(70 ILCS 3305/0.01) (from Ch. 121, par. 354.9)
Sec. 0.01. Short title. This Act may be cited as the
Street Lighting District Act.
(Source: P.A. 102-558, eff. 8-20-21.)
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(70 ILCS 3305/1) (from Ch. 121, par. 355)
Sec. 1.
Any area not included within the corporate boundaries of a
city, village or incorporated town may be incorporated as a street
lighting district in the manner following:
Fifty or more of the legal voters resident within the limits of such
proposed district or a majority thereof if less than 100, may petition
the circuit court for the county which contains all or the largest
portion of the proposed district to order the question to be submitted
to the legal voters of such proposed district, whether such proposed
territory shall be organized as a street lighting district under this
Act; such petition shall be addressed to the court and shall contain a
definite description of the boundaries of the territory to be embraced
in the proposed district, and the name of such proposed district:
Provided, that the territory incorporated in any district formed
hereunder may contain any territory not previously included in any
street lighting district.
Upon filing any such petition in the office of the circuit clerk of the
county in which such petition is made it shall be the duty of the
court to consider the boundaries of any such proposed street lighting
district whether the same shall be those stated in the petition or
otherwise.
Notice shall be given by the court to whom the petition is addressed
of the time and place of a hearing upon the subject of the petition
which shall be inserted at least once in a newspaper of general circulation
published
within the proposed street lighting district, or if no
newspaper of general circulation is published within such proposed street
lighting district,
then in a newspaper published in the county which contains all or the largest
portion of such proposed district and having a general circulation
in such district, at least 20 days
before such meeting.
At such meeting the court shall preside; and all persons in such
proposed street lighting district shall have an opportunity to be heard;
and if the court finds that the petition does not comply with the
provisions of law or that the allegations of the petition are not
true, the court shall dismiss the petition; but if the court finds that
the petition complies with the provisions of law and that the
allegations of the petition are true, the same shall be incorporated in
an order which shall be filed of record in the court.
Upon the entering of such order the court shall certify the proposition
to the proper election officials, who shall submit to the legal
voters of the proposed street lighting district the question of
organization and establishment of the proposed street lighting district
at an election.
Notice of the referendum shall be given in accordance with the general election law.
Such notice shall specify the purpose of
such referendum with a description of such proposed district.
The proposition under this section shall be in substantially the following form:
For Street Lighting District Against Street Lighting District
The court shall cause a written statement of
the results of such election to be filed of record in the court.
If a majority of the votes cast upon the question shall
be in favor of the incorporation of the proposed street lighting
district, such district shall thenceforth be an organized street
lighting district under this Act, and the court shall enter an order
accordingly and cause the same to be filed of record in the
court and shall also cause to be sent to the County Clerk of any and all
other counties in which any portion of the district lies a certified
copy of the order organizing such district and a plat of the same
indicating what lands of the district lie in such other county or
counties.
(Source: P.A. 83-343.)
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(70 ILCS 3305/2) (from Ch. 121, par. 356)
Sec. 2.
All courts in this State shall take judicial notice of the
existence of all street lighting districts organized under this Act and
every such district shall constitute a body corporate and as such may sue
or be sued.
(Source: Laws 1949, p. 1363.)
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(70 ILCS 3305/2a) (from Ch. 121, par. 356a)
Sec. 2a.
Additional territory having the qualifications set forth in
Section 1 may be added to any street lighting district as provided for
in this Act in the manner following:
Fifty or more of the legal voters resident within the limits of such
proposed addition to such street lighting district may petition the
circuit court of the county in which the original petition for the
formation of said street lighting district was filed, to cause the
question to be submitted to the legal voters of such proposed additional
territory whether such proposed additional territory shall become a part
of any street lighting district organized under this Act and whether the
voters of the additional territory shall assume a proportionate share of
the bonded indebtedness of such district. The petition shall be
addressed to the court and shall contain a definite description of the
boundaries of the territory to be embraced in the proposed addition and
shall allege facts in support of the addition.
Upon filing the petition in the office of the circuit clerk of the
county in which the original petition for the formation of such street
lighting district was filed, it shall be the duty of the court to fix a
time and place of a hearing upon the subject of said petition.
