2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 3105/ - Solid Waste Disposal District Act.

(70 ILCS 3105/1) (from Ch. 85, par. 1651)
Sec. 1. 
		
		
		This Act shall be known and may be cited as the "Solid Waste Disposal
District Act".
(Source: P.A. 76-1204.)
(70 ILCS 3105/2) (from Ch. 85, par. 1652)
Sec. 2. 
		
		
		The purpose of this Act is to provide for the creation of solid waste
disposal districts. Such districts shall be responsible for the collection
and transport of solid waste. Such districts may establish, with the prior
approval of the Environmental Protection Agency, facilities in one or more
locations for the disposal, treatment or conversion of the solid waste.
(Source: P.A. 76-2442.)
(70 ILCS 3105/3) (from Ch. 85, par. 1653)
Sec. 3. 
		Definitions. 
		As used in this Act, unless the context
otherwise requires:
"Agency" means the Illinois Environmental Protection Agency.
"District" means a solid waste disposal district organized under this
Act; "board" means the board of trustees of such a district; and "trustee"
means a trustee of such district.
"Municipal waste" means garbage, general household, institutional and
commercial waste, industrial lunchroom or office waste, landscape waste, and
construction and demolition waste.
"Solid waste" means "waste" as defined in the Environmental Protection
Act.
(Source: P.A. 87-650.)
(70 ILCS 3105/3.01) (from Ch. 85, par. 1653.01)
Sec. 3.01. 
		
		
		"Demolition materials": the wastes resulting from the destruction or
demolition of structures or buildings and include materials such as
concrete blocks, broken concrete, plaster, wire and wood lath, timbers and
wood building products and other similar non-putrescible materials.
(Source: P.A. 76-1204.)
(70 ILCS 3105/3.02) (from Ch. 85, par. 1653.02)
Sec. 3.02. 
		Garbage defined. 
		"Garbage" is waste resulting from the
handling, processing, preparation, cooking and consumption of food, and
wastes from the handling, processing, storage and sale of produce.
(Source: P.A. 87-650.)
(70 ILCS 3105/3.03) (from Ch. 85, par. 1653.03)
Sec. 3.03. 
		
		
		"Garden trash": all accumulations of grass or shrubbery cuttings, and
other refuse attending the care of lawns, shrubbery, vines, trees and tree
limbs.
(Source: P.A. 76-1204.)
(70 ILCS 3105/3.04) (from Ch. 85, par. 1653.04)
Sec. 3.04. 
		Landscape waste defined. 
		"Landscape waste" means all
accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other
materials accumulated as the result of the care of lawns, shrubbery, vines
and trees.
(Source: P.A. 87-650.)
(70 ILCS 3105/3.05) (from Ch. 85, par. 1653.05)
Sec. 3.05. 
		
		
		"Mixed refuse": any combination of garbage and trash as normally
collected in a combined pickup from residences and commercial
establishments. This may include minor amounts of demolition material or
non-combustible refuse.
(Source: P.A. 76-1204.)
(70 ILCS 3105/3.06) (from Ch. 85, par. 1653.06)
Sec. 3.06. 
		
		
		"Non-combustible refuse": refuse materials that are unburnable at
ordinary incinerator temperatures, such as metals, mineral matter, large
quantities of glass or crockery, metal furniture, auto bodies or parts, and
other similar material or refuse not usual to housekeeping or to the
operation of stores or offices.
(Source: P.A. 76-1204.)
(70 ILCS 3105/3.07) (from Ch. 85, par. 1653.07)
Sec. 3.07. 
		
		
		"Rubbish" or "trash": refuse accumulations of paper, excelsior, rags or
wooden or paper boxes or containers, sweepings, and all other accumulations
of a nature other than garbage, which are usual to housekeeping and to the
operation of stores, offices and other business places, including such
garden trash as is capable of deposit in a trash container, but not
including non-combustible refuse.
(Source: P.A. 76-1204.)
(70 ILCS 3105/4) (from Ch. 85, par. 1654)
Sec. 4. 
		
