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90_SB0515ham001
LRB9000546KDgcam01
1 AMENDMENT TO SENATE BILL 515
2 AMENDMENT NO. . Amend Senate Bill 515 by replacing
3 the title with the following:
4 "AN ACT concerning property."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Mandates Act is amended by adding
8 Section 8.22 as follows:
9 (30 ILCS 805/8.22 new)
10 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
11 and 8 of this Act, no reimbursement by the State is required
12 for the implementation of any mandate created by this
13 amendatory Act of 1998.
14 Section 10. The Property Tax Code is amended by changing
15 Sections 18-165 and 18-185 as follows:
16 (35 ILCS 200/18-165)
17 Sec. 18-165. Abatement of taxes.
18 (a) Any taxing district, upon a majority vote of its
19 governing authority, may, after the determination of the
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1 assessed valuation of its property, order the clerk of that
2 county to abate any portion of its taxes on the following
3 types of property:
4 (1) Commercial and industrial.
5 (A) The property of any commercial or
6 industrial firm, including but not limited to the
7 property of any firm that is used for collecting,
8 separating, storing, or processing recyclable
9 materials, locating within the taxing district
10 during the immediately preceding year from another
11 state, territory, or country, or having been newly
12 created within this State during the immediately
13 preceding year, or expanding an existing facility.
14 The abatement shall not exceed a period of 10 years
15 and the aggregate amount of abated taxes for all
16 taxing districts combined shall not exceed
17 $4,000,000; or
18 (B) The property of any commercial or
19 industrial development of at least 500 acres having
20 been created within the taxing district. The
21 abatement shall not exceed a period of 20 years and
22 the aggregate amount of abated taxes for all taxing
23 districts combined shall not exceed $12,000,000.
24 (C) The property of any commercial or
25 industrial firm currently located in the taxing
26 district that expands a facility or its number of
27 employees. The abatement shall not exceed a period
28 of 10 years and the aggregate amount of abated taxes
29 for all taxing districts combined shall not exceed
30 $4,000,000. The abatement period may be renewed at
31 the option of the taxing districts.
32 (2) Horse racing. Any property in the taxing
33 district which is used for the racing of horses and upon
34 which capital improvements consisting of expansion,
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1 improvement or replacement of existing facilities have
2 been made since July 1, 1987. The combined abatements
3 for such property from all taxing districts in any county
4 shall not exceed $5,000,000 annually and shall not exceed
5 a period of 10 years.
6 (3) Auto racing. Any property designed exclusively
7 for the racing of motor vehicles. Such abatement shall
8 not exceed a period of 10 years.
9 (4) Academic or research institute. The property
10 of any academic or research institute in the taxing
11 district that (i) is an exempt organization under
12 paragraph (3) of Section 501(c) of the Internal Revenue
13 Code, (ii) operates for the benefit of the public by
14 actually and exclusively performing scientific research
15 and making the results of the research available to the
16 interested public on a non-discriminatory basis, and
17 (iii) employs more than 100 employees. An abatement
18 granted under this paragraph shall be for at least 15
19 years and the aggregate amount of abated taxes for all
20 taxing districts combined shall not exceed $5,000,000.
21 (5) Housing for older persons. Any property in the
22 taxing district that is devoted exclusively to affordable
23 housing for older households. For purposes of this
24 paragraph, "older households" means those households (i)
25 living in housing provided under any State or federal
26 program that the Department of Human Rights determines is
27 specifically designed and operated to assist elderly
28 persons and is solely occupied by persons 55 years of age
29 or older and (ii) whose annual income does not exceed 80%
30 of the area gross median income, adjusted for family
31 size, as such gross income and median income are
32 determined from time to time by the United States
33 Department of Housing and Urban Development. The
34 abatement shall not exceed a period of 15 years, and the
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1 aggregate amount of abated taxes for all taxing districts
2 shall not exceed $3,000,000.
3 (b) Upon a majority vote of its governing authority, any
4 municipality may, after the determination of the assessed
5 valuation of its property, order the county clerk to abate
6 any portion of its taxes on any property that is located
7 within the corporate limits of the municipality in accordance
8 with Section 8-3-18 of the Illinois Municipal Code.
9 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
10 90-415, eff. 8-15-97; revised 10-30-97.)
