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|[ Introduced ]||[ House Amendment 001 ]||[ House Amendment 002 ]|
|[ House Amendment 004 ]||[ House Amendment 005 ]|
92_HB0914ham003 LRB9202962SMdvam02 1 AMENDMENT TO HOUSE BILL 914 2 AMENDMENT NO. . Amend House Bill 914 on page 12, 3 line 16, after "project", by inserting the following: 4 ", including leases between a public building commission and 5 a community college district in a county with a population 6 not less than 300,000 and not more than 400,000 that are 7 amended under subsection (n) of Section 14 of the Public 8 Building Commission Act"; and 9 on page 12, line 21, after "1991;", by inserting the 10 following: 11 "(h-5) made for stormwater management purposes by the 12 Metropolitan Water Reclamation District of Greater Chicago 13 under Section 12 of the Metropolitan Water Reclamation 14 District Act;"; and 15 on page 21, line 5, by replacing "Sections 3 and 18" with 16 "Sections 3, 14, and 18"; and 17 on page 22, immediately below line 15, by inserting the 18 following: 19 "(50 ILCS 20/14) (from Ch. 85, par. 1044) 20 Sec. 14. A Public Building Commission is a municipal 21 corporation and constitutes a body both corporate and politic -2- LRB9202962SMdvam02 1 separate and apart from any other municipal corporation or 2 any other public or governmental agency. It may sue and be 3 sued, plead and be impleaded, and have a seal and alter such 4 at pleasure, have perpetual succession, make and execute 5 contracts, leases, deeds and other instruments necessary or 6 convenient to the exercise of its powers, and make and from 7 time to time amend and repeal its by-laws, rules and 8 regulations not inconsistent with this Act. In addition, it 9 has and shall exercise the following public and essential 10 governmental powers and functions and all other powers 11 incidental or necessary, to carry out and effectuate such 12 express powers: 13 (a) To select, locate and designate, at any time and 14 from time to time, one or more areas lying wholly within the 15 territorial limits of the municipality or of the county seat 16 of the county in which the Commission is organized, or within 17 the territorial limits of the county if the site is to be 18 used for county purposes, or (in the case of a county having 19 a population of at least 20,000 but not more than 21,000 as 20 determined by the 1980 federal census) within the territorial 21 limits of the county if the site is to be used for municipal 22 purposes, as the site or sites to be acquired for the 23 erection, alteration or improvement of a building or 24 buildings, public improvement or other facilities for the 25 purposes set forth in this Section. The site or sites 26 selected shall be conveniently located within such county, 27 municipality or county seat and of an area in size 28 sufficiently large to accomplish and effectuate the purpose 29 of this Act and sufficient to provide for proper 30 architectural setting and adequate landscaping for such 31 building or buildings, public improvement or other 32 facilities. 33 (1) Where the governing body of the county seat or the 34 governing body of any municipality with 3,000 or more -3- LRB9202962SMdvam02 1 inhabitants has adopted the original resolution for the 2 creation of the Commission, the site or sites selected, and 3 in the case of a project for an Airport Authority, the site 4 or sites selected, the project and any lease agreements, are 5 subject to approval by a majority of the members of the 6 governing body of the county seat or by a majority of the 7 members of the governing body of the municipality. However, 8 where the site is for a county project and is outside the 9 limits of a municipality, the approval of the site shall be 10 by the county board. 11 (2) Where the original resolution for the creation of 12 the Commission has been adopted by the governing body of the 13 county, the site or sites selected, and in the case of a 14 project for an Airport Authority, the site or sites selected, 15 the project and any lease agreements, are subject to approval 16 by a majority of the members of the governing body of the 17 county and to approval by 3/4 of the members of the governing 18 body of the county seat, except that approval of 3/4 of the 19 members of the governing body of the county seat is not 20 required where the site is for a county or (in the case of a 21 county having a population of at least 20,000 but not more 22 than 21,000 as determined by the 1980 federal census) a 23 municipal project and is outside the limits of the county 24 seat, in which case approval by 3/4 of the members of the 25 governing body of any municipality where the site or sites 26 will be