		(a) Not less than 1% of the voters in any county having less than
3,000,000 population may petition the circuit court of such county to
order the question to be submitted to the voters of such county whether
a solid waste disposal district, the boundaries of which shall be
coextensive with the boundaries of the county, shall be organized under
this Act. Not less than 1% of the voters in each county of a group of
not more than 5 adjoining counties each of which has less than 3,000,000
population may jointly petition the circuit court of the county having
the largest population to order the question to be submitted to the
voters of such counties whether a district, the boundaries of which
shall be coextensive with the boundaries of the group of counties taken
as a whole, shall be organized under this Act.
If the proposed district shall embrace more than one county the
petition shall be accompanied by the written approval of the
Environmental Protection Agency.
If the proposed district is coextensive with the boundaries of a
single county it shall be designated by the name of that county.
(b) Not less than 1% of the voters in any township not already
included within a solid waste disposal district may petition the
circuit court of the county in which it is located to order the
question to be submitted to the voters of such township whether
a solid waste disposal district, the boundaries of which shall
be coextensive with the boundaries of the township shall be
organized under this Act.  Not less than 1% of the voters in
each township of a group of not more than 5 adjoining townships,
none of which is already included within a solid waste disposal
district, may jointly petition the circuit court of the county
in which a majority of the voters reside to order the question
to be submitted to the voters of such townships whether a
district, the boundaries of which shall be coextensive with
the boundaries of the group of townships taken as a whole,
shall be organized under this Act.
If the proposed district shall embrace more than one township
the petition shall be accompanied by the written approval of
the Environmental Protection Agency.
(Source: P.A. 81-1489.)
(70 ILCS 3105/5) (from Ch. 85, par. 1655)
Sec. 5. 
		
		Upon the filing of such petition with the circuit court, the circuit
clerk shall give notice of the time and place of a hearing upon the
subject of the petition, which notice shall be inserted in one or more
daily or weekly newspapers published within the proposed district at
least 20 days before such hearing. If no daily or weekly newspaper is
published within such proposed district, notice may be given by posting
at least 15 copies in each county, or in each township if the
boundaries of the proposed district are not coextensive with the
boundaries of a county or counties, in such proposed district at least 20
days before such hearing in conspicuous public places as far separated
from each other as reasonably possible.
(Source: P.A. 80-689.)
(70 ILCS 3105/6) (from Ch. 85, par. 1656)
Sec. 6. 
		
		At the time and place fixed for such public hearing a circuit judge
shall sit and hear all persons who desire to be heard, and if the
circuit judge shall find that the requirements of this
Act and the general election law have been
complied with and that the allegations of the petition are true then he
shall order a referendum by the legal voters to be held
in the proposed
district to determine the question of organization of the proposed
district in accordance with the general election law. In such order
he shall designate the election at which the
proposition shall be submitted and order the proposition certified to the
proper election officials and notice given in accordance with the general
election law.
(Source: P.A. 81-1489.)
(70 ILCS 3105/7) (from Ch. 85, par. 1657)
Sec. 7. 
		
		Notice of the referendum shall be given and the referendum conducted
in accordance with the general election law.
Such election is subject to the provisions of the general election law, provided that a
majority of those voting on the proposition, in each township, shall be necessary for
approval of creation of the district.
(Source: P.A. 81-1535.)
(70 ILCS 3105/8) (from Ch. 85, par. 1658)
Sec. 8. 
		
		The returns of such election shall be made to the circuit court and
shall be canvassed by the court and the court shall
cause a statement of the results
of such election to be entered of record in
the circuit court,
and if such district shall lie in more than one county, a certified copy
thereof shall be filed with the clerk of the circuit court of each such
other county who shall enter the same or record in the circuit
court of such county. If a majority of the votes cast on the proposition
in each township
are in favor of the organization of a solid waste disposal district,
such district shall thenceforth be deemed to be organized.
(Source: P.A. 83-343.)
(70 ILCS 3105/9) (from Ch. 85, par. 1659)
Sec. 9. 
		