Notice shall be given by the circuit court, or by the circuit clerk
or sheriff upon order of the circuit court of the county in which such
petition is filed, of the time and place of a hearing upon the petition
in the manner as provided in Section 1. The conduct of the hearing and
the manner of conducting a subsequent referendum on the
question whether
the proposed additional territory shall become a part of the street
lighting district, shall be carried out in the manner described in
Section 1, as nearly as may be, and in accordance with the general election
law but the question
shall be in substantially the following form, to-wit:
For joining the.... StreetLighting District and assuming aproportionate share of bondedindebtedness, if any. Against joining the.... StreetLighting District and assuming aproportionate share of bondedindebtedness, if any.
If a majority of the votes cast at the election upon the question of
becoming a part of any street lighting district shall be in favor of
becoming a part of such street lighting district and if the trustees of
said street lighting district accept the proposed additional territory
by resolution, such proposed additional territory shall thenceforth be
deemed an integral part of such street lighting district and shall be
subject to all the benefits of service and responsibilities of said
district as herein set forth.
The owner or owners of any tract or tracts of land not included in a
street lighting district, may file a written petition, addressed to the
trustees of the street lighting district to which they seek to have
their tract or tracts of land attached, containing a definite
description of the boundaries of the territory and a statement that they
desire that their property become a part of the street lighting district
to which their petition is addressed, and that they are willing that
their property assume a proportionate share of the bonded indebtedness,
if any, of such street lighting district.
When such a petition is filed with the trustees, they shall
immediately pass a resolution to accept or reject the territory proposed
to be attached. If the trustees resolve in favor of accepting such
territory, they shall file with the court of the county where the street
lighting district was organized the original petition and a certified
copy of the resolution and the circuit clerk shall then enter an order
stating that such proposed annexed territory shall thenceforth be deemed
an integral part of such street lighting district and subject to all of
the benefits of service and responsibilities of the district. The
circuit clerk shall transmit a certified copy of the order to the county
clerk of each county in which any of the territory affected is situated.
(Source: P.A. 81-1489.)
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(70 ILCS 3305/2b) (from Ch. 121, par. 356b)
Sec. 2b.
The owner or owners of record of any area of land consisting of
one or more tracts lying within the boundaries of any street lighting
district which (1) is not contiguous in whole or in part to any other
street lighting district; (2) contains 20 or more acres; (3) is not
subdivided into residential lots and blocks; (4) is located on the border
of the street lighting district; and (5) which, if disconnected, will not
result in the isolation of any part of the street lighting district from
the remainder of the street lighting district, may have the area
disconnected as follows:
The owner or owners of record of any such area of land shall file a
petition in the circuit court of the county where the land is situated
alleging facts in support of the disconnection. The street lighting
district from which disconnection is sought shall be made a defendant and
it or any taxpayer residing in that street lighting district, may appear
and defend against the petition. If the court finds that the allegations of
the petition are true and that the area of land is entitled to
disconnection, it shall order the specified land disconnected from the
designated street lighting district.
The area of land or any part thereof disconnected from a street lighting
district under the provisions of this section shall not be annexed or added
to a street lighting district or included in any petition seeking
annexation or addition to any street lighting district, for a period of 2
years from the date of such disconnection.
The disconnection of any such area of land shall not exempt it from
taxation for the purpose of paying any indebtedness contracted by the
corporate authorities of the street lighting district prior to the filing
of the petition for disconnection. On the contrary, the territory
designated shall be assessed and taxed to pay such indebtedness until this
indebtedness is completely paid the same as though the territory had not
been disconnected.
(Source: Laws 1967, p. 4046.)
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(70 ILCS 3305/2c) (from Ch. 121, par. 356c)
Sec. 2c. Disconnection. Any territory within a street lighting district that is or has
been annexed to a city, village or incorporated town that provides street
lighting within such city, village or incorporated town is, by operation of
law, disconnected from the street lighting district as of the January first
after such territory is annexed to the city, village or incorporated town,
or in case territory has been so annexed prior to the effective date of
this amendatory Act of 1959, as of January 1, 1960. If there are any bonds
of the street lighting district outstanding and unpaid at the time such
territory is annexed to the city, village or incorporated town, such
territory shall remain liable for its proportionate share of such bonded
indebtedness and the street lighting district may continue to levy and
extend taxes upon the taxable property in such territory for the purpose of
amortizing such bonds until such time as such bonds are retired. Territory shall not be disconnected from a street lighting district if all of the following criteria are met: (i) the municipality which contains all or part of the street lighting district does not levy a property tax on the taxable property in the territory, (ii) the municipality passes an ordinance permitting the street lighting district to operate and levy a tax, and (iii) the municipality does not collect a franchise fee from an electrical utility.