11 (35 ILCS 200/18-185)
12 Sec. 18-185. Short title; definitions. This Section and
13 Sections 18-190 through 18-245 may be cited as the Property
14 Tax Extension Limitation Law. As used in Sections 18-190
15 through 18-245:
16 "Consumer Price Index" means the Consumer Price Index for
17 All Urban Consumers for all items published by the United
18 States Department of Labor.
19 "Extension limitation" means (a) the lesser of 5% or the
20 percentage increase in the Consumer Price Index during the
21 12-month calendar year preceding the levy year or (b) the
22 rate of increase approved by voters under Section 18-205.
23 "Affected county" means a county of 3,000,000 or more
24 inhabitants or a county contiguous to a county of 3,000,000
25 or more inhabitants.
26 "Taxing district" has the same meaning provided in
27 Section 1-150, except as otherwise provided in this Section.
28 For the 1991 through 1994 levy years only, "taxing district"
29 includes only each non-home rule taxing district having the
30 majority of its 1990 equalized assessed value within any
31 county or counties contiguous to a county with 3,000,000 or
32 more inhabitants. Beginning with the 1995 levy year, "taxing
33 district" includes only each non-home rule taxing district
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1 subject to this Law before the 1995 levy year and each
2 non-home rule taxing district not subject to this Law before
3 the 1995 levy year having the majority of its 1994 equalized
4 assessed value in an affected county or counties. Beginning
5 with the levy year in which this Law becomes applicable to a
6 taxing district as provided in Section 18-213, "taxing
7 district" also includes those taxing districts made subject
8 to this Law as provided in Section 18-213.
9 "Aggregate extension" for taxing districts to which this
10 Law applied before the 1995 levy year means the annual
11 corporate extension for the taxing district and those special
12 purpose extensions that are made annually for the taxing
13 district, excluding special purpose extensions: (a) made for
14 the taxing district to pay interest or principal on general
15 obligation bonds that were approved by referendum; (b) made
16 for any taxing district to pay interest or principal on
17 general obligation bonds issued before October 1, 1991; (c)
18 made for any taxing district to pay interest or principal on
19 bonds issued to refund or continue to refund those bonds
20 issued before October 1, 1991; (d) made for any taxing
21 district to pay interest or principal on bonds issued to
22 refund or continue to refund bonds issued after October 1,
23 1991 that were approved by referendum; (e) made for any
24 taxing district to pay interest or principal on revenue bonds
25 issued before October 1, 1991 for payment of which a property
26 tax levy or the full faith and credit of the unit of local
27 government is pledged; however, a tax for the payment of
28 interest or principal on those bonds shall be made only after
29 the governing body of the unit of local government finds that
30 all other sources for payment are insufficient to make those
31 payments; (f) made for payments under a building commission
32 lease when the lease payments are for the retirement of bonds
33 issued by the commission before October 1, 1991, to pay for
34 the building project; (g) made for payments due under
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1 installment contracts entered into before October 1, 1991;
2 (h) made for payments of principal and interest on bonds
3 issued under the Metropolitan Water Reclamation District Act
4 to finance construction projects initiated before October 1,
5 1991; (i) made for payments of principal and interest on
6 limited bonds, as defined in Section 3 of the Local
7 Government Debt Reform Act, in an amount not to exceed the
8 debt service extension base less the amount in items (b),
9 (c), (e), and (h) of this definition for non-referendum
10 obligations, except obligations initially issued pursuant to
11 referendum; (j) made for payments of principal and interest
12 on bonds issued under Section 15 of the Local Government Debt
13 Reform Act; and (k) made by a school district that
14 participates in the Special Education District of Lake
15 County, created by special education joint agreement under
16 Section 10-22.31 of the School Code, for payment of the
17 school district's share of the amounts required to be
18 contributed by the Special Education District of Lake County
19 to the Illinois Municipal Retirement Fund under Article 7 of
20 the Illinois Pension Code; the amount of any extension under
21 this item (k) shall be certified by the school district to
22 the county clerk.
