70 ILCS 3615/5.05
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 3615/ - Regional Transportation Authority Act.|Article V - Procedures And Miscellaneous Provisions

 (from Ch. 111 2/3, par. 705.05)Sec. 5.05.     Opt Out.(a) Notwithstanding any other provision of this  Act, if the County Board of the County of DuPage, Kane, Lake, McHenry or  Will by ordinance authorizes that such county shall elect to terminate the  powers of the Authority and the Suburban Bus Division in that County, the  Secretary of such County Board shall certify that proposition to the proper  election officials, who shall submit such proposition at an election in  accordance with the general election law to decide whether or not the County  shall opt out; and if a majority of the voters voting upon the proposition  is in favor of terminating the powers of the Authority and the Suburban  Bus Division those powers shall be terminated.The form of the ballot to be used at the referendum shall be substantially  as follows:    --------------------------------------------------------------Shall ..... County Terminate thePowers of the Regional Transportation        YESAuthority and the Suburban Bus          ----------------------Division in .... County                       NOon ..... (date)--------------------------------------------------------------If a majority of the voters vote in favor of terminating the powers of  the Authority and the Suburban Bus Division then all of the powers of the  Authority and the Suburban Bus Division shall terminate in such county  except those powers and functions which the Authority determines to be  necessary to exercise with regard to:(i) public transportation by commuter rail, and     related public transportation facilities;(ii) public transportation other than by commuter     rail which is required in order to comply with federal or State laws and regulations, and related public transportation facilities; and(iii) public transportation other than by commuter     rail provided by the Suburban Bus Division pursuant to contract with the County or other governmental entity therein, and related public transportation facilities.(b) The termination of the powers of the Authority and the Suburban Bus  Division referred to in paragraph  (a) of this Section with respect to any County shall occur on approval of  the referendum by the electors provided on or prior to the date of such  termination, such County shall have:(i) assumed the obligations of the Authority under     all laws, federal or State, and all contracts with respect to public transportation or public transportation facilities in such County, which statutory or contractual obligations extend beyond the termination date provided for in accordance with paragraph (c) of this Section provided that such obligations shall not be deemed to include any indebtedness of the Authority for borrowed money;(ii) agreed to indemnify and hold harmless the     Authority against any and all claims, actions and liabilities arising out of or in connection with the termination of the Authority's powers and functions pursuant to paragraph (a) of this Section; and(iii) taken or caused to be taken all necessary     actions and fulfilled or caused to be fulfilled all requirements under federal and State laws, rules and regulations with respect to such termination and any related transfers of assets or liabilities of the Authority.  A County may, by mutual agreement with the Authority, permit the Authority to fulfill one or more contracts which by their terms extend beyond the termination date provided for in accordance with paragraph (c) of this Section, in which case the powers and functions of the Authority in that County shall survive only to the extent deemed necessary by the Authority to fulfill said contract or contracts. The satisfaction of the requirements provided for in this paragraph shall be evidenced in such manner as the Authority may require.(c) Following an election to terminate the powers of the Authority and  the Suburban Bus Division at a referendum held under paragraph (a) of this  Section the County Board shall notify the Authority of the results of the  referendum which notice shall specify a termination date, which is the last  day of the calendar month, but no earlier than December 31, 1984.  Unless  the termination date is extended by mutual agreement between the County  and the Authority, the termination of the powers and functions of the Authority  in the County shall occur at midnight on the termination date, provided  that the requirements of this Section have been met.(d) The proceeds of taxes imposed by the Authority under Sections 4.03  and 4.03.1 collected after the termination date within a County wherein  the powers of the Authority and the Suburban Bus Division have been  terminated under this Section shall  be provided by the Authority  to the Commuter Rail Board to support services under the jurisdiction of  the Commuter Rail Board which are attributable to that County, as determined  by the Commuter Rail Board. Any proceeds which are in excess of that necessary  to support such services shall be paid by the Authority to that County to  be expended for general transportation purposes in accordance with law.  If no services under the jurisdiction of the Commuter Rail Board are provided  in a County wherein the powers of the Authority have been terminated under  this Section, all proceeds of taxes imposed by the Authority in the County  shall be paid by the Authority to the County to be expended for general  transportation purposes in accordance with law.  The Authority or the Suburban  Bus Division has no obligation to see that the funds expended under this  paragraph by the County are spent for general transportation purposes in  accordance with law.    (Source: P.A. 83-885; 83-886.)