2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 13 - Dissolution

(70 ILCS 1205/Art. 13 heading)
ARTICLE 13.  
		DISSOLUTION
(70 ILCS 1205/13-1) (from Ch. 105, par. 13-1)
Sec. 13-1. 
		A park district may be dissolved in the following manner:
Whenever legal voters in the district, equal to two-thirds of the vote
cast at the last preceding park district election for the commissioner who
received the greatest number of votes, but not less than 20% of the legal
voters of the district, petition the board of the park district for
submission of the question whether the park district will dissolve its
incorporation, the board shall (1) certify that question to the proper
election officials for submission to the legal voters of the district, (2)
designate the election at which the question is to be submitted, and (3)
give notice of the referendum as required by the general election law.
(Source: P.A. 87-592.)
(70 ILCS 1205/13-2) (from Ch. 105, par. 13-2)
Sec. 13-2. 
		
		The proposition shall read substantially as
follows:
--------------------------------------------------------------
Shall the park                  YES
district known as....         --------------------------------
be dissolved?                       NO
--------------------------------------------------------------
The election shall be conducted in the manner provided by the general election
law and the board of the district, shall
have the results entered upon the records of the district.
(Source: P.A. 81-1489.)
(70 ILCS 1205/13-3) (from Ch. 105, par. 13-3)
Sec. 13-3. 
		
		If two-thirds of the votes cast on the proposition are in favor of the
proposal to dissolve the district, the district is dissolved. If the
proposal that the district be dissolved fails to receive the affirmative
vote of two-thirds of those voting upon the proposal, the board of the
district shall proceed with the affairs of the district as though the
election had never been held. After a defeat, the proposition shall not
be submitted to a vote for a period of 2 years.
(Source: P.A. 81-1489.)
(70 ILCS 1205/13-4) (from Ch. 105, par. 13-4)
Sec. 13-4. 
		
		If the vote is in favor of a voluntary dissolution of the park
district, there shall be no further elections for or appointment of members
of the board of the district. The officers acting at the time of the vote
shall close up the affairs of the district and make the necessary
conveyances of the property of the district. They may levy and collect
taxes for the purpose of paying the debts and obligations of the district,
but they shall not create any new obligation against the district.
(Source: Laws 1963, p. 915.)
(70 ILCS 1205/13-5) (from Ch. 105, par. 13-5)
Sec. 13-5. 
		
		All money remaining after the business affairs of the park
district have been closed up and all the debts and obligations of the
district have been paid, shall be paid to the school treasurer for the
township in which the park district, or the greater part thereof, was
situated. This money shall become a part of the school fund of the school
district in which the park district was situated. If the park district was
situated in more than one school district, the trustees of schools for the
specified township shall direct the treasurer for that township to
distribute and credit the fund to the specified districts, in the same
proportion as the amounts of the assessed valuation of property in these
districts, according to the last assessment in these districts, bear to
each other.
(Source: Laws 1963, p. 915.)
(70 ILCS 1205/13-6) (from Ch. 105, par. 13-6)
Sec. 13-6. 
		
		If the vote is in favor of dissolution, the acting board
of the dissolved park district shall, within 10 days after the referendum,
file a notice of the result of the referendum with the
county clerk of the
county in which the dissolved park district was situated, or, if the
district was situated in more than one county, with the county clerk of
each county in which any part of the district was situated.
(Source: P.A. 81-1489.)
(70 ILCS 1205/13-7) (from Ch. 105, par. 13-7)
Sec. 13-7. 
		
		After the acting officers of the dissolved park district (1)
have paid all of the debts and obligations of the district, (2) have closed
up all of the business of the district, and (3) the surplus money, if any,
has been paid to the school treasurer for the proper township, then the
acting officers of the district shall file with the county clerk or clerks
designated in Section 13-6, a statement under oath showing all of the
closing up transactions. When this statement is filed, the duty to close up
the district business is terminated, and all the officers of the district,
whether the terms for which they were elected have expired or not, shall
thereupon cease to have any power or authority.
(Source: Laws 1963, p. 915.)
(70 ILCS 1205/13-8) (from Ch. 105, par. 13-8)
Sec. 13-8. 
		
