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90_SB0515enr
30 ILCS 805/8.21 new
35 ILCS 200/15-180
Amends the Property Tax Code to increase the maximum
homestead improvement exemption to $45,000 beginning January
1, 1998. Amends the State Mandates Act to exempt this
amendatory Act from the reimbursement requirements of the
State Mandates Act. Effective immediately.
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1 AN ACT concerning property.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Mandates Act is amended by adding
5 Section 8.22 as follows:
6 (30 ILCS 805/8.22 new)
7 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
8 and 8 of this Act, no reimbursement by the State is required
9 for the implementation of any mandate created by this
10 amendatory Act of 1998.
11 Section 10. The Property Tax Code is amended by changing
12 Sections 18-165 and 18-185 as follows:
13 (35 ILCS 200/18-165)
14 Sec. 18-165. Abatement of taxes.
15 (a) Any taxing district, upon a majority vote of its
16 governing authority, may, after the determination of the
17 assessed valuation of its property, order the clerk of that
18 county to abate any portion of its taxes on the following
19 types of property:
20 (1) Commercial and industrial.
21 (A) The property of any commercial or
22 industrial firm, including but not limited to the
23 property of any firm that is used for collecting,
24 separating, storing, or processing recyclable
25 materials, locating within the taxing district
26 during the immediately preceding year from another
27 state, territory, or country, or having been newly
28 created within this State during the immediately
29 preceding year, or expanding an existing facility.
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1 The abatement shall not exceed a period of 10 years
2 and the aggregate amount of abated taxes for all
3 taxing districts combined shall not exceed
4 $4,000,000; or
5 (B) The property of any commercial or
6 industrial development of at least 500 acres having
7 been created within the taxing district. The
8 abatement shall not exceed a period of 20 years and
9 the aggregate amount of abated taxes for all taxing
10 districts combined shall not exceed $12,000,000.
11 (C) The property of any commercial or
12 industrial firm currently located in the taxing
13 district that expands a facility or its number of
14 employees. The abatement shall not exceed a period
15 of 10 years and the aggregate amount of abated taxes
16 for all taxing districts combined shall not exceed
17 $4,000,000. The abatement period may be renewed at
18 the option of the taxing districts.
19 (2) Horse racing. Any property in the taxing
20 district which is used for the racing of horses and upon
21 which capital improvements consisting of expansion,
22 improvement or replacement of existing facilities have
23 been made since July 1, 1987. The combined abatements
24 for such property from all taxing districts in any county
25 shall not exceed $5,000,000 annually and shall not exceed
26 a period of 10 years.
27 (3) Auto racing. Any property designed exclusively
28 for the racing of motor vehicles. Such abatement shall
29 not exceed a period of 10 years.
30 (4) Academic or research institute. The property
31 of any academic or research institute in the taxing
32 district that (i) is an exempt organization under
33 paragraph (3) of Section 501(c) of the Internal Revenue
34 Code, (ii) operates for the benefit of the public by
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1 actually and exclusively performing scientific research
2 and making the results of the research available to the
3 interested public on a non-discriminatory basis, and
4 (iii) employs more than 100 employees. An abatement
5 granted under this paragraph shall be for at least 15
6 years and the aggregate amount of abated taxes for all
7 taxing districts combined shall not exceed $5,000,000.
8 (5) Housing for older persons. Any property in the
9 taxing district that is devoted exclusively to affordable
10 housing for older households. For purposes of this
11 paragraph, "older households" means those households (i)
12 living in housing provided under any State or federal
13 program that the Department of Human Rights determines is
14 specifically designed and operated to assist elderly
15 persons and is solely occupied by persons 55 years of age
16 or older and (ii) whose annual income does not exceed 80%
17 of the area gross median income, adjusted for family
18 size, as such gross income and median income are
19 determined from time to time by the United States
20 Department of Housing and Urban Development. The
21 abatement shall not exceed a period of 15 years, and the
22 aggregate amount of abated taxes for all taxing districts
23 shall not exceed $3,000,000.