(Source: P.A. 96-336, eff. 8-11-09.)
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(70 ILCS 3305/3) (from Ch. 121, par. 357)
Sec. 3.
A board of trustees consisting of 3 members for the
government and control of the affairs and business of the street lighting
district incorporated under this Act shall be created in the following manner:
(1) If the district is located wholly within a single county,
trustees for the district shall
be appointed by the presiding officer of the county board with the advice
and consent of the county board;
(2) If the district is located in more than one county, the
number of trustees who are residents of a county shall be in proportion,
as nearly as practicable, to the number of residents of the district who
reside in that county in relation to the total population of the district.
Upon the expiration of the term of a trustee who is in office
on the effective date of this amendatory Act of 1975, the successor shall
be a resident of whichever county is entitled to such representation in
order to bring about the proportional representation required herein,
and he shall be appointed by the county board of that county, or
in the case of a home rule county as defined by Article VII,
Section 6 of the Constitution of 1970, the chief executive officer
of that county, with the advice and consent of the county board.
Thereafter, each trustee shall be succeeded by a
resident of the same county who shall be appointed by the
same appointing authority; however, the provisions of the
preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of
the publication of each decennial Federal census of population.
Within 60 days after the creation of a street lighting district as
provided in Section 1 hereof, the appropriate appointing authority shall
appoint 3 trustees. The trustees shall hold their offices for one, 2 and 3
years from the first Monday of May next after their appointment and until
their successors have been appointed and qualified. Thereafter on or before
the second Monday in April of each year the appointing authority shall
appoint one trustee whose term shall be for 3 years commencing on the first
Monday in May next after they are respectively appointed. The length of
term of the first trustees shall be determined by lot at their first
meeting.
The appointing authority shall require each of the trustees to enter
into bond with security to be approved by the appointing authority in such
sum as the appointing authority may determine.
A majority of the board of trustees shall constitute a quorum. No
trustee or employee of the district shall be directly or indirectly
interested financially in any contract, work or business or the sale of any
article, the expense, price or consideration of which is paid by the
district. The trustees shall provide and adopt a corporate seal for the
district.
(Source: P.A. 79-319; 79-855; 79-1454.)
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(70 ILCS 3305/4) (from Ch. 121, par. 358)
Sec. 4.
Whenever a vacancy in the board of trustees shall occur,
either by death, resignation, refusal to qualify or for any other
reason, the circuit court, as that term is defined in Section 3 of this
Act, shall fill such vacancy by appointment for the unexpired term; and
such person so appointed shall fill the vacancy until the next regular
election for that office.
(Source: P.A. 81-1489.)
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(70 ILCS 3305/5) (from Ch. 121, par. 359)
Sec. 5.
The trustees shall exercise all of the powers and control all the
affairs and property of such district. The board of trustees, immediately
after their appointment and at their first meeting in May of each year
thereafter, shall elect one of their number as president and one of their
number as secretary. The board shall prescribe the duties and fix the
compensation of all of the officers and employees of the street lighting
district: Provided that a member of the board of trustees shall in no case
receive a sum to exceed $300.00 per annum. The board of trustees shall have
full power to pass all necessary ordinances, rules and regulations for the
proper management and conduct of the business of the street lighting
district for carrying into effect the objects for which the district was
formed.
(Source: Laws 1953, p. 226.)
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(70 ILCS 3305/5.1) (from Ch. 121, par. 359.1)
Sec. 5.1.
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 3305/6) (from Ch. 121, par. 360)
Sec. 6.
All ordinances imposing any penalty or making any appropriations
shall be published at least once in a newspaper of general circulation
published in said district,
or if no newspaper of general circulation is published therein, then in
a newspaper published in the county which contains all or the largest portion
of such district and having a general circulation in the district; and no such
ordinance shall take effect until ten days after it is so published, and
all other ordinances and resolutions shall take effect from and after their
passage unless otherwise provided therein.
(Source: P.A. 82-367.)
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(70 ILCS 3305/7) (from Ch. 121, par. 361)
Sec. 7.
All ordinances, orders, and resolutions and the date of publication
thereof, may be proven by the certificate of the secretary under the seal
of the corporation and when printed in book or pamphlet form and purporting
to be published by the board of trustees, such book or pamphlet shall be
received as evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book
or pamphlet, in all courts without further proof.
