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all municipalities that have territory within the drainage |
district and to the commissioners of the drainage district. If |
the court is satisfied after conducting the initial hearing |
that the conditions required for dissolution have been met, the |
court shall enter an order providing: |
(1) that the commissioners of the district shall file |
within 60 days a final financial report of commissioners. |
If a final financial report of commissioners is not timely |
filed, the county shall file a verified statement |
indicating the amount of any funds held by the county |
treasurer belonging to the drainage district; and |
(2) that the commissioners of the district shall file a |
report within 60 days to the court listing all property of |
the district, both real and personal, including the title |
to any drains, levees, rights-of-way, or other works upon |
which the district's drainage system is located. Should the |
commissioners of the drainage district fail to file a |
report listing all property, the county shall file its own |
report based on information available to the county and |
from public records. |
(c) After all reports have been filed, the court shall set |
a hearing to determine and enter requested transfer orders and |
enter an order dissolving the drainage district. |
(d) On the date of dissolution of the district, all drains, |
levees, and other works constituting the drainage system of the |
district and the rights-of-way, if any, on which the same are |
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situated shall be deemed to be for the mutual benefit of the |
lands formerly in the district as provided in Section 10-11. |
Additional
powers of the former district, except those in |
Article V, shall be exercised by the respective municipalities |
where the various parts of the former district are located and |
by the county for any areas contained in the former district |
outside of municipalities. Any property owned by the former |
district becomes property of the county to be used for the |
benefit of the drainage system of the former district unless |
the county, by resolution, gives it to one or more of the |
municipalities that will be exercising the powers of the former |
district. |
(e) If the former district had levied an assessment that is |
still effective on the date of dissolution, then the county and |
municipality in which the drainage district lies has the |
authority to continue to collect, receive, and expend the |
proceeds of the assessment within the boundaries of the former |
drainage district, in a proportionate share to the area of the |
dissolved drainage district contained within the county or |
municipality, and the proceeds shall be expended or disposed of |
by the county or municipality in the same manner as the |
proceeds may have been expended or disposed by the former |
drainage district. No later than 60 days after the date of |
dissolution, the county board or city council shall, by |
ordinance or resolution: |
(1) reduce the assessment to an amount necessary to |
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continue operation of the former drainage district's |
drainage structures and drainage system until the levy |
expires; or |
(2) eliminate the assessment if the county board or |
city council determines the municipality or municipalities |
and county have sufficient revenue to operate the drainage |
structures and drainage system within each respective |
unit's boundaries. |
(f) No later than 60 days after the date of dissolution of |
the district, the county shall notify the Illinois |
Environmental Protection Agency of the dissolution of the |
district. |
(g) If (1) the former drainage district is located in a |
county with a county stormwater committee operating under |
Section 5-1062 of the Counties Code, (2) the municipalities |
accounting for at least 75% of the territory of the former |
drainage district agree that the county stormwater committee |
shall exercise the powers of the former drainage district |
within the municipalities and county for the drainage system of |
the former drainage district, and (3) delegation of authority |
to the county stormwater committee is included in the |
resolution or ordinance to dissolve the drainage district by |
each municipality and county accounting for at least 75% of the |
territory of the former drainage district, then the county |
shall have the authority to continue to levy the former |
drainage district assessment in the territory of the former |
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drainage district to be used by the county stormwater committee |
for the benefit of the former drainage district's drainage |
system. Funds from this levy shall be budgeted and appropriated |
separate from the county stormwater committee's other |
operations. If resolutions or ordinances are adopted as |
provided in this subsection, the former drainage district levy |
shall not expire and, if extended, the county shall not exceed |
the rate of the last assessment of the former drainage |
district. |
(h) This Section only applies to drainage districts: (1) |
wholly or partially contained within the Lake Michigan |
Watershed, Chicago/Calumet Watershed, Des Plaines River |
Watershed, or Fox River Watershed; and (2) wholly contained |
within a county with a stormwater management planning committee |
operating under Section 5-1062 of the Counties Code.
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