24 (b) Upon a majority vote of its governing authority, any
25 municipality may, after the determination of the assessed
26 valuation of its property, order the county clerk to abate
27 any portion of its taxes on any property that is located
28 within the corporate limits of the municipality in accordance
29 with Section 8-3-18 of the Illinois Municipal Code.
30 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
31 90-415, eff. 8-15-97; revised 10-30-97.)
32 (35 ILCS 200/18-185)
33 Sec. 18-185. Short title; definitions. This Section and
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1 Sections 18-190 through 18-245 may be cited as the Property
2 Tax Extension Limitation Law. As used in Sections 18-190
3 through 18-245:
4 "Consumer Price Index" means the Consumer Price Index for
5 All Urban Consumers for all items published by the United
6 States Department of Labor.
7 "Extension limitation" means (a) the lesser of 5% or the
8 percentage increase in the Consumer Price Index during the
9 12-month calendar year preceding the levy year or (b) the
10 rate of increase approved by voters under Section 18-205.
11 "Affected county" means a county of 3,000,000 or more
12 inhabitants or a county contiguous to a county of 3,000,000
13 or more inhabitants.
14 "Taxing district" has the same meaning provided in
15 Section 1-150, except as otherwise provided in this Section.
16 For the 1991 through 1994 levy years only, "taxing district"
17 includes only each non-home rule taxing district having the
18 majority of its 1990 equalized assessed value within any
19 county or counties contiguous to a county with 3,000,000 or
20 more inhabitants. Beginning with the 1995 levy year, "taxing
21 district" includes only each non-home rule taxing district
22 subject to this Law before the 1995 levy year and each
23 non-home rule taxing district not subject to this Law before
24 the 1995 levy year having the majority of its 1994 equalized
25 assessed value in an affected county or counties. Beginning
26 with the levy year in which this Law becomes applicable to a
27 taxing district as provided in Section 18-213, "taxing
28 district" also includes those taxing districts made subject
29 to this Law as provided in Section 18-213.
30 "Aggregate extension" for taxing districts to which this
31 Law applied before the 1995 levy year means the annual
32 corporate extension for the taxing district and those special
33 purpose extensions that are made annually for the taxing
34 district, excluding special purpose extensions: (a) made for
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1 the taxing district to pay interest or principal on general
2 obligation bonds that were approved by referendum; (b) made
3 for any taxing district to pay interest or principal on
4 general obligation bonds issued before October 1, 1991; (c)
5 made for any taxing district to pay interest or principal on
6 bonds issued to refund or continue to refund those bonds
7 issued before October 1, 1991; (d) made for any taxing
8 district to pay interest or principal on bonds issued to
9 refund or continue to refund bonds issued after October 1,
10 1991 that were approved by referendum; (e) made for any
11 taxing district to pay interest or principal on revenue bonds
12 issued before October 1, 1991 for payment of which a property
13 tax levy or the full faith and credit of the unit of local
14 government is pledged; however, a tax for the payment of
15 interest or principal on those bonds shall be made only after
16 the governing body of the unit of local government finds that
17 all other sources for payment are insufficient to make those
18 payments; (f) made for payments under a building commission
19 lease when the lease payments are for the retirement of bonds
20 issued by the commission before October 1, 1991, to pay for
21 the building project; (g) made for payments due under
22 installment contracts entered into before October 1, 1991;
23 (h) made for payments of principal and interest on bonds
24 issued under the Metropolitan Water Reclamation District Act
25 to finance construction projects initiated before October 1,
26 1991; (i) made for payments of principal and interest on
27 limited bonds, as defined in Section 3 of the Local
28 Government Debt Reform Act, in an amount not to exceed the
29 debt service extension base less the amount in items (b),
30 (c), (e), and (h) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum; (j) made for payments of principal and interest
33 on bonds issued under Section 15 of the Local Government Debt
34 Reform Act; and (k) made by a school district that
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1 participates in the Special Education District of Lake
2 County, created by special education joint agreement under
3 Section 10-22.31 of the School Code, for payment of the
4 school district's share of the amounts required to be
5 contributed by the Special Education District of Lake County
6 to the Illinois Municipal Retirement Fund under Article 7 of
7 the Illinois Pension Code; the amount of any extension under
8 this item (k) shall be certified by the school district to
9 the county clerk.
