SB0090 EngrossedLRB101 07422 AWJ 52464 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Drainage Code is amended by adding
5Section 10-7.3 as follows:
6    (70 ILCS 605/10-7.3 new)
7    Sec. 10-7.3. Dissolution by resolution or ordinance.
8    (a) In addition to the other methods of dissolution
9provided in this Article, if one or more municipalities account
10for at least 75% of a drainage district's territory, the
11drainage district may be dissolved if each municipality that
12has territory within the drainage district and the county in
13which the drainage district lies adopt a resolution or
14ordinance dissolving the drainage district that states:
15        (1) that there are no outstanding debts of the district
16    that have been filed with the county clerk; and
17        (2) that federal or State permits or grants will not be
18    impaired by dissolution of the district.
19    (b) Upon adoption of the required resolutions or ordinances
20under subsection (a), the county shall file a petition for
21dissolution of the drainage district with the circuit court.
22The court shall set a time for an initial hearing on the
23petition for dissolution with written notice to be provided to



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1all municipalities that have territory within the drainage
2district and to the commissioners of the drainage district. If
3the court is satisfied after conducting the initial hearing
4that the conditions required for dissolution have been met, the
5court shall enter an order providing:
6        (1) that the commissioners of the district shall file
7    within 60 days a final financial report of commissioners.
8    If a final financial report of commissioners is not timely
9    filed, the county shall file a verified statement
10    indicating the amount of any funds held by the county
11    treasurer belonging to the drainage district; and
12        (2) that the commissioners of the district shall file a
13    report within 60 days to the court listing all property of
14    the district, both real and personal, including the title
15    to any drains, levees, rights-of-way, or other works upon
16    which the district's drainage system is located. Should the
17    commissioners of the drainage district fail to file a
18    report listing all property, the county shall file its own
19    report based on information available to the county and
20    from public records.
21    (c) After all reports have been filed, the court shall set
22a hearing to determine and enter requested transfer orders and
23enter an order dissolving the drainage district.
24    (d) On the date of dissolution of the district, all drains,
25levees, and other works constituting the drainage system of the
26district and the rights-of-way, if any, on which the same are



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1situated shall be deemed to be for the mutual benefit of the
2lands formerly in the district as provided in Section 10-11.
3Additional powers of the former district, except those in
4Article V, shall be exercised by the respective municipalities
5where the various parts of the former district are located and
6by the county for any areas contained in the former district
7outside of municipalities. Any property owned by the former
8district becomes property of the county to be used for the
9benefit of the drainage system of the former district unless
10the county, by resolution, gives it to one or more of the
11municipalities that will be exercising the powers of the former
13    (e) If the former district had levied an assessment that is
14still effective on the date of dissolution, then the county in
15which the drainage district lies has the authority to continue
16to collect, receive, and expend the proceeds of the assessment
17within the boundaries of the former drainage district and the
18proceeds shall be expended or disposed of by the county in the
19same manner as the proceeds may have been expended or disposed
20by the former drainage district. No later than 60 days after
21the date of dissolution, the county board shall, by ordinance
22or resolution:
23        (1) reduce the assessment to an amount necessary to
24    continue operation of the former drainage district's
25    drainage structures and drainage system until the levy
26    expires; or



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1        (2) eliminate the assessment if the county board
2    determines the municipality or municipalities and county
3    have sufficient revenue to operate the drainage structures
4    and drainage system within each respective unit's
5    boundaries.
6    (f) No later than 60 days after the date of dissolution of
7the district, the county shall notify the Illinois
8Environmental Protection Agency of the dissolution of the
10    (g) If (1) the former drainage district is located in a
11county with a county stormwater committee operating under
12Section 5-1062 of the Counties Code, (2) the municipalities
13accounting for at least 75% of the territory of the former
14drainage district agree that the county stormwater committee
15shall exercise the powers of the former drainage district
16within the municipalities and county for the drainage system of
17the former drainage district, and (3) delegation of authority
18to the county stormwater committee is included in the
19resolution or ordinance to dissolve the drainage district by
20each municipality and county accounting for at least 75% of the
21territory of the former drainage district, then the county
22shall have the authority to continue to levy the former
23drainage district assessment in the territory of the former
24drainage district to be used by the county stormwater committee
25for the benefit of the former drainage district's drainage
26system. Funds from this levy shall be budgeted and appropriated



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1separate from the county stormwater committee's other
2operations. If resolutions or ordinances are adopted as
3provided in this subsection, the former drainage district levy
4shall not expire and, if extended, the county shall not exceed
5the rate of the last assessment of the former drainage
7    (h) This Section only applies to drainage districts wholly
8or partially contained within the Lake Michigan Watershed,
9Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox
10River Watershed.