located is required; and, if such site or sites so 27 selected, and in the case of a project for an Airport 28 Authority, the site or sites selected, the project and any 29 lease agreements, are not approved by 3/4 of the members of 30 the governing body of the county seat the Commission may by 31 resolution request that the approval of the site or sites so 32 selected, and in the case of a project for an Airport 33 Authority, the site or sites selected, the project and any 34 lease agreements, be submitted to a referendum at the next -4- LRB9202962SMdvam02 1 general election in accordance with the general election law, 2 and shall present such resolution to the county clerk. Upon 3 receipt of such resolution the county clerk shall immediately 4 notify the board of election commissioners, if any; however, 5 referenda pursuant to such resolution shall not be called 6 more frequently than once in 4 years. The proposition shall 7 be in substantially the following form: 8 ------------------------------------------------------------- 9 Shall ...... be acquired for the 10 erection, alteration or improvement of a 11 building or buildings pursuant to the YES 12 Public Building Commission Act, 13 approved July 5, 1955, which project 14 it is estimated will cost $........., ------------------- 15 including the cost of the site 16 acquisition and for the payment of which 17 revenue bonds in the amount of $...., NO 18 maturing .... and bearing interest at 19 the rate of .....% per annum, may be issued? 20 ------------------------------------------------------------- 21 If a majority of the electors voting on the proposition vote 22 in favor of the proposition, the site or sites so selected, 23 and in the case of a project for an Airport Authority, the 24 site or sites selected, the project and any lease agreements, 25 shall be approved. Except where approval of the site or 26 sites has been obtained by referendum, the area or areas may 27 be enlarged by the Board of Commissioners, from time to time, 28 as the need therefor arises. The selection, location and 29 designation of more than one area may, but need not, be made 30 at one time but may be made from time to time. 31 (b) To acquire the fee simple title to the real property 32 located within such area or areas, including easements and 33 reversionary interests in the streets, alleys and other 34 public places and personal property required for its -5- LRB9202962SMdvam02 1 purposes, by purchase, gift, legacy, or by the exercise of 2 the power of eminent domain, and title thereto shall be taken 3 in the corporate name of the Commission. Eminent domain 4 proceedings shall be in all respects in the manner provided 5 for the exercise of the right of eminent domain under Article 6 VII of the Code of Civil Procedure, approved August 19, 1981, 7 as amended. All land and appurtenances thereto, acquired or 8 owned by the Commission are to be deemed acquired or owned 9 for a public use or public purpose. 10 Any municipal corporation which owns fee simple title to 11 real property located within such an area, may convey such 12 real property, or any part thereof, to the Commission with a 13 provision in such conveyance for the reverter of such real 14 property to the transferor municipal corporation at such time 15 as all revenue bonds and other obligations of the Commission 16 incident to the real property so conveyed, have been paid in 17 full, and such Commission is hereby authorized to accept such 18 a conveyance. 19 (c) To demolish, repair, alter or improve any building 20 or buildings within the area or areas and to erect a new 21 building or buildings, improvement and other facilities 22 within the area or areas to provide space for the conduct of 23 the executive, legislative and judicial functions of 24 government, its various branches, departments and agencies 25 thereof and to provide buildings, improvements and other 26 facilities for use by local government in the furnishing of 27 essential governmental, health, safety and welfare services 28 to its citizens; to furnish and equip such building or 29 buildings, improvements and other facilities, and maintain 30 and operate them so as to effectuate the purposes of this 31 Act. 32 (d) To pave and improve streets within such area or 33 areas, and to construct, repair and install sidewalks, 34 sewers, waterpipes and other similar facilities and site -6- LRB9202962SMdvam02 1 improvements within such area or areas and to provide for 2 adequate landscaping essential to the preparation of such 3 site or sites in accordance with the purposes of this Act. 4 (e) To make provisions for offstreet parking facilities. 