(70 ILCS 2205/0.01) (from Ch. 42, par. 246h)
Sec. 0.01.
Short title.
This Act may be cited as the
Sanitary District Act of 1907.
(Source: P.A. 86-1324.)
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(70 ILCS 2205/1) (from Ch. 42, par. 247)
Sec. 1.
Whenever any area of contiguous territory within the limits
of two counties, having within its limits two or more
incorporated cities or villages, and an aggregate population of not less
than 3,500 inhabitants, shall be so situate as to be subject to overflow
from any river or tributary thereof, and the maintenance of one or more
levees for the protection of the same against such overflow, and of a
new or improved outlet for the drainage thereof, will conduce to the
preservation of the public health and safety, the same may be
incorporated as a sanitary district, in the manner following: Any three
hundred legal voters resident within the limits of such proposed
district, may petition the circuit court for the county in which the
majority of such petitioners reside, to cause the question to be
submitted to the legal voters of said proposed district, whether they
will organize as a sanitary district under this act. Such petition shall
contain the name of such proposed sanitary district, and a definite
description of the territory intended to be embraced therein: Provided,
no territory shall be included within more than one sanitary district
under this act.
(Source: Laws 1967, p. 3817.)
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(70 ILCS 2205/2) (from Ch. 42, par. 248)
Sec. 2.
Upon the filing of such petition in the office of the circuit clerk
of said county it shall be the duty of the court to consider the boundaries
of such proposed district, whether the same shall be described in said
petition or otherwise. Four weeks' notice shall be given by the court of
the time and place where such boundaries will be considered, by publication
in one or more newspapers published in each of said counties. At such
hearing all persons in the proposed sanitary district shall have an
opportunity to be heard touching the location and boundary of such proposed
district; and after hearing such evidence and suggestions as may be
offered, the court shall fix and determine the limits and boundaries of
said proposed district, and for that purpose, and to that extent, may alter
and amend such petition.
(Source: Laws 1967, p. 3817.)
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(70 ILCS 2205/3) (from Ch. 42, par. 249)
Sec. 3.
Upon such determination, the court shall order to be submitted
to the legal voters of the proposed sanitary
district at an election in which all of the electors in the proposed district
may vote the
question of the organization and establishment thereof, as determined by
the commissioners, or a majority of them. The court shall certify its
order and the question to the proper election officials who shall submit
the question at an election in accordance with the general election law.
In addition to the requirements of the general election
law, notice of such
election shall state briefly the purpose of
such election, and contain a description of the proposed district. Each
legal voter residing within the proposed sanitary district shall have
the right to cast a vote at such election. The question shall be
in substantially the following form: "For
Sanitary District" or "Against Sanitary District". If a majority of the votes
cast upon the question of the
incorporation of the proposed sanitary district shall be in favor of the
same, the inhabitants thereof shall be deemed to have accepted the
provisions of this Act, and the same shall thenceforth be deemed an
organized sanitary district under this Act, with the name stated in the
petition.
(Source: P.A. 81-1489.)
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(70 ILCS 2205/4) (from Ch. 42, par. 250)
Sec. 4.
Upon the organization of such sanitary district, the circuit court
shall order the election of the corporate authorities. Thereupon, the
clerk of the circuit court shall certify said order to the proper election
official, who shall conduct such election at the time and in the manner
provided by the general election law for the election of such officers.
Nomination petitions for this initial election shall be filed within the
time provided by the general election law with the circuit court clerk who
shall perform the election duties of the secretary of the district for such
first election.
(Source: P.A. 81-1490.)
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(70 ILCS 2205/5) (from Ch. 42, par. 251)
Sec. 5.
There shall be 5 trustees, elected as provided in this Section,
who shall constitute a board of trustees for the sanitary district. The
trustees shall hold office for 4 years, and until their successors are elected
and qualified.
At all regular elections held after August 20, 1965, 3 trustees shall be
elected from the territory of the district in the county having the greater
assessed valuation of the district and 2 trustees shall be elected from the territory
of the district in the county having the lesser assessed valuation of the
district. However, all trustees shall be elected from the district as a
whole if the equalized assessed valuation of the district for taxation purposes
is less than $100,000,000. The election of trustees to succeed the first
board of trustees shall be held at the election provided by the general
election law in
the year their term expires, and every 4 years thereafter. The trustees
shall choose one of
their number as president and one as
vice-president. In case of the death, resignation, absence from the
state, or other disability of the president, the powers, duties and
emoluments of the office of president shall devolve upon the
vice-president, until such disability is removed or until a successor to
the president is elected or appointed and chosen in the manner provided
in this Act. All elections for trustees of such sanitary districts shall
be held under the provisions of the general
election laws of this State.
In the event there is to be a division of trustees between the counties
having a territory within the district, only those voters residing within
the limits of the territory of such sanitary district within a county shall
be allowed to vote for trustees of the sanitary district, elected from such
county. If all trustees are elected at large in the district, any voter
residing within the limits of the district may vote for the trustees of
his choice irrespective of his county of residence.
