Full Text of SB0172 97th General Assembly
SB0172enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Soil and Water Conservation Districts Act is | 5 | | amended 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 | 8 | | boundaries
of any district organized under the provisions of | 9 | | this Act may file,
with the Department, a petition proposing | 10 | | the consolidation of such
district with one or more adjoining | 11 | | soil conservation districts. Such
petition shall set forth: (1) | 12 | | the names of the districts proposed to be
consolidated, and (2) | 13 | | the proposed name of the consolidated district.
| 14 | | Within 30 days after such petition is filed the Department | 15 | | shall
submit the proposal to the directors of each district | 16 | | proposed to be
consolidated. The Directors of each such | 17 | | district, shall within 30 days
thereafter, adopt and forward to | 18 | | the Department a resolution approving
or disapproving the | 19 | | proposed consolidation.
| 20 | | If the directors of all of the said districts approve the | 21 | | proposals
to consolidate such districts, it shall be the duty | 22 | | of the Department to
give 10 days notice of the holding of a | 23 | | referendum by causing such
notice to be published at least once |
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| 1 | | in one or more newspapers having
general circulation within the | 2 | | district and to hold a referendum within
each such district | 3 | | upon the proposition or the proposed consolidation.
Except as | 4 | | otherwise provided in this Act, the proposition shall be
| 5 | | submitted in accordance with Section 28-3 of the Election Code.
| 6 | | The question at such referendum shall be submitted upon | 7 | | ballots in
substantially the following form:
| 8 | | -------------------------------------------------------------
| 9 | | Place an X in the square opposite the
proposition for which you | 10 | | desire to vote.
| 11 | | -------------------------------------------------------------
| 12 | | For approval of the proposed
| 13 | | consolidation of (here insert names
| 14 | | of districts to be consolidated)
| 15 | | into one soil and water
| 16 | | conservation district.
| 17 | | -------------------------------------------------------------
| 18 | | Against approval of the
| 19 | | proposed consolidation of (here
| 20 | | insert names of districts to be
| 21 | | consolidated) into one soil and
| 22 | | water conservation district.
| 23 | | -------------------------------------------------------------
| 24 | | Only owners or occupiers of land, or both, lying within the | 25 | | districts
are eligible to vote in such referendum and each | 26 | | shall have one vote.
Eligible voters may vote in person or by |
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| 1 | | absentee ballot.
| 2 | | If a majority of the votes cast in the referendum in each | 3 | | of such
districts are cast in favor of the proposed | 4 | | consolidation and if the
Department determines that such | 5 | | consolidation is administratively
practicable and feasible, | 6 | | the Chairmen of the directors of the said
districts shall | 7 | | present to the Secretary of State through the Department
an | 8 | | application for a certificate of organization of the | 9 | | consolidated
district. The application shall be signed and | 10 | | sworn to by all of the
said chairmen, and shall set forth the | 11 | | names of the constituent
districts, the proposed name of the | 12 | | consolidated district, and the
location of the office of the | 13 | | consolidated district. The said
application shall be | 14 | | accompanied by the statement from the Department
which shall | 15 | | set forth (and such statement need contain no details other
| 16 | | than the mere recitals) that a petition for the consolidation | 17 | | of the
said district was filed, that the proposed consolidation | 18 | | was, by
resolution, approved by the governing bodies of all of | 19 | | such districts,
that a referendum was held in each of the said | 20 | | districts on the question
of the proposed consolidation, and | 21 | | that the result of such referendum
showed a majority of the | 22 | | votes cast in each district to be in favor of
the proposed | 23 | | consolidation.
| 24 | | The Secretary of State shall receive and file such | 25 | | application and
statement and shall record them in an | 26 | | appropriate book of record in his
office. When the application |
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| 1 | | and statements have been made, filed, and
recorded as herein | 2 | | provided, the consolidation of such districts shall
be deemed | 3 | | affected and the consolidated district shall constitute a
| 4 | | public body, corporate and politic, vested with all the power | 5 | | of soil
and water conservation districts. The Secretary of | 6 | | State shall make and
issue to the signers of the application a | 7 | | certificate, under the seal of
the State, of the due | 8 | | organization of the said consolidated district,
and shall | 9 | | record such certificate with the application and statement. A
| 10 | | copy of the statement and certificate of organization, duly | 11 | | certified by
the Secretary of State, shall be recorded with the | 12 | | recorder of
the county in which the office of the consolidated | 13 | | district is located.
| 14 | | Notwithstanding the other provisions of this Act, if | 15 | | petitions and resolutions to consolidate districts under this | 16 | | Section are filed with the Department before January 1, 2012 | 17 | | and if the Director determines that the consolidation is | 18 | | administratively practicable and feasible, then the Director | 19 | | may approve the consolidation without the necessity of holding | 20 | | a referendum under this Section, which shall be deemed to have | 21 | | the same effect as if the referendum had been held and | 22 | | approved. | 23 | | Upon a consolidation of districts, the directors of all | 24 | | such
districts shall continue to hold office and serve as a | 25 | | temporary
governing body of the consolidated district until the | 26 | | members of a
permanent governing body have been elected and |
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| 1 | | have qualified. The
provisions of Sections 19, 20 and 21 of | 2 | | this Act that relate to the
number, and to the nomination, | 3 | | election and organization of members of
the governing bodies of | 4 | | soil and water conservation districts shall
govern the | 5 | | selection of the members of the permanent governing body of a
| 6 | | consolidated district.
| 7 | | Upon the issuance, by the Secretary of State, of a | 8 | | certificate of
organization to a consolidated district, | 9 | | property belonging to the
constituent district shall become the | 10 | | property of the consolidated
district. All contracts | 11 | | theretofore entered into, to which the
constituent districts | 12 | | are parties, shall remain in force and effect for
the period | 13 | | provided in such contracts. The consolidated districts shall
be | 14 | | substituted for each constituent district as party to such | 15 | | contracts,
and shall be entitled to all benefits and subject to | 16 | | all liabilities
under such contracts and shall have the same | 17 | | right and liability to
perform, to require performance, to sue | 18 | | and to be sued thereon, and to
modify or terminate such | 19 | | contracts by mutual consent or otherwise, as
the constituent | 20 | | district would have had. Any indebtedness, claim, demand
or | 21 | | right owing or belonging to any of the constituent districts | 22 | | shall
vest in and become due to the consolidated district, | 23 | | which shall have
the right to demand, sue for, recover and | 24 | | enforce the same in its own
name. Upon a consolidation of | 25 | | districts, all land-use regulations
theretofore adopted and in | 26 | | force and effect within any of the
constituent districts shall |
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| 1 | | remain in force and effect throughout the
territory for which | 2 | | they were originally adopted, until repealed,
amended, | 3 | | supplemented, or superseded by action of the consolidated
| 4 | | district.
| 5 | | (Source: P.A. 83-358 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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