5 (f) To operate, maintain, manage and to make and enter 6 into contracts for the operation, maintenance and management 7 of such buildings and other facilities and to provide rules 8 and regulations for the operation, maintenance and management 9 thereof. 10 (g) To employ and discharge without regard to any Civil 11 Services Act, engineering, architectural, construction, legal 12 and financial experts and such other employees as may be 13 necessary in its judgment to carry out the purposes of this 14 Act and to fix compensation for such employees, and enter 15 into contracts for the employment of any person, firm, or 16 corporation, and for professional services necessary or 17 desirable for the accomplishment of the objects and purposes 18 of the Commission and the proper administration, management, 19 protection and control of its property. 20 (h) To rent all or any part or parts of such building, 21 buildings, or other facilities to any municipal corporation 22 that organized or joined in the organization of the Public 23 Building Commission or to any branch, department, or agency 24 thereof, or to any branch, department, or agency of the State 25 or Federal government, or to any other state or any agency or 26 political subdivision of another state with which the 27 Commission has entered into an intergovernmental agreement or 28 contract under the Intergovernmental Cooperation Act, or to 29 any municipal corporation with which the Commission has 30 entered into an intergovernmental agreement or contract under 31 the Intergovernmental Cooperation Act, or to any other 32 municipal corporation, quasi municipal corporation, political 33 subdivision or body politic, or agency thereof, doing 34 business, maintaining an office, or rendering a public -7- LRB9202962SMdvam02 1 service in such county for any period of time, not to exceed 2 30 years. 3 (i) To rent such space in such building or buildings as 4 from time to time may not be needed by any governmental 5 agency for such other purposes as the Board of Commissioners 6 may determine will best serve the comfort and convenience of 7 the occupants of such building or buildings, and upon such 8 terms and in such manner as the Board of Commissioners may 9 determine. 10 (j) To execute written leases evidencing the rental 11 agreements authorized in paragraphs (h) and (i) of this 12 Section. 13 (k) To procure and enter into contracts for any type of 14 insurance or indemnity against loss or damage to property 15 from any cause, including loss of use and occupancy, against 16 death or injury of any person, against employer's liability, 17 against any act of any member, officer or employee of the 18 Public Building Commission in the performance of the duties 19 of his office or employment or any other insurable risk, as 20 the Board of Commissioners in its discretion may deem 21 necessary. 22 (l) To accept donations, contributions, capital grants 23 or gifts from any individuals, associations, municipal and 24 private corporations and the United States of America, or any 25 agency or instrumentality thereof, for or in aid of any of 26 the purposes of this Act and to enter into agreements in 27 connection therewith. 28 (m) To borrow money from time to time and in evidence 29 thereof to issue and sell revenue bonds in such amount or 30 amounts as the Board of Commissioners may determine to 31 provide funds for the purpose of acquiring, erecting, 32 demolishing, improving, altering, equipping, repairing, 33 maintaining and operating buildings and other facilities and 34 to acquire sites necessary and convenient therefor and to pay -8- LRB9202962SMdvam02 1 all costs and expenses incident thereto, including, but 2 without in any way limiting the generality of the foregoing, 3 architectural, engineering, legal and financing expense, 4 which may include an amount sufficient to meet the interest 5 charges on such revenue bonds during such period or periods 6 as may elapse prior to the time when the project or projects 7 may become revenue producing and for one year in addition 8 thereto; and to refund and refinance, from time to time, 9 revenue bonds so issued and sold, as often as may be deemed 10 to be advantageous by the Board of Commissioners. 