
the constituent | ||
district would have had. Any indebtedness, claim, demand
or | ||
right owing or belonging to any of the constituent districts | ||
shall
vest in and become due to the consolidated district, | ||
which shall have
the right to demand, sue for, recover and | ||
enforce the same in its own
name. Upon a consolidation of | ||
districts, all land-use regulations
theretofore adopted and in | ||
force and effect within any of the
constituent districts shall | ||
remain in force and effect throughout the
territory for which | ||
they were originally adopted, until repealed,
amended, | ||
supplemented, or superseded by action of the consolidated
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district.
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(Source: P.A. 83-358.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||