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Public Act 101-0298


 

Public Act 0298 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0298
 
SB0090 EnrolledLRB101 07422 AWJ 52464 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Drainage Code is amended by adding
Section 10-7.3 as follows:
 
    (70 ILCS 605/10-7.3 new)
    Sec. 10-7.3. Dissolution by resolution or ordinance.
    (a) In addition to the other methods of dissolution
provided in this Article, if one or more municipalities account
for at least 75% of a drainage district's territory, the
drainage district may be dissolved if each municipality that
has territory within the drainage district and the county in
which the drainage district lies adopt a resolution or
ordinance dissolving the drainage district that states:
        (1) that there are no outstanding debts of the district
    that have been filed with the county clerk; and
        (2) that federal or State permits or grants will not be
    impaired by dissolution of the district.
    (b) Upon adoption of the required resolutions or ordinances
under subsection (a), the county shall file a petition for
dissolution of the drainage district with the circuit court.
The court shall set a time for an initial hearing on the
petition for dissolution with written notice to be provided to
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
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
    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
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.

Effective Date: 1/1/2020