103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3429

 

Introduced 2/8/2024, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2805/32a.5  from Ch. 42, par. 443a.5

    Amends the Sanitary District Act of 1936. Provides that contiguous territory located within the boundaries of a sanitary district organized under the Act and upon the border of the district may become disconnected from the district without following specified procedures by ordinance or resolution of both the sanitary district and the unit of local government within which the territory is located if there are no outstanding bond payments or debts to be repaid. Effective immediately.


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A BILL FOR

 

SB3429LRB103 37549 AWJ 67673 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sanitary District Act of 1936 is amended by
5changing Section 32a.5 as follows:
 
6    (70 ILCS 2805/32a.5)  (from Ch. 42, par. 443a.5)
7    Sec. 32a.5. Disconnection of contiguous territory on the
8border of a district.
9    (a) Any contiguous territory located within the boundaries
10of any sanitary district organized under this Act, and upon
11the border of such district, may become disconnected from such
12district in the manner provided in this Section. Ten per cent
13or more of the legal voters resident in the territory sought to
14be disconnected from such district, may petition the circuit
15court for the county in which the original petition for the
16organization of the district was filed, to cause the question
17of such disconnection to be submitted to the legal voters of
18such territory whether the territory shall be disconnected.
19The petition shall be addressed to the court and shall contain
20a definite description of the boundaries of such territory and
21recite as a fact, that as of the date the petition is filed
22there is no bonded indebtedness of the sanitary district
23outstanding and that no special assessments for local

 

 

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1improvements were levied upon or assessed against any of the
2lands within such territory or if so levied or assessed, that
3all of such assessments have been fully paid and discharged
4and that such territory is not, at the time of the filing of
5such petition, and will not be, either benefited or served by
6any work or improvements either then existing or then
7authorized by the sanitary district. Upon filing such petition
8in the office of the circuit clerk of the county in which the
9original petition for the formation of such sanitary district
10has been filed it is the duty of the court to consider the
11boundaries of such territory and the facts upon which the
12petition is founded. The court may alter the boundaries of
13such territory and shall deny the prayer of the petition, if
14the material allegations therein contained are not founded in
15fact. The decision of the court is appealable as in other civil
16cases.
17    Notice shall be given by the court of the time and place
18when and where all persons interested will be heard
19substantially as provided in and by Section 1 of this Act. The
20conduct of the hearing on the question whether such territory
21shall become disconnected shall be, as nearly as possible, in
22accordance with Section 1 of this Act. The court shall certify
23the question to the proper election officials who shall submit
24the question at an election in accordance with the general
25election law. The question shall be in substantially the
26following form:

 

 

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1----------------------------------------------
2    For disconnection from sanitary district.
3-------------------------------------------------------------
4    Against disconnection from sanitary district.
5-------------------------------------------------------------
6If a majority of the votes cast on the question shall be in
7favor of disconnection, and if the trustees of such sanitary
8district shall, by ordinance, disconnect such territory,
9thereupon the court shall enter an appropriate order of record
10in the court and thereafter such territory shall be deemed
11disconnected from such sanitary district.
12    (b) Contiguous territory located within the boundaries of
13a sanitary district organized under this Act and upon the
14border of the district may become disconnected from the
15district without following the procedures of subsection (a) by
16ordinance or resolution of both the sanitary district and the
17unit of local government within which the territory is located
18if there are no outstanding bond payments or debts to be
19repaid.
20(Source: P.A. 100-201, eff. 8-18-17.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.