Full Text of SB0090 101st General Assembly
SB0090eng 101ST GENERAL ASSEMBLY |
| | SB0090 Engrossed | | LRB101 07422 AWJ 52464 b |
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| 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 Illinois Drainage Code is amended by adding | 5 | | Section 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 | 9 | | provided in this Article, if one or more municipalities account | 10 | | for at least 75% of a drainage district's territory, the | 11 | | drainage district may be dissolved if each municipality that | 12 | | has territory within the drainage district and the county in | 13 | | which the drainage district lies adopt a resolution or | 14 | | ordinance 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 | 20 | | under subsection (a), the county shall file a petition for | 21 | | dissolution of the drainage district with the circuit court. | 22 | | The court shall set a time for an initial hearing on the | 23 | | petition for dissolution with written notice to be provided to |
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| 1 | | all municipalities that have territory within the drainage | 2 | | district and to the commissioners of the drainage district. If | 3 | | the court is satisfied after conducting the initial hearing | 4 | | that the conditions required for dissolution have been met, the | 5 | | court 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 | 22 | | a hearing to determine and enter requested transfer orders and | 23 | | enter an order dissolving the drainage district. | 24 | | (d) On the date of dissolution of the district, all drains, | 25 | | levees, and other works constituting the drainage system of the | 26 | | district and the rights-of-way, if any, on which the same are |
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| 1 | | situated shall be deemed to be for the mutual benefit of the | 2 | | lands formerly in the district as provided in Section 10-11. | 3 | | Additional
powers of the former district, except those in | 4 | | Article V, shall be exercised by the respective municipalities | 5 | | where the various parts of the former district are located and | 6 | | by the county for any areas contained in the former district | 7 | | outside of municipalities. Any property owned by the former | 8 | | district becomes property of the county to be used for the | 9 | | benefit of the drainage system of the former district unless | 10 | | the county, by resolution, gives it to one or more of the | 11 | | municipalities that will be exercising the powers of the former | 12 | | district. | 13 | | (e) If the former district had levied an assessment that is | 14 | | still effective on the date of dissolution, then the county in | 15 | | which the drainage district lies has the authority to continue | 16 | | to collect, receive, and expend the proceeds of the assessment | 17 | | within the boundaries of the former drainage district and the | 18 | | proceeds shall be expended or disposed of by the county in the | 19 | | same manner as the proceeds may have been expended or disposed | 20 | | by the former drainage district. No later than 60 days after | 21 | | the date of dissolution, the county board shall, by ordinance | 22 | | or 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 | 7 | | the district, the county shall notify the Illinois | 8 | | Environmental Protection Agency of the dissolution of the | 9 | | district. | 10 | | (g) If (1) the former drainage district is located in a | 11 | | county with a county stormwater committee operating under | 12 | | Section 5-1062 of the Counties Code, (2) the municipalities | 13 | | accounting for at least 75% of the territory of the former | 14 | | drainage district agree that the county stormwater committee | 15 | | shall exercise the powers of the former drainage district | 16 | | within the municipalities and county for the drainage system of | 17 | | the former drainage district, and (3) delegation of authority | 18 | | to the county stormwater committee is included in the | 19 | | resolution or ordinance to dissolve the drainage district by | 20 | | each municipality and county accounting for at least 75% of the | 21 | | territory of the former drainage district, then the county | 22 | | shall have the authority to continue to levy the former | 23 | | drainage district assessment in the territory of the former | 24 | | drainage district to be used by the county stormwater committee | 25 | | for the benefit of the former drainage district's drainage | 26 | | system. Funds from this levy shall be budgeted and appropriated |
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| 1 | | separate from the county stormwater committee's other | 2 | | operations. If resolutions or ordinances are adopted as | 3 | | provided in this subsection, the former drainage district levy | 4 | | shall not expire and, if extended, the county shall not exceed | 5 | | the rate of the last assessment of the former drainage | 6 | | district. | 7 | | (h) This Section only applies to drainage districts wholly | 8 | | or partially contained within the Lake Michigan Watershed, | 9 | | Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox | 10 | | River Watershed.
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