LOCAL GOVERNMENT-TECH, the official text

HB0663 Enrolled                       LRB104 04550 RTM 14577 b

1   AN ACT concerning local government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Sanitary District Act of 1936 is amended by

5 changing Section 33 as follows:

6   (70 ILCS 2805/33) (from Ch. 42, par. 444)

7   Sec. 33. Except as provided in Section 33.1, any sanitary

8 district created under this Act which does not have

9 outstanding and unpaid any revenue bonds issued under the

10 provisions of this Act may be dissolved as follows:

11  (a) Any 50 electors residing within the area of any

12 sanitary district may file with the circuit clerk of the

13 county in which the area is situated, a petition addressed to

14 the circuit court to cause submission of the question whether

15 the sanitary district shall be dissolved. Upon the filing of

16 the petition with the clerk, the court shall certify the

17 question to the proper election officials who shall submit the

18 question at an election in accordance with the general

19 election law, and give notice of the election in the manner

20 provided by the general election law.

21  The question shall be in substantially the following form:

22  ------------------------------------------------------------

23  "Shall the sanitary                   YES
    HB0663 Enrolled    -2-                LRB104 04550 RTM 14577 b

1 district of .... be       --------------------------

2 dissolved?"                             NO

3   ------------------------------------------------------------

4   If a majority of the votes cast on this question are in

5 favor of dissolution of the sanitary district, then such

6 organization shall cease, and the sanitary district is

7 dissolved, and the court shall direct the sanitary district to

8 discharge all outstanding obligations.

9   (b) The County of Lake may dissolve the Fox Lake Hills

10 Sanitary District, thereby acquiring all of the District's

11 assets and responsibilities, upon adopting a resolution

12 stating: (1) the reasons for dissolving the District; (2) that

13 there are no outstanding debts of the District or that the

14 County has sufficient funds on hand or available to satisfy

15 such debts; (3) that no federal or State permit or grant will

16 be impaired by dissolution of the District; and (4) that the

17 County assumes all assets and responsibilities of the

18 District. Upon dissolution of the District, the statutory

19 powers of the former District shall be exercised by the county

20 board of the Lake County. Within 60 days after the effective

21 date of such resolution, the County of Lake shall notify the

22 Illinois Environmental Protection Agency regarding the

23 dissolution of the Fox Hills Sanitary District.

24  (c) The board of trustees of the of the Village of

25 Lindenhurst may, by ordinance, terminate the terms of all

26 members of the board of trustees of the Lindenhurst Sanitary
    HB0663 Enrolled              -3-  LRB104 04550 RTM 14577 b

1 District and the powers of the Lindenhurst Sanitary District

2 shall be exercised by the board of trustees of the Village of

3 Lindenhurst, including the District's authority to levy and

4 collect taxes.

5   Once there are no debts of the Lindenhurst Sanitary

6 District or the Village of Lindenhurst has sufficient funds on

7 hand or available to satisfy any debts of the District, the

8 board of trustees of the Village of Lindenhurst may dissolve

9 the Lindenhurst Sanitary District and acquire all of the

10 District's assets and responsibilities if it adopts an

11 ordinance stating: (1) the reasons for dissolving the

12 District; (2) that there are no outstanding debts of the

13 District or that the Village has sufficient funds on hand or

14 available to satisfy the debts; (3) that no federal or State

15 permit or grant will be impaired by dissolution of the

16 District; and (4) that the Village assumes all assets and

17 responsibilities of the District. Upon dissolution of the

18 District, the statutory powers of the former District shall be

19 exercised by the board of trustees of the Village of

20 Lindenhurst. No later than 60 days after the effective date of

21 the ordinance, the Village of Lindenhurst shall notify the

22 Illinois Environmental Protection Agency regarding the

23 dissolution of the District.

24  (d) The Southeast Joliet Sanitary District may be

25 dissolved and transfer its assets, liabilities, and

26 responsibilities to the City of Joliet and, if necessary, the
HB0663 Enrolled  -4-  LRB104 04550 RTM 14577 b

 1 County of Will, if: (1) the board of the District adopts a
 2 resolution dissolving the District; and (2) the city council
 3 of the City of Joliet adopts a resolution, within 14 days after
 4 the District's resolution accepting the transfer. The
 5 dissolution and transfer shall not be effective until the
 6 resolutions described in this subsection (d) have been adopted
 7 by the District and the City. Each resolution must state: (1)
 8 the reasons for dissolving the District; (2) that there are no
 9 outstanding debts of the District or that the City of Joliet
10 has sufficient funds on hand or available to satisfy the debts
11 of the District; (3) that no federal or State permit or grant
12 will be impaired by the dissolution of the District; and (4)
13 that the City of Joliet assumes all assets and
14 responsibilities of the District, except for those assets the
15 City of Joliet deems to be unnecessary for continued operation
16 of the District's facilities. The County of Will shall take
17 responsibility for and control over assets deemed unnecessary
18 by the City of Joliet. Upon dissolution, the statutory powers
19 previously held by the District shall be held and exercised by
20 the City of Joliet. No later than 60 days after the effective
21 date of the City of Joliet's resolution, the City of Joliet
22 shall notify the Illinois Environmental Protection Agency
23 regarding the dissolution of the Southeast Joliet Sanitary
24 District.
25 (Source: P.A. 100-201, eff. 8-18-17; 100-874, eff. 1-1-19;
26 101-111, eff. 7-19-19.)