SB0172 EngrossedLRB097 04014 JDS 44053 b



1    AN ACT concerning government.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Soil and Water Conservation Districts Act is 
5amended  by changing Section 26a as follows:
 



6    (70 ILCS 405/26a)  (from Ch. 5, par. 131a)



7    Sec. 26a. 
Any 25 or more owners of lands lying within the 
8boundaries
of any district organized under the provisions of 
9this Act may file,
with the Department, a petition proposing 
10the consolidation of such
district with one or more adjoining 
11soil conservation districts. Such
petition shall set forth: (1) 
12the names of the districts proposed to be
consolidated, and (2) 
13the proposed name of the consolidated district.

14    Within 30 days after such petition is filed the Department 
15shall
submit the proposal to the directors of each district 
16proposed to be
consolidated. The Directors of each such 
17district, shall within 30 days
thereafter, adopt and forward to 
18the Department a resolution approving
or disapproving the 
19proposed consolidation.

20    If the directors of all of the said districts approve the 
21proposals
to consolidate such districts, it shall be the duty 
22of the Department to
give 10 days notice of the holding of a 
23referendum by causing such
notice to be published at least once 
 
 
SB0172 Engrossed- 2 -LRB097 04014 JDS 44053 b

1in one or more newspapers having
general circulation within the 
2district and to hold a referendum within
each such district 
3upon the proposition or the proposed consolidation.
Except as 
4otherwise provided in this Act, the proposition shall be

5submitted in accordance with Section 28-3 of the Election Code.

6    The question at such referendum shall be submitted upon 
7ballots in
substantially the following form:

8-------------------------------------------------------------

9Place an X in the square opposite the
proposition for which you 
10desire to vote.

11-------------------------------------------------------------

12    For approval of the proposed

13consolidation of (here insert names

14of districts to be consolidated)

15into one soil and water

16conservation district.

17-------------------------------------------------------------

18    Against approval of the

19proposed consolidation of (here

20insert names of districts to be

21consolidated) into one soil and

22water conservation district.

23-------------------------------------------------------------

24    Only owners or occupiers of land, or both, lying within the 
25districts
are eligible to vote in such referendum and each 
26shall have one vote.
Eligible voters may vote in person or by 
 
 
SB0172 Engrossed- 3 -LRB097 04014 JDS 44053 b

1absentee ballot.

2    If a majority of the votes cast in the referendum in each 
3of such
districts are cast in favor of the proposed 
4consolidation and if the
Department determines that such 
5consolidation is administratively
practicable and feasible, 
6the Chairmen of the directors of the said
districts shall 
7present to the Secretary of State through the Department
an 
8application for a certificate of organization of the 
9consolidated
district. The application shall be signed and 
10sworn to by all of the
said chairmen, and shall set forth the 
11names of the constituent
districts, the proposed name of the 
12consolidated district, and the
location of the office of the 
13consolidated district. The said
application shall be 
14accompanied by the statement from the Department
which shall 
15set forth (and such statement need contain no details other

16than the mere recitals) that a petition for the consolidation 
17of the
said district was filed, that the proposed consolidation 
18was, by
resolution, approved by the governing bodies of all of 
19such districts,
that a referendum was held in each of the said 
20districts on the question
of the proposed consolidation, and 
21that the result of such referendum
showed a majority of the 
22votes cast in each district to be in favor of
the proposed 
23consolidation.

24    The Secretary of State shall receive and file such 
25application and
statement and shall record them in an 
26appropriate book of record in his
office. When the application 
 
 
SB0172 Engrossed- 4 -LRB097 04014 JDS 44053 b

1and statements have been made, filed, and
recorded as herein 
2provided, the consolidation of such districts shall
be deemed 
3affected and the consolidated district shall constitute a

4public body, corporate and politic, vested with all the power 
5of soil
and water conservation districts. The Secretary of 
6State shall make and
issue to the signers of the application a 
7certificate, under the seal of
the State, of the due 
8organization of the said consolidated district,
and shall 
9record such certificate with the application and statement. A

10copy of the statement and certificate of organization, duly 
11certified by
the Secretary of State, shall be recorded with the 
12recorder of
the county in which the office of the consolidated 
13district is located.

14    Notwithstanding the other provisions of this Act, if 
15petitions and resolutions to consolidate districts under this 
16Section are filed with the Department before January 1, 2012 
17and if the Director determines that the consolidation is 
18administratively practicable and feasible, then the Director 
19may approve the consolidation without the necessity of holding 
20a referendum under this Section, which shall be deemed to have 
21the same effect as if the referendum had been held and 
22approved. 
23    Upon a consolidation of districts, the directors of all 
24such
districts shall continue to hold office and serve as a 
25temporary
governing body of the consolidated district until the 
26members of a
permanent governing body have been elected and 
 
 
SB0172 Engrossed- 5 -LRB097 04014 JDS 44053 b

1have qualified. The
provisions of Sections 19, 20 and 21 of 
2this Act that relate to the
number, and to the nomination, 
3election and organization of members of
the governing bodies of 
4soil and water conservation districts shall
govern the 
5selection of the members of the permanent governing body of a

6consolidated district.

7    Upon the issuance, by the Secretary of State, of a 
8certificate of
organization to a consolidated district, 
9property belonging to the
constituent district shall become the 
10property of the consolidated
district. All contracts 
11theretofore entered into, to which the
constituent districts 
12are parties, shall remain in force and effect for
the period 
13provided in such contracts. The consolidated districts shall
be 
14substituted for each constituent district as party to such 
15contracts,
and shall be entitled to all benefits and subject to 
16all liabilities
under such contracts and shall have the same 
17right and liability to
perform, to require performance, to sue 
18and to be sued thereon, and to
modify or terminate such 
19contracts by mutual consent or otherwise, as
the constituent 
20district would have had. Any indebtedness, claim, demand
or 
21right owing or belonging to any of the constituent districts 
22shall
vest in and become due to the consolidated district, 
23which shall have
the right to demand, sue for, recover and 
24enforce the same in its own
name. Upon a consolidation of 
25districts, all land-use regulations
theretofore adopted and in 
26force and effect within any of the
constituent districts shall 
 
 
SB0172 Engrossed- 6 -LRB097 04014 JDS 44053 b

1remain in force and effect throughout the
territory for which 
2they were originally adopted, until repealed,
amended, 
3supplemented, or superseded by action of the consolidated

4district.

5(Source: P.A. 83-358.)

 

6    Section 99. Effective date. This Act takes effect upon 
7becoming law.