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|[ House Amendment 007 ]|
92_SB1171ham001 LRB9205814JMmbam02 1 AMENDMENT TO SENATE BILL 1171 2 AMENDMENT NO. . Amend Senate Bill 1171 by replacing 3 the title with the following: 4 "AN ACT concerning local governments."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Local Government Debt Reform Act is 8 amended by changing Sections 3, 15, and 15.01 as follows: 9 (30 ILCS 350/3) (from Ch. 17, par. 6903) 10 Sec. 3. Definitions. In this Act words or terms shall 11 have the following meanings unless the context or usage 12 clearly indicates that another meaning is intended. 13 (a) "Alternate bonds" means bonds issued in lieu of 14 revenue bonds or payable from a revenue source as provided in 15 Section 15. 16 (b) "Applicable law" means any provision of law, 17 including this Act, authorizing governmental units to issue 18 bonds. 19 (c) "Backdoor referendum" means the submission of a 20 public question to the voters of a governmental unit, 21 initiated by a petition of voters, residents or property -2- LRB9205814JMmbam02 1 owners of such governmental unit, to determine whether an 2 action by the governing body of such governmental unit shall 3 be effective, adopted or rejected. 4 (d) "Bond" means any instrument evidencing the 5 obligation to pay money authorized or issued by or on behalf 6 of a governmental unit under applicable law, including 7 without limitation, bonds, notes, installment or financing 8 contracts, leases, certificates, tax anticipation warrants or 9 notes, vouchers, and any other evidences of indebtedness. 10 (e) "Debt service" on bonds means the amount of 11 principal, interest and premium, if any, when due either at 12 stated maturity or upon mandatory redemption. 13 (f) "Enterprise revenues" means the revenues of a 14 utility or revenue producing enterprise from which revenue 15 bonds may be payable. 16 (g) "General obligation bonds" means bonds of a 17 governmental unit for the payment of which the governmental 18 unit is empowered to levy ad valorem property taxes upon all 19 taxable property in a governmental unit without limitation as 20 to rate or amount. 21 (h) "Governing body" means the legislative body, 22 council, board, commission, trustees, or any other body, by 23 whatever name it is known, having charge of the corporate 24 affairs of a governmental unit. 25 (i) "Governmental unit" means a county, township, 26 municipality, municipal corporation, unit of local 27 government, school district, special district, public 28 corporation, body corporate and politic, forest preserve 29 district, fire protection district, conservation district, 30 park district, sanitary district, and all other local 31 governmental agencies, including any entity created by 32 intergovernmental agreement among any of the foregoing 33 governmental units, but does not include any office, officer, 34 department, division, bureau, board, commission, university, -3- LRB9205814JMmbam02 1 or similar agency of the State. 2 (j) "Ordinance" means an ordinance duly adopted by a 3 governing body or, if appropriate under applicable law, a 4 resolution so adopted. 5 (k) "Revenue bonds" means any bonds of a governmental 6 unit other than general obligation bonds, but "revenue bonds" 7 does include any debt authorized under Section 11-29.3-1 of 8 the Illinois Municipal Code. 9 (l) "Revenue source" means a source of funds, other than 10 enterprise revenues, received or available to be received by 11 a governmental unit and available for any one or more of its 12 corporate purposes, including any public building commission 13 lease rental base alternate tax levy. 14 (m) "Limited bonds" means bonds, including public 15 building commission leases, but excluding other leases, 16 notes, installment or financing contracts, certificates, tax 17 anticipation warrants or notes, vouchers, and any other 18 evidences of indebtedness, issued under Section 15.01 of this 19 Act. 20 (n) "Public building commission lease rental base" means 21 that term as defined in the Property Tax Extension Limitation 22 Law. 23 (o) "Public building commission lease rental base 24 alternate tax levy" means a special purpose levy authorized 25 to be levied by a governmental unit for the payment of 26 alternate bonds as a revenue source, which levy may be in an 27 annual amount not in excess of the public building commission 28 lease rental base less the amount of that base levied for the 29 payment of lease rentals under a public building commission 30 lease. 31 (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.) 32 (30 ILCS 350/15) (from Ch. 17, par. 6915) 33 Sec. 15. Double-barrelled bonds. Whenever revenue bonds -4- LRB9205814JMmbam02 1 have been authorized to be issued pursuant to applicable law 2 or whenever there exists for a governmental unit a revenue 3 source, the procedures set forth in this Section may be used 4 by a governing body. General obligation bonds may be issued 5 in lieu of such revenue bonds as authorized, and general 6 obligation bonds may be issued payable from any revenue 7 source. Such general obligation bonds may be referred to as 8 "alternate bonds". Alternate bonds may be issued without any 9 referendum or backdoor referendum except as provided in this 10 Section, upon the terms provided in Section 10 of this Act 11 without reference to other provisions of law, but only upon 12 the conditions provided in this Section. Alternate bonds 13 shall not be regarded as or included in any computation of 14 indebtedness for the purpose of any statutory provision or 15 limitation except as expressly provided in this Section. 16 Such conditions are: 17 (a) Alternate bonds shall be issued for a lawful 18 corporate purpose. If issued in lieu of revenue bonds, 19 alternate bonds shall be issued for the purposes for which 20 such revenue bonds shall have been authorized. If issued 21 payable from a revenue source in the manner hereinafter 22 provided, which revenue source is limited in its purposes or 23 applications, then the alternate bonds shall be issued only 24 for such limited purposes or applications. Alternate bonds 25 may be issued payable from either enterprise revenues or 26 revenue sources, or both. As a revenue source for alternate 27 bonds, any governmental unit having a public building 28 commission lease rental base is hereby authorized to levy a 29 public building commission lease rental base alternate tax 30 levy. Alternate bonds supported by the levy may be issued 31 pursuant to the provisions of this Section for any lawful 32 corporate purpose of the unit of local government. 33 (b) Alternate bonds shall be subject to backdoor 34 referendum. The provisions of Section 5 of this Act shall -5- LRB9205814JMmbam02 1 apply to such backdoor referendum, together with the 2 provisions hereof. The authorizing ordinance shall be 3 published in a newspaper of general circulation in the 4 governmental unit. Along with or as part of the authorizing 5 ordinance, there shall be published a notice of (1) the 6 specific number of voters required to sign a petition 7 requesting that the issuance of the alternate bonds be 8 submitted to referendum, (2) the time when such petition must 9 be filed, (3) the date of the prospective referendum, and 10 (4), with respect to authorizing ordinances adopted on or 11 after January 1, 1991, a statement that identifies any 12 revenue source that will be used to pay the principal of and 13 interest on the alternate bonds. The clerk or secretary of 14 the governmental unit shall make a petition form available to 15 anyone requesting one. If no petition is filed with the 16 clerk or secretary within 30 days of publication of the 17 authorizing ordinance and notice, the alternate bonds shall 18 be authorized to be issued. But if within this 30 days 19 period, a petition is filed with such clerk or secretary 20 signed by electors numbering the greater of (i) 7.5% of the 21 registered voters in the governmental unit or (ii) 200 of 22 those registered voters or 15% of those registered voters, 23 whichever is less, asking that the issuance of such alternate 24 bonds be submitted to referendum, the clerk or secretary 25 shall certify such question for submission at an election 26 held in accordance with the general election law. The 27 question on the ballot shall include a statement of any 28 revenue source that will be used to pay the principal of and 29 interest on the alternate bonds. The alternate bonds shall be 30 authorized to be issued if a majority of the votes cast on 31 the question at such election are in favor thereof provided 32 that notice of the bond referendum, if held before July 1, 33 1999, has been given in accordance with the provisions of 34 Section 12-5 of the Election Code in effect at the time of -6- LRB9205814JMmbam02 1 the bond referendum, at least 10 and not more than 45 days 2 before the date of the election, notwithstanding the time for 3 publication otherwise imposed by Section 12-5. Notices 4 required in connection with the submission of public 5 questions on or after July 1, 1999 shall be as set forth in 6 Section 12-5 of the Election Code. Backdoor referendum 7 proceedings for bonds and alternate bonds to be issued in 8 lieu of such bonds may be conducted at the same time. 9 (c) To the extent payable from enterprise revenues, such 10 revenues shall have been determined by the governing body to 11 be sufficient to provide for or pay in each year to final 12 maturity of such alternate bonds all of the following: (1) 13 costs of operation and maintenance of the utility or 14 enterprise, but not including depreciation, (2) debt service 15 on all outstanding revenue bonds payable from such enterprise 16 revenues, (3) all amounts required to meet any fund or 17 account requirements with respect to such outstanding revenue 18 bonds, (4) other contractual or tort liability obligations, 19 if any, payable from such enterprise revenues, and (5) in 20 each year, an amount not less than 1.25 times debt service of 21 all (i) alternate bonds payable from such enterprise revenues 22 previously issued and outstanding and (ii) alternate bonds 23 proposed to be issued. To the extent payable from one or 24 more revenue sources, such sources shall have been determined 25 by the governing body to provide in each year, an amount not 26 less than 1.25 times debt service of all alternate bonds 27 payable from such revenue sources previously issued and 28 outstanding and alternate bonds proposed to be issued. The 29 conditions enumerated in this subsection (c) need not be met 30 for that amount of debt service provided for by the setting 31 aside of proceeds of bonds or other moneys at the time of the 32 delivery of such bonds. 