		The affairs of a solid waste disposal district shall be managed by a
board which shall consist of 5 trustees. If the boundaries of the
district are coextensive with the boundaries of one county, the trustees
shall be residents of that county. If the district embraces 2 counties,
3 trustees shall be residents of the county with the larger population
and 2 trustees shall be residents of the other county. If the district
embraces 3 counties, one trustee shall be a resident of the county with
the smallest population and each of the other counties shall have 2
resident trustees. If the district embraces 4 counties, 2 trustees shall
be residents of the county with the largest population and each of the
other counties shall have one resident trustee. If the district embraces
5 counties, each county shall have one resident trustee.
In the case of a district composed of one or more townships
organized as a result of a petition under subparagraph (b) of
Section 4, the trustees shall be residents of the township or
townships in the same numerical proportions based upon township
population as provided in this Section for counties.
Trustees shall be qualified voters of such district who do not hold
any other public office and are not officers of any political party.
Trustees shall be selected on the basis of their demonstrated interest
in the purpose of solid waste disposal districts.
In a district organized as a result of a petition under
subparagraph (a) of Section 4, the presiding officer of the
county board of the county of which the trustee is required
to be a resident, with the advice and consent of that county
board, shall appoint the first trustees. In a district
organized as a result of a petition under subparagraph (b)
of Section 4, the township supervisor of the township of
which the trustee is required to be a resident, with the
advice and consent of that township's board of township
trustees, shall appoint the first trustees.  The first
trustees of any district shall hold office for terms expiring
on June 30 after one, 2, 3, 4 and 5 year periods respectively
as determined and fixed by lot. Thereafter, successor trustees
shall be appointed in the same manner not later than June 1
prior to the commencement of term of the trustee.
Each successor trustee shall serve for a term of 5 years. A vacancy
occurring otherwise than by expiration of term shall be filled for the
unexpired term by appointment of a trustee by the presiding officer of
the county board of the county of which the trustee shall be a resident
with the advice and consent of that county board or, in a district
organized as a result of a petition under subparagraph (b) of
Section 4, by appointment of a trustee by the township supervisor
of the township of which the trustee is required to be a resident
with the advice and consent of that township's board of township
trustees. A trustee who has
served a full term of 5 years is ineligible to serve as a trustee for a
period of one year following the expiration of his term. When any
trustee during his term of office shall cease to be a bona fide resident
of the district he is disqualified as a trustee and his office becomes
vacant.
Trustees shall serve without compensation, but may be paid their
actual and necessary expenses incurred in the performance of their
official duties.
A trustee may be removed for cause by the presiding officer of the
county board of the county of which the trustee is a resident or
by the township supervisor of the township from which the trustee
was appointed, as appropriate, but every
such removal shall be by a written order, which shall be filed with the
county clerk of the county wherein the order was issued.
(Source: P.A. 80-689.)
(70 ILCS 3105/10) (from Ch. 85, par. 1660)
Sec. 10. 
		