10 "Aggregate extension" for the taxing districts to which
11 this Law did not apply before the 1995 levy year (except
12 taxing districts subject to this Law in accordance with
13 Section 18-213) means the annual corporate extension for the
14 taxing district and those special purpose extensions that are
15 made annually for the taxing district, excluding special
16 purpose extensions: (a) made for the taxing district to pay
17 interest or principal on general obligation bonds that were
18 approved by referendum; (b) made for any taxing district to
19 pay interest or principal on general obligation bonds issued
20 before March 1, 1995; (c) made for any taxing district to pay
21 interest or principal on bonds issued to refund or continue
22 to refund those bonds issued before March 1, 1995; (d) made
23 for any taxing district to pay interest or principal on bonds
24 issued to refund or continue to refund bonds issued after
25 March 1, 1995 that were approved by referendum; (e) made for
26 any taxing district to pay interest or principal on revenue
27 bonds issued before March 1, 1995 for payment of which a
28 property tax levy or the full faith and credit of the unit of
29 local government is pledged; however, a tax for the payment
30 of interest or principal on those bonds shall be made only
31 after the governing body of the unit of local government
32 finds that all other sources for payment are insufficient to
33 make those payments; (f) made for payments under a building
34 commission lease when the lease payments are for the
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1 retirement of bonds issued by the commission before March 1,
