(70 ILCS 2605/88) (from Ch. 42, par. 349.88)
Sec. 88.
Drainage; navigation; special assessments.
(a) The board of trustees of said sanitary district shall have the right
to provide for the drainage of the additional territory added to said
sanitary district by Section 86 by laying out, establishing, constructing and
maintaining one or more channels, drains, ditches and outlets for carrying
off and disposing of the drainage (including the sewage) of such district,
together with such adjuncts and additions thereto as may be necessary or
proper to cause such channels or outlets to accomplish the end for which
they are designed in a satisfactory manner and shall have the right to use
what is known as the "Calumet feeder" of the Illinois and Michigan Canal
and lands adjacent to such feeder belonging to the State of Illinois for
the site of any such channel, within the limits of the county in which such
district is situated, in such manner as said district may elect, and shall
also have the right to construct a channel across said Illinois and
Michigan Canal, without being required to restore said Illinois and
Michigan Canal or said feeder to its former usefulness. If, by reason of
said abandonment, a stagnant stream or pool of water shall remain upon the
deposits of Chicago sewage, accumulated in said Illinois and Michigan Canal
by reason of its years of usefulness by the City of Chicago as a sewage
outlet, said sanitary district shall fill up said canal to a depth
sufficient to remove said condition and prevent the spread of pestilence
and disease throughout the territory in which said Illinois and Michigan
Canal is abandoned; and the other powers and jurisdictions of said sanitary
district of Chicago over and in connection with such added territory shall
be the same as that vested in it over the territory included within the
limits of said sanitary district as originally organized. Before said
Calumet channel is connected with the present main sanitary channel, gates
of suitable pattern for shutting off the flow of water into said Calumet
channel shall be installed at or near the connection of said Calumet
channel with the Calumet river and forever maintained for use in case of an
emergency, and for the protection of the property and lives of residents of
the Illinois valley, and shall maintain the same proportion of dilution of
sewage through such auxiliary channels as it may construct and join to its
main channel as is now required by the act creating said sanitary district:
Provided, however, that before any such channel is constructed across said
Illinois and Michigan Canal, or the navigation of said canal in any manner
interfered with, said sanitary district of Chicago shall connect its
present main channel from the controlling works at Lockport with the upper
basin of the Illinois and Michigan Canal at Joliet by a channel of a depth
of not less than ten (10) feet and a width of not less than one hundred and
sixty (160) feet through its entire length, in which channel so to be
constructed, said sanitary district shall provide and construct a lock or
locks of the size of at least twenty-two (22) feet in width by one hundred
and thirty (130) feet in length between mitre sills, connecting upper and
lower levels, and provide suitable protection for water craft in using said
locks and channel. Said locks shall be constructed of the most approved
pattern of their size, and be perfectly safe for use and be equipped with
machinery to operate the same; and if only one lock is constructed it shall
be provided with double gates to prevent accident, and said sanitary
district shall forever maintain and operate the same: Provided, further,
that said sanitary district shall furnish and provide at said lock a site
of the dimensions of at least twenty by thirty feet upon which the state
through the Canal Commissioners shall have the right to erect a suitable
office building and keep an agent therein, and the Canal Commissioners
shall have such authority in and about said lock as is necessary to enforce
the rules and regulations prescribed by them pertaining to and governing
navigation on the Illinois and Michigan Canal: Provided, further, that said
sanitary district shall furnish, free of all expense, for the perpetual use
of the Canal Commissioners, at some point in the Township of Lockport to be
agreed upon by the Canal Commissioners and the sanitary district trustees,
a strip or parcel of land bordering upon said sanitary channel, eight
hundred (800) feet in length and one hundred and thirty (130) feet in
width, filling the same to a suitable depth to provide suitable roadways
for approaches, whereon may be located, constructed and operated, docks,
shops, barns and other buildings controlled by the Canal Commissioners and
used in connection with the operation of the Illinois and Michigan Canal.
(b) Said sanitary district shall permit all water craft navigating or
proposing to navigate said Illinois and Michigan Canal to navigate the
water of all said channels of said sanitary district promptly, without
delay and without payment of any tolls or lockage charges for so navigating
in said channels. The rules of the United States government now in force,
regulating navigation on the Chicago river shall govern navigation on the
channels of said sanitary district of Chicago: Provided, however, that the
speed of all vessels while passing through the earth sections shall not
exceed eight (8) miles per hour.
(c) Said sanitary district of Chicago shall have no power to levy and
collect any special assessment or special tax upon any part of said added
territory to defray or pay any part of the cost, either of the work
heretofore done by said sanitary district or any main channel hereafter to
be constructed in said added territory.
(d) That the said sanitary district of Chicago is hereby authorized to
construct all such dams, waterwheels and other works north of the upper
basin of the Illinois and Michigan Canal as may be necessary or appropriate
to develop and render available the power arising from the water passing
through its main channel and any auxiliary channels now or hereafter
constructed by said district.
(e) That the power made available by the works constructed under the
provisions of this act shall be converted into electrical energy and shall
be transmitted to the various cities, villages and towns within said
sanitary district or adjacent to the main channel of said sanitary district
and may be used in the lighting of said cities, villages and towns, or
parts thereof, or for the operation of pumping plants or machinery used for
municipal purposes or for public service, or may be disposed of to any
other person or corporation, upon such terms and conditions as may be
agreed to by the said sanitary district: Provided, however, that it shall
be the duty of said sanitary district to utilize so much of said power as
may be required for that purpose to operate the pumping stations, bridges
and other machinery of said sanitary district.
(f) For the purpose of meeting the expenditures arising from
the exercise of the powers conferred by sections five and six of this act
upon the said sanitary district, the said sanitary district of Chicago is
hereby authorized to levy and collect in each year, for a period of three
years (in addition to the taxes which said district is now by law
authorized to levy and collect) a tax of not exceeding .0625 per cent of
the full, fair cash value, as equalized or assessed by the Department of
Revenue, of the taxable property within the corporate limits of said
district for the year in which the levy is made. The county clerk, in
extending said .0625 per cent tax upon the taxable property within said
sanitary district, shall not in any event reduce the same, but in that respect
said .0625 per cent shall not be subject to the provisions of the Property
Tax Code.
(g) The said sanitary district shall, at the expense of said district,
in all respects comply with the provisions of the acts of Congress of March
22, 1822, and March 2, 1827, as construed by the courts of last resort of
the State of Illinois and of the United States, in relation to the Illinois
and Michigan Canal, so far as it affects that portion of the Illinois and
Michigan Canal vacated or abandoned by the terms of this Act.
(Source: P.A. 87-834; 88-670, eff. 12-2-94.)
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