33 (c-1) In the case of alternate bonds issued as variable 34 rate bonds (including refunding bonds), debt service shall be -7- LRB9205814JMmbam02 1 projected based on the rate for the most recent date shown in 2 the 20 G.O. Bond Index of average municipal bond yields as 3 published in the most recent edition of The Bond Buyer 4 published in New York, New York (or any successor publication 5 or index, or if such publication or index is no longer 6 published, then any index of long-term municipal tax-exempt 7 bond yields selected by the governmental unit), as of the 8 date of determination referred to in subsection (c) of this 9 Section. Any interest or fees that may be payable to the 10 provider of a letter of credit, line of credit, surety bond, 11 bond insurance, or other credit enhancement relating to such 12 alternate bonds and any fees that may be payable to any 13 remarketing agent need not be taken into account for purposes 14 of such projection. If the governmental unit enters into an 15 agreement in connection with such alternate bonds at the time 16 of issuance thereof pursuant to which the governmental unit 17 agrees for a specified period of time to pay an amount 18 calculated at an agreed-upon rate or index based on a 19 notional amount and the other party agrees to pay the 20 governmental unit an amount calculated at an agreed-upon rate 21 or index based on such notional amount, interest shall be 22 projected for such specified period of time on the basis of 23 the agreed-upon rate payable by the governmental unit. 24 (d) The determination of the sufficiency of enterprise 25 revenues or a revenue source, as applicable, shall be 26 supported by reference to the most recent audit of the 27 governmental unit, which shall be for a fiscal year ending 28 not earlier than 18 months previous to the time of issuance 29 of the alternate bonds. If such audit does not adequately 30 show such enterprise revenues or revenue source, as 31 applicable, or if such enterprise revenues or revenue source, 32 as applicable, are shown to be insufficient, then the 33 determination of sufficiency shall be supported by the report 34 of an independent accountant or feasibility analyst, the -8- LRB9205814JMmbam02 1 latter having a national reputation for expertise in such 2 matters, demonstrating the sufficiency of such revenues and 3 explaining, if appropriate, by what means the revenues will 4 be greater than as shown in the audit. Whenever such 5 sufficiency is demonstrated by reference to a schedule of 6 higher rates or charges for enterprise revenues or a higher 7 tax imposition for a revenue source, such higher rates, 8 charges or taxes shall have been properly imposed by an 9 ordinance adopted prior to the time of delivery of alternate 10 bonds. The reference to and acceptance of an audit or 11 report, as the case may be, and the determination of the 12 governing body as to sufficiency of enterprise revenues or a 13 revenue source shall be conclusive evidence that the 14 conditions of this Section have been met and that the 15 alternate bonds are valid. 16 (e) The enterprise revenues or revenue source, as 17 applicable, shall be in fact pledged to the payment of the 18 alternate bonds; and the governing body shall covenant, to 19 the extent it is empowered to do so, to provide for, collect 20 and apply such enterprise revenues or revenue source, as 21 applicable, to the payment of the alternate bonds and the 22 provision of not less than an additional .25 times debt 23 service. The pledge and establishment of rates or charges 24 for enterprise revenues, or the imposition of taxes in a 25 given rate or amount, as provided in this Section for 26 alternate bonds, shall constitute a continuing obligation of 27 the governmental unit with respect to such establishment or 28 imposition and a continuing appropriation of the amounts 29 received. All covenants relating to alternate bonds and the 30 conditions and obligations imposed by this Section are 31 enforceable by any bondholder of alternate bonds affected, 32 any taxpayer of the governmental unit, and the People of the 33 State of Illinois acting through the Attorney General or any 34 designee, and in the event that any such action results in an -9- LRB9205814JMmbam02 1 order finding that the governmental unit has not properly set 2 rates or charges or imposed taxes to the extent it is 3 empowered to do so or collected and applied enterprise 4 revenues or any revenue source, as applicable, as required by 5 this Act, the plaintiff in any such action shall be awarded 6 reasonable attorney's fees. The intent is that such 7 enterprise revenues or revenue source, as applicable, shall 8 be sufficient and shall be applied to the payment of debt 9 service on such alternate bonds so that taxes need not be 10 levied, or if levied need not be extended, for such payment. 11 Nothing in this Section shall inhibit or restrict the 12 authority of a governing body to determine the lien priority 13 of any bonds, including alternate bonds, which may be issued 14 with respect to any enterprise revenues or revenue source. 15 In the event that alternate bonds shall have been issued 16 and taxes, other than a designated revenue source, shall have 17 been extended pursuant to the general obligation, full faith 18 and credit promise supporting such alternate bonds, then the 19 amount of such alternate bonds then outstanding shall be 20 included in the computation of indebtedness of the 21 governmental unit for purposes of all statutory provisions or 22 limitations until such time as an audit of the governmental 23 unit shall show that the alternate bonds have been paid from 24 the enterprise revenues or revenue source, as applicable, 25 pledged thereto for a complete fiscal year. 26 Alternate bonds may be issued to refund or advance refund 27 alternate bonds without meeting any of the conditions set 28 forth in this Section, except that the term of the refunding 29 bonds shall not be longer than the term of the refunded bonds 30 and that the debt service payable in any year on the 31 refunding bonds shall not exceed the debt service payable in 32 such year on the refunded bonds. 33 Once issued, alternate bonds shall be and forever remain 34 until paid or defeased the general obligation of the -10- LRB9205814JMmbam02 1 governmental unit, for the payment of which its full faith 2 and credit are pledged, and shall be payable from the levy of 3 taxes as is provided in this Act for general obligation 4 bonds. 5 The changes made by this amendatory Act of 1990 do not 6 affect the validity of bonds authorized before September 1, 7 1990. 8 (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99; 9 91-493, eff. 8-13-99; 91-868, eff. 6-22-00.) 10 (30 ILCS 350/15.01) 11 Sec. 15.01. Limited bonds. A governmental unit is 12 authorized to issue limited bonds payable from the debt 13 service extension base or the public building commission 14 lease rental base, or both, as defined in the Property Tax 15 Extension Limitation Law, as provided in this amendatory Act 16 of 1995. Bonds authorized by Public Act 88-503 and issued 17 under Section 20a of the Chicago Park District Act for 18 aquarium or museum projects shall not be issued as limited 19 bonds. A governmental unit issuing limited bonds authorized 20 by this Section shall provide in the bond ordinance that the 21 bonds are issued as limited bonds and are also issued 22 pursuant to applicable law, other than this amendatory Act of 23 1995, enabling the governmental unit to issue bonds. This 24 amendatory Act of 1995 shall not change the rate, amount, 25 purposes, limitations, source of funds for payment of 26 principal or interest, or method of payment or defeasance of 27 the bonds that a governmental unit may issue under any 28 applicable law; provided, that limited bonds that are 29 otherwise to be issued as general obligation bonds may be 30 payable solely from the debt service extension base or public 31 building commission lease rental base, or both. This 32 amendatory Act of 1995 provides no additional authority to 33 any governmental unit to issue bonds that the governmental -11- LRB9205814JMmbam02 1 unit is not otherwise authorized to issue by a law other than 2 this amendatory Act of 1995. 3 (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.) 4 Section 10. The Property Tax Code is amended by changing 5 Section 18-185 as follows: 6 (35 ILCS 200/18-185) 7 Sec. 18-185. Short title; definitions. This Division 5 8 may be cited as the Property Tax Extension Limitation Law. 9 As used in this Division 5: 10 "Consumer Price Index" means the Consumer Price Index for 11 All Urban Consumers for all items published by the United 12 States Department of Labor. 13 "Extension limitation" means (a) the lesser of 5% or the 14 percentage increase in the Consumer Price Index during the 15 12-month calendar year preceding the levy year or (b) the 16 rate of increase approved by voters under Section 18-205. 17 "Affected county" means a county of 3,000,000 or more 18 inhabitants or a county contiguous to a county of 3,000,000 19 or more inhabitants. 20 "Taxing district" has the same meaning provided in 21 Section 1-150, except as otherwise provided in this Section. 22 For the 1991 through 1994 levy years only, "taxing district" 23 includes only each non-home rule taxing district having the 24 majority of its 1990 equalized assessed value within any 25 county or counties contiguous to a county with 3,000,000 or 26 more inhabitants. Beginning with the 1995 levy year, "taxing 27 district" includes only each non-home rule taxing district 28 subject to this Law before the 1995 levy year and each 29 non-home rule taxing district not subject to this Law before 30 the 1995 levy year having the majority of its 1994 equalized 31 assessed value in an affected county or counties. Beginning 32 with the levy year in which this Law becomes applicable to a -12- LRB9205814JMmbam02 1 taxing district as provided in Section 18-213, "taxing 2 district" also includes those taxing districts made subject 3 to this Law as provided in Section 18-213. 