23 "Aggregate extension" for the taxing districts to which
24 this Law did not apply before the 1995 levy year (except
25 taxing districts subject to this Law in accordance with
26 Section 18-213) means the annual corporate extension for the
27 taxing district and those special purpose extensions that are
28 made annually for the taxing district, excluding special
29 purpose extensions: (a) made for the taxing district to pay
30 interest or principal on general obligation bonds that were
31 approved by referendum; (b) made for any taxing district to
32 pay interest or principal on general obligation bonds issued
33 before March 1, 1995; (c) made for any taxing district to pay
34 interest or principal on bonds issued to refund or continue
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1 to refund those bonds issued before March 1, 1995; (d) made
2 for any taxing district to pay interest or principal on bonds
3 issued to refund or continue to refund bonds issued after
4 March 1, 1995 that were approved by referendum; (e) made for
5 any taxing district to pay interest or principal on revenue
6 bonds issued before March 1, 1995 for payment of which a
7 property tax levy or the full faith and credit of the unit of
8 local government is pledged; however, a tax for the payment
9 of interest or principal on those bonds shall be made only
10 after the governing body of the unit of local government
11 finds that all other sources for payment are insufficient to
12 make those payments; (f) made for payments under a building
13 commission lease when the lease payments are for the
14 retirement of bonds issued by the commission before March 1,
15 1995 to pay for the building project; (g) made for payments
16 due under installment contracts entered into before March 1,
17 1995; (h) made for payments of principal and interest on
18 bonds issued under the Metropolitan Water Reclamation
19 District Act to finance construction projects initiated
20 before October 1, 1991; (i) made for payments of principal
21 and interest on limited bonds, as defined in Section 3 of the
22 Local Government Debt Reform Act, in an amount not to exceed
23 the debt service extension base less the amount in items (b),
24 (c), and (e) of this definition for non-referendum
25 obligations, except obligations initially issued pursuant to
26 referendum and bonds described in subsection (h) of this
27 definition; (j) made for payments of principal and interest
28 on bonds issued under Section 15 of the Local Government Debt
29 Reform Act; (k) made for payments of principal and interest
30 on bonds authorized by Public Act 88-503 and issued under
31 Section 20a of the Chicago Park District Act for aquarium or
32 museum projects; and (l) made for payments of principal and
33 interest on bonds authorized by Public Act 87-1191 and issued
34 under Section 42 of the Cook County Forest Preserve District
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1 Act for zoological park projects.
2 "Aggregate extension" for all taxing districts to which
3 this Law applies in accordance with Section 18-213, except
4 for those taxing districts subject to paragraph (2) of
5 subsection (e) of Section 18-213, means the annual corporate
6 extension for the taxing district and those special purpose
7 extensions that are made annually for the taxing district,
8 excluding special purpose extensions: (a) made for the taxing
9 district to pay interest or principal on general obligation
10 bonds that were approved by referendum; (b) made for any
11 taxing district to pay interest or principal on general
12 obligation bonds issued before the date on which the
13 referendum making this Law applicable to the taxing district
14 is held; (c) made for any taxing district to pay interest or
15 principal on bonds issued to refund or continue to refund
16 those bonds issued before the date on which the referendum
17 making this Law applicable to the taxing district is held;
18 (d) made for any taxing district to pay interest or principal
19 on bonds issued to refund or continue to refund bonds issued
20 after the date on which the referendum making this Law
21 applicable to the taxing district is held if the bonds were
22 approved by referendum after the date on which the referendum
23 making this Law applicable to the taxing district is held;
24 (e) made for any taxing district to pay interest or principal
25 on revenue bonds issued before the date on which the
26 referendum making this Law applicable to the taxing district
27 is held for payment of which a property tax levy or the full
28 faith and credit of the unit of local government is pledged;
29 however, a tax for the payment of interest or principal on
30 those bonds shall be made only after the governing body of
31 the unit of local government finds that all other sources for
32 payment are insufficient to make those payments; (f) made for
33 payments under a building commission lease when the lease
34 payments are for the retirement of bonds issued by the
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1 commission before the date on which the referendum making
2 this Law applicable to the taxing district is held to pay for
3 the building project; (g) made for payments due under
4 installment contracts entered into before the date on which
5 the referendum making this Law applicable to the taxing
6 district is held; (h) made for payments of principal and
7 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 "Aggregate extension" for all taxing districts to which
22 this Law applies in accordance with paragraph (2) of
23 subsection (e) of Section 18-213 means the annual corporate