11 (n) To enter into any agreement or contract with any 12 lessee, who, pursuant to the terms of this Act, is renting or 13 is about to rent from the Commission all or part of any 14 building or buildings or facilities, whereby under such 15 agreement or contract such lessee obligates itself to pay all 16 or part of the cost of maintaining and operating the premises 17 so leased. Such agreement may be included as a provision of 18 any lease entered into pursuant to the terms of this Act or 19 may be made the subject of a separate agreement or contract 20 between the Commission and such lessee. Notwithstanding any 21 contrary provision of the Property Tax Extension Limitation 22 Law, a lease entered into by a public building commission and 23 a community college district in a county with a population of 24 not less than 300,000 and not more than 400,000 before 25 October 1, 1991, may be amended to provide for the 26 continuation of an annual payment in an amount that is not 27 greater than the maximum annual payment under the lease on 28 the effective date of this amendatory Act of the 92nd General 29 Assembly. For the purposes of Section 18 of this Act, the 30 effective date of the amendment to the lease is the same as 31 the date of the original execution of that lease. 32 (Source: P.A. 86-325; 86-1215; 87-1208.)"; and 33 on page 25, immediately below line 4, by inserting the 34 following: -9- LRB9202962SMdvam02 1 "Section 20. The Counties Code is amended by changing 2 Section 5-1062.1 as follows: 3 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1) 4 Sec. 5-1062.1. Stormwater management planning councils 5 in Cook County. 6 (a) Stormwater management planning in Cook County shall 7 be conducted as provided in Section 7h of the Metropolitan 8 Water Reclamation District Act. References in this Section 9 to the "District" mean the Metropolitan Water Reclamation 10 District of Greater Chicago. 11 The purpose of this Section is to create planning 12 councils, organized by watershed, to contribute to the 13 stormwater management planning process by advising the 14 Metropolitan Water Reclamation District of Greater Chicago 15 and representing the needs and interests of the members of 16 the public and the local governments included within their 17 respective watersheds.
allow management and mitigation of the18 effects of urbanization on stormwater drainage in Cook19 County, andThis Section applies only to Cook County. In20 addition, this Section is intended to improve stormwater and21 floodplain management in Cook County by the following:22 (1) Setting minimum standards for floodplain and23 stormwater management.24 (2) Preparing plans for the management of25 floodplains and stormwater runoff, including the26 management of natural and man-made drainage ways.27 (b) The purpose of this Section shall be achieved by the28 following:29 (1) Creating 6Stormwater management planning councils 30 shall be formed for each of the following according to the31 established watersheds of the Chicago Metropolitan Area: 32 North Branch Chicago River, Lower Des Plaines Tributaries, 33 Cal-Sag Channel, Little Calumet River, Poplar Creek, and -10- LRB9202962SMdvam02 1 Upper Salt Creek. In addition, a stormwater management 2 planning council shall be established for the combined sewer 3 areas of Cook County. Additional stormwater management 4 planning councils may be formed by the District Stormwater5 Management Planning Committeefor other watersheds within 6 Cook County. 7 Membership on the watershed councils shall consist of the 8 chief elected official, or his or her designee, from each 9 municipality and township within the watershed and the Cook 10 County Board President, or his or her designee, if 11 unincorporated area is included in the watershed. A 12 municipality or township shall be a member of more than one 13 watershed council if the corporate boundaries of that 14 municipality ,or township extend enteredinto more than one 15 watershed, or if the municipality or township is served in 16 part by separate sewers and combined sewers. 17 Subcommittees of the stormwater management planning 18 councils may be established to assist the stormwater 19 management planning councils in performing their duties 20 preparing and implementing a stormwater management plan. The 21 councils may adopt bylaws to govern the functioning of the 22 stormwater management councils and subcommittees. 23 (2) Creating, by intergovernmental agreement, a24 county-wide Stormwater Management Planning Committee with its25 membership consisting of the Chairman of each of the26 watershed management councils, the Cook County Board27 President or his designee, and the Northeastern Illinois28 Planning Commission President or his designee.29 (c) (3)The principal duties of the watershed planning 30 councils shall be to advise the District on the development 31 and implementation of the countywide develop astormwater 32 management plan with respect to matters relating to their 33 respective watersheds and to advise and represent the 34 concerns of for the watershed area and to recommend the plan-11- LRB9202962SMdvam02 1 for adoption tothe units of local government in the 2 watershed area. The councils shall meet at least quarterly 3 and shall hold at least one public hearing during the 4 preparation of the plan. Adoption of the watershed plan5 shall be by each municipality in the watershed and by vote of6 the County Board.7 (d) (4)The District principal duty of the county-wide8 Stormwater Management Planning Committeeshall give careful 9 consideration to the recommendations and concerns of the 10 watershed planning councils throughout the planning process. 