4 "Aggregate extension" for taxing districts to which this 5 Law applied before the 1995 levy year means the annual 6 corporate extension for the taxing district and those special 7 purpose extensions that are made annually for the taxing 8 district, excluding special purpose extensions: (a) made for 9 the taxing district to pay interest or principal on general 10 obligation bonds that were approved by referendum; (b) made 11 for any taxing district to pay interest or principal on 12 general obligation bonds issued before October 1, 1991; (c) 13 made for any taxing district to pay interest or principal on 14 bonds issued to refund or continue to refund those bonds 15 issued before October 1, 1991; (d) made for any taxing 16 district to pay interest or principal on bonds issued to 17 refund or continue to refund bonds issued after October 1, 18 1991 that were approved by referendum; (e) made for any 19 taxing district to pay interest or principal on revenue bonds 20 issued before October 1, 1991 for payment of which a property 21 tax levy or the full faith and credit of the unit of local 22 government is pledged; however, a tax for the payment of 23 interest or principal on those bonds shall be made only after 24 the governing body of the unit of local government finds that 25 all other sources for payment are insufficient to make those 26 payments; (f) made for payments under a building commission 27 lease when the lease payments are for the retirement of bonds 28 issued by the commission before October 1, 1991, to pay for 29 the building project, including leases between a public 30 building commission and a community college district in a 31 county with a population not less than 300,000 and not more 32 than 400,000 that are amended under subsection (n) of Section 33 14 of the Public Building Commission Act; (g) made for 34 payments due under installment contracts entered into before -13- LRB9205814JMmbam02 1 October 1, 1991; (h) made for payments of principal and 2 interest on bonds issued under the Metropolitan Water 3 Reclamation District Act to finance construction projects 4 initiated before October 1, 1991; (h-5) made for stormwater 5 management purposes by the Metropolitan Water Reclamation 6 District of Greater Chicago under Section 12 of the 7 Metropolitan Water Reclamation District Act; (i) made for 8 payments of principal and interest on limited bonds, as 9 defined in Section 3 of the Local Government Debt Reform Act, 10 in an amount not to exceed the debt service extension base 11 less the amount in items (b), (c), (e), and (h) of this 12 definition for non-referendum obligations, except obligations 13 initially issued pursuant to referendum, plus an amount not 14 to exceed the public building commission lease rental base 15 less the amount (deductible only from the public building 16 commission lease rental base and not from the debt service 17 extension base) in item (f) of this definition for lease 18 payments; (j) made for payments of principal and interest on 19 bonds issued under Section 15 of the Local Government Debt 20 Reform Act, including the public building commission lease 21 rental base alternate tax levy allocable to those payments; 22 and (k) made by a school district that participates in the 23 Special Education District of Lake County, created by special 24 education joint agreement under Section 10-22.31 of the 25 School Code, for payment of the school district's share of 26 the amounts required to be contributed by the Special 27 Education District of Lake County to the Illinois Municipal 28 Retirement Fund under Article 7 of the Illinois Pension Code; 29 the amount of any extension under this item (k) shall be 30 certified by the school district to the county clerk. 31 "Aggregate extension" for the taxing districts to which 32 this Law did not apply before the 1995 levy year (except 33 taxing districts subject to this Law in accordance with 34 Section 18-213) means the annual corporate extension for the -14- LRB9205814JMmbam02 1 taxing district and those special purpose extensions that are 2 made annually for the taxing district, excluding special 3 purpose extensions: (a) made for the taxing district to pay 4 interest or principal on general obligation bonds that were 5 approved by referendum; (b) made for any taxing district to 6 pay interest or principal on general obligation bonds issued 7 before March 1, 1995; (c) made for any taxing district to pay 8 interest or principal on bonds issued to refund or continue 9 to refund those bonds issued before March 1, 1995; (d) made 10 for any taxing district to pay interest or principal on bonds 11 issued to refund or continue to refund bonds issued after 12 March 1, 1995 that were approved by referendum; (e) made for 13 any taxing district to pay interest or principal on revenue 14 bonds issued before March 1, 1995 for payment of which a 15 property tax levy or the full faith and credit of the unit of 16 local government is pledged; however, a tax for the payment 17 of interest or principal on those bonds shall be made only 18 after the governing body of the unit of local government 19 finds that all other sources for payment are insufficient to 20 make those payments; (f) made for payments under a building 21 commission lease when the lease payments are for the 22 retirement of bonds issued by the commission before March 1, 23 1995 to pay for the building project; (g) made for payments 24 due under installment contracts entered into before March 1, 25 1995; (h) made for payments of principal and interest on 26 bonds issued under the Metropolitan Water Reclamation 27 District Act to finance construction projects initiated 28 before October 1, 1991; (i) made for payments of principal 29 and interest on limited bonds, as defined in Section 3 of the 30 Local Government Debt Reform Act, in an amount not to exceed 31 the debt service extension base less the amount in items (b), 32 (c), and (e) of this definition for non-referendum 33 obligations, except obligations initially issued pursuant to 34 referendum and bonds described in subsection (h) of this -15- LRB9205814JMmbam02 1 definition; (j) made for payments of principal and interest 2 on bonds issued under Section 15 of the Local Government Debt 3 Reform Act; (k) made for payments of principal and interest 4 on bonds authorized by Public Act 88-503 and issued under 5 Section 20a of the Chicago Park District Act for aquarium or 6 museum projects; and (l) made for payments of principal and 7 interest on bonds authorized by Public Act 87-1191 and issued 8 under Section 42 of the Cook County Forest Preserve District 9 Act for zoological park projects. 10 "Aggregate extension" for all taxing districts to which 11 this Law applies in accordance with Section 18-213, except 12 for those taxing districts subject to paragraph (2) of 13 subsection (e) of Section 18-213, means the annual corporate 14 extension for the taxing district and those special purpose 15 extensions that are made annually for the taxing district, 16 excluding special purpose extensions: (a) made for the taxing 17 district to pay interest or principal on general obligation 18 bonds that were approved by referendum; (b) made for any 19 taxing district to pay interest or principal on general 20 obligation bonds issued before the date on which the 21 referendum making this Law applicable to the taxing district 22 is held; (c) made for any taxing district to pay interest or 23 principal on bonds issued to refund or continue to refund 24 those bonds issued before the date on which the referendum 25 making this Law applicable to the taxing district is held; 26 (d) made for any taxing district to pay interest or principal 27 on bonds issued to refund or continue to refund bonds issued 28 after the date on which the referendum making this Law 29 applicable to the taxing district is held if the bonds were 30 approved by referendum after the date on which the referendum 31 making this Law applicable to the taxing district is held; 32 (e) made for any taxing district to pay interest or principal 33 on revenue bonds issued before the date on which the 34 referendum making this Law applicable to the taxing district -16- LRB9205814JMmbam02 1 is held for payment of which a property tax levy or the full 2 faith and credit of the unit of local government is pledged; 3 however, a tax for the payment of interest or principal on 4 those bonds shall be made only after the governing body of 5 the unit of local government finds that all other sources for 6 payment are insufficient to make those payments; (f) made for 7 payments under a building commission lease when the lease 8 payments are for the retirement of bonds issued by the 9 commission before the date on which the referendum making 10 this Law applicable to the taxing district is held to pay for 11 the building project; (g) made for payments due under 12 installment contracts entered into before the date on which 13 the referendum making this Law applicable to the taxing 14 district is held; (h) made for payments of principal and 15 interest on limited bonds, as defined in Section 3 of the 16 Local Government Debt Reform Act, in an amount not to exceed 17 the debt service extension base less the amount in items (b), 18 (c), and (e) of this definition for non-referendum 19 obligations, except obligations initially issued pursuant to 20 referendum; (i) made for payments of principal and interest 21 on bonds issued under Section 15 of the Local Government Debt 22 Reform Act; and (j) made for a qualified airport authority to 23 pay interest or principal on general obligation bonds issued 24 for the purpose of paying obligations due under, or financing 25 airport facilities required to be acquired, constructed, 26 installed or equipped pursuant to, contracts entered into 27 before March 1, 1996 (but not including any amendments to 28 such a contract taking effect on or after that date). 29 "Aggregate extension" for all taxing districts to which 30 this Law applies in accordance with paragraph (2) of 31 subsection (e) of Section 18-213 means the annual corporate 32 extension for the taxing district and those special purpose 33 extensions that are made annually for the taxing district, 34 excluding special purpose extensions: (a) made for the taxing -17- LRB9205814JMmbam02 1 district to pay interest or principal on general obligation 2 bonds that were approved by referendum; (b) made for any 3 taxing district to pay interest or principal on general 4 obligation bonds issued before the effective date of this 5 amendatory Act of 1997; (c) made for any taxing district to 6 pay interest or principal on bonds issued to refund or 7 continue to refund those bonds issued before the effective 8 date of this amendatory Act of 1997; (d) made for any taxing 9 district to pay interest or principal on bonds issued to 10 refund or continue to refund bonds issued after the effective 11 date of this amendatory Act of 1997 if the bonds were 12 approved by referendum after the effective date of this 13 amendatory Act of 1997; (e) made for any taxing district to 14 pay interest or principal on revenue bonds issued before the 15 effective date of this amendatory Act of 1997 for payment of 16 which a property tax levy or the full faith and credit of the 17 unit of local government is pledged; however, a tax for the 18 payment of interest or principal on those bonds shall be made 19 only after the governing body of the unit of local government 20 finds that all other sources for payment are insufficient to 21 make those payments; (f) made for payments under a building 22 commission lease when the lease payments are for the 23 retirement of bonds issued by the commission before the 24 effective date of this amendatory Act of 1997 to pay for the 25 building project; (g) made for payments due under installment 26 contracts entered into before the effective date of this 27 amendatory Act of 1997; (h) made for payments of principal 28 and interest on limited bonds, as defined in Section 3 of the 29 Local Government Debt Reform Act, in an amount not to exceed 30 the debt service extension base less the amount in items (b), 31 (c), and (e) of this definition for non-referendum 32 obligations, except obligations initially issued pursuant to 33 referendum; (i) made for payments of principal and interest 34 on bonds issued under Section 15 of the Local Government Debt -18- LRB9205814JMmbam02 1 Reform Act; and (j) made for a qualified airport authority to 2 pay interest or principal on general obligation bonds issued 3 for the purpose of paying obligations due under, or financing 4 airport facilities required to be acquired, constructed, 5 installed or equipped pursuant to, contracts entered into 6 before March 1, 1996 (but not including any amendments to 7 such a contract taking effect on or after that date). 