2 1995 to pay for the building project; (g) made for payments
3 due under installment contracts entered into before March 1,
4 1995; (h) made for payments of principal and interest on
5 bonds issued under the Metropolitan Water Reclamation
6 District Act to finance construction projects initiated
7 before October 1, 1991; (i) made for payments of principal
8 and interest on limited bonds, as defined in Section 3 of the
9 Local Government Debt Reform Act, in an amount not to exceed
10 the debt service extension base less the amount in items (b),
11 (c), and (e) of this definition for non-referendum
12 obligations, except obligations initially issued pursuant to
13 referendum and bonds described in subsection (h) of this
14 definition; (j) made for payments of principal and interest
15 on bonds issued under Section 15 of the Local Government Debt
16 Reform Act; (k) made for payments of principal and interest
17 on bonds authorized by Public Act 88-503 and issued under
18 Section 20a of the Chicago Park District Act for aquarium or
19 museum projects; and (l) made for payments of principal and
20 interest on bonds authorized by Public Act 87-1191 and issued
21 under Section 42 of the Cook County Forest Preserve District
22 Act for zoological park projects.
23 "Aggregate extension" for all taxing districts to which
24 this Law applies in accordance with Section 18-213, except
25 for those taxing districts subject to paragraph (2) of
26 subsection (e) of Section 18-213, means the annual corporate
27 extension for the taxing district and those special purpose
28 extensions that are made annually for the taxing district,
29 excluding special purpose extensions: (a) made for the taxing
30 district to pay interest or principal on general obligation
31 bonds that were approved by referendum; (b) made for any
32 taxing district to pay interest or principal on general
33 obligation bonds issued before the date on which the
34 referendum making this Law applicable to the taxing district
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1 is held; (c) made for any taxing district to pay interest or
2 principal on bonds issued to refund or continue to refund
3 those bonds issued before the date on which the referendum
4 making this Law applicable to the taxing district is held;
5 (d) made for any taxing district to pay interest or principal
6 on bonds issued to refund or continue to refund bonds issued
7 after the date on which the referendum making this Law
8 applicable to the taxing district is held if the bonds were
9 approved by referendum after the date on which the referendum
10 making this Law applicable to the taxing district is held;
11 (e) made for any taxing district to pay interest or principal
12 on revenue bonds issued before the date on which the
13 referendum making this Law applicable to the taxing district
14 is held for payment of which a property tax levy or the full
15 faith and credit of the unit of local government is pledged;
16 however, a tax for the payment of interest or principal on
17 those bonds shall be made only after the governing body of
18 the unit of local government finds that all other sources for
19 payment are insufficient to make those payments; (f) made for
20 payments under a building commission lease when the lease
21 payments are for the retirement of bonds issued by the
22 commission before the date on which the referendum making
23 this Law applicable to the taxing district is held to pay for
24 the building project; (g) made for payments due under
25 installment contracts entered into before the date on which
26 the referendum making this Law applicable to the taxing
27 district is held; (h) made for payments of principal and
28 interest on limited bonds, as defined in Section 3 of the
29 Local Government Debt Reform Act, in an amount not to exceed
30 the debt service extension base less the amount in items (b),
31 (c), and (e) of this definition for non-referendum
32 obligations, except obligations initially issued pursuant to
33 referendum; (i) made for payments of principal and interest
34 on bonds issued under Section 15 of the Local Government Debt
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1 Reform Act; and (j) made for a qualified airport authority to
2 pay interest or principal on general obligation bonds issued
3 for the purpose of paying obligations due under, or financing
4 airport facilities required to be acquired, constructed,
5 installed or equipped pursuant to, contracts entered into
6 before March 1, 1996 (but not including any amendments to
7 such a contract taking effect on or after that date).
8 "Aggregate extension" for all taxing districts to which
9 this Law applies in accordance with paragraph (2) of
10 subsection (e) of Section 18-213 means the annual corporate
11 extension for the taxing district and those special purpose
12 extensions that are made annually for the taxing district,
13 excluding special purpose extensions: (a) made for the taxing
14 district to pay interest or principal on general obligation
15 bonds that were approved by referendum; (b) made for any
16 taxing district to pay interest or principal on general
17 obligation bonds issued before the effective date of this
18 amendatory Act of 1997; (c) made for any taxing district to
19 pay interest or principal on bonds issued to refund or
20 continue to refund those bonds issued before the effective
21 date of this amendatory Act of 1997; (d) made for any taxing
22 district to pay interest or principal on bonds issued to
23 refund or continue to refund bonds issued after the effective
24 date of this amendatory Act of 1997 if the bonds were
25 approved by referendum after the effective date of this
26 amendatory Act of 1997; (e) made for any taxing district to
27 pay interest or principal on revenue bonds issued before the
28 effective date of this amendatory Act of 1997 for payment of
29 which a property tax levy or the full faith and credit of the
30 unit of local government is pledged; however, a tax for the
31 payment of interest or principal on those bonds shall be made
32 only after the governing body of the unit of local government
33 finds that all other sources for payment are insufficient to
34 make those payments; (f) made for payments under a building
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1 commission lease when the lease payments are for the
2 retirement of bonds issued by the commission before the
3 effective date of this amendatory Act of 1997 to pay for the
4 building project; (g) made for payments due under installment
5 contracts entered into before the effective date of this
6 amendatory Act of 1997; (h) made for payments of principal
7 and interest on limited bonds, as defined in Section 3 of the
8 Local Government Debt Reform Act, in an amount not to exceed
9 the debt service extension base less the amount in items (b),
10 (c), and (e) of this definition for non-referendum
11 obligations, except obligations initially issued pursuant to
12 referendum; (i) made for payments of principal and interest
13 on bonds issued under Section 15 of the Local Government Debt
14 Reform Act; and (j) made for a qualified airport authority to
15 pay interest or principal on general obligation bonds issued
16 for the purpose of paying obligations due under, or financing
17 airport facilities required to be acquired, constructed,
18 installed or equipped pursuant to, contracts entered into
19 before March 1, 1996 (but not including any amendments to
20 such a contract taking effect on or after that date).
