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| | SB3429 Engrossed | | LRB103 37549 AWJ 67673 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Sanitary District Act of 1936 is amended by |
| 5 | | changing Section 32a.5 as follows:
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| 6 | | (70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5) |
| 7 | | Sec. 32a.5. Disconnection of contiguous territory on the |
| 8 | | border of a district. |
| 9 | | (a) Any contiguous territory located within the boundaries |
| 10 | | of any sanitary district organized under this Act, and upon |
| 11 | | the border of such district, may become disconnected from such |
| 12 | | district in the manner provided in this Section. Ten per cent |
| 13 | | or more of the legal voters resident in the territory sought to |
| 14 | | be disconnected from such district, may petition the circuit |
| 15 | | court for the county in which the original petition for the |
| 16 | | organization of the district was filed, to cause the question |
| 17 | | of such disconnection to be submitted to the legal voters of |
| 18 | | such territory whether the territory shall be disconnected. |
| 19 | | The petition shall be addressed to the court and shall contain |
| 20 | | a definite description of the boundaries of such territory and |
| 21 | | recite as a fact, that as of the date the petition is filed |
| 22 | | there is no bonded indebtedness of the sanitary district |
| 23 | | outstanding and that no special assessments for local |
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| | SB3429 Engrossed | - 2 - | LRB103 37549 AWJ 67673 b |
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| 1 | | improvements were levied upon or assessed against any of the |
| 2 | | lands within such territory or if so levied or assessed, that |
| 3 | | all of such assessments have been fully paid and discharged |
| 4 | | and that such territory is not, at the time of the filing of |
| 5 | | such petition, and will not be, either benefited or served by |
| 6 | | any work or improvements either then existing or then |
| 7 | | authorized by the sanitary district. Upon filing such petition |
| 8 | | in the office of the circuit clerk of the county in which the |
| 9 | | original petition for the formation of such sanitary district |
| 10 | | has been filed it is the duty of the court to consider the |
| 11 | | boundaries of such territory and the facts upon which the |
| 12 | | petition is founded. The court may alter the boundaries of |
| 13 | | such territory and shall deny the prayer of the petition, if |
| 14 | | the material allegations therein contained are not founded in |
| 15 | | fact. The decision of the court is appealable as in other civil |
| 16 | | cases. |
| 17 | | Notice shall be given by the court of the time and place |
| 18 | | when and where all persons interested will be heard |
| 19 | | substantially as provided in and by Section 1 of this Act. The |
| 20 | | conduct of the hearing on the question whether such territory |
| 21 | | shall become disconnected shall be, as nearly as possible, in |
| 22 | | accordance with Section 1 of this Act. The court shall certify |
| 23 | | the question to the proper election officials who shall submit |
| 24 | | the question at an election in accordance with the general |
| 25 | | election law. The question shall be in substantially the |
| 26 | | following form: |
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| | SB3429 Engrossed | - 3 - | LRB103 37549 AWJ 67673 b |
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| 1 | | ----------------------------------------------
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| 2 | | For disconnection from sanitary district.
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| 3 | | -------------------------------------------------------------
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| 4 | | Against disconnection from sanitary district.
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| 5 | | ------------------------------------------------------------- |
| 6 | | If a majority of the votes cast on the question shall be in |
| 7 | | favor of disconnection, and if the trustees of such sanitary |
| 8 | | district shall, by ordinance, disconnect such territory, |
| 9 | | thereupon the court shall enter an appropriate order of record |
| 10 | | in the court and thereafter such territory shall be deemed |
| 11 | | disconnected from such sanitary district. |
| 12 | | (b) Contiguous territory located within the boundaries of |
| 13 | | a sanitary district organized under this Act and upon the |
| 14 | | border of the district may become disconnected from the |
| 15 | | district without following the procedures of subsection (a) by |
| 16 | | ordinance or resolution of both the sanitary district and the |
| 17 | | unit of local government or another sanitary district within |
| 18 | | which the territory is located if (i) there are no outstanding |
| 19 | | bond payments or debts to be repaid or (ii) the acquiring |
| 20 | | sanitary district process of wastewater treatment exceeds the |
| 21 | | acquiree wastewater treatment process as defined by the United |
| 22 | | States Environmental Protection Agency's Primer for Municipal |
| 23 | | Wastewater Treatment Systems or a successor document. |
| 24 | | (Source: P.A. 100-201, eff. 8-18-17.)
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