8 "Debt service extension base" means an amount equal to 9 that portion of the extension for a taxing district for the 10 1994 levy year, or for those taxing districts subject to this 11 Law in accordance with Section 18-213, except for those 12 subject to paragraph (2) of subsection (e) of Section 18-213, 13 for the levy year in which the referendum making this Law 14 applicable to the taxing district is held, or for those 15 taxing districts subject to this Law in accordance with 16 paragraph (2) of subsection (e) of Section 18-213 for the 17 1996 levy year, constituting an extension for payment of 18 principal and interest on bonds issued by the taxing district 19 without referendum, but not including excluded non-referendum 20 bonds. For park districts (i) that were first subject to 21 this Law in 1991 or 1995 and (ii) whose extension for the 22 1994 levy year for the payment of principal and interest on 23 bonds issued by the park district without referendum (but not 24 including excluded non-referendum bonds) was less than 51% of 25 the amount for the 1991 levy year constituting an extension 26 for payment of principal and interest on bonds issued by the 27 park district without referendum (but not including excluded 28 non-referendum bonds), "debt service extension base" means an 29 amount equal to that portion of the extension for the 1991 30 levy year constituting an extension for payment of principal 31 and interest on bonds issued by the park district without 32 referendum (but not including excluded non-referendum bonds). 33 The debt service extension base may be established or 34 increased as provided under Section 18-212. "Excluded -19- LRB9205814JMmbam02 1 non-referendum bonds" means (i) bonds authorized by Public 2 Act 88-503 and issued under Section 20a of the Chicago Park 3 District Act for aquarium and museum projects; (ii) bonds 4 issued under Section 15 of the Local Government Debt Reform 5 Act; and
or(iii) refunding obligations issued to refund or 6 to continue to refund obligations initially issued pursuant 7 to referendum. The debt service extension base may be8 established or increased as provided under Section 18-212.9 "Special purpose extensions" include, but are not limited 10 to, extensions for levies made on an annual basis for 11 unemployment and workers' compensation, self-insurance, 12 contributions to pension plans, and extensions made pursuant 13 to Section 6-601 of the Illinois Highway Code for a road 14 district's permanent road fund whether levied annually or 15 not. The extension for a special service area is not 16 included in the aggregate extension. 17 "Aggregate extension base" means the taxing district's 18 last preceding aggregate extension as adjusted under Sections 19 18-215 through 18-230. 20 "Levy year" has the same meaning as "year" under Section 21 1-155. 22 "New property" means (i) the assessed value, after final 23 board of review or board of appeals action, of new 24 improvements or additions to existing improvements on any 25 parcel of real property that increase the assessed value of 26 that real property during the levy year multiplied by the 27 equalization factor issued by the Department under Section 28 17-30 and (ii) the assessed value, after final board of 29 review or board of appeals action, of real property not 30 exempt from real estate taxation, which real property was 31 exempt from real estate taxation for any portion of the 32 immediately preceding levy year, multiplied by the 33 equalization factor issued by the Department under Section 34 17-30. In addition, the county clerk in a county containing -20- LRB9205814JMmbam02 1 a population of 3,000,000 or more shall include in the 1997 2 recovered tax increment value for any school district, any 3 recovered tax increment value that was applicable to the 1995 4 tax year calculations. 5 "Public building commission lease rental base" means an 6 amount equal to that portion of the extension for a taxing 7 district for the 1999 levy year constituting an extension for 8 payment of lease rentals under a public building commission 9 lease allocable to the retirement of bonds issued by the 10 commission. 11 "Qualified airport authority" means an airport authority 12 organized under the Airport Authorities Act and located in a 13 county bordering on the State of Wisconsin and having a 14 population in excess of 200,000 and not greater than 500,000. 15 "Recovered tax increment value" means, except as 16 otherwise provided in this paragraph, the amount of the 17 current year's equalized assessed value, in the first year 18 after a municipality terminates the designation of an area as 19 a redevelopment project area previously established under the 20 Tax Increment Allocation Development Act in the Illinois 21 Municipal Code, previously established under the Industrial 22 Jobs Recovery Law in the Illinois Municipal Code, or 23 previously established under the Economic Development Area 24 Tax Increment Allocation Act, of each taxable lot, block, 25 tract, or parcel of real property in the redevelopment 26 project area over and above the initial equalized assessed 27 value of each property in the redevelopment project area. 28 For the taxes which are extended for the 1997 levy year, the 29 recovered tax increment value for a non-home rule taxing 30 district that first became subject to this Law for the 1995 31 levy year because a majority of its 1994 equalized assessed 32 value was in an affected county or counties shall be 33 increased if a municipality terminated the designation of an 34 area in 1993 as a redevelopment project area previously -21- LRB9205814JMmbam02 1 established under the Tax Increment Allocation Development 2 Act in the Illinois Municipal Code, previously established 3 under the Industrial Jobs Recovery Law in the Illinois 4 Municipal Code, or previously established under the Economic 5 Development Area Tax Increment Allocation Act, by an amount 6 equal to the 1994 equalized assessed value of each taxable 7 lot, block, tract, or parcel of real property in the 8 redevelopment project area over and above the initial 9 equalized assessed value of each property in the 10 redevelopment project area. In the first year after a 11 municipality removes a taxable lot, block, tract, or parcel 12 of real property from a redevelopment project area 13 established under the Tax Increment Allocation Development 14 Act in the Illinois Municipal Code, the Industrial Jobs 15 Recovery Law in the Illinois Municipal Code, or the Economic 16 Development Area Tax Increment Allocation Act, "recovered tax 17 increment value" means the amount of the current year's 18 equalized assessed value of each taxable lot, block, tract, 19 or parcel of real property removed from the redevelopment 20 project area over and above the initial equalized assessed 21 value of that real property before removal from the 22 redevelopment project area. 23 Except as otherwise provided in this Section, "limiting 24 rate" means a fraction the numerator of which is the last 25 preceding aggregate extension base times an amount equal to 26 one plus the extension limitation defined in this Section and 27 the denominator of which is the current year's equalized 28 assessed value of all real property in the territory under 29 the jurisdiction of the taxing district during the prior levy 30 year. For those taxing districts that reduced their 31 aggregate extension for the last preceding levy year, the 32 highest aggregate extension in any of the last 3 preceding 33 levy years shall be used for the purpose of computing the 34 limiting rate. The denominator shall not include new -22- LRB9205814JMmbam02 1 property. The denominator shall not include the recovered 2 tax increment value. 3 (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 4 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 5 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) 6 Section 15. The Public Building Commission Act is 7 amended by changing Sections 3, 14, and 18 as follows: 8 (50 ILCS 20/3) (from Ch. 85, par. 1033) 9 Sec. 3. The following terms, wherever used, or referred 10 to in this Act, mean unless the context clearly requires a 11 different meaning: 12 (a) "Commission" means a Public Building Commission 13 created pursuant to this Act. 14 (b) "Commissioner" or "Commissioners" means a 15 Commissioner or Commissioners of a Public Building 16 Commission. 17 (c) "County seat" means a city, village or town which is 18 the county seat of a county. 19 (d) "Municipality" means any city, village or 20 incorporated town of the State of Illinois. 21 (e) "Municipal corporation" includes a county, city, 22 village, town, (including a county seat), park district, 23 school district in a county of 3,000,000 or more population, 24 board of education of a school district in a county of 25 3,000,000 or more population, sanitary district, airport 26 authority contiguous with the County Seat as of July 1, 1969 27 and any other municipal body or governmental agency of the 28 State but does not include a school district in a county of 29 less than 3,000,000 population, a board of education of a 30 school district in a county of less than 3,000,000 31 population, or a community college district in a county of 32 less than 3,000,000 population. -23- LRB9205814JMmbam02 1 (f) "Governing body" includes a city council, county 2 board, or any other body or board, by whatever name it may be 3 known, charged with the governing of a municipal corporation. 