In case of a vacancy in the office of trustee of any sanitary district
the county clerk of the county in which the trustee whose office is vacant
resided shall notify the Governor of any such vacancy, whereupon the Governor
shall issue a writ of election to the county clerk of the county in which
such vacancy exists, who shall conduct an election to fill such vacancy
at the next regular election provided in the general election law for the
election of such trustees. If such vacancy occurs within 28
months before the expiration of the term of the office made
vacant, the Governor shall fill such vacancy by appointment.
(Source: P.A. 81-1490.)
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(70 ILCS 2205/6) (from Ch. 42, par. 252)
Sec. 6.
Such sanitary district shall be held in all courts to be a body
corporate, and politic, under the name and style of .... sanitary district,
and by such name and style may sue and be sued, contract and be contracted
with, acquire and hold real and personal property necessary for corporate
purposes, have a common seal, and change the same at pleasure, and exercise
all the powers in this Act conferred. No claim for compensation shall be
made or action for damages filed against such district on account of any
damage to property occurring after July 1, 1933, unless notice in writing
is filed with the board within 6 months after the occurrence of the damage
or injury giving the name and residence address of the owner of the
property damaged, its location and the probable extent of the damage
sustained. All courts of this State shall take judicial notice of the
existence of sanitary districts organized hereunder.
The board of trustees may, by ordinance, change the corporate name of a
sanitary district organized under this Act. Such ordinance shall be
published at least once in a newspaper having a general circulation within
the district and shall become effective 10 days after such first
publication. A copy of such ordinance together with a certificate of
publication thereof certified by the president of the board shall be
transmitted to the Secretary of State. After such ordinance becomes
effective all references in any ordinance, resolution, bonds, or any other
document to such sanitary district by its former corporate name shall mean
and include the corporate name under which such sanitary district is then
operating. No rights, duties or privileges of such sanitary district, or
those of any person, existing before the change of corporate name shall be
affected by such change of name. All proceedings pending in any court in
favor of or against a sanitary district at the time a change of corporate
name is effected may continue to final consummation under the name in which
they were commenced.
(Source: P.A. 83-345.)
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(70 ILCS 2205/7) (from Ch. 42, par. 253)
Sec. 7.
The board of trustees, and its successors in office, shall
constitute the corporate authority of the sanitary district, and shall
exercise all powers and manage and control all the affairs and property
of the district. The board of trustees may select a clerk, treasurer,
engineer and attorney, and employ such other clerks and
employees necessary for such municipality. All employees selected by the
board shall hold their respective offices during the pleasure of the
board, and shall give such bonds as may be required by the board. The
board may prescribe the duties and fix the compensation of all the
officers and employees of the district. The salary of the president of
the board of trustees shall not exceed $2,000 per year, and the salary
of the other members of the board shall not exceed $1,000 per year.
The compensation received by any attorney shall not exceed the sum
of $3,500 per year.
Each trustee shall, before entering upon the duties of his
office, execute a bond with security to be approved by the circuit
court, payable to the district, in the penal sum of $10,000,
conditioned upon the faithful performance of the duties of his office.
Each bond shall be filed with and preserved by the county clerk.
(Source: Laws 1967, p. 699.)
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(70 ILCS 2205/7a) (from Ch. 42, par. 253a)
Sec. 7a.
The board of trustees of any sanitary district organized under
this Act, when so requested by the treasurer of the district, shall
designate one or more banks or savings and loan associations in which
the funds and moneys
received by the treasurer, by virtue of his office, may be deposited. When
a bank or savings and loan association has been designated as a depository
it shall continue as such until
ten days have elapsed after a new depository is designated and is qualified
by furnishing the statements of resources and liabilities as is required by
this section. When a new depository is designated, the board of trustees
shall notify the sureties of the treasurer of that fact, in writing, at
least 5 days before the transfer of funds. The treasurer of the district
shall be discharged from responsibility for all funds and moneys deposited
in a bank or savings and loan association, so designated,
while such funds and moneys are so
deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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(70 ILCS 2205/8) (from Ch. 42, par. 254)
Sec. 8.
The board of trustees of the sanitary district
shall, within 3 months after its organization hereunder,
cause to be filed in the office of the recorder in
each county in which the district is situated, a certified copy of
the record of the court, in the matter of such organization,
showing the name and boundaries of the district, the canvass of
the votes, and the result of the election, whereby the district became
so organized, and the recorder shall record the same.
(Source: P.A. 83-358.)
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(70 ILCS 2205/9) (from Ch. 42, par. 255)
Sec. 9.
Said board of trustees shall have full power to pass all necessary
ordinances, and make all orders, rules and regulations for the proper
management and conduct of the business of said board of trustees, and of
said municipality, and for carrying into effect the objects for which said
sanitary district is formed.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/10) (from Ch. 42, par. 256)
Sec. 10.
All ordinances, orders, rules, resolutions and regulations shall
before taking effect, be passed upon by the president of the board of
trustees. Such as he shall approve, he shall sign, and such as he shall not
approve, he shall return to the board of trustees, with his objections
thereto in writing, at its next regular meeting after the passage thereof.