24 extension for the taxing district and those special purpose
25 extensions that are made annually for the taxing district,
26 excluding special purpose extensions: (a) made for the taxing
27 district to pay interest or principal on general obligation
28 bonds that were approved by referendum; (b) made for any
29 taxing district to pay interest or principal on general
30 obligation bonds issued before the effective date of this
31 amendatory Act of 1997; (c) made for any taxing district to
32 pay interest or principal on bonds issued to refund or
33 continue to refund those bonds issued before the effective
34 date of this amendatory Act of 1997; (d) made for any taxing
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1 district to pay interest or principal on bonds issued to
2 refund or continue to refund bonds issued after the effective
3 date of this amendatory Act of 1997 if the bonds were
4 approved by referendum after the effective date of this
5 amendatory Act of 1997; (e) made for any taxing district to
6 pay interest or principal on revenue bonds issued before the
7 effective date of this amendatory Act of 1997 for payment of
8 which a property tax levy or the full faith and credit of the
9 unit of local government is pledged; however, a tax for the
10 payment of interest or principal on those bonds shall be made
11 only after the governing body of the unit of local government
12 finds that all other sources for payment are insufficient to
13 make those payments; (f) made for payments under a building
14 commission lease when the lease payments are for the
15 retirement of bonds issued by the commission before the
16 effective date of this amendatory Act of 1997 to pay for the
17 building project; (g) made for payments due under installment
18 contracts entered into before the effective date of this
19 amendatory Act of 1997; (h) made for payments of principal
20 and interest on limited bonds, as defined in Section 3 of the
21 Local Government Debt Reform Act, in an amount not to exceed
22 the debt service extension base less the amount in items (b),
23 (c), and (e) of this definition for non-referendum
24 obligations, except obligations initially issued pursuant to
25 referendum; (i) made for payments of principal and interest
26 on bonds issued under Section 15 of the Local Government Debt
27 Reform Act; and (j) made for a qualified airport authority to
28 pay interest or principal on general obligation bonds issued
29 for the purpose of paying obligations due under, or financing
30 airport facilities required to be acquired, constructed,
31 installed or equipped pursuant to, contracts entered into
32 before March 1, 1996 (but not including any amendments to
33 such a contract taking effect on or after that date).
34 "Debt service extension base" means an amount equal to
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1 that portion of the extension for a taxing district for the
2 1994 levy year, or for those taxing districts subject to this
3 Law in accordance with Section 18-213, except for those
4 subject to paragraph (2) of subsection (e) of Section 18-213,
5 for the levy year in which the referendum making this Law
6 applicable to the taxing district is held, or for those
7 taxing districts subject to this Law in accordance with
8 paragraph (2) of subsection (e) of Section 18-213 for the
9 1996 levy year, constituting an extension for payment of
10 principal and interest on bonds issued by the taxing district
11 without referendum, but not including (i) bonds authorized by
12 Public Act 88-503 and issued under Section 20a of the Chicago
13 Park District Act for aquarium and museum projects; (ii)
14 bonds issued under Section 15 of the Local Government Debt
15 Reform Act; or (iii) refunding obligations issued to refund
16 or to continue to refund obligations initially issued
17 pursuant to referendum. The debt service extension base may
18 be established or increased as provided under Section 18-212.
19 "Special purpose extensions" include, but are not limited
20 to, extensions for levies made on an annual basis for
21 unemployment and workers' compensation, self-insurance,
22 contributions to pension plans, and extensions made pursuant
23 to Section 6-601 of the Illinois Highway Code for a road
24 district's permanent road fund whether levied annually or
25 not. The extension for a special service area is not
26 included in the aggregate extension.
27 "Aggregate extension base" means the taxing district's
28 last preceding aggregate extension as adjusted under Sections
29 18-215 through 18-230.
30 "Levy year" has the same meaning as "year" under Section
31 1-155.
32 "New property" means (i) the assessed value, after final
33 board of review or board of appeals action, of new
34 improvements or additions to existing improvements on any
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1 parcel of real property that increase the assessed value of
2 that real property during the levy year multiplied by the
3 equalization factor issued by the Department under Section
4 17-30 and (ii) the assessed value, after final board of
5 review or board of appeals action, of real property not
6 exempt from real estate taxation, which real property was
7 exempt from real estate taxation for any portion of the
8 immediately preceding levy year, multiplied by the
9 equalization factor issued by the Department under Section
10 17-30.
11 "Qualified airport authority" means an airport authority
12 organized under the Airport Authorities Act and located in a
13 county bordering on the State of Wisconsin and having a
14 population in excess of 200,000 and not greater than 500,000.