4 (g) "Presiding officer" includes the mayor or president 5 of a city, village or town, the presiding officer of a county 6 board, or the presiding officer of any other board or 7 commission, as the case may be. 8 (h) "Oath" means oath or affirmation. 9 (i) "Building" means an improvement to real estate to be 10 made available for use by a municipal corporation for the 11 furnishing of governmental services to its citizens, together 12 with any land or interest in land necessary or useful in 13 connection with the improvement. 14 (j) "Public building commission lease rental base" means 15 that term as defined in the Property Tax Extension Limitation 16 Law. 17 (Source: P.A. 88-304.) 18 (50 ILCS 20/14) (from Ch. 85, par. 1044) 19 Sec. 14. A Public Building Commission is a municipal 20 corporation and constitutes a body both corporate and politic 21 separate and apart from any other municipal corporation or 22 any other public or governmental agency. It may sue and be 23 sued, plead and be impleaded, and have a seal and alter such 24 at pleasure, have perpetual succession, make and execute 25 contracts, leases, deeds and other instruments necessary or 26 convenient to the exercise of its powers, and make and from 27 time to time amend and repeal its by-laws, rules and 28 regulations not inconsistent with this Act. In addition, it 29 has and shall exercise the following public and essential 30 governmental powers and functions and all other powers 31 incidental or necessary, to carry out and effectuate such 32 express powers: 33 (a) To select, locate and designate, at any time and -24- LRB9205814JMmbam02 1 from time to time, one or more areas lying wholly within the 2 territorial limits of the municipality or of the county seat 3 of the county in which the Commission is organized, or within 4 the territorial limits of the county if the site is to be 5 used for county purposes, or (in the case of a county having 6 a population of at least 20,000 but not more than 21,000 as 7 determined by the 1980 federal census) within the territorial 8 limits of the county if the site is to be used for municipal 9 purposes, as the site or sites to be acquired for the 10 erection, alteration or improvement of a building or 11 buildings, public improvement or other facilities for the 12 purposes set forth in this Section. The site or sites 13 selected shall be conveniently located within such county, 14 municipality or county seat and of an area in size 15 sufficiently large to accomplish and effectuate the purpose 16 of this Act and sufficient to provide for proper 17 architectural setting and adequate landscaping for such 18 building or buildings, public improvement or other 19 facilities. 20 (1) Where the governing body of the county seat or the 21 governing body of any municipality with 3,000 or more 22 inhabitants has adopted the original resolution for the 23 creation of the Commission, the site or sites selected, and 24 in the case of a project for an Airport Authority, the site 25 or sites selected, the project and any lease agreements, are 26 subject to approval by a majority of the members of the 27 governing body of the county seat or by a majority of the 28 members of the governing body of the municipality. However, 29 where the site is for a county project and is outside the 30 limits of a municipality, the approval of the site shall be 31 by the county board. 32 (2) Where the original resolution for the creation of 33 the Commission has been adopted by the governing body of the 34 county, the site or sites selected, and in the case of a -25- LRB9205814JMmbam02 1 project for an Airport Authority, the site or sites selected, 2 the project and any lease agreements, are subject to approval 3 by a majority of the members of the governing body of the 4 county and to approval by 3/4 of the members of the governing 5 body of the county seat, except that approval of 3/4 of the 6 members of the governing body of the county seat is not 7 required where the site is for a county or (in the case of a 8 county having a population of at least 20,000 but not more 9 than 21,000 as determined by the 1980 federal census) a 10 municipal project and is outside the limits of the county 11 seat, in which case approval by 3/4 of the members of the 12 governing body of any municipality where the site or sites 13 will be located is required; and, if such site or sites so 14 selected, and in the case of a project for an Airport 15 Authority, the site or sites selected, the project and any 16 lease agreements, are not approved by 3/4 of the members of 17 the governing body of the county seat the Commission may by 18 resolution request that the approval of the site or sites so 19 selected, and in the case of a project for an Airport 20 Authority, the site or sites selected, the project and any 21 lease agreements, be submitted to a referendum at the next 22 general election in accordance with the general election law, 23 and shall present such resolution to the county clerk. Upon 24 receipt of such resolution the county clerk shall immediately 25 notify the board of election commissioners, if any; however, 26 referenda pursuant to such resolution shall not be called 27 more frequently than once in 4 years. The proposition shall 28 be in substantially the following form: 29 ------------------------------------------------------------- 30 Shall ...... be acquired for the 31 erection, alteration or improvement of a 32 building or buildings pursuant to the YES 33 Public Building Commission Act, 34 approved July 5, 1955, which project -26- LRB9205814JMmbam02 1 it is estimated will cost $........., ------------------- 2 including the cost of the site 3 acquisition and for the payment of which 4 revenue bonds in the amount of $...., NO 5 maturing .... and bearing interest at 6 the rate of .....% per annum, may be issued? 7 ------------------------------------------------------------- 8 If a majority of the electors voting on the proposition vote 9 in favor of the proposition, the site or sites so selected, 10 and in the case of a project for an Airport Authority, the 11 site or sites selected, the project and any lease agreements, 12 shall be approved. Except where approval of the site or 13 sites has been obtained by referendum, the area or areas may 14 be enlarged by the Board of Commissioners, from time to time, 15 as the need therefor arises. The selection, location and 16 designation of more than one area may, but need not, be made 17 at one time but may be made from time to time. 18 (b) To acquire the fee simple title to the real property 19 located within such area or areas, including easements and 20 reversionary interests in the streets, alleys and other 21 public places and personal property required for its 22 purposes, by purchase, gift, legacy, or by the exercise of 23 the power of eminent domain, and title thereto shall be taken 24 in the corporate name of the Commission. Eminent domain 25 proceedings shall be in all respects in the manner provided 26 for the exercise of the right of eminent domain under Article 27 VII of the Code of Civil Procedure, approved August 19, 1981, 28 as amended. All land and appurtenances thereto, acquired or 29 owned by the Commission are to be deemed acquired or owned 30 for a public use or public purpose. 31 Any municipal corporation which owns fee simple title to 32 real property located within such an area, may convey such 33 real property, or any part thereof, to the Commission with a 34 provision in such conveyance for the reverter of such real -27- LRB9205814JMmbam02 1 property to the transferor municipal corporation at such time 2 as all revenue bonds and other obligations of the Commission 3 incident to the real property so conveyed, have been paid in 4 full, and such Commission is hereby authorized to accept such 5 a conveyance. 6 (c) To demolish, repair, alter or improve any building 7 or buildings within the area or areas and to erect a new 8 building or buildings, improvement and other facilities 9 within the area or areas to provide space for the conduct of 10 the executive, legislative and judicial functions of 11 government, its various branches, departments and agencies 12 thereof and to provide buildings, improvements and other 13 facilities for use by local government in the furnishing of 14 essential governmental, health, safety and welfare services 15 to its citizens; to furnish and equip such building or 16 buildings, improvements and other facilities, and maintain 17 and operate them so as to effectuate the purposes of this 18 Act. 19 (d) To pave and improve streets within such area or 20 areas, and to construct, repair and install sidewalks, 21 sewers, waterpipes and other similar facilities and site 22 improvements within such area or areas and to provide for 23 adequate landscaping essential to the preparation of such 24 site or sites in accordance with the purposes of this Act. 25 (e) To make provisions for offstreet parking facilities. 26 (f) To operate, maintain, manage and to make and enter 27 into contracts for the operation, maintenance and management 28 of such buildings and other facilities and to provide rules 29 and regulations for the operation, maintenance and management 30 thereof. 31 (g) To employ and discharge without regard to any Civil 32 Services Act, engineering, architectural, construction, legal 33 and financial experts and such other employees as may be 34 necessary in its judgment to carry out the purposes of this -28- LRB9205814JMmbam02 1 Act and to fix compensation for such employees, and enter 2 into contracts for the employment of any person, firm, or 3 corporation, and for professional services necessary or 4 desirable for the accomplishment of the objects and purposes 5 of the Commission and the proper administration, management, 6 protection and control of its property. 7 (h) To rent all or any part or parts of such building, 8 buildings, or other facilities to any municipal corporation 9 that organized or joined in the organization of the Public 10 Building Commission or to any branch, department, or agency 11 thereof, or to any branch, department, or agency of the State 12 or Federal government, or to any other state or any agency or 13 political subdivision of another state with which the 14 Commission has entered into an intergovernmental agreement or 15 contract under the Intergovernmental Cooperation Act, or to 16 any municipal corporation with which the Commission has 17 entered into an intergovernmental agreement or contract under 18 the Intergovernmental Cooperation Act, or to any other 19 municipal corporation, quasi municipal corporation, political 20 subdivision or body politic, or agency thereof, doing 21 business, maintaining an office, or rendering a public 22 service in such county for any period of time, not to exceed 23 30 years. 