11 be to coordinate the 6 watershed plans as developed and to12 coordinate the planning process with the adjoining counties13 to ensure that recommended stormwater projects will have no14 significant adverse impact on the levels or flows of15 stormwater in the inter-county watershed or on the capacity16 of existing and planned stormwater retention facilities.The 17 District Committeeshall identify in an annual published 18 report steps taken by the District to accommodate the 19 concerns and recommendations of the watershed planning 20 councils. Committee to coordinate the development of plan21 recommendations with adjoining counties. The Committee shall22 also publish a coordinated stormwater document of all23 activity in the Cook County area and agreed upon stormwater24 planning standards.25 (5) The stormwater management planning committee shall26 submit the coordinated watershed plans to the Office of Water27 Resources of the Department of Natural Resources and to the28 Northeastern Illinois Planning Commission for review and29 recommendation. The Office and the Commission, in reviewing30 the plan, shall consider those factors as impact on the level31 or flows in the rivers and streams and the cumulative effects32 of stormwater discharges on flood levels. The review33 comments and recommendations shall be submitted to the34 watershed councils for consideration.-12- LRB9202962SMdvam02 1 (e) (6)The stormwater management planning councils 2 committeemay recommend rules and regulations to the District 3 watershed councilsgoverning the location, width, course, and 4 release rates of all stormwater runoff channels, streams, and 5 basins in their respective watersheds the county. 6 (f) (7)The Northwest Municipal Conference, the South 7 Suburban Mayors and Managers Association, and the West 8 Central Municipal Conference shall be responsible for the 9 coordination of the planning councils created under this 10 Section. 11 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.) 12 Section 25. The Metropolitan Water Reclamation District 13 Act is amended by adding Section 7h as follows: 14 (70 ILCS 2605/7h new) 15 Sec. 7h. Stormwater management. 16 (a) Stormwater management in Cook County shall be under 17 the general supervision of the Metropolitan Water Reclamation 18 District of Greater Chicago. The District has the authority 19 to plan, manage, implement, and finance activities relating 20 to stormwater management in Cook County. The authority of 21 the District with respect to stormwater management extends 22 throughout Cook County and is not limited to the area 23 otherwise within the territory and jurisdiction of the 24 District under this Act. 25 For the purposes of this Section, the term "stormwater 26 management" includes, without limitation, the management of 27 floods and floodwaters. 28 (b) The District may utilize the resources of 29 cooperating local watershed councils (including the 30 stormwater management planning councils created under Section 31 5-1062.1 of the Counties Code), councils of local 32 governments, the Northeastern Illinois Planning Commission, -13- LRB9202962SMdvam02 1 and similar organizations and agencies. The District may 2 provide those organizations and agencies with funding, on a 3 contractual basis, for providing information to the District, 4 providing information to the public, or performing other 5 activities related to stormwater management. 6 The District may enter into agreements with responsible 7 agencies in adjoining counties for the purpose of 8 accommodating planning activities on a watershed basis. 9 The District may enter into intergovernmental agreements 10 with Cook County or other units of local government that are 11 located in whole or in part outside the District for the 12 purpose of implementing the stormwater management plan and 13 providing stormwater management services in areas not 14 included within the territory of the District. 15 (c) The District shall prepare and adopt by ordinance a 16 countywide stormwater management plan for Cook County. The 17 countywide plan may incorporate one or more separate 18 watershed plans. 19 Prior to adopting the countywide stormwater management 20 plan, the District shall hold at least one public hearing 21 thereon and shall afford interested persons an opportunity to 22 be heard. 