94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2500


 
Introduced 2/17/2005, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/Art. 11 Div. 15.2 heading new






65 ILCS 5/11-15.2-1 new






65 ILCS 5/11-15.2-2 new










    Amends the Illinois Municipal Code. Provides that territory in a drainage district that has been annexed to a municipality is disconnected from the drainage district, by operation of law,  as of the effective date of the annexation, provided that the drainage district does not contain territory that drains directly into the Illinois, Ohio, or Mississippi River; the municipality has a population of 35,000 or more; and there is a disconnection agreement between the municipality and the drainage district that is in effect as of the time of the annexation or the municipality has on file with the county clerk and circuit clerk proof of mailing a notice to the drainage district commissioners. Provides that if there is no agreement  between the parties after 180 days after the proof of mailing was filed, either party may petition the circuit court for a determination of the assessment that the municipality should pay. Provides that a drainage district and municipality may enter into an intergovernmental agreement dividing the responsibilities of the municipality and the district for maintenance of the drainage facilities.
















LRB094 09823 AJO 40079 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2500

LRB094 09823 AJO 40079 b






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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 Illinois Municipal Code is amended  by adding 
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Division 15.2 to Article 11 as follows:
 
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    (65 ILCS 5/Art. 11 Div. 15.2 heading new)

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DIVISION 15.2. ANNEXATION; DRAINAGE DISTRICTS

 
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    (65 ILCS 5/11-15.2-1  new)
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    Sec. 11-15.2-1. Disconnection upon municipal annexation.
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    (a) Any territory within a drainage district that is or has 
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been annexed to a municipality is, by operation of law, 
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disconnected from the drainage district as of the effective 
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date of the annexation, which, for the purposes of this 
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Section, is the date the annexation ordinance is filed with the 
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county clerk, or in the case any such territory has been so 
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annexed before the effective date of this amendatory Act of the 
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94th General Assembly, as of the effective date of this 
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Section, provided that:

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        (1) the drainage district does not contain territory 
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    that drains directly into the Illinois, Ohio, or 
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    Mississippi River;

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        (2) the territory is or has been annexed to a 
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    municipality with a population of 35,000 or more;

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        (3) the municipality has placed on file with the county 
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    clerk a certification by the city engineer that the 
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    municipality has regulations in effect to manage and 
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    control stormwater; and

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        (4) (i) the municipality and the drainage district have 
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    entered into an agreement concerning disconnection, and 
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    the agreement is in effect at the time of the annexation; 
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    or (ii) the municipality has on file with the county clerk 
 


 






HB2500
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LRB094 09823 AJO 40079 b




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    and the circuit clerk proof of mailing by certified mail  a 
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    notice of intent to commence negotiations for an agreement 
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    concerning disconnection to each of the drainage district 
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    commissioners.

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    (b) If more than 180 days have elapsed since the 
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municipality filed the proof of mailing with the county clerk 
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and circuit clerk pursuant to item (a)(4)(ii) and the parties 
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have not reached an agreement, either party may petition the 
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circuit court to determine the assessment that the municipality 
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must pay to the drainage district pursuant to Section 11-2 of 
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the Illinois Drainage Code (70 ILCS 605/11-2).

 
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    (65 ILCS 5/11-15.2-2  new)
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    Sec. 11-15.2-2. Intergovernmental agreements. When 
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drainage district and municipal facilities are interconnected, 
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such as when a drainage district channel or tile exits or 
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enters a municipality's territory, the drainage district and 
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the municipality may enter into an agreement pursuant to the 
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Intergovernmental Cooperation Act to establish the respective 
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responsibilities of the district and the municipality to 
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maintain, replace, improve, or reroute facilities within the 
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drainage district's jurisdiction. The agreement need not be 
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presented for approval to a court to be effective.