Bill Text: IL SB2452 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Sanitary District Act of 1936. Provides that the Lakes Region Sanitary District may dissolve itself upon entering into a dissolution agreement with Lake County for the county to acquire all of the assets and responsibilities of the district. Provides that upon dissolution of the district, the statutory powers of the former district shall be exercised by the county board of Lake County. Provides that no later than 60 days after the effective date of the dissolution, Lake County shall notify the Illinois Environmental Protection Agency of the dissolution of the Lakes Region Sanitary District and providing a copy of the dissolution agreement to the Agency. Makes conforming changes.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2452 Detail]
Download: Illinois-2017-SB2452-Engrossed.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 1936 is amended by | ||||||
5 | changing Sections 33 and 35 and by adding Section 33.1 as | ||||||
6 | follows:
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7 | (70 ILCS 2805/33) (from Ch. 42, par. 444)
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8 | Sec. 33.
Except as provided in Section 33.1, any Any | ||||||
9 | sanitary district created under this Act which does not
have | ||||||
10 | outstanding and unpaid any revenue bonds issued under the
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11 | provisions of this Act may be dissolved as follows:
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12 | (a) Any 50 electors residing within the area of any | ||||||
13 | sanitary district may
file with the circuit clerk of the county | ||||||
14 | in which the area is situated,
a petition addressed to the | ||||||
15 | circuit court to cause submission of
the question whether
the | ||||||
16 | sanitary district shall be dissolved. Upon the filing of the
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17 | petition with the clerk, the court shall certify the question | ||||||
18 | to the proper
election officials who shall submit the question | ||||||
19 | at an election in accordance
with the general election law,
and | ||||||
20 | give notice of the election in the manner provided by the
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21 | general election law.
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22 | The question shall be in substantially
the following form:
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23 | -------------------------------------------------------------
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1 | "Shall the sanitary YES
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2 | district of .... be ----------------------------
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3 | dissolved?" NO
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4 | -------------------------------------------------------------
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5 | If a majority of the
votes cast on this question are in | ||||||
6 | favor of dissolution of the sanitary
district, then such | ||||||
7 | organization shall cease, and the sanitary district
is | ||||||
8 | dissolved, and the court shall direct the sanitary district to
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9 | discharge all outstanding obligations.
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10 | (b) The County of Lake may dissolve the Fox Lake Hills | ||||||
11 | Sanitary District, thereby acquiring all of the District's | ||||||
12 | assets and responsibilities, upon adopting a resolution | ||||||
13 | stating: (1) the reasons for dissolving the District; (2) that | ||||||
14 | there are no outstanding debts of the District or that the | ||||||
15 | County has sufficient funds on hand or available to satisfy | ||||||
16 | such debts; (3) that no federal or State permit or grant will | ||||||
17 | be impaired by dissolution of the District; and (4) that the | ||||||
18 | County assumes all assets and responsibilities of the District. | ||||||
19 | Upon dissolution of the District, the statutory powers of the | ||||||
20 | former District shall be exercised by the county board of the | ||||||
21 | Lake County. Within 60 days after the effective date of such | ||||||
22 | resolution, the County of Lake shall notify the Illinois | ||||||
23 | Environmental Protection Agency regarding the dissolution of | ||||||
24 | the Fox Hills Sanitary District. | ||||||
25 | (Source: P.A. 99-783, eff. 8-12-16; 100-201, eff. 8-18-17.)
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1 | (70 ILCS 2805/33.1 new) | ||||||
2 | Sec. 33.1. Dissolution of Lakes Region Sanitary District. | ||||||
3 | The Lakes Region Sanitary District may dissolve itself upon | ||||||
4 | entering into a dissolution agreement with Lake County for the | ||||||
5 | county to acquire all of the assets and responsibilities of the | ||||||
6 | district. Upon dissolution of the district, the statutory | ||||||
7 | powers of the former district shall be exercised by the county | ||||||
8 | board of Lake County. No later than 60 days after the effective | ||||||
9 | date of the dissolution, Lake County shall notify the Illinois | ||||||
10 | Environmental Protection Agency of the dissolution of the Lakes | ||||||
11 | Region Sanitary District and provide a copy of the dissolution | ||||||
12 | agreement to the Agency.
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13 | (70 ILCS 2805/35) (from Ch. 42, par. 446)
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14 | Sec. 35.
The dissolution of any sanitary district shall not | ||||||
15 | affect the
obligation of any bonds issued or contracts entered | ||||||
16 | into by such district,
nor invalidate the levy, extension or | ||||||
17 | collection of any taxes or special
assessments upon the | ||||||
18 | property in the debtor district, but all such bonds
and | ||||||
19 | contracts shall be discharged.
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20 | All money remaining after the business affairs of the | ||||||
21 | sanitary district
have been closed up and all the debts and | ||||||
22 | obligations of the sanitary
district have been paid, shall be | ||||||
23 | paid to the school treasurer of the
school district in which | ||||||
24 | the sanitary district was situated, not including
high school | ||||||
25 | districts ; except that after the business affairs of the Lakes |
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1 | Region Sanitary District have been closed up and all the debts | ||||||
2 | and obligations of the Lakes Region Sanitary District have been | ||||||
3 | paid after dissolution under Section 33.1, all money remaining | ||||||
4 | shall be paid to Lake County . When the district was situated in | ||||||
5 | two or more such
school districts the money shall be divided | ||||||
6 | between the districts, each
district to receive an amount based | ||||||
7 | on the ratio of assessed valuation of
real estate of the | ||||||
8 | district which was situated in the sanitary district to
the | ||||||
9 | assessed valuation of the real estate of all school districts | ||||||
10 | which
were situated in the sanitary district.
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11 | (Source: Laws 1957, p. 349.)
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