The president's veto may extend to any one or more items or appropriations
contained in any ordinance, or to the entire ordinance; and in case the
veto only extends to a part of such ordinance, the remainder shall take
effect and be in force; with his objections thereto by the time aforesaid,
he shall be deemed to have approved the same, but in case the president
shall fail to return any ordinance, order, rule, resolution or regulation
and such ordinance shall take effect accordingly. Upon the return of any
unapproved ordinance, order, rule, resolution or regulation, the vote by
which the same was passed shall be reconsidered by the board of trustees,
and if upon such reconsideration, two-thirds of all the members elect shall
agree by yeas and nays to pass the same, it shall go into effect,
notwithstanding the president's refusal to approve thereof.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/11) (from Ch. 42, par. 257)
Sec. 11.
All ordinances making any appropriation, shall within one month
after they have been passed, be published at least once in a newspaper
published in such district, in each of the counties in which the same is
situate; and no such ordinance shall take effect until ten days after it is
so published. All other ordinances, orders and resolutions shall become
effective from and after their passage, unless otherwise provided therein.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/12) (from Ch. 42, par. 258)
Sec. 12.
All ordinances, orders and resolutions, and the date of
publication thereof, may be proven by the certificate of the clerk under
the seal of the corporation, and when printed in book or pamphlet form, and
purporting to be published by authority of the board of trustees, such book
or pamphlet shall be received as evidence of the passage and legal
publication thereof, as of the dates mentioned therein, in all courts and
places, without further proof.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/12.1) (from Ch. 42, par. 258.1)
Sec. 12.1.
Actions to impose a fine or imprisonment for violation of a
sanitary district ordinance or resolution adopted under authority of this
Act shall be brought in the corporate name of the sanitary district as
plaintiff. Such actions shall commence with a complaint or a warrant. A
warrant may issue upon execution of an affidavit by any person alleging
that he has reasonable grounds to believe that the person to be named in
the warrant has violated a sanitary district ordinance or resolution. A
person arrested upon such a warrant shall be taken without unnecessary
delay before the proper officer for trial.
Fines for the violation of sanitary district ordinances or resolutions
shall be established by ordinance or resolution and when collected shall be
paid into the sanitary district treasury at such times and in a manner
prescribed by ordinance or resolution.
A person who is fined for violation of a sanitary district ordinance or
resolution may be committed to the county jail or to any place provided by
ordinance or resolution for the incarceration of offenders until the fine
and costs are paid. No incarceration, however, shall exceed 6 months for
any one offense. The committed person shall be allowed, exclusive of his
board, a credit of $5 toward the fine and costs for each day of
confinement. The sanitary district may make agreements with a county or
municipality for holding such persons in a facility operated by them for
the incarceration of violators of laws, ordinances or resolutions.
(Source: Laws 1967, p. 775.)
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(70 ILCS 2205/13) (from Ch. 42, par. 259)
Sec. 13.
The board of trustees shall have power to lay out, locate,
establish and construct one or more levees or embankments of such size,
material and character as may be required to protect said district against
overflow from any river, or tributary stream, or water-course, and to lay
out, establish and construct all such other or additional improvements or
works as may be auxiliary or incidental thereto, or promotive of the
sanitary purposes contemplated in this act; and shall have power thereafter
to maintain, repair, change, enlarge and add to such levees, embankments,
improvements and work as may be necessary or proper to meet future
requirements for the accomplishment of the purposes aforesaid.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/14) (from Ch. 42, par. 260)
Sec. 14.
The Board of Trustees shall have power to lay out, locate,
establish, construct, maintain and operate one or more drains, conduits,
treatment plants, pumping plants, works, ditches, channels or outlets of
such capacity and character as may be required for the treatment,
carrying-off and disposal of swamp, stagnant or overflow water, sewage,
industrial wastes and other drainage of such district, and to lay out,
establish, construct, maintain and operate all such adjuncts or auxiliary
improvements or works as may be necessary or proper for the accomplishment
of the purposes intended; and to such end the Board of Trustees shall have
power to straighten, enlarge, divert or change the location, course or
outlet of any stream or water course or divide the waters thereof and any
part thereof by means of new channels, ditches or otherwise and to lay and
construct such conduits, drains and pipes and to extend the same in and to
the incorporated limits of any city, village or town for the purpose of
connecting the same with the drains, mains, outlets or conduits constructed
or maintained by such city, village or town, for the carrying-off of the
sewage and industrial wastes of such city, village or town, through the
drains and conduits and into treatment plants, pumping plants and works of
such district and to enter into contract or agreement with any such city,
village or town, thereby granting permission for the use of such conduits,
drains, treatment plants, pumping plants, and works of such district in the
matter of treatment and disposal of sewage and industrial wastes of said
city, village or town, for a reasonable compensation therefor to be paid by
such city, village or town, and in case the costs of such conduits, drains,
treatment plants, pumping plants or works is increased by reason of
providing for the treatment, carrying-off and disposal of the sewage or
industrial wastes of any city, village or town, then the increased cost
thereof and the increased cost of operating and maintaining the same shall
be borne by such city, village or town; and the said board of trustees
shall have power to receive payment of such compensation, and to do any and
all things by them deemed necessary and proper in the furtherance of said
purposes; and shall have power thereafter to maintain, repair, change,
enlarge and add to such drains, ditches, channels, conduits, treatment
plants, pumping plants, works, outlets and other improvements and work, as
may be necessary or proper, to meet the future requirements for the
purposes aforesaid, and when necessary for such purposes, any such work may
extend beyond the limits of such district and the rights and powers of said
Board of Trustees over any stream or water course, or work thereon, lying
outside such district, shall to this extent, be the same as within said
district: Provided, no taxes shall be levied upon any property outside of
such district: And provided further, that the district shall be liable for
all damages sustained beyond its limits in consequence of any work or
improvement authorized hereunder. And provided that nothing in this Act
contained shall be construed as superseding or in any manner limiting the
provisions of the "Environmental Protection Act", enacted by the 76th
General Assembly.