23 (d) The District may prescribe by ordinance reasonable 24 rules and regulations for floodplain and stormwater 25 management and for governing the location, width, course, and 26 release rate of all stormwater runoff channels, streams, and 27 basins in Cook County, in accordance with the adopted 28 stormwater management plan. These rules and regulations 29 shall, at a minimum, meet the standards for floodplain 30 management established by the Office of Water Resources of 31 the Department of Natural Resources and the requirements of 32 the Federal Emergency Management Agency for participation in 33 the National Flood Insurance Program. 34 (e) The District may impose fees on areas outside the -14- LRB9202962SMdvam02 1 District but within Cook County to mitigate the effects of 2 increased stormwater runoff resulting from new development. 3 The fees shall not exceed the cost of satisfying the onsite 4 stormwater retention or detention requirements of the adopted 5 stormwater management plan. The fees shall be used to 6 finance activities undertaken by the District or units of 7 local government within the District to mitigate the effects 8 of urban stormwater runoff by providing regional stormwater 9 retention or detention facilities, as identified in the plan. 10 All such fees collected by the District shall be held in a 11 separate fund. 12 (f) Amounts realized from the tax levy for stormwater 13 management purposes authorized in Section 12 may be used by 14 the District for implementing this Section and for the 15 development, design, planning, construction, operation, and 16 maintenance of regional stormwater facilities provided for in 17 the stormwater management plan. 18 The proceeds of any tax imposed under Section 12 for 19 stormwater management purposes and any revenues generated as 20 a result of the ownership or operation of facilities or land 21 acquired with the proceeds of taxes imposed under Section 12 22 for stormwater management purposes shall be held in a 23 separate fund and used either for implementing this Section 24 or to abate those taxes. 25 (g) The District may plan, implement, finance, and 26 operate regional stormwater management projects in accordance 27 with the adopted countywide stormwater management plan. 28 The District shall provide for public review and comment 29 on proposed stormwater management projects. The District 30 shall conform to State and federal requirements concerning 31 public information, environmental assessments, and 32 environmental impacts for projects receiving State or federal 33 funds. 34 The District may issue bonds under Section 9.6a of this -15- LRB9202962SMdvam02 1 Act for the purpose of funding stormwater management 2 projects. 3 The District shall not use Cook County Forest Preserve 4 District land for stormwater or flood control projects 5 without the consent of the Forest Preserve District. 6 (h) Upon the creation and implementation of a county 7 stormwater management plan, the District may petition the 8 circuit court to dissolve any or all drainage districts 9 created pursuant to the Illinois Drainage Code or predecessor 10 Acts that are located entirely within the District. 11 However, any active drainage district implementing a plan 12 that is consistent with and at least as stringent as the 13 county stormwater management plan may petition the District 14 for exception from dissolution. Upon filing of the petition, 15 the District shall set a date for hearing not less than 2 16 weeks, nor more than 4 weeks, from the filing thereof, and 17 the District shall give at least one week's notice of the 18 hearing in one or more newspapers of general circulation 19 within the drainage district, and in addition shall cause a 20 copy of the notice to be personally served upon each of the 21 trustees of the drainage district. At the hearing, the 22 District shall hear the drainage district's petition and 23 allow the drainage district trustees and any interested 24 parties an opportunity to present oral and written evidence. 25 The District shall render its decision upon the petition for 26 exception from dissolution based upon the best interests of 27 the residents of the drainage district. In the event that 28 the exception is not allowed, the drainage district may file 29 a petition with the circuit court within 30 days of the 30 decision. In that case, the notice and hearing requirements 31 for the court shall be the same as provided in this 32 subsection for the petition to the District. The court shall 33 render its decision of whether to dissolve the district based 34 upon the best interests of the residents of the drainage -16- LRB9202962SMdvam02 1 district. 