Public Act 103-0996

SB3429 Enrolled LRB103 37549 AWJ 67673 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 Sanitary District Act of 1936 is amended by

changing Section 32a.5 as follows:

(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)

Sec. 32a.5. Disconnection of contiguous territory on the

border of a district.

(a) Any contiguous territory located within the boundaries

of any sanitary district organized under this Act, and upon

the border of such district, may become disconnected from such

district in the manner provided in this Section. Ten per cent

or more of the legal voters resident in the territory sought to

be disconnected from such district, may petition the circuit

court for the county in which the original petition for the

organization of the district was filed, to cause the question

of such disconnection to be submitted to the legal voters of

such territory whether the territory shall be disconnected.

The petition shall be addressed to the court and shall contain

a definite description of the boundaries of such territory and

recite as a fact, that as of the date the petition is filed

there is no bonded indebtedness of the sanitary district

outstanding and that no special assessments for local

improvements were levied upon or assessed against any of the

lands within such territory or if so levied or assessed, that

all of such assessments have been fully paid and discharged

and that such territory is not, at the time of the filing of

such petition, and will not be, either benefited or served by

any work or improvements either then existing or then

authorized by the sanitary district. Upon filing such petition

in the office of the circuit clerk of the county in which the

original petition for the formation of such sanitary district

has been filed it is the duty of the court to consider the

boundaries of such territory and the facts upon which the

petition is founded. The court may alter the boundaries of

such territory and shall deny the prayer of the petition, if

the material allegations therein contained are not founded in

fact. The decision of the court is appealable as in other civil

cases.

Notice shall be given by the court of the time and place

when and where all persons interested will be heard

substantially as provided in and by Section 1 of this Act. The

conduct of the hearing on the question whether such territory

shall become disconnected shall be, as nearly as possible, in

accordance with Section 1 of this Act. The court shall certify

the question to the proper election officials who shall submit

the question at an election in accordance with the general

election law. The question shall be in substantially the

following form:

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For disconnection from sanitary district.

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Against disconnection from sanitary district.

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If a majority of the votes cast on the question shall be in

favor of disconnection, and if the trustees of such sanitary

district shall, by ordinance, disconnect such territory,

thereupon the court shall enter an appropriate order of record

in the court and thereafter such territory shall be deemed

disconnected from such sanitary district.

(b) Contiguous territory located within the boundaries of

a sanitary district organized under this Act and upon the

border of the district may become disconnected from the

district without following the procedures of subsection (a) by

ordinance or resolution of both the sanitary district and the

unit of local government or another sanitary district within

which the territory is located if (i) there are no outstanding

bond payments or debts to be repaid or (ii) the acquiring

sanitary district process of wastewater treatment exceeds the

acquiree wastewater treatment process as defined by the United

States Environmental Protection Agency's Primer for Municipal

Wastewater Treatment Systems or a successor document.

(Source: P.A. 100-201, eff. 8-18-17.)