(Source: P.A. 76-2436.)
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(70 ILCS 2205/14.1) (from Ch. 42, par. 260.1)
Sec. 14.1.
Where any sewer system under the jurisdiction of a city, village
or incorporated town is tributary to a sanitary district sewer system, and
the board of trustees of such sanitary district finds that it will conduce
to the public health, comfort or convenience, the board shall have the
power and authority to regulate, limit, extend, deny or otherwise control
any connection to such sewer tributary to the sanitary district sewer
system by any person or municipal corporation regardless of whether the
sewer into which the connection is made is directly under the jurisdiction
of the district or not.
(Source: Laws 1963, p. 2895.)
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(70 ILCS 2205/14.2) (from Ch. 42, par. 260.2)
Sec. 14.2.
Any district formed hereunder shall have the right to require
that any sewer system, sewage treatment works or sewage treatment facility
constructed in or within 3 miles of the limits of such district which is
tributary thereto and not within the limits of any other sanitary district
be constructed in accordance with the accepted standards and specifications
of such district and shall further have the authority to cause inspection
of the construction of such sewer system, sewage treatment works or sewage
treatment facility to be made to ascertain that it does comply with the
standards and specifications of such sanitary district.
(Source: Laws 1963, p. 2895.)
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(70 ILCS 2205/14.3) (from Ch. 42, par. 260.3)
Sec. 14.3.
Any sanitary district may annex any territory which is not
within the corporate limits of the sanitary district but which is
contiguous to it and is served by the sanitary district or by a
municipality with sanitary sewers that are connected and served by the
sanitary district by the passage of an ordinance to that effect by the
board of trustees, describing the territory to be annexed. A copy of the
ordinance with an accurate map of the annexed territory, certified as
correct by the clerk of the district shall be filed with the county clerk
of the county in which the annexed territory is located. The new
boundary shall extend to the far side of any adjacent highway and shall
include all of every highway within the area annexed. These highways shall
be considered to be annexed even though not included in the legal
description set forth in the annexation ordinance.
(Source: P.A. 86-1191.)
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(70 ILCS 2205/14.3a) (from Ch. 42, par. 260.3a)
Sec. 14.3a.
The corporate authorities of any sanitary district may enter
into an agreement with one or more of the owners of record of land in any
territory which may be annexed to such sanitary district as provided in
this Act. Such agreement may provide for the annexation of such territory
to the sanitary district, subject to the provisions of this Act, and any
other matter not inconsistent with the provisions of this Act, nor forbidden
by law. Such agreement shall be valid and binding for a period not to exceed
10 years from the date of
execution thereof.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the subject
of the agreement, would be a breach of such agreement, shall not apply to
such land without an amendment of such agreement.
Any such agreement executed after the effective date of this Amendatory
Act of 1983 and all amendments of annexation agreements, shall be entered
into in the following manner. The corporate authorities shall fix a time
for and hold a public hearing upon the proposed annexation agreement or
amendment, and shall give notice of the proposed agreement or amendment
not more than 30 nor less than 15 days before the date fixed for the hearing.
This notice shall be published at least once in one or more newspapers published
within the sanitary district. After such hearing the agreement or amendment
may be modified before execution thereof. The annexation agreement or amendment
shall be executed by the president of the board of trustees only after such
hearing and upon the adoption of a resolution directing such execution,
which resolution must be passed by a vote of two-thirds of the corporate
authorities then holding office.
Any annexation agreement executed pursuant to this Section shall be binding
upon the successor owners of record of the land which is the subject of
the agreement and upon successor corporate authorities of the sanitary district
and successor sanitary districts. Any party to such agreement may by civil
action, mandamus or other proceeding, enforce and compel performance of the agreement.
Any annexation agreement executed prior to the effective date of this
Amendatory Act of 1983 which was executed pursuant to a two-thirds vote
of the corporate authorities and which contains provisions not inconsistent
with this Section is hereby declared valid and enforceable as to such provisions
for the effective period of such agreement, or for 10 years from the date
of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this Amendatory Act of 1983 may be extended at any time
prior to the original expiration date to a date which is not later than
ten years from the date of execution of the original Annexation Agreement.