21 "Debt service extension base" means an amount equal to
22 that portion of the extension for a taxing district for the
23 1994 levy year, or for those taxing districts subject to this
24 Law in accordance with Section 18-213, except for those
25 subject to paragraph (2) of subsection (e) of Section 18-213,
26 for the levy year in which the referendum making this Law
27 applicable to the taxing district is held, or for those
28 taxing districts subject to this Law in accordance with
29 paragraph (2) of subsection (e) of Section 18-213 for the
30 1996 levy year, constituting an extension for payment of
31 principal and interest on bonds issued by the taxing district
32 without referendum, but not including (i) bonds authorized by
33 Public Act 88-503 and issued under Section 20a of the Chicago
34 Park District Act for aquarium and museum projects; (ii)
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1 bonds issued under Section 15 of the Local Government Debt
2 Reform Act; or (iii) refunding obligations issued to refund
3 or to continue to refund obligations initially issued
4 pursuant to referendum. The debt service extension base may
5 be established or increased as provided under Section 18-212.
6 "Special purpose extensions" include, but are not limited
7 to, extensions for levies made on an annual basis for
8 unemployment and workers' compensation, self-insurance,
9 contributions to pension plans, and extensions made pursuant
10 to Section 6-601 of the Illinois Highway Code for a road
11 district's permanent road fund whether levied annually or
12 not. The extension for a special service area is not
13 included in the aggregate extension.
14 "Aggregate extension base" means the taxing district's
15 last preceding aggregate extension as adjusted under Sections
16 18-215 through 18-230.
17 "Levy year" has the same meaning as "year" under Section
18 1-155.
19 "New property" means (i) the assessed value, after final
20 board of review or board of appeals action, of new
21 improvements or additions to existing improvements on any
22 parcel of real property that increase the assessed value of
23 that real property during the levy year multiplied by the
24 equalization factor issued by the Department under Section
25 17-30 and (ii) the assessed value, after final board of
26 review or board of appeals action, of real property not
27 exempt from real estate taxation, which real property was
28 exempt from real estate taxation for any portion of the
29 immediately preceding levy year, multiplied by the
30 equalization factor issued by the Department under Section
31 17-30.
32 "Qualified airport authority" means an airport authority
33 organized under the Airport Authorities Act and located in a
34 county bordering on the State of Wisconsin and having a
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1 population in excess of 200,000 and not greater than 500,000.
2 "Recovered tax increment value" means the amount of the
3 current year's equalized assessed value, in the first year
4 after a municipality terminates the designation of an area as
5 a redevelopment project area previously established under the
6 Tax Increment Allocation Development Act in the Illinois
7 Municipal Code, previously established under the Industrial
8 Jobs Recovery Law in the Illinois Municipal Code, or
9 previously established under the Economic Development Area
10 Tax Increment Allocation Act, of each taxable lot, block,
11 tract, or parcel of real property in the redevelopment
12 project area over and above the initial equalized assessed
13 value of each property in the redevelopment project area.
14 For the taxes which are extended for the 1997 levy year, the
15 recovered tax increment value for a non-home rule taxing
16 district that first became subject to this Law for the 1995
17 levy year because a majority of its 1994 equalized assessed
18 value was in an affected county or counties shall be
19 increased if a municipality terminated the designation of an
20 area in 1993 as a redevelopment project area previously
21 established under the Tax Increment Allocation Development
22 Act in the Illinois Municipal Code, previously established
23 under the Industrial Jobs Recovery Law in the Illinois
24 Municipal Code, or previously established under the Economic
25 Development Area Tax Increment Allocation Act, by an amount
26 equal to the 1994 equalized assessed value of each taxable
27 lot, block, tract, or parcel of real property in the
28 redevelopment project area over and above the initial
29 equalized assessed value of each property in the
30 redevelopment project area.
