(5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
Sec. 3.6. (a) Any special district the boundaries of which are
exactly coterminous with, or entirely within, the boundaries of a township
may merge
into and
transfer all of its rights, powers, duties, liabilities and functions to
the township as provided in this Section notwithstanding any other provision
of the law.
(b) "Special district" means any political subdivision other than a
county, municipality, township, school district or community college district.
(c) By resolution or ordinance the special district may petition the
township for merger. Within 30 days after the adoption of such resolution
or ordinance, the special district shall file a copy of the petition with
the town clerk of the township and with the county clerk.
(d) Within 60 days of the filing of the petition with the town clerk the
board of town trustees shall by ordinance either agree or refuse to agree
to the merger. Failure of the board of town trustees to adopt such an
ordinance within the 60 days shall constitute a refusal to agree to the merger.
(e) After an ordinance is passed by the board of town trustees agreeing
to a merger, it shall be published once within 30 days after its passage in
one or more newspapers published in the township or, if no newspaper is
published therein, it shall be published in a newspaper published in the
county in which such township is located and having general circulation
within such township. If no newspaper is published in the county having
general circulation in the township, publication may be made instead by
posting copies of such ordinance in 10 public places within the township.
The publication or posting of the ordinance shall include a notice of (1) the
specific number of voters required to sign a petition requesting that the
question of the merger be submitted to the voters of the township; (2) the
time within which the petition must be filed; and (3) the date of the
prospective referendum. The township clerk shall provide a petition form to
any individual requesting one. The ordinance shall not become effective
until 30 days after its publication or the date of such posting of such copies.
Whenever a petition signed by the electors of the township equal in
number to 10% or more of the registered voters in the township is filed
with the board of town trustees thereof which has adopted an ordinance
agreeing to merger and such petition has been filed with the board of
town trustees within 30 days after the publication or the date of the
posting of the copies which petition seeks the submission of such merger to
an election, the board of town trustees shall certify the question to the
proper election officials who shall submit the question at an election in
accordance with the general election law.
The proposition shall be substantially in the following form:
--------------------------------------------------------------------------------------------------------------------- Shall (name of special YESdistrict) be merged into -----------------------------------------------------------------------------............. Township? NO---------------------------------------------------------------------------------------------------------------------
If the boundaries of the township and special district are coterminous and a
majority of the voters voting on the question shall favor merger, the
special district shall merge into the township. If a majority of the
voters voting on the question shall not favor merger, the special district
shall not merge into the township. If the boundaries of the township and
special district are not coterminous, then a majority of the voters voting
upon the question in the special district and a majority of the voters
voting in that portion of the township that is not included within the
special district must both favor the merger. If a majority of the voters
residing in the special district or a majority of the voters voting in that
portion of the townships that is not included within the special district
do not favor the merger, the special district shall not merge into the
township.
(f) The effective date of the merger shall be the first day of January
of the year immediately following the effective date of the ordinance or
the approval by the referendum as the case may be.
(g) If the board of town trustees refuses to agree to the merger or if a
majority of the voters voting on the question shall not favor merger, then
the special district shall not file a petition for merger with the town
clerk within 3 years after such refusal to agree or referendum.
(h) Upon the effective date of the merger the township shall assume and
succeed to all of the rights, powers, duties, liabilities and functions of
the special district, including assuming any indebtedness of the special
district, and the special district shall be dissolved and cease to exist as
a separate and distinct political subdivision. In connection with such
rights, powers, duties, liabilities and functions the township shall be
subject to, governed by and have the benefit of the statutes, as then or
thereafter amended, and laws affecting such a special district, including
without limitation the right to levy taxes in such amounts as allowed to
such a special district, but the right to levy taxes shall exist only
within the area formerly comprising such merged special district. Upon the
effective date of the merger all books, records, equipment, property and
personnel held by, in the custody of or employed by the special district
shall be transferred to the township. The transfer shall not affect the
status or employment benefits of transferred personnel.
(Source: P.A. 94-144, eff. 1-1-06.)
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