(Source: P.A. 83-745.)
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(70 ILCS 2205/14.3b) (from Ch. 42, par. 260.3b)
Sec. 14.3b.
For purposes of this Act, territory to be organized as a
sanitary district shall be considered to be contiguous territory, and territory
to be annexed to a sanitary district shall be considered to be contiguous
to the sanitary district notwithstanding that the territory to be so organized
is divided by one or more railroad rights-of-ways or public easements, or
that the territory to be so annexed is separated from the sanitary district
by one or more railroad rights-of-ways or public easements. However, upon
such organization or annexation, the area included within any such right-of-way
or public easement shall not be considered a part
of or annexed to the sanitary district.
(Source: P.A. 84-654.)
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(70 ILCS 2205/14.4) (from Ch. 42, par. 260.4)
Sec. 14.4.
The board of trustees of any sanitary district organized under
this Act may require that, before any person or municipal corporation
connects to the sewage system of the district, the district be permitted to
inspect the drainage lines of the person or municipal corporation to
determine whether they are adequate and suitable for connection to its
sewage system. In addition to the other charges provided for in this Act,
the sanitary district may collect a reasonable charge for this inspection
service. Funds collected as inspection charges shall be used by the
sanitary district for its general corporate purposes after payment of the
costs of making the inspections.
(Source: P.A. 100-201, eff. 8-18-17.)
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(70 ILCS 2205/15) (from Ch. 42, par. 261)
Sec. 15.
Such sanitary district may acquire by purchase, condemnation or
otherwise, any and all real and personal property, rights of way and
privileges, either within or without its corporate limits, required for its
corporate purposes: Provided, all moneys for the purchase or condemnation
of any property, shall be paid before possession is taken, or any work done
on the premises damaged by the construction of any levee, outlet or other
work, and in case of an appeal by either party from any judgment whereby
the amount of damages is not finally determined, the amount of the judgment
appealed from shall be deposited with the county treasurer of said county,
subject to the payment of such damages, on orders signed by the judge of
such court, whenever the amount of damages is finally determined, and when
no longer required for such purposes, to sell, convey, or otherwise dispose
of any of said properties.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/15.5) Sec. 15.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 2205/16) (from Ch. 42, par. 262)
Sec. 16.
Subject to the referendum provided for in Section 16.1, the
board of trustees 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 in said district, to be ascertained by the last
assessment for state and county 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.)
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(70 ILCS 2205/16.1) (from Ch. 42, par. 262.1)
Sec. 16.1.
No issue of bonds of the district shall be valid (except
bonds to refund an existing bonded indebtedness) unless the proposition
of issuing the bonds has first been submitted at a regular
election to the voters of the district in accordance with the general
election law and has been approved by a
majority of those voting on the proposition.
The proposition shall be
substantially in the following form:
Shall bonds for the purposeof....(state purpose), in the YESsum of $....(insert amount), be issued by the board of trustees NOof the....(insert name of district)?
(Source: P.A. 81-1489.)
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(70 ILCS 2205/16.2) (from Ch. 42, par. 262.2)
Sec. 16.2.
All bonds issued pursuant to this Act shall bear interest
at a rate or rates not exceeding that permitted by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax anticipation
warrants subject to interest rate limitations set forth therein", approved
May 26, 1970, as amended.
(Source: P.A. 83-591.)
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(70 ILCS 2205/17) (from Ch. 42, par. 263)
Sec. 17.
The board of trustees may levy and collect taxes for corporate
purposes. 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 district was organized, on or before the second Tuesday in August,
as provided in Section 14-10 of the Property Tax Code. After the assessment for the current year has been equalized by
the Department of Revenue, the board of trustees 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, if the district is situated in more
than one county, as the same is assessed and equalized for State and county
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 State and 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 State and 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
in effect on July 1, 1967, 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.
In addition to the other taxes authorized by this Section, the board
of trustees may levy and collect, without referendum, a tax for the
purpose of paying the costs of operation of the chlorination of sewage,
or other means of disinfection or additional treatment as may be
required by water quality standards approved or adopted by the Pollution
Control Board or by the court, which tax is not subject to the rate
limitations imposed by this Section but may be extended at a rate not to
exceed .03% of the value of all taxable property within the district as
equalized or assessed by the Department of Revenue.
Such tax may be extended at a rate in excess of .03% but not to
exceed .05%, providing the question of levying such increase has first
been submitted to the voters of such district at any regular
election held in such district in accordance with the general election law
and has been approved by a majority of such voters voting thereon.
(Source: P.A. 88-670, eff. 12-2-94.)
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(70 ILCS 2205/17.1) (from Ch. 42, par. 263.1)
Sec. 17.1.