24 (i) To rent such space in such building or buildings as 25 from time to time may not be needed by any governmental 26 agency for such other purposes as the Board of Commissioners 27 may determine will best serve the comfort and convenience of 28 the occupants of such building or buildings, and upon such 29 terms and in such manner as the Board of Commissioners may 30 determine. 31 (j) To execute written leases evidencing the rental 32 agreements authorized in paragraphs (h) and (i) of this 33 Section. 34 (k) To procure and enter into contracts for any type of -29- LRB9205814JMmbam02 1 insurance or indemnity against loss or damage to property 2 from any cause, including loss of use and occupancy, against 3 death or injury of any person, against employer's liability, 4 against any act of any member, officer or employee of the 5 Public Building Commission in the performance of the duties 6 of his office or employment or any other insurable risk, as 7 the Board of Commissioners in its discretion may deem 8 necessary. 9 (l) To accept donations, contributions, capital grants 10 or gifts from any individuals, associations, municipal and 11 private corporations and the United States of America, or any 12 agency or instrumentality thereof, for or in aid of any of 13 the purposes of this Act and to enter into agreements in 14 connection therewith. 15 (m) To borrow money from time to time and in evidence 16 thereof to issue and sell revenue bonds in such amount or 17 amounts as the Board of Commissioners may determine to 18 provide funds for the purpose of acquiring, erecting, 19 demolishing, improving, altering, equipping, repairing, 20 maintaining and operating buildings and other facilities and 21 to acquire sites necessary and convenient therefor and to pay 22 all costs and expenses incident thereto, including, but 23 without in any way limiting the generality of the foregoing, 24 architectural, engineering, legal and financing expense, 25 which may include an amount sufficient to meet the interest 26 charges on such revenue bonds during such period or periods 27 as may elapse prior to the time when the project or projects 28 may become revenue producing and for one year in addition 29 thereto; and to refund and refinance, from time to time, 30 revenue bonds so issued and sold, as often as may be deemed 31 to be advantageous by the Board of Commissioners. 32 (n) To enter into any agreement or contract with any 33 lessee, who, pursuant to the terms of this Act, is renting or 34 is about to rent from the Commission all or part of any -30- LRB9205814JMmbam02 1 building or buildings or facilities, whereby under such 2 agreement or contract such lessee obligates itself to pay all 3 or part of the cost of maintaining and operating the premises 4 so leased. Such agreement may be included as a provision of 5 any lease entered into pursuant to the terms of this Act or 6 may be made the subject of a separate agreement or contract 7 between the Commission and such lessee. Notwithstanding any 8 contrary provision of the Property Tax Extension Limitation 9 Law, a lease entered into by a public building commission and 10 a community college district in a county with a population of 11 not less than 300,000 and not more than 400,000 before 12 October 1, 1991, may be amended to provide for the 13 continuation of an annual payment in an amount that is not 14 greater than the maximum annual payment under the lease on 15 the effective date of this amendatory Act of the 92nd General 16 Assembly. For the purposes of Section 18 of this Act, the 17 effective date of the amendment to the lease is the same as 18 the date of the original execution of that lease. 19 (Source: P.A. 86-325; 86-1215; 87-1208.) 20 (50 ILCS 20/18) (from Ch. 85, par. 1048) 21 Sec. 18. Whenever, and as often as, a municipal 22 corporation having taxing power enters into a lease with a 23 Public Building Commission, the governing body of such 24 municipal corporation shall provide by ordinance or 25 resolution, as the case may be, for the levy and collection 26 of a direct annual tax sufficient to pay the annual rent 27 payable under such lease as and when it becomes due and 28 payable, or, if applicable, in the amount of the public 29 building commission lease rental base levied for the lease. A 30 certified copy of the lease of such municipal corporation and 31 a certified copy of the tax levying ordinance or resolution, 32 as the case may be, of such municipal corporation shall be 33 filed in the office of the county clerk in each county in -31- LRB9205814JMmbam02 1 which any portion of the territory of such municipal 2 corporation is situated, which certified copies shall 3 constitute the authority for the county clerk or clerks, in 4 each case, to extend the taxes annually necessary to pay the 5 annual rent payable under such lease as and when it becomes 6 due and payable, or, if applicable, in the amount of the 7 public building commission lease rental base levied for the 8 lease. No taxes shall be extended for any lease entered into 9 after the effective date of this amendatory Act of 1993, 10 however, until after a public hearing on the lease. The clerk 11 or secretary of the governing body of the municipal 12 corporation shall cause notice of the time and place of the 13 hearing to be published at least once, at least 15 days 14 before the hearing, in a newspaper published or having 15 general circulation within the municipal corporation. If no 16 such newspaper exists, the clerk or secretary shall cause the 17 notice to be posted, at least 15 days before the hearing, in 18 at least 10 conspicuous places within the municipal 19 corporation. The notice shall be in the following form: 20 NOTICE OF PUBLIC HEARING ON LEASE between (name of the 21 municipal corporation) and (name of the public building 22 commission). 23 A public hearing regarding a lease between (name of the 24 municipal corporation) and (name of the public building 25 commission) will be held by (name of the governing body of 26 the municipal corporation) on (date) at (time) at (location). 27 The largest yearly rental payment set forth in the lease is 28 ($ amount). The maximum length of the lease is (years). 29 The purpose of the lease is (explain in 25 words or 30 less). 31 Dated (insert date). this day of .32 By Order of (name of the governing body 33 of the Municipal Corporation) 34 /s/............ -32- LRB9205814JMmbam02 1 Clerk or Secretary .2 At the hearing, all persons residing or owning property 3 in the municipal corporation shall have an opportunity to be 4 heard orally, in writing, or both. 5 Upon the filing of the certified copies of the lease and 6 the tax levying ordinance or resolution in the office of the 7 county clerk or clerks of the proper county or counties, it 8 shall be the duty of such county clerk or clerks to ascertain 9 the rate per cent which, upon the value of all property 10 subject to taxation within the municipal corporation, as that 11 property is assessed or equalized by the Department of 12 Revenue, will produce a net amount of not less than the 13 amount of the annual rent reserved in such lease, or, if 14 applicable, in the amount of the public building commission 15 lease rental base levied for the lease. The county clerk or 16 clerks shall thereupon, and thereafter annually during the 17 term of the lease, extend taxes against all of the taxable 18 property contained in that municipal corporation sufficient 19 to pay the annual rental reserved in such lease, or, if 20 applicable, in the amount of the public building commission 21 lease rental base levied for the lease. Such tax shall be 22 levied and collected in like manner with the other taxes of 23 such municipal corporation and shall be in addition to all 24 other taxes now or hereafter authorized to be levied by that 25 municipal corporation. This tax shall not be included within 26 any statutory limitation of rate or amount for that municipal 27 corporation but shall be excluded therefrom and be in 28 addition thereto and in excess thereof. If this tax is levied 29 after the year 1999, however, as part of a public building 30 commission lease rental base, the tax is subject to 31 limitation as to the amount of the public building commission 32 lease rental base. The fund realized from such tax levy shall 33 be set aside for the payment of the annual rent and shall not 34 be disbursed for any other purpose until the annual rental -33- LRB9205814JMmbam02 1 has been paid in full. This Section shall not be construed 2 to limit the power of the Commission to enter into leases 3 with any municipal corporation whether or not the municipal 4 corporation has the power of taxation. This Section shall not 5 be construed to require taxes to be levied or extended in 6 excess of the public building commission lease rental base, 7 if applicable. 8 (Source: P.A. 87-1208; 87-1279; revised 1-10-00.) 9 Section 20. The Counties Code is amended by changing 10 Section 5-1062.1 as follows: 11 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1) 12 Sec. 5-1062.1. Stormwater management planning councils 13 in Cook County. 14 (a) Stormwater management planning in Cook County shall 15 be conducted as provided in Section 7h of the Metropolitan 16 Water Reclamation District Act. References in this Section 17 to the "District" mean the Metropolitan Water Reclamation 18 District of Greater Chicago. 19 The purpose of this Section is to create planning 20 councils, organized by watershed, to contribute to the 21 stormwater management planning process by advising the 22 Metropolitan Water Reclamation District of Greater Chicago 23 and representing the needs and interests of the members of 24 the public and the local governments included within their 25 respective watersheds. allow management and mitigation of the26 effects of urbanization on stormwater drainage in Cook27 County, andThis Section applies only to Cook County. In28 addition, this Section is intended to improve stormwater and29 floodplain management in Cook County by the following:30 (1) Setting minimum standards for floodplain and31 stormwater management.32 (2) Preparing plans for the management of-34- LRB9205814JMmbam02 1 floodplains and stormwater runoff, including the2 management of natural and man-made drainage ways.3 (b) The purpose of this Section shall be achieved by the4 following:5 (1) Creating 6Stormwater management planning councils 6 shall be formed for each of the following according to the7 established watersheds of the Chicago Metropolitan Area: 8 North Branch Chicago River, Lower Des Plaines Tributaries, 9 Cal-Sag Channel, Little Calumet River, Poplar Creek, and 10 Upper Salt Creek. In addition, a stormwater management 11 planning council shall be established for the combined sewer 12 areas of Cook County. Additional stormwater management 13 planning councils may be formed by the District Stormwater14 Management Planning Committeefor other watersheds within 15 Cook County. 