		Within 60 days after their selection, the trustees shall organize by
selecting from their members a president, secretary, treasurer and such
other officers as are deemed necessary, who shall hold office for the
fiscal year in which elected and until their successors are selected and
qualify. Three trustees shall constitute a quorum of the board for the
transaction of business. The board shall hold regular monthly meetings.
Special meetings may be called by the president and shall be called on
the request of a majority of members as may be required.
The board shall provide for the proper and safe keeping of its
permanent records and for the recording of the corporate action of the
district. It shall keep a proper system of accounts showing a true and
accurate record of its receipts and disbursements and it shall cause an
annual audit to be made of its books, records and accounts.
The records of the district shall be subject to public inspection at
all reasonable hours and under such regulations as the board may
prescribe.
The district shall annually make a full and complete report to the
county board of each county within the district or, if the boundaries
of the district are not coextensive with a county or counties, to
the board of township trustees of each township within the district
and to the Environmental
Protection Agency of its transactions and operations for the preceding
year. Such report shall contain a full statement of its receipts,
disbursements and the program of work for the period covered, and may
include such recommendations as may be deemed advisable.
Executive or ministerial duties may be delegated to one or more
trustees or to an authorized officer, employee, agent, attorney or other
representative of the district.
All officers and employees authorized to receive or retain the
custody of money or to sign vouchers, checks, warrants or evidences of
indebtedness binding upon the district shall furnish surety bond for the
faithful performance of their duties and the faithful accounting for all
moneys that may come into their hands in an amount to be fixed and in a
form to be approved by the board.
All contracts for supplies, material or work involving an expenditure
in excess of $1,500 shall be let to the lowest responsible bidder, after
due advertisement except work requiring personal confidence or necessary
supplies under the control of monopolies, where competitive bidding is
impossible. All contracts for supplies, material or work shall be signed
by the president of the board and by any such other office as the board
in its discretion may designate.
(Source: P.A. 80-689.)
(70 ILCS 3105/10.1) (from Ch. 85, par. 1660.1)
Sec. 10.1. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 3105/11) (from Ch. 85, par. 1661)
Sec. 11. 
		
		The board of any district, when so requested by the treasurer of the
district, shall designate one or more banks or savings and loan associations
in which
the funds and moneys received by the treasurer, by virtue of his office,
may be deposited.
When a bank has been designated as a depository it shall continue as
such until 10 days have elapsed after a new depository is designated and
is qualified. When a new depository is designated, the district shall
notify the sureties of the treasurer of that fact in writing at least 5
days before the transfer of funds.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 3105/12) (from Ch. 85, par. 1662)
Sec. 12. 
		
		
		Actions of the board of a legislative character shall be in the form of
ordinances. All ordinances imposing any penalty or making any
appropriations shall be published at least once a week for 2 weeks in at
least one newspaper published in the district, or if no newspaper of
general circulation is published therein, by posting copies of the same in
at least 15 conspicuous public places in the district. No such ordinance
shall take effect until 10 days after it is so published or posted. All
other ordinances and resolutions shall take effect from and after their
passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of publication
thereof may be proven by the certificate of the secretary under the seal of
the district and when printed in book or pamphlet form and purporting to be
published by the district, such book or pamphlet shall be received as
evidence of the passage and legal publication of such ordinances, orders
and resolutions as of the dates mentioned in such books or pamphlet, in all
courts without further proof.
(Source: P.A. 76-1204.)
(70 ILCS 3105/16) (from Ch. 85, par. 1666)
Sec. 16. 
		
		
		The district may, with the prior approval of the Environmental
Protection Agency, construct, acquire and operate its own solid waste
disposal facilities, may contract with other governmental bodies or with
private industry for the disposal of solid wastes, or may utilize upon such
terms as may be agreed upon between the board and the other parties
involved, any combination of public and private facilities.
(Source: P.A. 76-2442.)
(70 ILCS 3105/17) (from Ch. 85, par. 1667)
Sec. 17. 
		
		To
the extent necessary to carry out the purpose of this Act and in
addition to any other powers, duties and functions vested in a district by
law, but subject to such limitations and restrictions as are imposed
elsewhere by this Act or another law, a district is authorized and
empowered:
(a) To adopt by-laws, adopt and use a common seal, enter into contracts,
acquire and hold real and personal estate and take such other actions as
may be necessary for the proper conduct of its affairs.
(b) To make and publish all ordinances, rules and regulations necessary
for the management and protection of its property and the conduct of its
affairs.
(c) To acquire by gift, legacy, purchase, lease, agreement or otherwise
the fee or any lesser right or interest in real property and to hold and
use the same for the purposes of the district.
(d) To accept gifts, grants, legacies, contributions
and appropriations
of money and other personal property for the purposes of the district.
(e) To employ and fix the compensation of an executive officer who shall
be responsible to the board for the carrying out of its policies. The
executive officer shall have the power, subject to the approval of the
board, to employ and fix the compensation of such assistants and employees
as the board may consider necessary for carrying out the purposes and
provisions of this Act.
(f) To charge and collect reasonable fees for the use of such facilities
and services as may be provided.
(g) To police its property and to exercise police powers in respect
thereto.
(h) To intervene, participate, and make recommendations and comments in
the local siting approval process for a solid waste disposal site or facility
if the site or facility is to be located within the boundaries of the solid
waste disposal district and the district was formed before January 1, 1993.
(Source: P.A. 88-512.)
(70 ILCS 3105/17-1) (from Ch. 85, par. 1667-1)
Sec. 17-1. 
		