The board of trustees of a sanitary district that owns and
operates a wastewater treatment plant in a county
which has established a stormwater management planning committee in
accordance with Section 5-1062 of the Counties Code may levy a tax upon all
taxable property within its district at a rate not to exceed 0.03% of the
value of such property, as equalized or assessed by the Department of
Revenue, for the purposes of protecting pumping stations, wastewater
treatment plants and combined sewer outfalls from the 100-year flood,
paying the principal of and interest on any bonds issued pursuant to this
Section for any of the foregoing purposes, and paying the principal of,
premium, if any, and interest on, and any fees relating to, any loan made
to such sanitary district by the Illinois Finance
Authority,
pursuant to the Illinois Finance
Authority Act, for any of the foregoing purposes, or any bond, note or
other evidence of indebtedness of such municipality issued in connection
with any such loan. The 0.03% limitation provided in this Section may be
increased or decreased by referendum in accordance with the provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
The tax authorized by this Section may be levied without referendum
by any sanitary district that is located at least partly in a township declared
after July 1, 1986 by presidential declaration to be a disaster area as a
result of flooding. However, the tax authorized by this Section shall not be
levied by any sanitary district not so located unless the question of its
adoption, either for a specified period or indefinitely, is submitted to the
electors thereof and approved by a majority of those voting on the question.
This question may be submitted at any election held in the sanitary district
after the adoption of a resolution by the board of trustees of the sanitary
district providing for the submission of the question to the electors of the
sanitary district. The board of trustees shall certify the resolution and
proposition to the proper election officials, who shall submit the proposition
at an election in accordance with the general election law. If a majority of
the votes cast on the question is in favor of the levy of such tax, it may
thereafter be levied in such sanitary district for the specified period or
indefinitely, as provided in the proposition. The question shall be put in
substantially the following form:
Shall an annual tax be leviedfor stormwater management purposes YES(for a period of not more than...... years) at a rate not exceeding 0.03% of the equalized assessedvalue of the taxable property of NOthe ........ Sanitary District?
Any sanitary district in a county that has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby authorized to borrow money and to issue its bonds for
the purposes of protecting pumping stations, wastewater treatment plants
and combined sewer outfalls from the 100-year flood.
Any sanitary district in a county that has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby further authorized to borrow money from the Illinois Finance Authority for the purpose of financing the
provision of
flood protection for sanitary sewage treatment plants, pursuant to the Illinois
Finance Authority
Act, and is hereby authorized to enter into loan agreements and other
documents with the Illinois Finance Authority and to
issue its
bonds, notes or other evidences of indebtedness to evidence its obligation
to repay such loan to the Illinois Finance Authority.
Without
the submission of the question to the electors, notwithstanding any other
provision of law to the contrary, such sanitary district is hereby authorized
to execute such loan agreements and other documents and to issue such bonds,
notes or other evidences of indebtedness, which loan agreements, documents,
bonds, notes or other evidences of indebtedness may bear such date or dates,
may bear interest at such rate or rates, payable at such time or times, may
mature at any time or times not later than 40 years from the date of issuance,
may be payable at such place or places, may be payable from any funds of such
sanitary district on hand and lawfully available therefor, including without
limitation the taxes levied pursuant to this Section or from any other taxes or
revenues of such sanitary district pledged to their payment, may be negotiated
at such price or prices, may be executed in such manner, may be subject to
redemption prior to maturity, may be in such form, may be secured, and may be
subject to such other terms and conditions, all as may be provided in a
resolution or ordinance authorizing the execution of any such loan agreement or
other document or the issuance of such bonds, notes or other evidences of
indebtedness.
(Source: P.A. 93-205, eff. 1-1-04.)
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(70 ILCS 2205/18) (from Ch. 42, par. 264)
Sec. 18. Whenever it shall be necessary to take or damage private property
for right of way or other purposes, for or in connection with any
improvement or work authorized by this Act, such sanitary district may
cause compensation therefor to be ascertained, and acquire the same, in the
manner provided for the exercise of
the right of eminent domain under the Eminent Domain Act: Provided, all such proceedings shall be instituted in the county
where the property sought to be taken or damaged, is situate, and all
damages or compensation, whether determined by agreement or final judgment
of court, shall be paid out of the annual district tax prior to the payment
of any other debt or obligation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2205/19) (from Ch. 42, par. 265)
Sec. 19.
Whenever it shall be necessary for or in connection with any
improvement or work authorized by this act, to enter upon any public
property, or property held for any public use, or acquire any easement or
rights therein, such sanitary district shall have the power so to do, and
when necessary for such purpose may avail itself of any Eminent Domain laws
of this state, and may enter upon, use, widen, elevate, and improve any
street, highway, wharf, levee, or other property, necessary in furtherance
of said purposes: Provided, the former use of any such public property, or
property devoted to public use, shall not be unnecessarily interrupted or
interfered with.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/20) (from Ch. 42, par. 266)
Sec. 20.
Whenever it shall be necessary to take or use, for any of the
purposes contemplated in this act, any portion of any railroad right of
way, or property occupied by the track or tracks of any steam, electric, or
other railroad company, or any street, highway, wharf, levee or other
property, in the operation or use of which the public has an interest, only
such easement, use or rights therein shall be acquired as are necessary for
the purposes intended; and so far as practicable the use of any such
street, highway, wharf, levee, right of way, or property, shall remain in
and be reserved to the public, company, or persons otherwise entitled
thereto.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/21) (from Ch. 42, par. 267)
Sec. 21.
