Bill Text: IL HB5584 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Sanitary District Act of 1917. Provides that the Round Lake Sanitary District may dissolve itself upon entering into an agreement with Lake County to assume all of the District's assets and responsibilities. Provides that upon dissolution, the county board of Lake County shall assume the statutory powers of the former District. Requires Lake County to notify the Illinois Environmental Protection Agency of the dissolution and agreement within the 60 days following the effective date of such dissolution. Amends the Sanitary District Act of 1936. Provides that Lake County may dissolve the Fox Lake Hills Sanitary District and assume all of the District's assets and responsibilities upon passage of a specified resolution. Provides that upon dissolution, the county board of Lake County shall assume the statutory powers of the former District. Requires Lake County to notify the Illinois Environmental Protection Agency of the dissolution within the 60 days following its effective date. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0783 [HB5584 Detail]
Download: Illinois-2015-HB5584-Enrolled.html
Bill Title: Amends the Sanitary District Act of 1917. Provides that the Round Lake Sanitary District may dissolve itself upon entering into an agreement with Lake County to assume all of the District's assets and responsibilities. Provides that upon dissolution, the county board of Lake County shall assume the statutory powers of the former District. Requires Lake County to notify the Illinois Environmental Protection Agency of the dissolution and agreement within the 60 days following the effective date of such dissolution. Amends the Sanitary District Act of 1936. Provides that Lake County may dissolve the Fox Lake Hills Sanitary District and assume all of the District's assets and responsibilities upon passage of a specified resolution. Provides that upon dissolution, the county board of Lake County shall assume the statutory powers of the former District. Requires Lake County to notify the Illinois Environmental Protection Agency of the dissolution within the 60 days following its effective date. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0783 [HB5584 Detail]
Download: Illinois-2015-HB5584-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sanitary District Act of 1917 is amended by | ||||||
5 | changing Section 27 as follows:
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6 | (70 ILCS 2405/27) (from Ch. 42, par. 317i)
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7 | Sec. 27.
(a) Any sanitary district created under this Act | ||||||
8 | which does not
have any outstanding and unpaid revenue bonds | ||||||
9 | issued under the provisions of
this Act and which has a | ||||||
10 | population not in excess of 5000 persons
and where that | ||||||
11 | sanitary district has entered into an intergovernmental
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12 | agreement with a municipality for the mutual expenditure of | ||||||
13 | funds in joint work
and for the transfer of assets under the | ||||||
14 | Municipality and Sanitary District
Mutual Expenditure Act may | ||||||
15 | be dissolved as follows:
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16 | The board of trustees of a sanitary district may petition | ||||||
17 | the circuit
court to dissolve the district. Such petition must | ||||||
18 | show: (1) the reasons
for dissolving the district; (2) that | ||||||
19 | there are no debts of the district
outstanding or that there | ||||||
20 | are sufficient funds on hand or available to
satisfy such | ||||||
21 | debts; (3) that no contract or federal or state permit or
grant | ||||||
22 | will be impaired by the dissolution of the sanitary district; | ||||||
23 | (4)
that all assets and responsibilities of the sanitary |
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1 | district have been
properly assigned to the successor | ||||||
2 | municipality; and (5) that the sanitary
district will pay any | ||||||
3 | court costs incurred in connection with the petition.
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4 | Upon adequate notice, including appropriate notice to the | ||||||
5 | Illinois
Environmental Protection Agency, the circuit court | ||||||
6 | shall hold a hearing to
determine whether there is good reason | ||||||
7 | for dissolving the district and
whether the allegations of the | ||||||
8 | petition are true. If the court finds for
the petitioners it | ||||||
9 | shall order the district dissolved but if the court
finds | ||||||
10 | against the petitioners the petition shall be dismissed. In | ||||||
11 | either
event, the costs shall be taxed against the sanitary | ||||||
12 | district. The order
shall be final. Separate or joint appeals | ||||||
13 | may be taken by any of the
parties affected thereby or by the | ||||||
14 | trustees of the sanitary district, as in
other civil cases.
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15 | (b) The Village of Rockton has the power to dissolve and | ||||||
16 | acquire all of
the assets and responsibilities of a sanitary | ||||||
17 | district (i) that is located
wholly within
Winnebago County and | ||||||
18 | (ii) that
has 90% of its service area within the corporate | ||||||
19 | limits of the Village of
Rockton.
