(70 ILCS 2405/4.1) (from Ch. 42, par. 303.1)
Sec. 4.1.
Whenever a sanitary district has 2 or more municipalities
or townships within its
boundaries, it may pass an ordinance expressing its desire
to change the name of the sanitary
district, and shall proceed as follows:
1. Proceedings. Before action is had upon such ordinance
the name proposed to be given to such
sanitary district shall be filed with the Secretary of State.
After the proposed name
has been on file for 60 days and it appears from information
in his office that the proposed
name has not been adopted by any sanitary district, the
Secretary of State shall grant
a certificate so stating. If the proposed name is the
same as the name of another
sanitary district in Illinois, the Secretary of State shall
inform the petitioners thereof.
The petitioners then may file another proposed name with the
Secretary of State
and they may proceed in the manner set forth in this Section.
The board of trustees shall not act
upon such ordinance until the Secretary of State has issued
such certificate.
2. The ordinance shall request that the name of the
sanitary district be changed,
and also shall request that the circuit court of the specified
county submit the question of the
change of name to the electors of the district by a public
hearing. The judge of the circuit court shall enter
an order fixing the time for the hearing upon the ordinance and the day
of the hearing shall be not less than 20 nor more than 30
days after the filing of the ordinance.
The board of trustees shall give notice of the ordinance
not more than 30 nor less
than 15 days before the date fixed for the hearing. This
notice shall state that an ordinance has
been filed and give the substance thereof, including the
proposed name change and the date fixed
for the hearing. This notice shall be given by publishing
a notice thereof at least once in one
or more newspapers published in the sanitary district
territory, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within
the sanitary district
territory. A copy of this notice shall be filed with the
clerk of the circuit court.
3. Hearing Petition and Objections. The court shall hold
a hearing on such ordinance
and all objections thereto, at the time fixed in such notice.
If the court is satisfied that
a change of name is desirable, it shall make an order changing
the name
and adopting the name requested
in the ordinance.
4. Order Filed with Secretary of State - Judicial Notice
of Change - Publishing or Posting Notice. If a change of name
is made the board of trustees shall file a copy of the order
making the change with the Secretary of State. The courts
shall take judicial notice of the change of name. The board
of trustees shall publish a notice of the change at least once
in one or more newspapers published in the sanitary district
territory, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
sanitary district territory. In sanitary districts with less
than 500 population in which no newspaper is published,
publication may instead be made by posting a notice in 3
prominent places within the sanitary district.
5. No rights, duties or privileges of such sanitary district,
or those of any person, existing before the change of name, shall
be affected by a change of name as provided by this Act. All
proceedings pending in any court in favor of or against such
sanitary district may continue to final consummation under the
name in which they were commenced.
6. If the name of any sanitary district is changed without
complying with this Act; all proceedings instituted or acts done
under the name as changed shall be valid if they would have been
valid if done under the old name.
(Source: P.A. 86-129.)
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