Illinois General Assembly - Full Text of HB5584
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Full Text of HB5584  99th General Assembly




HB5584 EnrolledLRB099 18820 MJP 43205 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 1917 is amended by
5changing Section 27 as follows:
6    (70 ILCS 2405/27)  (from Ch. 42, par. 317i)
7    Sec. 27. (a) Any sanitary district created under this Act
8which does not have any outstanding and unpaid revenue bonds
9issued under the provisions of this Act and which has a
10population not in excess of 5000 persons and where that
11sanitary district has entered into an intergovernmental
12agreement with a municipality for the mutual expenditure of
13funds in joint work and for the transfer of assets under the
14Municipality and Sanitary District Mutual Expenditure Act may
15be dissolved as follows:
16    The board of trustees of a sanitary district may petition
17the circuit court to dissolve the district. Such petition must
18show: (1) the reasons for dissolving the district; (2) that
19there are no debts of the district outstanding or that there
20are sufficient funds on hand or available to satisfy such
21debts; (3) that no contract or federal or state permit or grant
22will be impaired by the dissolution of the sanitary district;
23(4) that all assets and responsibilities of the sanitary



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1district have been properly assigned to the successor
2municipality; and (5) that the sanitary district will pay any
3court costs incurred in connection with the petition.
4    Upon adequate notice, including appropriate notice to the
5Illinois Environmental Protection Agency, the circuit court
6shall hold a hearing to determine whether there is good reason
7for dissolving the district and whether the allegations of the
8petition are true. If the court finds for the petitioners it
9shall order the district dissolved but if the court finds
10against the petitioners the petition shall be dismissed. In
11either event, the costs shall be taxed against the sanitary
12district. The order shall be final. Separate or joint appeals
13may be taken by any of the parties affected thereby or by the
14trustees of the sanitary district, as in other civil cases.
15    (b) The Village of Rockton has the power to dissolve and
16acquire all of the assets and responsibilities of a sanitary
17district (i) that is located wholly within Winnebago County and
18(ii) that has 90% of its service area within the corporate
19limits of the Village of Rockton. The corporate authorities of
20the Village of Rockton, after providing at least 60 days' prior
21written notice to the sanitary district, may vote to dissolve
22and acquire the existing sanitary district formed pursuant to
23this Act upon showing: (1) the reasons for dissolving the
24district; (2) that there are no outstanding debts of the
25district or that the Village of Rockton has sufficient funds on
26hand or available to satisfy any such debts; (3) that no



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1federal or state permit or grant will be impaired by
2dissolution of the existing sanitary district; (4) that the
3Village of Rockton agrees to assume all assets and
4responsibilities of the sanitary district; and (5) that
5adequate notice has been given to the Illinois Environmental
6Protection Agency regarding the dissolution of the sanitary
7district. Any costs associated with the dissolution of the
8existing sanitary district may be taxed against the sanitary
9district once the Village of Rockton has acquired all the
10assets and responsibilities of the district. The sanitary
11district may file an appeal with the circuit court, which shall
12hold a hearing, to determine whether the requirements of this
13section has been met. If the court finds that the requirements
14of this section have been met, it shall uphold the action of
15the Village of Rockton to dissolve the district. If the court
16finds that said requirements have not been met, it shall order
17that the sanitary district not be dissolved.
18    (c) The Round Lake Sanitary District may dissolve itself
19upon entering into an agreement with the County of Lake for the
20County to acquire all of the assets and responsibilities of the
21Round Lake Sanitary District. Upon dissolution of the District,
22the statutory powers of the former District shall be exercised
23by the county board of Lake County. Within 60 days after the
24effective date of such dissolution and agreement, the County of
25Lake shall notify the Illinois Environmental Protection Agency
26regarding the dissolution of the Round Lake Sanitary District



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1and the dissolution agreement.
2(Source: P.A. 93-567, eff. 8-20-03.)
3    Section 10. The Sanitary District Act of 1936 is amended by
4changing Section 33 as follows:
5    (70 ILCS 2805/33)  (from Ch. 42, par. 444)
6    Sec. 33. Any sanitary district created under this Act which
7does not have outstanding and unpaid any revenue bonds issued
8under the provisions of this Act may be dissolved as follows:
9    (a) Any 50 electors residing within the area of any
10sanitary district may file with the circuit clerk of the county
11in which the area is situated, a petition addressed to the
12circuit court to cause submission of the question whether the
13sanitary district shall be dissolved. Upon the filing of the
14petition with the clerk, the court shall certify the question
15to the proper election officials who shall submit the question
16at an election in accordance with the general election law, and
17give notice of the election in the manner provided by the
18general election law.
19    The question shall be in substantially the following form:
21    "Shall the sanitary                 YES
22district of.... be              -----------------------------
23dissolved"?                             NO



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1    If a majority of the votes cast on this question are in
2favor of dissolution of the sanitary district, then such
3organization shall cease, and the sanitary district is
4dissolved, and the court shall direct the sanitary district to
5discharge all outstanding obligations.
6    (b) The County of Lake may dissolve the Fox Lake Hills
7Sanitary District, thereby acquiring all of the District's
8assets and responsibilities, upon adopting a resolution
9stating: (1) the reasons for dissolving the District; (2) that
10there are no outstanding debts of the District or that the
11County has sufficient funds on hand or available to satisfy
12such debts; (3) that no federal or State permit or grant will
13be impaired by dissolution of the District; and (4) that the
14County assumes all assets and responsibilities of the District.
15Upon dissolution of the District, the statutory powers of the
16former District shall be exercised by the county board of the
17Lake County. Within 60 days after the effective date of such
18resolution, the County of Lake shall notify the Illinois
19Environmental Protection Agency regarding the dissolution of
20the Fox Hills Sanitary District.
21(Source: P.A. 81-1489.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.