		In addition to the method of dissolution provided in other
sections of this Article, any park district situated wholly within the
corporate limits of a city, village or incorporated town (hereinafter
called a "municipality") may be dissolved and discontinued with the
consent of a majority of the legal voters of both the park district and
the municipality concerned. The vote of the people of the park district
and of the municipality may be had upon like petition, proceedings, and
referendum as is provided in Section 13-1 of this Code.
If a majority of the legal voters of the municipality concerned vote
to concur in the dissolution of the park district, then all members of
the board of the district, whether their terms have expired or not,
shall cease to have any power or authority, and all parks and all other
property owned or controlled by the park district shall vest in and be
controlled by the municipality. For the purpose of closing up the
business of the park district, the corporate authorities of the
municipality shall constitute the acting board for such district and
shall act without compensation. They shall proceed to close up the
business affairs of such park district and shall have all the powers of
the former board of such district, before dissolution, that are
necessary therefor, and shall have power to levy taxes for the purpose
of paying outstanding debts, obligations or liabilities, and the
necessary expenses of closing up the business of the park district.
If, subsequent to the dissolution of a park district under this
Section a new park district coterminous with the municipality is
organized as the result of a petition filed within one year after such
dissolution, all the parks and other property that vested in the
municipality as a result of such dissolution shall thereupon vest in the
newly organized park district, and the newly organized park district
shall succeed to all the outstanding rights and obligations of the
dissolved district, and the power and authority of the corporate
authorities of the municipality with respect to the affairs of the
dissolved district shall terminate.
(Source: P.A. 88-426.)
(70 ILCS 1205/13-9a) (from Ch. 105, par. 13-9a)
Sec. 13-9a. 
		
		A park district, the board of commissioners of which has failed
to perform the duties and functions imposed upon it subsequent to its
organization may be dissolved in the following manner:
1% of the legal voters in the district shall file a petition with the
clerk of the circuit court of the county in which the park district, or the
predominant portion thereof, shall be located requesting the dissolution of
the park district. Such petition shall clearly define the territory
embraced in such district and shall set forth the name of the district
together with such facts as shall establish that subsequent to the date of
organization of the park district, and within the period of five (5) years
immediately prior to the filing of the petition the board of park
commissioners has (1) failed to hold regular meetings of the board, (2)
failed to acquire and maintain land and facilities for park purposes within
the district, (3) failed to organize and supervise a planned program of
recreation, (4) failed to pass an annual appropriation ordinance and to
levy taxes for the purposes of the district, and (5) failed to perform the
duties and functions imposed upon it by law.
(Source: Laws 1965, p. 2535.)
(70 ILCS 1205/13-9b) (from Ch. 105, par. 13-9b)
Sec. 13-9b. 
		
		Upon the filing of a petition for dissolution under Section
13-9a the circuit judge shall set a date and time for a public hearing
thereon. Notice of the time and place of such hearing shall be given by the
clerk of the circuit court at least twenty (20) days prior to the date
fixed for such hearing by at least one publication thereof in one or more
daily or weekly newspapers having a general circulation within the park
district.
(Source: Laws 1965, p. 2535.)
(70 ILCS 1205/13-9c) (from Ch. 105, par. 13-9c)
Sec. 13-9c. 
		
		If the circuit judge finds upon such hearing that the petition
meets the requirements of this section, and that the allegations therein
contained are true, the park district shall be dissolved.
(Source: Laws 1965, p. 2535.)
(70 ILCS 1205/13-9d) (from Ch. 105, par. 13-9d)
Sec. 13-9d. 
		
		If the park district shall be dissolved by the circuit court
under the provisions of this section, the affairs of the district shall be
disposed of in the manner as provided in Sections 13-4, 13-5 and 13-7 of
"The Park District Code".
(Source: Laws 1965, p. 2535.)
(70 ILCS 1205/13-9e) (from Ch. 105, par. 13-9e)
Sec. 13-9e. 
		
		If, subsequent to the dissolution of a park district under this
section, a new park district, the greater portion of which was contained
within the area of the dissolved park district, is organized as the result
of a petition filed within one (1) year after such dissolution, all of the
parks and other property that vested in the school district as a result of
such dissolution shall thereupon vest in the newly organized park district,
and the newly organized park district shall succeed to all of the
outstanding rights and obligations of the dissolved district, and the power
and authority of the trustees of the schools or the school district with
respect to the affairs of the dissolved district shall terminate.
(Source: Laws 1965, p. 2535.)