15 "Recovered tax increment value" means the amount of the
16 current year's equalized assessed value, in the first year
17 after a municipality terminates the designation of an area as
18 a redevelopment project area previously established under the
19 Tax Increment Allocation Development Act in the Illinois
20 Municipal Code, previously established under the Industrial
21 Jobs Recovery Law in the Illinois Municipal Code, or
22 previously established under the Economic Development Area
23 Tax Increment Allocation Act, of each taxable lot, block,
24 tract, or parcel of real property in the redevelopment
25 project area over and above the initial equalized assessed
26 value of each property in the redevelopment project area.
27 For the taxes which are extended for the 1997 levy year, the
28 recovered tax increment value for a non-home rule taxing
29 district that first became subject to this Law for the 1995
30 levy year because a majority of its 1994 equalized assessed
31 value was in an affected county or counties shall be
32 increased if a municipality terminated the designation of an
33 area in 1993 as a redevelopment project area previously
34 established under the Tax Increment Allocation Development
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1 Act in the Illinois Municipal Code, previously established
2 under the Industrial Jobs Recovery Law in the Illinois
3 Municipal Code, or previously established under the Economic
4 Development Area Tax Increment Allocation Act, by an amount
5 equal to the 1994 equalized assessed value of each taxable
6 lot, block, tract, or parcel of real property in the
7 redevelopment project area over and above the initial
8 equalized assessed value of each property in the
9 redevelopment project area.
10 Except as otherwise provided in this Section, "limiting
11 rate" means a fraction the numerator of which is the last
12 preceding aggregate extension base times an amount equal to
13 one plus the extension limitation defined in this Section and
14 the denominator of which is the current year's equalized
15 assessed value of all real property in the territory under
16 the jurisdiction of the taxing district during the prior levy
17 year. For those taxing districts that reduced their
18 aggregate extension for the last preceding levy year, the
19 highest aggregate extension in any of the last 3 preceding
20 levy years shall be used for the purpose of computing the
21 limiting rate. The denominator shall not include new
22 property. The denominator shall not include the recovered
23 tax increment value.
24 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
25 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
26 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
27 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
28 Section 15. The Metropolitan Water Reclamation District
29 Act is amended by changing Section 8 as follows:
30 (70 ILCS 2605/8) (from Ch. 42, par. 327)
31 Sec. 8. Except as otherwise in this Act provided, the
32 sanitary district may acquire by lease, purchase or otherwise
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1 within or without its corporate limits, or by condemnation
2 within its corporate limits, any and all real and personal
3 property, right of way and privilege that may be required for
4 its corporate purposes. All moneys for the purchase and
5 condemnation of any property must be paid before possession
6 is taken, or any work done on the premises. In case of an
7 appeal from the Court in which the condemnation proceedings
8 are pending, taken by either party, whereby the amount of
9 damages is not finally determined, the amount of the judgment
10 in the court shall be deposited with the county treasurer of
11 the county in which the judgment is rendered, subject to the
12 payment of damages on orders signed by the judge whenever the
13 amount of damages is finally determined.
14 Upon recommendation of the general superintendent and
15 upon the approval of the board of trustees when any real or
16 personal property, right of way or privilege or any interest
17 therein, or any part thereof of such sanitary district is no
18 longer required for the corporate purposes of the sanitary
19 district it may be sold, vacated or released. Such sales,
20 vacations, or releases may be made subject to such conditions
21 and the retention of such interest therein as may be deemed
22 for the best interest of such sanitary district as
23 recommended by the general superintendent and approved by the
24 board of trustees.
25 However, the sanitary district may enter into a lease of
26 a building or a part thereof, or acquire title to a building
27 already constructed or to be constructed, for the purpose of
28 securing office space for its administrative corporate
29 functions, the period of such lease not to exceed 15 years
30 except as authorized by the provisions of Section 8b of this
31 Act. In the event of the purchase of such property for
32 administrative corporate functions, the sanitary district may
33 execute a mortgage or other documents of indebtedness as may
34 be required for the unpaid balance, to be paid in not more
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1 than 15 annual installments. Annual installments on the
2 mortgage or annual payment on the lease shall be considered a
3 current corporate expense of the year in which they are to be
4 paid, and the amount of such annual installment or payment
5 shall be included in the Annual Appropriation and Corporate
6 Tax Levy Ordinances. Such expense may be incurred,
7 notwithstanding the provisions, if any applicable, contained
8 in any other Sections of this Act.
9 The sanitary district may dedicate to the public for
10 highway purposes any of its real property and the dedications
11 may be made subject to such conditions and the retention of
12 such interests therein as considered in the best interests of
13 the sanitary district by the board of trustees upon
14 recommendation of the general superintendent.
