Public Act 098-0069
 
HB3370 EnrolledLRB098 10891 OMW 41416 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 Metropolitan Water Reclamation District Act 
is amended  by changing Section 12 as follows:
 



    (70 ILCS 2605/12)  (from Ch. 42, par. 332)



    Sec. 12. Power to levy taxes. The board of commissioners 
annually may levy taxes for
corporate purposes upon property 
within the territorial limits of such
sanitary district, the 
aggregate amount of which, exclusive of the
amount levied for 
(a) the payment of bonded indebtedness and the
interest on 
bonded indebtedness (b) employees' annuity and benefit

purposes (c) construction purposes, and (d) for the purpose of

establishing and maintaining a reserve fund for the payment of 
claims,
awards, losses, judgments, or liabilities, 
settlements, or demands and associated attorney's fees and 
costs that which might be imposed on or incurred by such

sanitary district in matters including, but not limited to, 
under the Workers' Compensation Act or the Workers'

Occupational Diseases Act, and any claim in tort, including but 
not
limited to, any claim imposed upon such sanitary district 
under the
Local Governmental and Governmental Employees Tort 
Immunity Act, any claim of deprivation of any constitutional or 
statutory right or protection, for all expenses, fees, and 
costs, both direct and in support of and for
all costs related 
to the repair or replacement of any property owned by such 
sanitary
district which is damaged by fire, flood, explosion, 
vandalism or any
other peril, natural or manmade, shall not 
exceed the sum produced by
extending the rate of
.46% for each 
of the years 1979 through 2004 and by extending the rate of 
0.41% for the year 2005 and each year thereafter, upon the 
assessed
valuation of all taxable property within the sanitary 
district as
equalized and determined for State and local taxes.  
    In addition, for stormwater management purposes, including 
but not limited to those provided in subsection (f) of Section 
7(h), the board of commissioners may levy taxes for the year 
2005 and each year thereafter at a rate not to exceed 0.05% of 
the assessed valuation of all taxable property within the 
District as equalized and determined for State and local taxes.

    And in addition
thereto, for construction purposes as 
defined in Section 5.2 of this
Act, the board of commissioners 
may levy taxes for the year 1985 and
each year thereafter which 
shall be at a rate not to exceed .10%
of the assessed valuation 
of all taxable property within the sanitary
district as 
equalized and determined for State and local taxes.  Amounts

realized from taxes so levied for construction purposes shall 
be limited
for use to such purposes and shall not be
available 
for appropriation or used to defray the cost of repairs to or

expense of maintaining or operating existing or future 
facilities, but
such restrictions, however, shall not apply to 
additions, alterations,
enlargements, and replacements which 
will add appreciably to the value,
utility, or the useful life 
of said facilities.  Such rates shall be
extended against the 
assessed valuation of the taxable property within
the corporate 
limits as the same shall be assessed and equalized for the

county taxes for the year in which  the levy is made and said 
board
shall cause the amount to be raised by taxation in each 
year to be
certified to the county clerk on or before the 
thirtieth day of March;
provided, however, that if during the 
budget year the General Assembly
authorizes an increase in such 
rates, the board of commissioners may
adopt a supplemental levy 
and shall make such certification to the
County Clerk on or 
before the thirtieth day of December.

    For the purpose of establishing and maintaining a reserve 
fund for
the payment of claims, awards, losses, judgments, or 
liabilities, settlements, or demands and associated attorney's 
fees and costs that which
might be imposed on or incurred by 
such sanitary district in matters including, but not limited 
to, under the Workers'
Compensation Act or the Workers' 
Occupational Diseases Act, and any
claim in tort, including but 
not limited to, any claim imposed upon such
sanitary district 
under the Local Governmental and Governmental
Employees Tort 
Immunity Act, any claim of deprivation of any constitutional or 
statutory right or protection, for all expenses, fees, and 
costs, both direct and in support and for all costs related to 
the repair or replacement, where
the cost thereof exceeds the 
sum of $10,000, of any property owned by
such sanitary district 
which is damaged by fire, flood, explosion,
vandalism or any 
other peril, natural or man-made, such sanitary
district may 
also levy annually upon all taxable property within its

territorial limits a tax not to exceed .005% of the assessed 
valuation
of said taxable property as equalized and determined 
for State and local
taxes; provided, however, the aggregate 
amount which may be accumulated
in such reserve fund shall not 
exceed .05% of such assessed valuation.

    All taxes so levied and certified shall be collected and 
enforced in
the same manner and by the same officers as State 
and county taxes, and
shall be paid over by the officer 
collecting the same to the treasurer
of the sanitary district, 
in the manner and at the time provided by the
general revenue 
law. No part of the taxes hereby authorized shall be
used by 
such sanitary district for the construction of permanent, 
fixed,
immovable bridges across any channel constructed under 
the provisions of
this Act. All bridges built across such 
channel shall not necessarily
interfere with or obstruct the 
navigation of such channel, when the same
becomes a navigable 
stream, as provided in Section 24 of this Act, but
such bridges 
shall be so constructed that they can be raised, swung or
moved 
out of the way of vessels, tugs, boats or other water craft

navigating such channel. Nothing in this Act shall be so 
construed as to
compel said district to maintain or operate 
said bridges, as movable
bridges, for a period of 9 years from 
and after the time when the water
has been turned into said 
channel pursuant to law, unless the needs of
general navigation 
of the Des Plaines and Illinois Rivers, when
connected by said 
channel, sooner require it. In levying taxes the board
of 
commissioners, in order to produce the net amount required by 
the
levies for payment of bonds and interest thereon, shall 
include an
amount or rate estimated to be sufficient to cover 
losses in collection
of taxes, the cost of collecting taxes, 
abatements in the amount of such
taxes as extended on the 
collector's books and the amount of such taxes
collection of 
which will be deferred; the amount so added for the
purpose of 
producing the net amount required shall not exceed any

applicable maximum tax rate or amount.

(Source: P.A. 96-164, eff. 8-10-09.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.