Public Act 0038 104TH GENERAL ASSEMBLY

HB0663 Enrolled LRB104 04550 RTM 14577 b

Public Act 104-0038

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sanitary District Act of 1936 is amended by changing Section 33 as follows:

(70 ILCS 2805/33) (from Ch. 42, par. 444)

Sec. 33. Except as provided in Section 33.1, 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:

(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 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 general election law.

The question shall be in substantially the following form:

-

"Shall the sanitary YES district of .... be ----------------------------

dissolved?" NO -------------------------------------------------------------

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 discharge all outstanding obligations.

(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.

(c) The board of trustees of the of the Village of Lindenhurst may, by ordinance, terminate the terms of all members of the board of trustees of the Lindenhurst Sanitary District and the powers of the Lindenhurst Sanitary District shall be exercised by the board of trustees of the Village of Lindenhurst, including the District's authority to levy and collect taxes.

Once there are no debts of the Lindenhurst Sanitary District or the Village of Lindenhurst has sufficient funds on hand or available to satisfy any debts of the District, the board of trustees of the Village of Lindenhurst may dissolve the Lindenhurst Sanitary District and acquire all of the District's assets and responsibilities if it adopts an ordinance stating: (1) the reasons for dissolving the District; (2) that there are no outstanding debts of the District or that the Village has sufficient funds on hand or available to satisfy the debts; (3) that no federal or State permit or grant will be impaired by dissolution of the District; and (4) that the Village 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 board of trustees of the Village of Lindenhurst. No later than 60 days after the effective date of the ordinance, the Village of Lindenhurst shall notify the Illinois Environmental Protection Agency regarding the dissolution of the District.

(d) The Southeast Joliet Sanitary District may be dissolved and transfer its assets, liabilities, and responsibilities to the City of Joliet and, if necessary, the County of Will, if: (1) the board of the District adopts a resolution dissolving the District; and (2) the city council of the City of Joliet adopts a resolution, within 14 days after the District's resolution accepting the transfer. The dissolution and transfer shall not be effective until the resolutions described in this subsection (d) have been adopted by the District and the City. Each resolution must state: (1) the reasons for dissolving the District; (2) that there are no outstanding debts of the District or that the City of Joliet has sufficient funds on hand or available to satisfy the debts of the District; (3) that no federal or State permit or grant will be impaired by the dissolution of the District; and (4) that the City of Joliet assumes all assets and responsibilities of the District, except for those assets the City of Joliet deems to be unnecessary for continued operation of the District's facilities. The County of Will shall take responsibility for and control over assets deemed unnecessary by the City of Joliet. Upon dissolution, the statutory powers previously held by the District shall be held and exercised by the City of Joliet. No later than 60 days after the effective date of the City of Joliet's resolution, the City of Joliet shall notify the Illinois Environmental Protection Agency regarding the dissolution of the Southeast Joliet Sanitary District.

(Source: P.A. 100-201, eff. 8-18-17; 100-874, eff. 1-1-19; 101-111, eff. 7-19-19.)