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| Public Act 099-0783 | ||||
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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 Sanitary District Act of 1917 is amended by | ||||
changing Section 27 as follows:
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(70 ILCS 2405/27) (from Ch. 42, par. 317i)
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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
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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:
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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.
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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.
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(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
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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
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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
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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
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finds that said requirements have not been met, it shall order | ||
that the
sanitary district not be dissolved.
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(c) The Round Lake Sanitary District may dissolve itself | ||
upon entering into an agreement with the County of Lake for the | ||
County to acquire all of the assets and responsibilities of the | ||
Round Lake Sanitary District. Upon dissolution of the District, | ||
the statutory powers of the former District shall be exercised | ||
by the county board of Lake County. Within 60 days after the | ||
effective date of such dissolution and agreement, the County of | ||
Lake shall notify the Illinois Environmental Protection Agency | ||
regarding the dissolution of the Round Lake Sanitary District | ||
and the dissolution agreement. | ||
(Source: P.A. 93-567, eff. 8-20-03.)
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Section 10. The Sanitary District Act of 1936 is amended by | ||
changing Section 33 as follows:
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(70 ILCS 2805/33) (from Ch. 42, par. 444)
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Sec. 33.
Any sanitary district created under this Act which | ||
does not
have outstanding and unpaid any revenue bonds issued | ||
under the
provisions of this Act may be dissolved as follows:
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(a) Any 50 electors residing within the area of any | ||
sanitary district may
file with the circuit clerk of the county | ||
in which the area is situated,
a petition addressed to the | ||
circuit court to cause submission of
the question whether
the | ||
sanitary district shall be dissolved. Upon the filing of the
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petition with the clerk, the court shall certify the question | ||
to the proper
election officials who shall submit the question | ||
at an election in accordance
with the general election law,
and | ||
give notice of the election in the manner provided by the
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general election law.
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The question shall be in substantially
the following form:
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"Shall the sanitary YES
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district of.... be -----------------------------
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dissolved"? NO
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If a majority of the
votes cast on this question are in | ||
favor of dissolution of the sanitary
district, then such | ||
organization shall cease, and the sanitary district
is | ||
dissolved, and the court shall direct the sanitary district to
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discharge all outstanding obligations.
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(b) The County of Lake may dissolve the Fox Lake Hills | ||
Sanitary District, thereby acquiring all of the District's | ||
assets and responsibilities, upon adopting a resolution | ||
stating: (1) the reasons for dissolving the District; (2) that | ||
there are no outstanding debts of the District or that the | ||
County has sufficient funds on hand or available to satisfy | ||
such debts; (3) that no federal or State permit or grant will | ||
be impaired by dissolution of the District; and (4) that the | ||
County assumes all assets and responsibilities of the District. | ||
Upon dissolution of the District, the statutory powers of the | ||
former District shall be exercised by the county board of the | ||
Lake County. Within 60 days after the effective date of such | ||
resolution, the County of Lake shall notify the Illinois | ||
Environmental Protection Agency regarding the dissolution of | ||
the Fox Hills Sanitary District. | ||
(Source: P.A. 81-1489.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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