		
		All sites operated by such district shall be subject to the provisions
of the "Environmental Protection Act", enacted by the 76th General
Assembly.
(Source: P.A. 76-2442.)
(70 ILCS 3105/18) (from Ch. 85, par. 1668)
Sec. 18. 
		
		The fiscal year of each district shall commence July 1 and extend
through the following June 30.
The board of each district shall on or before the second Tuesday in
September of each year, adopt a combined annual budget and appropriation
ordinance as provided in the Illinois Municipal Budget Law. In the case
of districts composed of one county, such ordinance shall be submitted
to the county board for review and approval, by county ordinance, before
it becomes effective.  In case the district is composed of only one
township, such ordinance shall be submitted to the board of township
trustees for review and approval, by township ordinance, before it
becomes effective.
Except as otherwise provided in this Act, a district may annually
levy taxes upon all the taxable property therein at the full, fair cash
value thereof, as equalized or assessed by the Department of Revenue, to
be extended at a rate not exceeding .05%.
After the adoption of the appropriation ordinance and on or before
the second Tuesday in September of each year, the board shall ascertain
the total amount of the appropriations legally made which are to be
provided for from tax levies for the current year. Then, by an ordinance
specifying in detail the purposes for which such appropriations have
been made and the amounts appropriated for such purposes, the board
shall levy not to exceed the total amount so ascertained upon all the
property subject to taxation within the district as the same is assessed
and equalized for state and county purposes for the current year. A
certified copy of such ordinance shall be filed on or before the first
Tuesday in October with the clerk of each county wherein the district or
any part thereof is located.
(Source: P.A. 80-689.)
(70 ILCS 3105/19) (from Ch. 85, par. 1669)
Sec. 19. 
		
		
		Gifts, contributions and bequests of money and all licenses, fees and
charges and other revenue or other money received or collected by the
district shall be deposited in the treasury of the district to be used for
the purchase of land, property and equipment and the payment of expenses
incurred in carrying out the activities of the district, except that monies
given, bequeathed or contributed upon specified trusts shall be held and
applied in accordance with the trust specified.
(Source: P.A. 76-1204.)
(70 ILCS 3105/20) (from Ch. 85, par. 1670)
Sec. 20. 
		
		
		Whenever a district does not have sufficient money in its treasury to
meet all necessary expenses and liabilities thereof, it may issue tax
anticipation warrants. Such issue of tax anticipation warrants shall be
subject to the provisions of Section 2 of "An Act to provide for the manner
of issuing warrants upon the treasurer of the State or of any county,
township, or other municipal corporation or quasi municipal corporation, or
of any farm drainage district, river district, drainage and levee district,
fire protection district and jurors' certificates", approved June 27, 1913,
as now and hereafter amended.
(Source: P.A. 76-1204.)
(70 ILCS 3105/21) (from Ch. 85, par. 1671)
Sec. 21. 
		