31 Except as otherwise provided in this Section, "limiting
32 rate" means a fraction the numerator of which is the last
33 preceding aggregate extension base times an amount equal to
34 one plus the extension limitation defined in this Section and
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1 the denominator of which is the current year's equalized
2 assessed value of all real property in the territory under
3 the jurisdiction of the taxing district during the prior levy
4 year. For those taxing districts that reduced their
5 aggregate extension for the last preceding levy year, the
6 highest aggregate extension in any of the last 3 preceding
7 levy years shall be used for the purpose of computing the
8 limiting rate. The denominator shall not include new
9 property. The denominator shall not include the recovered
10 tax increment value.
11 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
12 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
13 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
14 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
15 Section 15. The Metropolitan Water Reclamation District
16 Act is amended by changing Section 8 as follows:
17 (70 ILCS 2605/8) (from Ch. 42, par. 327)
18 Sec. 8. Except as otherwise in this Act provided, the
19 sanitary district may acquire by lease, purchase or otherwise
20 within or without its corporate limits, or by condemnation
21 within its corporate limits, any and all real and personal
22 property, right of way and privilege that may be required for
23 its corporate purposes. All moneys for the purchase and
24 condemnation of any property must be paid before possession
25 is taken, or any work done on the premises. In case of an
26 appeal from the Court in which the condemnation proceedings
27 are pending, taken by either party, whereby the amount of
28 damages is not finally determined, the amount of the judgment
29 in the court shall be deposited with the county treasurer of
30 the county in which the judgment is rendered, subject to the
31 payment of damages on orders signed by the judge whenever the
32 amount of damages is finally determined.
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1 Upon recommendation of the general superintendent and
2 upon the approval of the board of trustees when any real or
3 personal property, right of way or privilege or any interest
4 therein, or any part thereof of such sanitary district is no
5 longer required for the corporate purposes of the sanitary
6 district it may be sold, vacated or released. Such sales,
7 vacations, or releases may be made subject to such conditions
8 and the retention of such interest therein as may be deemed
9 for the best interest of such sanitary district as
10 recommended by the general superintendent and approved by the
11 board of trustees.
12 However, the sanitary district may enter into a lease of
13 a building or a part thereof, or acquire title to a building
14 already constructed or to be constructed, for the purpose of
15 securing office space for its administrative corporate
16 functions, the period of such lease not to exceed 15 years
17 except as authorized by the provisions of Section 8b of this
18 Act. In the event of the purchase of such property for
19 administrative corporate functions, the sanitary district may
20 execute a mortgage or other documents of indebtedness as may
21 be required for the unpaid balance, to be paid in not more
22 than 15 annual installments. Annual installments on the
23 mortgage or annual payment on the lease shall be considered a
24 current corporate expense of the year in which they are to be
25 paid, and the amount of such annual installment or payment
26 shall be included in the Annual Appropriation and Corporate
27 Tax Levy Ordinances. Such expense may be incurred,
28 notwithstanding the provisions, if any applicable, contained
29 in any other Sections of this Act.
30 The sanitary district may dedicate to the public for
31 highway purposes any of its real property and the dedications
32 may be made subject to such conditions and the retention of
33 such interests therein as considered in the best interests of
34 the sanitary district by the board of trustees upon
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1 recommendation of the general superintendent.
2 The sanitary district may lease to others for any period
3 of time, not to exceed 99 years, upon the terms as its board
4 of trustees upon recommendation of the general superintendent
5 may determine, any such real property, right-of-way or
6 privilege, or any interest therein or any part thereof, which
7 is in the opinion of the board of trustees and general
8 superintendent of the sanitary district no longer required
9 for its corporate purposes or which may not be immediately
10 needed for such purposes. The leases may contain such
11 conditions and retain such interests therein as considered in
12 the best interests of the sanitary district by the board of
13 trustees upon recommendation of the general superintendent.
14 Negotiations and execution of such leases and preparatory
15 activities in connection therewith must comply with Section
16 8c of this Act. The sanitary district may grant easements and
17 permits for the use of any such real property, right-of-way,
18 or privilege, which will not in the opinion of the board of
19 trustees and general superintendent of the sanitary district
20 interfere with the use thereof by the sanitary district for
21 its corporate purposes. Such easements and permits may
22 contain such conditions and retain such interests therein as
23 considered in the best interests of the sanitary district by
24 the board of trustees upon recommendation of the general
25 superintendent.
