Public Act 096-1070
 
SB2520 EnrolledLRB096 17141 RLJ 32469 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Metro-East Sanitary District Act of 1974 is 
amended  by changing Sections 5-1 and 5-2 and  by adding Section 
2-11 as follows:
 
    (70 ILCS 2905/2-11  new)
    Sec. 2-11. Annexation. Notwithstanding any other provision 
of law, the board of commissioners of a sanitary district may, 
by ordinance, annex property within any unit of local 
government, including a home rule unit, if the property is 
contiguous to the corporate limits of the sanitary district and 
served by the sanitary district. The ordinance must describe 
the property to be annexed. A copy of the ordinance with an 
accurate map of the annexed property, certified as correct by 
either the clerk or the executive director of the district, 
shall be filed with the county clerk of the county in which the 
annexed property is located or the county clerk of the county 
in which the predecessor district was organized. For the 
purposes of this Act, property is served by a sanitary district 
if (i) the property is served by any work or improvements of 
the sanitary district either then existing or then authorized 
by the sanitary district; or (ii) the property is within the 
boundaries of any work or improvements of such sanitary 
district including but not limited to levees, flood walls, and 
embankments that protect or reduce the risk to the property 
from overflow from any river, tributary stream, or 
water-course. Upon annexation into the corporate limits of the 
sanitary district under this Section, the property shall be 
subject to all powers and rights of the district and its board 
of commissioners for all purposes, including but not limited to 
taxation, and subject to all ordinances of the district as 
though the property had been within the corporate limits when 
the district was organized under this Act.
 



    (70 ILCS 2905/5-1)  (from Ch. 42, par. 505-1)


    Sec. 5-1. Taxes; levy. 
    (a) The board may levy and collect taxes for corporate

purposes on taxable property within the corporate boundaries of 
the district including property annexed pursuant to Section 
2-11. Such taxes shall be levied by ordinance specifying the 
purposes
for which the same are required, and a certified copy 
of such ordinance
shall be filed with the county clerk of the 
county in which the predecessor
district was organized, on or 
before the second Tuesday in August, as
provided in Section 122 
of the Revenue Act of 1939 (superseded by Section
14-10 of the 
Property Tax Code).  Any excess funds accumulated prior to 
January 1, 2008 by the sanitary district that are collected by 
levying taxes pursuant to 745 ILCS 10/9-107 may be expended by 
the sanitary district to maintain, repair, improve, or 
construct levees or any part of the levee system and to provide 
capital moneys for levee or river-related scientific studies, 
including the construction of facilities for such purposes. For 
the purposes of this subsection (a), the excess funds withdrawn 
from the Local Governmental and Governmental Employees Tort 
Immunity Fund may not be more than 90% of the balance of that 
fund on December 31, 2007. After the assessment for the current 
year
has been equalized by the Department of Revenue, the board 
shall, as soon as
may be, ascertain and certify to
such county 
clerk the total value of all taxable property lying within
the 
corporate limits of such districts in each of the counties in 
which
the district is situated, as the same is assessed and 
equalized for tax
purposes for the current year. The county 
clerk shall ascertain the rate
per cent which, upon the total 
valuation of all such property,
ascertained as above stated, 
would produce a net amount not less than the
amount so directed 
to be levied; and the clerk shall, without delay,
certify under 
his signature and seal of office to the county clerk of such

other county, in which a portion of the district is situated 
such rate
per cent; and it shall be the duty of each of the 
county clerks to
extend such tax in a separate column upon the 
books of the collector or
collectors of the county taxes for 
the counties, against all property in
their respective 
counties, within the limits of the district. All taxes
so 
levied and certified shall be collected and enforced in the 
same
manner, and by the same officers as county taxes, and 
shall be paid over
by the officers collecting the same, to the 
treasurer of the sanitary
district, in the manner and at the 
time provided by the Property Tax Code. The aggregate amount of 
taxes levied for any one year,
exclusive of the amount levied 
for the payment of bonded indebtedness and
interest thereon, 
shall not exceed the rate of .20%, or the rate limitation of

the predecessor district in effect on July 1, 1967, or the rate 
limitation set
by subsection (b) whichever is greater, of 
value, as equalized or assessed by
the Department of Revenue. 
The foregoing limitations upon tax rates may be
increased or 
decreased under the referendum provisions of the Property Tax

Code.