15 The sanitary district may lease to others for any period
16 of time, not to exceed 99 years, upon the terms as its board
17 of trustees upon recommendation of the general superintendent
18 may determine, any such real property, right-of-way or
19 privilege, or any interest therein or any part thereof, which
20 is in the opinion of the board of trustees and general
21 superintendent of the sanitary district no longer required
22 for its corporate purposes or which may not be immediately
23 needed for such purposes. The leases may contain such
24 conditions and retain such interests therein as considered in
25 the best interests of the sanitary district by the board of
26 trustees upon recommendation of the general superintendent.
27 Negotiations and execution of such leases and preparatory
28 activities in connection therewith must comply with Section
29 8c of this Act. The sanitary district may grant easements and
30 permits for the use of any such real property, right-of-way,
31 or privilege, which will not in the opinion of the board of
32 trustees and general superintendent of the sanitary district
33 interfere with the use thereof by the sanitary district for
34 its corporate purposes. Such easements and permits may
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1 contain such conditions and retain such interests therein as
2 considered in the best interests of the sanitary district by
3 the board of trustees upon recommendation of the general
4 superintendent.
5 No sales, vacations, dedications for highway purposes, or
6 leases for periods in excess of 5 years, of the following
7 described real estate, may be made or granted by the sanitary
8 district without the approval in writing of the Director of
9 Natural Resources of the State of Illinois:
10 All the right-of-way of the Calumet-Sag Channel of the
11 sanitary district extending from the Little Calumet River
12 near Blue Island, Illinois, to the right-of-way of the main
13 channel of the sanitary district near Sag, Illinois.
14 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
15 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
16 lying northeasterly of a tract of land leased to the Corn
17 Products Manufacturing Company from January 1, 1908, to
18 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
19 of and adjoining the above mentioned leased tract measured
20 parallel with the main channel of the sanitary district; Lots
21 166, 168, 207, 208, and part of Lot 211 lying northeasterly
22 of a line 1500 feet southwesterly of the center line of
23 Stephen Street, Lemont, Illinois, and parallel with said
24 street measured parallel with said main channel; and Lot 212
25 of the Sanitary District Trustees Subdivision of right-of-way
26 from the north and south center line of Section 30, Township
27 39 North, Range 14 East of the Third Principal Meridian, to
28 Will County line.
29 That part of the right-of-way of the main channel of the
30 sanitary district in Section 14, Township 37 North, Range 11
31 East of the Third Principal Meridian, lying southerly of said
32 main channel, northerly of the Northerly Reserve Line of the
33 Illinois and Michigan Canal, and westerly of the Center line
34 of the old channel of the Des Plaines River.
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1 That part of said main channel right-of-way in Section
2 35, Township 37 North, Range 10 East of the Third Principal
3 Meridian, lying east of said main channel and south of a line
4 1,319.1 feet north of and parallel with the south line of
5 said Section 35.
6 That part of said main channel right-of-way in the
7 northeast quarter of the northwest quarter of Section 2,
8 Township 36 North, Range 10 East of the Third Principal
9 Meridian, lying east of said main channel.
10 That part of said main channel right-of-way lying south
11 of Ninth Street in Lockport, Illinois.
12 The sanitary district may sell real estate that (i) is
13 not necessary for the functions of the district and (ii) has
14 been declared surplus by the district's governing body. The
15 proceeds from the sale of the surplus real estate may be
16 deposited into a revolving fund that shall be known as the
17 Local Improvement Revolving Loan Fund. The sanitary district
18 shall have the authority to deposit additional surplus funds
19 into the Local Improvement Revolving Loan Fund. The sanitary
20 district shall establish a Local Improvement Loan Program to
21 make loans from the Local Improvement Revolving Loan Fund to
22 municipalities and other units of local government to
23 rehabilitate the local sewerage systems within their
24 boundaries. The sanitary district shall establish reasonable
25 rules to administer the program, including without limitation
26 criteria for the eligibility for a loan and the interest
27 rate. The interest rate established by the district must be
28 lower than the market rate. Notwithstanding any other law, if
29 any surplus real estate is located in an unincorporated
30 territory and if that real estate is contiguous to only one
31 municipality, 60 days before the sale of that real estate,
32 the sanitary district shall notify in writing the contiguous
33 municipality of the proposed sale. Prior to the sale of the
34 real estate, the municipality shall notify in writing the
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1 sanitary district that the municipality will or will not
2 annex the surplus real estate. If the contiguous municipality
3 will annex such surplus real estate, then coincident with the
4 completion of the sale of that real estate by the sanitary
5 district, that real estate shall be automatically annexed to
6 the contiguous municipality.