16 Membership on the watershed councils shall consist of the 17 chief elected official, or his or her designee, from each 18 municipality and township within the watershed and the Cook 19 County Board President, or his or her designee, if 20 unincorporated area is included in the watershed. A 21 municipality or township shall be a member of more than one 22 watershed council if the corporate boundaries of that 23 municipality ,or township extend enteredinto more than one 24 watershed, or if the municipality or township is served in 25 part by separate sewers and combined sewers. 26 Subcommittees of the stormwater management planning 27 councils may be established to assist the stormwater 28 management planning councils in performing their duties 29 preparing and implementing a stormwater management plan. The 30 councils may adopt bylaws to govern the functioning of the 31 stormwater management councils and subcommittees. 32 (2) Creating, by intergovernmental agreement, a33 county-wide Stormwater Management Planning Committee with its34 membership consisting of the Chairman of each of the-35- LRB9205814JMmbam02 1 watershed management councils, the Cook County Board2 President or his designee, and the Northeastern Illinois3 Planning Commission President or his designee.4 (c) (3)The principal duties of the watershed planning 5 councils shall be to advise the District on the development 6 and implementation of the countywide develop astormwater 7 management plan with respect to matters relating to their 8 respective watersheds and to advise and represent the 9 concerns of for the watershed area and to recommend the plan10 for adoption tothe units of local government in the 11 watershed area. The councils shall meet at least quarterly 12 and shall hold at least one public hearing during the 13 preparation of the plan. Adoption of the watershed plan14 shall be by each municipality in the watershed and by vote of15 the County Board.16 (d) (4)The District principal duty of the county-wide17 Stormwater Management Planning Committeeshall give careful 18 consideration to the recommendations and concerns of the 19 watershed planning councils throughout the planning process. 20 be to coordinate the 6 watershed plans as developed and to21 coordinate the planning process with the adjoining counties22 to ensure that recommended stormwater projects will have no23 significant adverse impact on the levels or flows of24 stormwater in the inter-county watershed or on the capacity25 of existing and planned stormwater retention facilities.The 26 District Committeeshall identify in an annual published 27 report steps taken by the District to accommodate the 28 concerns and recommendations of the watershed planning 29 councils. Committee to coordinate the development of plan30 recommendations with adjoining counties. The Committee shall31 also publish a coordinated stormwater document of all32 activity in the Cook County area and agreed upon stormwater33 planning standards.34 (5) The stormwater management planning committee shall-36- LRB9205814JMmbam02 1 submit the coordinated watershed plans to the Office of Water2 Resources of the Department of Natural Resources and to the3 Northeastern Illinois Planning Commission for review and4 recommendation. The Office and the Commission, in reviewing5 the plan, shall consider those factors as impact on the level6 or flows in the rivers and streams and the cumulative effects7 of stormwater discharges on flood levels. The review8 comments and recommendations shall be submitted to the9 watershed councils for consideration.10 (e) (6)The stormwater management planning councils 11 committeemay recommend rules and regulations to the District 12 watershed councilsgoverning the location, width, course, and 13 release rates of all stormwater runoff channels, streams, and 14 basins in their respective watersheds the county. 15 (f) (7)The Northwest Municipal Conference, the South 16 Suburban Mayors and Managers Association, and the West 17 Central Municipal Conference shall be responsible for the 18 coordination of the planning councils created under this 19 Section. 20 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.) 21 Section 25. The Metropolitan Water Reclamation District 22 Act is amended by adding Section 7h as follows: 23 (70 ILCS 2605/7h new) 24 Sec. 7h. Stormwater management. 25 (a) Stormwater management in Cook County shall be under 26 the general supervision of the Metropolitan Water Reclamation 27 District of Greater Chicago. The District has the authority 28 to plan, manage, implement, and finance activities relating 29 to stormwater management in Cook County. The authority of 30 the District with respect to stormwater management extends 31 throughout Cook County and is not limited to the area 32 otherwise within the territory and jurisdiction of the -37- LRB9205814JMmbam02 1 District under this Act. 2 For the purposes of this Section, the term "stormwater 3 management" includes, without limitation, the management of 4 floods and floodwaters. 5 (b) The District may utilize the resources of 6 cooperating local watershed councils (including the 7 stormwater management planning councils created under Section 8 5-1062.1 of the Counties Code), councils of local 9 governments, the Northeastern Illinois Planning Commission, 10 and similar organizations and agencies. The District may 11 provide those organizations and agencies with funding, on a 12 contractual basis, for providing information to the District, 13 providing information to the public, or performing other 14 activities related to stormwater management. 15 The District may enter into agreements with responsible 16 agencies in adjoining counties for the purpose of 17 accommodating planning activities on a watershed basis. 18 The District may enter into intergovernmental agreements 19 with Cook County or other units of local government that are 20 located in whole or in part outside the District for the 21 purpose of implementing the stormwater management plan and 22 providing stormwater management services in areas not 23 included within the territory of the District. 24 (c) The District shall prepare and adopt by ordinance a 25 countywide stormwater management plan for Cook County. The 26 countywide plan may incorporate one or more separate 27 watershed plans. 28 Prior to adopting the countywide stormwater management 29 plan, the District shall hold at least one public hearing 30 thereon and shall afford interested persons an opportunity to 31 be heard. 32 (d) The District may prescribe by ordinance reasonable 33 rules and regulations for floodplain and stormwater 34 management and for governing the location, width, course, and -38- LRB9205814JMmbam02 1 release rate of all stormwater runoff channels, streams, and 2 basins in Cook County, in accordance with the adopted 3 stormwater management plan. These rules and regulations 4 shall, at a minimum, meet the standards for floodplain 5 management established by the Office of Water Resources of 6 the Department of Natural Resources and the requirements of 7 the Federal Emergency Management Agency for participation in 8 the National Flood Insurance Program. 9 (e) The District may impose fees on areas outside the 10 District but within Cook County to mitigate the effects of 11 increased stormwater runoff resulting from new development. 12 The fees shall not exceed the cost of satisfying the onsite 13 stormwater retention or detention requirements of the adopted 14 stormwater management plan. The fees shall be used to 15 finance activities undertaken by the District or units of 16 local government within the District to mitigate the effects 17 of urban stormwater runoff by providing regional stormwater 18 retention or detention facilities, as identified in the plan. 19 All such fees collected by the District shall be held in a 20 separate fund. 21 (f) Amounts realized from the tax levy for stormwater 22 management purposes authorized in Section 12 may be used by 23 the District for implementing this Section and for the 24 development, design, planning, construction, operation, and 25 maintenance of regional stormwater facilities provided for in 26 the stormwater management plan. 27 The proceeds of any tax imposed under Section 12 for 28 stormwater management purposes and any revenues generated as 29 a result of the ownership or operation of facilities or land 30 acquired with the proceeds of taxes imposed under Section 12 31 for stormwater management purposes shall be held in a 32 separate fund and used either for implementing this Section 33 or to abate those taxes. 34 (g) The District may plan, implement, finance, and -39- LRB9205814JMmbam02 1 operate regional stormwater management projects in accordance 2 with the adopted countywide stormwater management plan. 3 The District shall provide for public review and comment 4 on proposed stormwater management projects. The District 5 shall conform to State and federal requirements concerning 6 public information, environmental assessments, and 7 environmental impacts for projects receiving State or federal 8 funds. 9 The District may issue bonds under Section 9.6a of this 10 Act for the purpose of funding stormwater management 11 projects. 12 The District shall not use Cook County Forest Preserve 13 District land for stormwater or flood control projects 14 without the consent of the Forest Preserve District. 15 (h) Upon the creation and implementation of a county 16 stormwater management plan, the District may petition the 17 circuit court to dissolve any or all drainage districts 18 created pursuant to the Illinois Drainage Code or predecessor 19 Acts that are located entirely within the District. 20 However, any active drainage district implementing a plan 21 that is consistent with and at least as stringent as the 22 county stormwater management plan may petition the District 23 for exception from dissolution. Upon filing of the petition, 24 the District shall set a date for hearing not less than 2 25 weeks, nor more than 4 weeks, from the filing thereof, and 26 the District shall give at least one week's notice of the 27 hearing in one or more newspapers of general circulation 28 within the drainage district, and in addition shall cause a 29 copy of the notice to be personally served upon each of the 30 trustees of the drainage district. At the hearing, the 31 District shall hear the drainage district's petition and 32 allow the drainage district trustees and any interested 33 parties an opportunity to present oral and written evidence. 