2 The dissolution of a drainage district shall not affect 3 the obligation of any bonds issued or contracts entered into 4 by the drainage district nor invalidate the levy, extension, 5 or collection of any taxes or special assessments upon the 6 property in the former drainage district. All property and 7 obligations of the former drainage district shall be assumed 8 and managed by the District, and the debts of the former 9 drainage district shall be discharged as soon as practicable. 10 If a drainage district lies only partly within the 11 District, the District may petition the circuit court to 12 disconnect from the drainage district that portion of the 13 drainage district that lies within the District. The 14 property of the drainage district within the disconnected 15 area shall be assumed and managed by the District. The 16 District shall also assume a portion of the drainage 17 district's debt at the time of disconnection, based on the 18 portion of the value of the taxable property of the drainage 19 district which is located within the area being disconnected. 20 A drainage district that continues to exist within Cook 21 County shall conform its operations to the countywide 22 stormwater management plan. 23 (i) The District may assume responsibility for 24 maintaining any stream within Cook County. 25 (j) The District may, after 10 days written notice to 26 the owner or occupant, enter upon any lands or waters within 27 the county for the purpose of inspecting stormwater 28 facilities or causing the removal of any obstruction to an 29 affected watercourse. The District shall be responsible for 30 any damages occasioned thereby. 31 (k) The District shall report to the public annually on 32 its activities and expenditures under this Section and the 33 adopted countywide stormwater management plan. 34 (l) The powers granted to the District under this -17- LRB9202962SMdvam02 1 Section are in addition to the other powers granted under 2 this Act. This Section does not limit the powers of the 3 District under any other provision of this Act or any other 4 law. 5 (m) This Section does not affect the power or duty of 6 any unit of local government to take actions relating to 7 flooding or stormwater, so long as those actions conform with 8 this Section and the plans, rules, and ordinances adopted by 9 the District under this Section. 10 A home rule unit located in whole or in part in Cook 11 County may not regulate stormwater management or planning in 12 Cook County in a manner inconsistent with this Section or the 13 plans, rules, and ordinances adopted by the District under 14 this Section. Pursuant to paragraph (i) of Section 6 of 15 Article VII of the Illinois Constitution, this Section 16 specifically denies and limits the exercise of any power that 17 is inconsistent with this Section by a home rule unit that is 18 a county with a population of 1,500,000 or more or is 19 located, in whole or in part, within such a county. 20 (70 ILCS 2605/12) (from Ch. 42, par. 332) 21 Sec. 12. The board of commissioners annually may levy 22 taxes for corporate purposes upon property within the 23 territorial limits of such sanitary district, the aggregate 24 amount of which, exclusive of the amount levied for (a) the 25 payment of bonded indebtedness and the interest on bonded 26 indebtedness (b) employees' annuity and benefit purposes (c) 27 construction purposes, and (d) for the purpose of 28 establishing and maintaining a reserve fund for the payment 29 of claims, awards, losses, judgments or liabilities which 30 might be imposed on such sanitary district under the Workers' 31 Compensation Act or the Workers' Occupational Diseases Act, 32 and any claim in tort, including but not limited to, any 33 claim imposed upon such sanitary district under the Local -18- LRB9202962SMdvam02 1 Governmental and Governmental Employees Tort Immunity Act, 2 and for the repair or replacement of any property owned by 3 such sanitary district which is damaged by fire, flood, 4 explosion, vandalism or any other peril, natural or manmade, 5 shall not exceed the sum produced by extending the rate of 6 .46% for each of the years year1979 through 2001 and by 7 extending the rate of 0.41% for the year 2002 and each year 8 thereafter, upon the assessed valuation of all taxable 9 property within the sanitary district as equalized and 10 determined for State and local taxes. 11 In addition, for stormwater management purposes as 12 provided in subsection (f) of Section 7h, the board of 13 commissioners may levy taxes for the year 2002 and each year 14 thereafter at a rate not to exceed 0.05% of the assessed 15 valuation of all taxable property within the district as 16 equalized and determined for State and local taxes. 