    (b) The tax rate limit of the district may be changed to 
.478% of the
value of property as equalized or assessed by the 
Department of Revenue for
a period of 5 years and to .312% of 
such value thereafter upon the approval
of the electors of the 
district of such a proposition submitted at any
regular 
election pursuant to a resolution of the board of commissioners 
or
submitted at an election for officers of the counties of St. 
Clair and
Madison in accordance with the general election law 
upon a petition signed
by not fewer than 10% of the legal 
voters in the district, which percentage
shall be determined on 
the basis of the number of votes cast at the last
general 
election preceding the filing of such petition specifying the 
tax
rate to be submitted. Such petition shall be filed with the 
executive
director of the district not more than 10 months nor 
less than 5 months
prior to the election at which the question 
is to be submitted to the
voters of the district, and its 
validity shall be determined as provided by
the general 
election law. The executive director shall certify the question

to the proper election officials, who shall submit the question 
to the voters. 

    Notice shall be given in the manner provided by the general 
election law.

    Referenda initiated under this subsection shall be subject 
to the provisions
and limitations of the general election law.

    The question  shall be in substantially the following form:

-------------------------------------------------------------

    Shall the maximum tax rate

for the Metro-East Sanitary

District be established at                  YES

.478% of the equalized assessed

value for 5 years and then at .312%   -----------------------

of the equalized assessed value

thereafter, instead of .2168%, the          NO

maximum rate otherwise applicable

to the next taxes to be extended?

-------------------------------------------------------------

    The ballot shall have printed thereon, but not as a part of 
the
proposition submitted, an estimate of the approximate 
amount extendable
under the proposed rate and of the 
approximate amount extendable under
the rate otherwise 
applicable to the next taxes to be extended, such
amounts being 
computed upon the last known equalized assessed value;

provided, that any error, miscalculation or inaccuracy in 
computing such
amounts shall not invalidate or affect the 
validity of any tax rate
limit so adopted.

    If a majority of all ballots cast on such proposition shall 
be in
favor of the proposition, the tax rate limit so 
established shall become
effective with the levy next following 
the referendum; provided that nothing in
this subsection shall 
be construed as precluding the extension of taxes at
rates less 
than that authorized by such referendum.

    Except as herein otherwise provided, the referenda 
authorized by the
terms of this subsection shall be conducted 
in all respects in the manner
provided by the general election 
law.

(Source: P.A. 95-723, eff. 6-23-08.)

 



    (70 ILCS 2905/5-2)  (from Ch. 42, par. 505-2)


    Sec. 5-2. Bonds. Subject to the referendum provided for in 
Section 5-3, the board may
borrow money for corporate purposes 
on the credit of the corporation,
and issue bonds therefor, in 
such amounts and form, and on such
conditions as it shall 
prescribe, but shall not become indebted in any
manner, or for 
any purpose, to an amount, including existing
indebtedness, in 
the aggregate to exceed 5.75% of the value of the taxable

property, including property annexed pursuant to Section 2-11, 
in said district, to be ascertained by the last assessment for

taxes previous to the incurring of such indebtedness
or, until 
January 1, 1983, if greater, the sum that is produced by 
multiplying
the district's 1978 equalized assessed valuation 
by the debt limitation
percentage in effect on January 1, 1979; 
and before or at
the time of incurring any indebtedness, shall 
provide for the collection
of a direct annual tax sufficient to 
pay the interest on such debt, as
it falls due, and also to pay 
and discharge the principal thereof,
within 20 years after 
contracting the same.

    The bonds shall be sold to the highest and best responsible 
bidder
therefor. Notice of the time and place bids will be 
publicly opened
shall be given by publication in a newspaper 
having general circulation
in the district, once each week for 
3 successive weeks, the last
publication to be at least one 
week prior to the time specified in the
notice for the opening 
of bids.

(Source: P.A. 81-165.)