34 The District shall render its decision upon the petition for -40- LRB9205814JMmbam02 1 exception from dissolution based upon the best interests of 2 the residents of the drainage district. In the event that 3 the exception is not allowed, the drainage district may file 4 a petition with the circuit court within 30 days of the 5 decision. In that case, the notice and hearing requirements 6 for the court shall be the same as provided in this 7 subsection for the petition to the District. The court shall 8 render its decision of whether to dissolve the district based 9 upon the best interests of the residents of the drainage 10 district. 11 The dissolution of a drainage district shall not affect 12 the obligation of any bonds issued or contracts entered into 13 by the drainage district nor invalidate the levy, extension, 14 or collection of any taxes or special assessments upon the 15 property in the former drainage district. All property and 16 obligations of the former drainage district shall be assumed 17 and managed by the District, and the debts of the former 18 drainage district shall be discharged as soon as practicable. 19 If a drainage district lies only partly within the 20 District, the District may petition the circuit court to 21 disconnect from the drainage district that portion of the 22 drainage district that lies within the District. The 23 property of the drainage district within the disconnected 24 area shall be assumed and managed by the District. The 25 District shall also assume a portion of the drainage 26 district's debt at the time of disconnection, based on the 27 portion of the value of the taxable property of the drainage 28 district which is located within the area being disconnected. 29 A drainage district that continues to exist within Cook 30 County shall conform its operations to the countywide 31 stormwater management plan. 32 (i) The District may assume responsibility for 33 maintaining any stream within Cook County. 34 (j) The District may, after 10 days written notice to -41- LRB9205814JMmbam02 1 the owner or occupant, enter upon any lands or waters within 2 the county for the purpose of inspecting stormwater 3 facilities or causing the removal of any obstruction to an 4 affected watercourse. The District shall be responsible for 5 any damages occasioned thereby. 6 (k) The District shall report to the public annually on 7 its activities and expenditures under this Section and the 8 adopted countywide stormwater management plan. 9 (l) The powers granted to the District under this 10 Section are in addition to the other powers granted under 11 this Act. This Section does not limit the powers of the 12 District under any other provision of this Act or any other 13 law. 14 (m) This Section does not affect the power or duty of 15 any unit of local government to take actions relating to 16 flooding or stormwater, so long as those actions conform with 17 this Section and the plans, rules, and ordinances adopted by 18 the District under this Section. 19 A home rule unit located in whole or in part in Cook 20 County (other than a municipality with a population over 21 1,000,000) may not regulate stormwater management or planning 22 in Cook County in a manner inconsistent with this Section or 23 the plans, rules, and ordinances adopted by the District 24 under this Section; provided, within a municipality with a 25 population over 1,000,000, the stormwater management planning 26 program of Cook County shall be conducted by that 27 municipality or, to the extent provided in an 28 intergovernmental agreement between the municipality and the 29 District, by the District pursuant to this Section; provided 30 further that the power granted to such municipality shall not 31 be inconsistent with existing powers of the District. 32 Pursuant to paragraph (i) of Section 6 of Article VII of the 33 Illinois Constitution, this Section specifically denies and 34 limits the exercise of any power that is inconsistent with -42- LRB9205814JMmbam02 1 this Section by a home rule unit that is a county with a 2 population of 1,500,000 or more or is located, in whole or in 3 part, within such a county, other than a municipality with a 4 population over 1,000,000. 5 (70 ILCS 2605/12) (from Ch. 42, par. 332) 6 Sec. 12. The board of commissioners annually may levy 7 taxes for corporate purposes upon property within the 8 territorial limits of such sanitary district, the aggregate 9 amount of which, exclusive of the amount levied for (a) the 10 payment of bonded indebtedness and the interest on bonded 11 indebtedness (b) employees' annuity and benefit purposes (c) 12 construction purposes, and (d) for the purpose of 13 establishing and maintaining a reserve fund for the payment 14 of claims, awards, losses, judgments or liabilities which 15 might be imposed on such sanitary district under the Workers' 16 Compensation Act or the Workers' Occupational Diseases Act, 17 and any claim in tort, including but not limited to, any 18 claim imposed upon such sanitary district under the Local 19 Governmental and Governmental Employees Tort Immunity Act, 20 and for the repair or replacement of any property owned by 21 such sanitary district which is damaged by fire, flood, 22 explosion, vandalism or any other peril, natural or manmade, 23 shall not exceed the sum produced by extending the rate of 24 .46% for each of the years year1979 through 2001 and by 25 extending the rate of 0.41% for the year 2002 and each year 26 thereafter, upon the assessed valuation of all taxable 27 property within the sanitary district as equalized and 28 determined for State and local taxes. 29 In addition, for stormwater management purposes, 30 including but not limited to those provided in subsection (f) 31 of Section 7h, the board of commissioners may levy taxes for 32 the year 2002 and each year thereafter at a rate not to 33 exceed 0.05% of the assessed valuation of all taxable -43- LRB9205814JMmbam02 1 property within the district as equalized and determined for 2 State and local taxes. 3 AndIn addition thereto, for construction purposes as 4 defined in Section 5.2 of this Act, the board of 5 commissioners may levy taxes for the year 1985 and each year 6 thereafter which shall be at a rate not to exceed .10% of the 7 assessed valuation of all taxable property within the 8 sanitary district as equalized and determined for State and 9 local taxes. Amounts realized from taxes so levied for 10 construction purposes shall be limited for use to such 11 purposes and shall not be available for appropriation or used 12 to defray the cost of repairs to or expense of maintaining or 13 operating existing or future facilities, but such 14 restrictions, however, shall not apply to additions, 15 alterations, enlargements, and replacements which will add 16 appreciably to the value, utility, or the useful life of said 17 facilities. 18 Such rates shall be extended against the assessed 19 valuation of the taxable property within the corporate limits 20 as the same shall be assessed and equalized for the county 21 taxes for the year in which the levy is made and said board 22 shall cause the amount to be raised by taxation in each year 23 to be certified to the county clerk on or before the 24 thirtieth day of March; provided, however, that if during the 25 budget year the General Assembly authorizes an increase in 26 such rates, the board of commissioners may adopt a 27 supplemental levy and shall make such certification to the 28 County Clerk on or before the thirtieth day of December. 29 For the purpose of establishing and maintaining a reserve 30 fund for the payment of claims, awards, losses, judgments or 31 liabilities which might be imposed on such sanitary district 32 under the Workers' Compensation Act or the Workers' 33 Occupational Diseases Act, and any claim in tort, including 34 but not limited to, any claim imposed upon such sanitary -44- LRB9205814JMmbam02 1 district under the Local Governmental and Governmental 2 Employees Tort Immunity Act, and for the repair or 3 replacement, where the cost thereof exceeds the sum of 4 $10,000, of any property owned by such sanitary district 5 which is damaged by fire, flood, explosion, vandalism or any 6 other peril, natural or man-made, such sanitary district may 7 also levy annually upon all taxable property within its 8 territorial limits a tax not to exceed .005% of the assessed 9 valuation of said taxable property as equalized and 10 determined for State and local taxes; provided, however, the 11 aggregate amount which may be accumulated in such reserve 12 fund shall not exceed .05% of such assessed valuation. 13 All taxes so levied and certified shall be collected and 14 enforced in the same manner and by the same officers as State 15 and county taxes, and shall be paid over by the officer 16 collecting the same to the treasurer of the sanitary 17 district, in the manner and at the time provided by the 18 general revenue law. No part of the taxes hereby authorized 19 shall be used by such sanitary district for the construction 20 of permanent, fixed, immovable bridges across any channel 21 constructed under the provisions of this Act. All bridges 22 built across such channel shall not necessarily interfere 23 with or obstruct the navigation of such channel, when the 24 same becomes a navigable stream, as provided in Section 24 of 25 this Act, but such bridges shall be so constructed that they 26 can be raised, swung or moved out of the way of vessels, 27 tugs, boats or other water craft navigating such channel. 28 Nothing in this Act shall be so construed as to compel said 29 district to maintain or operate said bridges, as movable 30 bridges, for a period of 9 years from and after the time when 31 the water has been turned into said channel pursuant to law, 32 unless the needs of general navigation of the Des Plaines and 33 Illinois Rivers, when connected by said channel, sooner 34 require it. In levying taxes the board of commissioners, in -45- LRB9205814JMmbam02 1 order to produce the net amount required by the levies for 2 payment of bonds and interest thereon, shall include an 3 amount or rate estimated to be sufficient to cover losses in 4 collection of taxes, the cost of collecting taxes, abatements 5 in the amount of such taxes as extended on the collector's 6 books and the amount of such taxes collection of which will 7 be deferred; the amount so added for the purpose of producing 8 the net amount required shall not exceed any applicable 9 maximum tax rate or amount. 10 (Source: P.A. 84-630.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.".
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