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90_SB0254
70 ILCS 2105/21 from Ch. 42, par. 404
Amends the River Conservancy Districts Act to require
that a public hearing be held before special service area
taxation may be imposed.
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1 AN ACT to amend the River Conservancy Districts Act by
2 changing Section 21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The River Conservancy Districts Act is
6 amended by changing Section 21 as follows:
7 (70 ILCS 2105/21) (from Ch. 42, par. 404)
8 Sec. 21. (a) The board of trustees of any conservancy
9 district incorporated under this Act shall have the power to
10 build and construct and to defray the costs and expenses of
11 the construction of drains, sewers, or laterals, septic tanks
12 and other works for the disposal of sewage, water pipes,
13 streets and roads, or local shore improvements, together with
14 other necessary adjuncts thereto, including pumps and pumping
15 stations and also may construct dams, deepen or improve the
16 channel, bed, banks or shore or shores or any part thereof of
17 any stream, water course or other body of water in such
18 district, and acquire both real and personal property, in the
19 execution or in furtherance of the powers granted to such
20 conservancy district, by special assessment or by general
21 taxation, or by special service area taxation if authorized
22 as provided under this Section, as they by ordinance shall
23 prescribe. The board of trustees of any conservancy district
24 shall have power to contract with any sanitary district now
25 or hereafter organized or with any municipality having sewage
26 disposal works for the disposal of any sewage within the
27 conservancy district. It shall constitute no objection to any
28 special assessment that the improvement for which the same is
29 levied is partly outside the limits of such conservancy
30 district, but no special assessments shall be levied upon
31 property situated outside of such conservancy district, and
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1 in no case shall any property be assessed more than it will
2 be benefited by the improvement for which the assessment is
3 levied.
4 (b) The proceedings for making, levying, collecting and
5 enforcing of any special assessment levied hereunder, the
6 letting of contracts, performance of the work and all other
7 matters pertaining to the construction and making of the
8 improvement shall be the same as nearly as may be as is
9 prescribed in Article 5 of the "Illinois Drainage Code",
10 approved June 29, 1955, as heretofore and hereafter amended.
11 Whenever in said Article the word "Commissioner" is used,
12 the same shall apply to the board of trustees constituted by
13 this Act.
14 (c) The proceedings for making, levying, collecting and
15 enforcement of any special service area taxation levied
16 hereunder shall be the same as nearly as may be as is
17 prescribed in "An Act to provide the manner of levying or
18 imposing taxes for the provision of special services to areas
19 with the boundaries of home rule units and non-home rule
20 municipalities and counties", approved September 21, 1973, as
21 now or hereafter amended. Whenever in such Act the words
22 "municipality" or "county" or "municipal clerk" or "county
23 clerk" are used, with the exception of the provisions of
24 Section 10 providing for the extension of the tax by the
25 county clerk, the same shall be construed in relation to the
26 board of trustees constituted by this Act, and the words
27 applying to the municipality or county in that Act shall be
28 held to apply to the district created under this Act and its
29 officers, and the words "municipal clerk" or "county clerk"
30 shall be held to apply to the secretary of the district
31 created under this Act.
32 However, no special service area taxation shall be
33 imposed hereunder unless a petition has been filed with the
34 board of trustees by either the owners of a majority of the
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1 acreage or a majority of the owners of the acreage of the
2 conservancy district which lies in the proposed special
3 service area. The petition shall be accompanied by a
4 description of the proposed special service area, an
5 explanation of the proposed program, and a notation of the
6 proposed tax rate. A hearing, open to the general public,
7 shall be held on the special assessment before any special
8 assessment is imposed. The board of trustees of the district
9 shall publish the petition and certify the results.
10 (Source: P.A. 81-862.)