When necessary for or in connection with any of the purposes
authorized by this act, the board of trustees may acquire and compel any
steam, electric or other railroad company to raise its tracks to conform to
the grade of any levee, or other work intersecting or crossing the same,
which may, at any time, be established by such sanitary district, and where
such tracks run lengthwise upon or along the line of any such improvement,
to require and compel such railroad companies to elevate the same to the
surface thereof. Also to require and compel any such railroad companies to
maintain and keep open and in repair, ditches, drains, sewers and culverts,
along and under their tracks, so that filth or stagnant pools of water
shall not stand upon their right of way and grounds, and so that the
drainage of adjacent property shall not be impeded or interfered with.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/23) (from Ch. 42, par. 269)
Sec. 23.
Except as otherwise provided in this Section, all contracts
for work to be done and supplies and materials to be
purchased by the sanitary district, the expense of which will exceed
$10,000
shall be let to the lowest responsible bidder therefor, upon not less than
14 days' public notice of the terms and conditions upon which the contract
is to be let, having been given by publication in a newspaper of general
circulation published in the district, and the board of trustees may reject
any and all bids and readvertise. All purchases or sales of $10,000 or less
may be made in the open market without publication in a newspaper as above
provided, but whenever practical shall be based on at least 3 competitive bids.
Where the board of trustees declares, by a 2/3 vote of those elected,
that there exists an emergency affecting the public health or safety, contracts
totaling not more than $40,000 may be let to the extent necessary to
resolve such emergency without public advertisement or competitive bidding.
The ordinance or resolution embodying the
emergency declaration shall contain the date upon which such emergency will
terminate. The board of trustees may extend the termination date if in
its judgment the circumstances so require. A full written account of the
emergency, together with a requisition for the materials, supplies, labor
or equipment required therefor shall be submitted immediately upon completion
and shall be open to public inspection for a period of at least one year
subsequent to the date of such emergency purchase.
No person may be employed on the work except citizens of the United
States, or those who in good faith have declared their intention to become
citizens, and 8 hours constitutes a day's work.
(Source: P.A. 84-1327.)
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(70 ILCS 2205/23.1) (from Ch. 42, par. 269.1)
Sec. 23.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 2205/24) (from Ch. 42, par. 270)
Sec. 24.
In case any sanitary district organized hereunder, shall
include within its limits, in whole or in part, any drainage district or
districts organized under the laws of this state having levees, drains
or ditches which are conducive to sanitary purposes, such drainage
district or districts shall have paid and reimbursed to it or them,
upon such terms as may be agreed upon by its or their corporate
authorities and the board of trustees of said sanitary district, the
reasonable cost or value of such levee, drains or ditches, which
valuation shall in no case be fixed at less than any unpaid indebtedness
incurred by such district or districts in contracting the same. Upon
such payment being made, the sanitary district shall have the right to
appropriate and use such levees, drains or ditches, or any part thereof,
as it may desire, for or in connection with any improvements authorized
by this act, and for or in connection with the purposes for which said
sanitary district is organized; Provided, no such levee, drain or ditch
shall be destroyed, removed or otherwise so used as to impair its
usefulness for the purposes for which the same was constructed, without
the consent of the corporate authorities of such drainage district. In
case the board of trustees of said sanitary district and the corporate
authorities of any such drainage district shall be unable to agree upon
the compensation to be paid or reimbursed to such drainage district,
the same may be ascertained and enforced by any proper proceeding in the circuit court.
(Source: P.A. 100-201, eff. 8-18-17.)
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(70 ILCS 2205/25) (from Ch. 42, par. 271)
Sec. 25.
The board of trustees shall have power to appoint and maintain
from time to time, such police force as it may find necessary for the
protection of any levee, ditch or other improvement authorized by this act,
or otherwise in furtherance of the purposes for which such district is
organized. The members of such police force shall have and exercise like
police powers to those conferred upon the police of cities: Provided, that
such police, when acting within any city or village, shall be subject to
the direction of the police officers of such city or village.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/26) (from Ch. 42, par. 272)
Sec. 26.
The board of trustees shall have and maintain an office at some
convenient place within said district, where all the books and papers
pertaining to the affairs of said corporation shall be open at reasonable
times, to the inspection of any taxpayer or other person interested.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/26.1) (from Ch. 42, par. 272.1)
Sec. 26.1.
The board of trustees, its clerk and treasurer, prior to the 15th day of
each month, shall submit to the circuit court in which such district was
organized a verified statement showing for the preceding month a listing of
all persons employed by the district and the total amount of money paid to
each person for services performed for the district during the preceding
month, including salary, wages, commissions, expenses or other emolument.
(Source: P.A. 77-1299.)
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(70 ILCS 2205/27) (from Ch. 42, par. 273)
Sec. 27.