7 All sales of real estate by such sanitary district must
8 be for cash, to the highest bidder upon open competitive
9 bids, and the proceeds of the sales, except the proceeds from
10 the sale of surplus real estate, may be used only for the
11 construction and equipment of sewage disposal plants, pumping
12 stations and intercepting sewers and appurtenances thereto,
13 and the acquisition of sites and easements therefor.
14 However, the sanitary district may:
15 (a) Remise, release, quit claim and convey, without the
16 approval of the Department of Natural Resources of the State
17 of Illinois acting by and through its Director, to the United
18 States of America without any consideration to be paid
19 therefor, in aid of the widening of the Calumet-Sag Channel
20 of the sanitary district by the United States of America, all
21 those certain lands, tenements and hereditaments of every
22 kind and nature of that portion of the established
23 right-of-way of the Calumet-Sag Channel lying east of the
24 east line of Ashland Avenue, in Blue Island, Illinois, and
25 south of the center line of the channel except such portion
26 thereof as is needed for the operation and maintenance of and
27 access to the controlling works lock of the sanitary
28 district;
29 (b) Without the approval of the Department of Natural
30 Resources of the State of Illinois acting by and through its
31 Director, give and grant to the United States of America
32 without any consideration to be paid therefor the right,
33 privilege and authority to widen the Calumet-Sag Channel and
34 for that purpose to enter upon and use in the work of such
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1 widening and for the disposal of spoil therefrom all that
2 part of the right-of-way of the Calumet-Sag Channel owned by
3 the sanitary district lying south of the center line of the
4 Calumet-Sag Channel from its connection with the main channel
5 of the sanitary district to the east line of Ashland Avenue
6 in Blue Island, Illinois;
7 (c) Make alterations to any structure made necessary by
8 such widening and to construct, reconstruct or otherwise
9 alter the existing highway bridges of the sanitary district
10 across the Calumet-Sag Channel;
11 (d) Give and grant to the United States of America
12 without any consideration to be paid therefor the right to
13 maintain the widened Calumet-Sag Channel without the
14 occupation or use of or jurisdiction over any property of the
15 sanitary district adjoining and adjacent to such widened
16 channel;
17 (e) Acquire by lease, purchase, condemnation or
18 otherwise, whatever land, easements or rights of way, not
19 presently owned by it, that may be required by the United
20 States of America in constructing the Calumet-Sag Navigation
21 Project, as approved in Public Law 525, 79th Congress, Second
22 Session as described in House Document No. 677 for widening
23 and dredging the Calumet-Sag Channel, in improving the Little
24 Calumet River between the eastern end of the Sag Channel and
25 Turning Basin No. 5, and in improving the Calumet River
26 between Calumet Harbor and Lake Calumet;
27 (f) Furnish free of cost to the United States all lands,
28 easements, rights-of-way and soil disposal areas necessary
29 for the new work and for subsequent maintenance by the United
30 States;
31 (g) Provide for the necessary relocations of all
32 utilities.
33 Whatever land acquired by the sanitary district may
34 thereafter be determined by the Board of Trustees upon
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1 recommendation of the general superintendent as not being
2 needed by the United States for the purposes of constructing
3 and maintaining the Calumet-Sag Navigation Project as above
4 described, shall be retained by the sanitary district for its
5 corporate purposes, or be sold, with all convenient speed,
6 vacated or released (but not leased) as its Board of Trustees
7 upon recommendation of the general superintendent may
8 determine: All sales of such real estate must be for cash, to
9 the highest bidder upon open, competitive bids, and the
10 proceeds of the sales may be used only for the purpose of
11 paying principal and interest upon the bonds authorized by
12 this Act, and if no bonds are then outstanding, for the
13 purpose of paying principal and interest upon any general
14 obligation bonds of the sanitary district, and for corporate
15 purposes of the sanitary district. When the proceeds are used
16 to pay bonds and interest, proper abatement shall be made in
17 the taxes next extended for such bonds and interest.
18 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
19 Section 90. Severability. The provisions of this Act
20 are severable under Section 1.31 of the Statute on
21 Statutes.".