(Source: Laws 1949, p. 1363.)
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(70 ILCS 3305/8) (from Ch. 121, par. 362)
Sec. 8.
The board of trustees of any street lighting district
organized hereunder may contract with any city, village or incorporated
town lying adjacent to such district or with a public utility for street
lighting service to be furnished by such municipality or utility for the
street within such district. The board of trustees may also contract for
the installation, rental or use of street lights within the street
lighting district and for the furnishing of electric service to be used
within such district for street lighting purposes.
Any street lighting district incorporated under this Act may borrow
money for corporate purposes and may issue bonds therefor, but shall not
become indebted in any manner, or for any purpose to an amount in the
aggregate to exceed 5% on the valuation of taxable property therein to
be ascertained by the last assessment for State and County taxes
previous to the incurring of such indebtedness. Whenever the board of
trustees of such district desire to issue bonds hereunder they shall
order the question submitted to referendum at any election to
be held in such district in accordance with the general election law. The
notice and conduct of the referendum shall be in accordance with the general
election law.
If a majority of the voters voting on the question
shall have voted in favor of the issue of said bonds, the
board of trustees shall order and direct the execution of the bonds for
and on behalf of said district. All bonds issued hereunder shall mature
within 20 years. The question under this section shall
be in substantially the following form:
Shall bonds be issued for YESstreet lighting in the amount of.... dollars? NO
(Source: P.A. 81-1489.)
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(70 ILCS 3305/9) (from Ch. 121, par. 363)
Sec. 9.
At the time of or before incurring any indebtedness the board
of trustees shall provide for the collection of a direct annual tax
sufficient to pay the interest on the debt as it falls due, and also to
pay and discharge the principal thereof as it shall fall due and at
least within 20 years from the time of contracting the indebtedness. The
tax rate shall not exceed .075 per cent of value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 81-1509.)
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(70 ILCS 3305/10) (from Ch. 121, par. 364)
Sec. 10.
The Board of trustees may levy and collect other taxes for
corporate purposes upon property within the territorial limits of such
street lighting district, the aggregate amount of which including the
tax levied for payment of any bonds issued for each year, shall not
exceed .125 per cent of value, as equalized or assessed by the
Department of Revenue, except as provided by Section 10.1. The foregoing
limitation upon tax rate may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(70 ILCS 3305/10.1) (from Ch. 121, par. 364.1)
Sec. 10.1.
If the board desires to levy or cause to be levied,
annually, more than the rate per cent authorized for corporate purposes
by Section 10 or the rate as increased pursuant to this section, as the
case may be, the board may adopt a resolution and certify such resolution
and the proposition
for an assent to increase the annual tax rate to the proper election officials
who shall submit the proposition to the
voters of the district at an election in accordance with the general election
law. The rate as so increased shall
not exceed 2.00%. If at such referendum a majority of the votes cast on the
proposition is in favor thereof, the board and the authorities of such
district may thereafter, until such authority is revoked in like manner,
levy annually upon all taxable property of the district, for corporate
purposes, the tax so authorized.
The notice of such referendum election shall specify the proposed increase
in the tax rate and shall be published in accordance with the general election law.
The proposed increase in the annual tax rate for corporate purposes
shall be printed on the ballot and the proposition shall be in substantially
the following form:
Shall the annual tax rate forcorporate purposes in (insert name of YESdistrict) be increased by ....% from (insert present rate) to (insert NOproposed rate)?
The board of any district which has the authority to levy the tax at
a rate not to exceed .50% as provided for in this Section before October
1, 1977 does not have the authority to increase the tax levy to a rate not
to exceed 1.00% unless the question of increasing the taxing authority is
submitted to the voters of the district and approved by a majority of the
votes cast upon the proposition.
The board of any district which has the authority to levy the tax at
a rate not to exceed .50% as provided for in this Section before October
1, 1977 or at a rate not to exceed 1.00% as provided for in this Section before the
effective date of this amendatory Act of 1980 does not have the
authority to increase the tax levy to a rate not to exceed 2.00% unless
the question of increasing the taxing authority is submitted to the
voters of the district and approved by a majority of the votes cast upon
the proposition.
(Source: P.A. 82-783.)
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(70 ILCS 3305/11) Sec. 11. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, or consolidate the district into the township in which the district sits if the entire district is located within the district, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district. The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 100-107, eff. 1-1-18.) |