The corporate authorities of | ||||||
20 | the Village of Rockton, after providing at least
60
days' prior | ||||||
21 | written notice to the sanitary district, may vote to dissolve | ||||||
22 | and
acquire
the existing sanitary district formed pursuant to | ||||||
23 | this Act upon showing:
(1) the
reasons for dissolving the | ||||||
24 | district; (2) that there are no outstanding debts of
the | ||||||
25 | district or that the Village of Rockton has sufficient funds on | ||||||
26 | hand or
available
to satisfy any such debts; (3) that no |
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1 | federal or state permit or grant will be
impaired by | ||||||
2 | dissolution of the existing sanitary
district; (4) that the | ||||||
3 | Village of Rockton agrees to assume all assets and
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4 | responsibilities of the sanitary district; and (5) that | ||||||
5 | adequate notice has
been
given to the
Illinois
Environmental | ||||||
6 | Protection Agency regarding the dissolution of the sanitary
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7 | district. Any costs associated with the dissolution of the | ||||||
8 | existing sanitary
district may be taxed against the sanitary | ||||||
9 | district once the Village of Rockton
has
acquired all the | ||||||
10 | assets and responsibilities of the district.
The sanitary
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11 | district may file an appeal with the circuit court, which shall | ||||||
12 | hold a hearing,
to determine whether the requirements of this | ||||||
13 | section has been met. If the
court finds that the requirements | ||||||
14 | of this section have been met, it shall
uphold the action of | ||||||
15 | the Village of Rockton to dissolve the district. If the
court
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16 | finds that said requirements have not been met, it shall order | ||||||
17 | that the
sanitary district not be dissolved.
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18 | (c) The Round Lake Sanitary District may dissolve itself | ||||||
19 | upon entering into an agreement with the County of Lake for the | ||||||
20 | County to acquire all of the assets and responsibilities of the | ||||||
21 | Round Lake Sanitary District. Upon dissolution of the District, | ||||||
22 | the statutory powers of the former District shall be exercised | ||||||
23 | by the county board of Lake County. Within 60 days after the | ||||||
24 | effective date of such dissolution and agreement, the County of | ||||||
25 | Lake shall notify the Illinois Environmental Protection Agency | ||||||
26 | regarding the dissolution of the Round Lake Sanitary District |
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1 | and the dissolution agreement. | ||||||
2 | (Source: P.A. 93-567, eff. 8-20-03.)
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3 | Section 10. The Sanitary District Act of 1936 is amended by | ||||||
4 | changing Section 33 as follows:
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5 | (70 ILCS 2805/33) (from Ch. 42, par. 444)
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6 | Sec. 33.
Any sanitary district created under this Act which | ||||||
7 | does not
have outstanding and unpaid any revenue bonds issued | ||||||
8 | under the
provisions of this Act may be dissolved as follows:
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9 | (a) Any 50 electors residing within the area of any | ||||||
10 | sanitary district may
file with the circuit clerk of the county | ||||||
11 | in which the area is situated,
a petition addressed to the | ||||||
12 | circuit court to cause submission of
the question whether
the | ||||||
13 | sanitary district shall be dissolved. Upon the filing of the
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14 | petition with the clerk, the court shall certify the question | ||||||
15 | to the proper
election officials who shall submit the question | ||||||
16 | at an election in accordance
with the general election law,
and | ||||||
17 | give notice of the election in the manner provided by the
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18 | general election law.
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19 | The question shall be in substantially
the following form:
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20 | -------------------------------------------------------------
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21 | "Shall the sanitary YES
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22 | district of.... be -----------------------------
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23 | dissolved"? NO
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24 | -------------------------------------------------------------
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1 | If a majority of the
votes cast on this question are in | ||||||
2 | favor of dissolution of the sanitary
district, then such | ||||||
3 | organization shall cease, and the sanitary district
is | ||||||
4 | dissolved, and the court shall direct the sanitary district to
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5 | discharge all outstanding obligations.
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6 | (b) The County of Lake may dissolve the Fox Lake Hills | ||||||
7 | Sanitary District, thereby acquiring all of the District's | ||||||
8 | assets and responsibilities, upon adopting a resolution | ||||||
9 | stating: (1) the reasons for dissolving the District; (2) that | ||||||
10 | there are no outstanding debts of the District or that the | ||||||
11 | County has sufficient funds on hand or available to satisfy | ||||||
12 | such debts; (3) that no federal or State permit or grant will | ||||||
13 | be impaired by dissolution of the District; and (4) that the | ||||||
14 | County assumes all assets and responsibilities of the District. | ||||||
15 | Upon dissolution of the District, the statutory powers of the | ||||||
16 | former District shall be exercised by the county board of the | ||||||
17 | Lake County. Within 60 days after the effective date of such | ||||||
18 | resolution, the County of Lake shall notify the Illinois | ||||||
19 | Environmental Protection Agency regarding the dissolution of | ||||||
20 | the Fox Hills Sanitary District. | ||||||
21 | (Source: P.A. 81-1489 .)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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