Said board, its clerk and treasurer, shall submit to the circuit
court of the county in which said district is organized, annually, between
the first and tenth days of April, or oftener, if required by said court,
verified reports, showing all moneys received and the manner in which the
same may have been expended. Three weeks' notice of the filing of such
report shall be given by publication in like manner as provided in section
2 of this act, and any person interested may appear and object to the
approval of the same, in whole or in part, and the court shall make such
orders in reference thereto as shall be just.
(Source: Laws 1967, p. 3815.)
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(70 ILCS 2205/27.1) (from Ch. 42, par. 273.1)
Sec. 27.1.
The board of trustees of any sanitary district may arrange to
provide for the benefit of employees and trustees of the sanitary district
group life, health, accident, hospital and medical insurance, or any one or
any combination of such types of insurance. Such insurance may include
provision for employees and trustees who rely on treatment by prayer or
spiritual means alone for healing in accordance with the tenets and
practice of a well recognized religious denomination. The board of trustees
may provide for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees do not provide for a plan pursuant to which the
sanitary district pays the premium or charge for any group insurance plan,
the board of trustees may provide for the withholding and deducting from
the compensation of such of the employees and trustees as consent thereto
the premium or charge for any group life, health, accident, hospital and
medical insurance.
The board of trustees may exercise the powers granted in this section
only if the kinds of such group insurance are obtained from any insurance
company authorized to do business in the State of Illinois or any other
organization or
service offering similar coverage. The board of trustees may enact an
ordinance prescribing the method of operation of such insurance program.
(Source: P.A. 90-655, eff. 7-30-98.)
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(70 ILCS 2205/27a) (from Ch. 42, par. 273a)
Sec. 27a.
Any sanitary district having any undistributed or unclaimed money
received from the making of any local improvement paid for wholly or in
part by special assessment, after complying with all the provisions for the
distribution of such rebates or refunds as prescribed in Division 2 of
Article 9 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, may dispose of such unclaimed rebates or refunds as is
prescribed by Sections 9-1-5 through 9-1-14, inclusive, of the "Illinois
Municipal Code", approved May 29, 1961, as amended.
(Source: Laws 1963, p. 2899.)
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(70 ILCS 2205/28) (from Ch. 42, par. 274)
Sec. 28.
The provisions of this act shall never be construed as authorizing
any levee or drainage system for agricultural or mining purposes, but shall
be liberally construed for the prevention of overflows and drainage of
lands for sanitary purposes, with any sanitary district organized
hereunder: Provided, nothing herein contained shall be held to constitute a
contract between the state and any municipal corporation organized
hereunder, or to prevent the alteration, amendment or repeal of this act,
or of any amendment thereof, at any time thereafter.
(Source: Laws 1907, p. 289.)
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(70 ILCS 2205/29) (from Ch. 42, par. 274.1)
Sec. 29.
Any sanitary district organized and operated under this Act and having
an equalized assessed valuation for tax purposes of $100,000,000 or more
may, by referendum as provided in Sections 29.1 through 29.3, be dissolved
and a new district created in accordance with the "Metro-East Sanitary
District Act of 1974", enacted by the 78th General Assembly.
(Source: P.A. 78-1017.)
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(70 ILCS 2205/29.1) (from Ch. 42, par. 274.2)
Sec. 29.1.
When a petition, signed by at least 300 registered voters residing
within such sanitary district is filed with the State Board of Elections
before the November general
election in an even-numbered year, and within the time provided in the
general election law, but other than a year in which a regular
election for trustees of the district is held, requesting that the
proposition that that sanitary district be dissolved and be replaced by
a sanitary district organized under the Metro-East Sanitary District Act
of 1974, the Board shall certify the proposition to the proper election
officials who shall submit the proposition to the voters of the
district at that general election in accordance with the general election
law. The proposition shall be in
substantially the following form:
Shall the.... Sanitary District be dissolved and be replaced by a
sanitary district organized under the Metro-East Sanitary District Act
of 1974?
(Source: P.A. 81-1489.)
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(70 ILCS 2205/29.2) (from Ch. 42, par. 274.3)
Sec. 29.2.
The votes shall be canvassed and returned in the manner provided for
public measures submitted to the electors of the entire State, including
the provisions for tally sheets, certificates of results, canvassing and
abstracts of votes. Each municipal board of election commissioners shall
make its return to the county clerk of the county in which it is located;
the county clerks and any county board of election commissioners shall each
make returns covering the entire area of their respective counties within
the district to the State Board of Elections. Each county clerk and board
of election commissioners shall prepare and certify an abstract of votes
cast on the proposition in the precincts within its election jurisdiction.
(Source: P.A. 78-1017.)
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(70 ILCS 2205/29.3) (from Ch. 42, par. 274.4)
Sec. 29.3.
The State Board of Elections shall proclaim and certify the results of
the vote on the proposition. If a majority of those electors properly
marking ballots on the proposition vote in favor thereof, the district
organized under this Act shall be dissolved, effective upon the expiration
of the terms of office of the incumbent trustees, and a new district
created as provided in Article I of the Metro-East Sanitary District Act of
1974.
(Source: P.A. 78-1017.)
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