26 No sales, vacations, dedications for highway purposes, or
27 leases for periods in excess of 5 years, of the following
28 described real estate, may be made or granted by the sanitary
29 district without the approval in writing of the Director of
30 Natural Resources of the State of Illinois:
31 All the right-of-way of the Calumet-Sag Channel of the
32 sanitary district extending from the Little Calumet River
33 near Blue Island, Illinois, to the right-of-way of the main
34 channel of the sanitary district near Sag, Illinois.
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1 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
2 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
3 lying northeasterly of a tract of land leased to the Corn
4 Products Manufacturing Company from January 1, 1908, to
5 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
6 of and adjoining the above mentioned leased tract measured
7 parallel with the main channel of the sanitary district; Lots
8 166, 168, 207, 208, and part of Lot 211 lying northeasterly
9 of a line 1500 feet southwesterly of the center line of
10 Stephen Street, Lemont, Illinois, and parallel with said
11 street measured parallel with said main channel; and Lot 212
12 of the Sanitary District Trustees Subdivision of right-of-way
13 from the north and south center line of Section 30, Township
14 39 North, Range 14 East of the Third Principal Meridian, to
15 Will County line.
16 That part of the right-of-way of the main channel of the
17 sanitary district in Section 14, Township 37 North, Range 11
18 East of the Third Principal Meridian, lying southerly of said
19 main channel, northerly of the Northerly Reserve Line of the
20 Illinois and Michigan Canal, and westerly of the Center line
21 of the old channel of the Des Plaines River.
22 That part of said main channel right-of-way in Section
23 35, Township 37 North, Range 10 East of the Third Principal
24 Meridian, lying east of said main channel and south of a line
25 1,319.1 feet north of and parallel with the south line of
26 said Section 35.
27 That part of said main channel right-of-way in the
28 northeast quarter of the northwest quarter of Section 2,
29 Township 36 North, Range 10 East of the Third Principal
30 Meridian, lying east of said main channel.
31 That part of said main channel right-of-way lying south
32 of Ninth Street in Lockport, Illinois.
33 The sanitary district may sell real estate that (i) is
34 not necessary for the functions of the district and (ii) has
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1 been declared surplus by the district's governing body. The
2 proceeds from the sale of the surplus real estate may be
3 deposited into a revolving fund that shall be known as the
4 Local Improvement Revolving Loan Fund. The sanitary district
5 shall have the authority to deposit additional surplus funds
6 into the Local Improvement Revolving Loan Fund. The sanitary
7 district shall establish a Local Improvement Loan Program to
8 make loans from the Local Improvement Revolving Loan Fund to
9 municipalities and other units of local government to
10 rehabilitate the local sewerage systems within their
11 boundaries. The sanitary district shall establish reasonable
12 rules to administer the program, including without limitation
13 criteria for the eligibility for a loan and the interest
14 rate. The interest rate established by the district must be
15 lower than the market rate. Notwithstanding any other law, if
16 any surplus real estate is located in an unincorporated
17 territory and if that real estate is contiguous to only one
18 municipality, 60 days before the sale of that real estate,
19 the sanitary district shall notify in writing the contiguous
20 municipality of the proposed sale. Prior to the sale of the
21 real estate, the municipality shall notify in writing the
22 sanitary district that the municipality will or will not
23 annex the surplus real estate. If the contiguous municipality
24 will annex such surplus real estate, then coincident with the
25 completion of the sale of that real estate by the sanitary
26 district, that real estate shall be automatically annexed to
27 the contiguous municipality.
