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| Public Act 099-0668 | ||||
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AN ACT concerning local 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 Water Authorities Act is amended by changing | ||||
Section 28 as follows: | ||||
(70 ILCS 3715/28) | ||||
Sec. 28. Cessation or dissolution of authority | ||||
organization. | ||||
(a) Notwithstanding any other provision of law, if a | ||||
majority vote of the board of trustees is in favor of the | ||||
proposition to annex the authority to another authority whose | ||||
boundaries are contiguous, or consolidate the authority into a | ||||
municipality with which the authority is coterminous or | ||||
substantially coterminous, or consolidate the authority into | ||||
the county in which the authority sits if the authority | ||||
contains territory within only one county, and if the governing | ||||
authorities of the governmental unit assuming the functions of | ||||
the former authority agree by resolution to accept the | ||||
functions (and jurisdiction over the territory, if applicable) | ||||
of the consolidated or annexed authority, then the authority | ||||
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 | ||
authority shall vest in and be assumed by the governmental unit | ||
assuming the functions of the former authority. | ||
The employees of the former authority shall be transferred | ||
to the governmental unit assuming the functions of the former | ||
authority. The governmental unit assuming the functions of the | ||
former authority shall exercise the rights and | ||
responsibilities of the former authority with respect to those | ||
employees. The status and rights of the employees of the former | ||
authority 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.
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(b) Any authority created under this Act, other than an | ||
authority servicing any part of the City of Chicago, which does
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not have any outstanding and unpaid revenue bonds issued under | ||
this Act
may be dissolved any time after a date which is 4 | ||
years after the date
of its creation as follows: | ||
Any 500 electors residing within the area of the authority | ||
may
petition the circuit court to order submitted to referendum
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the question whether the authority
should be dissolved. Upon | ||
the filing of the petition, and the determination
that it is in | ||
accordance with the general election law, the circuit court
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shall: designate the election at which this question is to be | ||
submitted;
order notice of the referendum in the manner
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provided by the general election law; and certify the | ||
proposition to the
proper election officials for submission in | ||
accordance with the general election law.
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The proposition shall be in substantially
the following | ||
form:
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------------------------------------------------------------- | ||
"Shall the (name of YES | ||
water authority) -------------- | ||
be dissolved?" NO | ||
-------------------------------------------------------------
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If a majority of the
votes cast on this question are in | ||
favor of dissolution of the authority
under this subsection, | ||
then such organization shall cease, the authority is dissolved, | ||
and the circuit court shall direct the
discharge of
all | ||
outstanding obligations.
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If the vote is in favor of dissolution of the authority
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under this subsection, there shall be no further appointments | ||
or elections for trustees.
Except as otherwise provided for in | ||
this subsection, the trustees acting at the time of this vote | ||
shall close up the business
affairs of the district and make | ||
the necessary conveyances of the title
to the district | ||
property. The terms of the trustees acting at the time of a | ||
vote in favor of dissolution are extended until the business | ||
affairs are closed up and conveyances of title are completed.
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To the extent that the authority has entered into a | ||
multiyear lease on a real property asset (including, but not | ||
limited to, surface water property) that it possesses, the | ||
court, upon application of the trustees, may order the trustees | ||
to arrange the transfer of such real property asset, instead of | ||
liquidating the real property asset, to a unit of local | ||
government with legal authority to operate the real property | ||
asset. Such transfer may be made with or without compensation | ||
in the discretion of the court in accordance with this | ||
paragraph. In determining whether compensation shall be paid, | ||
the court shall determine if the same or substantially similar | ||
groups of citizens will benefit from the real property asset | ||
after transfer. To the extent that the same or substantially | ||
similar groups of citizens will continue to benefit from the | ||
real property asset, the court is not required to order | ||
compensation paid by the receiving unit of local government to | ||
the authority. To the extent that a substantial change occurs | ||
to the groups of citizens that will benefit from the real | ||
property asset after the transfer, the court shall determine, | ||
after receiving input from the trustees and the unit of local | ||
government, an equitable method of compensation, after | ||
receiving input from the trustees and the unit of local | ||
government, to be received from the unit of local government to | ||
whom the real property asset is being transferred. The court | ||
shall liberally construe this provision to provide for an | ||
equitable determination of relative benefit. | ||
If the vote is against dissolution of the authority, no
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petition for a referendum under this subsection may be filed | ||
within 4 years
of the previous referendum.
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The dissolution of any authority under this subsection does
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not affect the obligation of any bonds issued or contracts | ||
entered into
by such authority, nor invalidate the levy, | ||
extension or collection of
any taxes upon the property in the | ||
debtor authority, but all such bonds
and contracts shall be | ||
fulfilled or repaid as required under the terms of the bonds or | ||
contracts.
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All money remaining after the business affairs of the | ||
authority have
been closed up and all the debts and obligations | ||
of the authority have
been paid under this subsection, shall be | ||
paid to the township or townships in which such authority is | ||
situated, or the county or counties of any portion of such | ||
authority that is situated outside of a township, in the | ||
proportion that the taxable value the real property in the | ||
authority situated in each township or county bears to the | ||
taxable value of all the real property in the authority.
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All courts shall take judicial notice of the dissolution of | ||
such
authority. | ||
(Source: P.A. 98-1002, eff. 8-18-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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