		For the purpose of acquisition of real property, or rights thereto, and
of constructing or acquiring solid waste disposal facilities, a district
may issue and sell bonds. However, no such bonds other than bonds payable
solely from the revenues derived by the district from the operation of such
facilities may be issued unless the proposition to issue bonds has been
submitted to the legal voters of the district at an election and has been
approved by a majority of those voting on the proposition. Such election is
subject to Section 22 of this Act.
No district shall become indebted in any manner or for any purpose, to
any amount including existing indebtedness in the aggregate exceeding 0.5%
of the full, fair cash value, as equalized or assessed by the Department of
Revenue, of the taxable property therein.
Before or at the time of issuing bonds, other than revenue bonds, the
district shall provide by ordinance for the collection of an annual tax,
within the limits of the taxes hereinbefore authorized, sufficient to pay
such bonds and the interest thereon as the same respectively become due.
Such bonds shall be divided into series, the first of which shall mature
not later than 5 years after the date of issue and the last of which shall
mature not later than 20 years after the date of issue; shall bear interest
at a rate or rates not exceeding the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract;
shall be in such form as the
district shall by resolution provide and shall be payable as to both
principal and interest from the proceeds of the annual levy of taxes
hereinbefore authorized to be levied, or so much thereof as will be
sufficient to pay the principal thereof and the interest thereon. Prior to
the authorization and issuance of such bonds the district may, with or
without notice, negotiate and enter into an agreement or agreements with
any bank, investment banker, trust company or insurance company or group
thereof whereunder the marketing of such bonds may be assured and
consummated. The proceeds of such bonds shall be deposited in a special
fund, to be kept separate and apart from all other funds of the
conservation district.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(70 ILCS 3105/22) (from Ch. 85, par. 1672)
Sec. 22. 
		
		When the board of a district proposes to incur indebtedness and issue
bonds, other than tax anticipation warrants and other than revenue
bonds, it shall order a referendum on the proposal
at a regular election at which all of the
voters of the district may vote.
The district shall adopt an ordinance calling for the referendum and
setting forth the proposal and the regular
election for holding the referendum and shall certify
the proposition and the ordinance to the proper election officials. The
expenses incurred in connection
with the conduct of the election shall be paid by the district. The
referendum shall be in accordance with the general election law and in
the case of districts composed of townships, a majority of those
voting, in each township, shall be necessary for approval of
such proposal.
(Source: P.A. 81-1489.)
(70 ILCS 3105/23) (from Ch. 85, par. 1673)
Sec. 23. 
		
		
		A district may apply for and receive the grant or loan of money or other
financial aid necessary for the undertaking, performance or execution of
any of its corporate objects or purposes from any department or agency of
the State or federal government. A district may undertake any of its
activities aided by, in cooperation with or as a joint enterprise with any
department or agency of the State or federal government or any other solid
waste disposal district, sanitary district, park district, school district,
planning commission, county board, municipality or other governmental unit.
Any county board, municipality, district or other governmental unit may
aid any solid waste disposal district in any appropriate manner including
equipping, operating and maintaining any conservation or recreation areas
and providing, conducting and supervising programs of activities, and may
appropriate money for such purposes. All county and municipal officers
shall render such assistance as shall not interfere with their regular
employment. The county board and the corporate authorities of any
municipality are authorized to make available to the use of the district
such county or municipal equipment, facilities and personnel as they deem
advisable.
(Source: P.A. 76-1204.)
(70 ILCS 3105/24) (from Ch. 85, par. 1674)
Sec. 24. After the effective date of this Act, no district, person, firm or
corporation, public or private, may establish a new solid waste disposal
site or facility without first obtaining a permit from the Environmental
Protection Agency under the provisions of the Environmental Protection Act.
Application for such permit shall be on forms provided by the Agency and
shall be accompanied by such supporting documents as the Agency shall
require. Prior to issuing a permit to establish a new solid waste disposal
site or facility the Agency shall review the application and supporting
documents and make an on-site inspection of the proposed site. The Agency
may request the Illinois State Geological Survey of the University of Illinois to prepare a
report concerning the soil characteristics, water table, and other
appropriate physical characteristics of the proposed site. If the proposed
new solid waste disposal site or facility conforms to the minimum standards
provided in such Act, the Agency shall issue a permit for the operation of
such site or facility. If the proposed new solid waste disposal site or
facility does not conform to the minimum standards provided by such Act, no
permit shall be issued and the solid waste disposal site or facility shall
not be constructed or operated.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
(70 ILCS 3105/25)
Sec. 25. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.
The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 98-1002, eff. 8-18-14.)