17 AndIn addition thereto, for construction purposes as 18 defined in Section 5.2 of this Act, the board of 19 commissioners may levy taxes for the year 1985 and each year 20 thereafter which shall be at a rate not to exceed .10% of the 21 assessed valuation of all taxable property within the 22 sanitary district as equalized and determined for State and 23 local taxes. Amounts realized from taxes so levied for 24 construction purposes shall be limited for use to such 25 purposes and shall not be available for appropriation or used 26 to defray the cost of repairs to or expense of maintaining or 27 operating existing or future facilities, but such 28 restrictions, however, shall not apply to additions, 29 alterations, enlargements, and replacements which will add 30 appreciably to the value, utility, or the useful life of said 31 facilities. 32 Such rates shall be extended against the assessed 33 valuation of the taxable property within the corporate limits 34 as the same shall be assessed and equalized for the county -19- LRB9202962SMdvam02 1 taxes for the year in which the levy is made and said board 2 shall cause the amount to be raised by taxation in each year 3 to be certified to the county clerk on or before the 4 thirtieth day of March; provided, however, that if during the 5 budget year the General Assembly authorizes an increase in 6 such rates, the board of commissioners may adopt a 7 supplemental levy and shall make such certification to the 8 County Clerk on or before the thirtieth day of December. 9 For the purpose of establishing and maintaining a reserve 10 fund for the payment of claims, awards, losses, judgments or 11 liabilities which might be imposed on such sanitary district 12 under the Workers' Compensation Act or the Workers' 13 Occupational Diseases Act, and any claim in tort, including 14 but not limited to, any claim imposed upon such sanitary 15 district under the Local Governmental and Governmental 16 Employees Tort Immunity Act, and for the repair or 17 replacement, where the cost thereof exceeds the sum of 18 $10,000, of any property owned by such sanitary district 19 which is damaged by fire, flood, explosion, vandalism or any 20 other peril, natural or man-made, such sanitary district may 21 also levy annually upon all taxable property within its 22 territorial limits a tax not to exceed .005% of the assessed 23 valuation of said taxable property as equalized and 24 determined for State and local taxes; provided, however, the 25 aggregate amount which may be accumulated in such reserve 26 fund shall not exceed .05% of such assessed valuation. 27 All taxes so levied and certified shall be collected and 28 enforced in the same manner and by the same officers as State 29 and county taxes, and shall be paid over by the officer 30 collecting the same to the treasurer of the sanitary 31 district, in the manner and at the time provided by the 32 general revenue law. No part of the taxes hereby authorized 33 shall be used by such sanitary district for the construction 34 of permanent, fixed, immovable bridges across any channel -20- LRB9202962SMdvam02 1 constructed under the provisions of this Act. All bridges 2 built across such channel shall not necessarily interfere 3 with or obstruct the navigation of such channel, when the 4 same becomes a navigable stream, as provided in Section 24 of 5 this Act, but such bridges shall be so constructed that they 6 can be raised, swung or moved out of the way of vessels, 7 tugs, boats or other water craft navigating such channel. 8 Nothing in this Act shall be so construed as to compel said 9 district to maintain or operate said bridges, as movable 10 bridges, for a period of 9 years from and after the time when 11 the water has been turned into said channel pursuant to law, 12 unless the needs of general navigation of the Des Plaines and 13 Illinois Rivers, when connected by said channel, sooner 14 require it. In levying taxes the board of commissioners, in 15 order to produce the net amount required by the levies for 16 payment of bonds and interest thereon, shall include an 17 amount or rate estimated to be sufficient to cover losses in 18 collection of taxes, the cost of collecting taxes, abatements 19 in the amount of such taxes as extended on the collector's 20 books and the amount of such taxes collection of which will 21 be deferred; the amount so added for the purpose of producing 22 the net amount required shall not exceed any applicable 23 maximum tax rate or amount. 24 (Source: P.A. 84-630.)".
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