28 All sales of real estate by such sanitary district must
29 be for cash, to the highest bidder upon open competitive
30 bids, and the proceeds of the sales, except the proceeds from
31 the sale of surplus real estate, may be used only for the
32 construction and equipment of sewage disposal plants, pumping
33 stations and intercepting sewers and appurtenances thereto,
34 and the acquisition of sites and easements therefor.
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1 However, the sanitary district may:
2 (a) Remise, release, quit claim and convey, without the
3 approval of the Department of Natural Resources of the State
4 of Illinois acting by and through its Director, to the United
5 States of America without any consideration to be paid
6 therefor, in aid of the widening of the Calumet-Sag Channel
7 of the sanitary district by the United States of America, all
8 those certain lands, tenements and hereditaments of every
9 kind and nature of that portion of the established
10 right-of-way of the Calumet-Sag Channel lying east of the
11 east line of Ashland Avenue, in Blue Island, Illinois, and
12 south of the center line of the channel except such portion
13 thereof as is needed for the operation and maintenance of and
14 access to the controlling works lock of the sanitary
15 district;
16 (b) Without the approval of the Department of Natural
17 Resources of the State of Illinois acting by and through its
18 Director, give and grant to the United States of America
19 without any consideration to be paid therefor the right,
20 privilege and authority to widen the Calumet-Sag Channel and
21 for that purpose to enter upon and use in the work of such
22 widening and for the disposal of spoil therefrom all that
23 part of the right-of-way of the Calumet-Sag Channel owned by
24 the sanitary district lying south of the center line of the
25 Calumet-Sag Channel from its connection with the main channel
26 of the sanitary district to the east line of Ashland Avenue
27 in Blue Island, Illinois;
28 (c) Make alterations to any structure made necessary by
29 such widening and to construct, reconstruct or otherwise
30 alter the existing highway bridges of the sanitary district
31 across the Calumet-Sag Channel;
32 (d) Give and grant to the United States of America
33 without any consideration to be paid therefor the right to
34 maintain the widened Calumet-Sag Channel without the
SB515 Enrolled -19- LRB9000546DNmb
1 occupation or use of or jurisdiction over any property of the
2 sanitary district adjoining and adjacent to such widened
3 channel;
4 (e) Acquire by lease, purchase, condemnation or
5 otherwise, whatever land, easements or rights of way, not
6 presently owned by it, that may be required by the United
7 States of America in constructing the Calumet-Sag Navigation
8 Project, as approved in Public Law 525, 79th Congress, Second
9 Session as described in House Document No. 677 for widening
10 and dredging the Calumet-Sag Channel, in improving the Little
11 Calumet River between the eastern end of the Sag Channel and
12 Turning Basin No. 5, and in improving the Calumet River
13 between Calumet Harbor and Lake Calumet;
14 (f) Furnish free of cost to the United States all lands,
15 easements, rights-of-way and soil disposal areas necessary
16 for the new work and for subsequent maintenance by the United
17 States;
18 (g) Provide for the necessary relocations of all
19 utilities.
20 Whatever land acquired by the sanitary district may
21 thereafter be determined by the Board of Trustees upon
22 recommendation of the general superintendent as not being
23 needed by the United States for the purposes of constructing
24 and maintaining the Calumet-Sag Navigation Project as above
25 described, shall be retained by the sanitary district for its
26 corporate purposes, or be sold, with all convenient speed,
27 vacated or released (but not leased) as its Board of Trustees
28 upon recommendation of the general superintendent may
29 determine: All sales of such real estate must be for cash, to
30 the highest bidder upon open, competitive bids, and the
31 proceeds of the sales may be used only for the purpose of
32 paying principal and interest upon the bonds authorized by
33 this Act, and if no bonds are then outstanding, for the
34 purpose of paying principal and interest upon any general
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1 obligation bonds of the sanitary district, and for corporate
2 purposes of the sanitary district. When the proceeds are used
3 to pay bonds and interest, proper abatement shall be made in
4 the taxes next extended for such bonds and interest.
5 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
6 Section 90. Severability. The provisions of this Act
7 are severable under Section 1.31 of the Statute on Statutes.