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| Public Act 103-0996 | ||||
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AN ACT concerning local government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Sanitary District Act of 1936 is amended by | ||||
changing Section 32a.5 as follows: | ||||
(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5) | ||||
Sec. 32a.5. Disconnection of contiguous territory on the | ||||
border of a district. | ||||
(a) Any contiguous territory located within the boundaries | ||||
of any sanitary district organized under this Act, and upon | ||||
the border of such district, may become disconnected from such | ||||
district in the manner provided in this Section. Ten per cent | ||||
or more of the legal voters resident in the territory sought to | ||||
be disconnected from such district, may petition the circuit | ||||
court for the county in which the original petition for the | ||||
organization of the district was filed, to cause the question | ||||
of such disconnection to be submitted to the legal voters of | ||||
such territory whether the territory shall be disconnected. | ||||
The petition shall be addressed to the court and shall contain | ||||
a definite description of the boundaries of such territory and | ||||
recite as a fact, that as of the date the petition is filed | ||||
there is no bonded indebtedness of the sanitary district | ||||
outstanding and that no special assessments for local | ||||
improvements were levied upon or assessed against any of the | ||
lands within such territory or if so levied or assessed, that | ||
all of such assessments have been fully paid and discharged | ||
and that such territory is not, at the time of the filing of | ||
such petition, and will not be, either benefited or served by | ||
any work or improvements either then existing or then | ||
authorized by the sanitary district. Upon filing such petition | ||
in the office of the circuit clerk of the county in which the | ||
original petition for the formation of such sanitary district | ||
has been filed it is the duty of the court to consider the | ||
boundaries of such territory and the facts upon which the | ||
petition is founded. The court may alter the boundaries of | ||
such territory and shall deny the prayer of the petition, if | ||
the material allegations therein contained are not founded in | ||
fact. The decision of the court is appealable as in other civil | ||
cases. | ||
Notice shall be given by the court of the time and place | ||
when and where all persons interested will be heard | ||
substantially as provided in and by Section 1 of this Act. The | ||
conduct of the hearing on the question whether such territory | ||
shall become disconnected shall be, as nearly as possible, in | ||
accordance with Section 1 of this Act. The court 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 question shall be in substantially the | ||
following form: | ||
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For disconnection from sanitary district.
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Against disconnection from sanitary district.
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If a majority of the votes cast on the question shall be in | ||
favor of disconnection, and if the trustees of such sanitary | ||
district shall, by ordinance, disconnect such territory, | ||
thereupon the court shall enter an appropriate order of record | ||
in the court and thereafter such territory shall be deemed | ||
disconnected from such sanitary district. | ||
(b) Contiguous territory located within the boundaries of | ||
a sanitary district organized under this Act and upon the | ||
border of the district may become disconnected from the | ||
district without following the procedures of subsection (a) by | ||
ordinance or resolution of both the sanitary district and the | ||
unit of local government or another sanitary district within | ||
which the territory is located if (i) there are no outstanding | ||
bond payments or debts to be repaid or (ii) the acquiring | ||
sanitary district process of wastewater treatment exceeds the | ||
acquiree wastewater treatment process as defined by the United | ||
States Environmental Protection Agency's Primer for Municipal | ||
Wastewater Treatment Systems or a successor document. | ||
(Source: P.A. 100-201, eff. 8-18-17.) | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||