State of Illinois
92nd General Assembly
Legislation

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92_HB0914ham003

 










                                           LRB9202962SMdvam02

 1                     AMENDMENT TO HOUSE BILL 914

 2        AMENDMENT NO.     .  Amend House Bill  914  on  page  12,
 3    line 16, after "project", by inserting the following:
 4    ",  including leases between a public building commission and
 5    a community college district in a county  with  a  population
 6    not  less  than  300,000  and  not more than 400,000 that are
 7    amended under subsection (n) of  Section  14  of  the  Public
 8    Building Commission Act"; and

 9    on  page  12,  line  21,  after  "1991;",  by  inserting  the
10    following:
11    "(h-5)   made  for  stormwater  management  purposes  by  the
12    Metropolitan Water Reclamation District  of  Greater  Chicago
13    under  Section  12  of  the  Metropolitan  Water  Reclamation
14    District Act;"; and

15    on  page  21,  line  5, by replacing "Sections 3 and 18" with
16    "Sections 3, 14, and 18"; and

17    on page 22, immediately  below  line  15,  by  inserting  the
18    following:

19        "(50 ILCS 20/14) (from Ch. 85, par. 1044)
20        Sec.  14.  A  Public  Building  Commission is a municipal
21    corporation and constitutes a body both corporate and politic
 
                            -2-            LRB9202962SMdvam02
 1    separate and apart from any other  municipal  corporation  or
 2    any  other  public  or governmental agency. It may sue and be
 3    sued, plead and be impleaded, and have a seal and alter  such
 4    at  pleasure,  have  perpetual  succession,  make and execute
 5    contracts, leases, deeds and other instruments  necessary  or
 6    convenient  to  the exercise of its powers, and make and from
 7    time  to  time  amend  and  repeal  its  by-laws,  rules  and
 8    regulations not inconsistent with this Act.  In addition,  it
 9    has  and  shall  exercise  the following public and essential
10    governmental  powers  and  functions  and  all  other  powers
11    incidental or necessary, to carry  out  and  effectuate  such
12    express powers:
13        (a)  To  select,  locate  and  designate, at any time and
14    from time to time, one or more areas lying wholly within  the
15    territorial  limits of the municipality or of the county seat
16    of the county in which the Commission is organized, or within
17    the territorial limits of the county if the  site  is  to  be
18    used  for county purposes, or (in the case of a county having
19    a population of at least 20,000 but not more than  21,000  as
20    determined by the 1980 federal census) within the territorial
21    limits  of the county if the site is to be used for municipal
22    purposes, as the  site  or  sites  to  be  acquired  for  the
23    erection,   alteration   or  improvement  of  a  building  or
24    buildings, public improvement or  other  facilities  for  the
25    purposes  set  forth  in  this  Section.   The  site or sites
26    selected shall be conveniently located  within  such  county,
27    municipality   or   county  seat  and  of  an  area  in  size
28    sufficiently large to accomplish and effectuate  the  purpose
29    of   this   Act   and   sufficient   to  provide  for  proper
30    architectural  setting  and  adequate  landscaping  for  such
31    building  or   buildings,   public   improvement   or   other
32    facilities.
33        (1)  Where  the  governing body of the county seat or the
34    governing  body  of  any  municipality  with  3,000  or  more
 
                            -3-            LRB9202962SMdvam02
 1    inhabitants has  adopted  the  original  resolution  for  the
 2    creation  of  the Commission, the site or sites selected, and
 3    in the case of a project for an Airport Authority,  the  site
 4    or  sites selected, the project and any lease agreements, are
 5    subject to approval by a  majority  of  the  members  of  the
 6    governing  body  of  the  county seat or by a majority of the
 7    members of the governing body of the  municipality.  However,
 8    where  the  site  is  for a county project and is outside the
 9    limits of a municipality, the approval of the site  shall  be
10    by the county board.
11        (2)  Where  the  original  resolution for the creation of
12    the Commission has been adopted by the governing body of  the
13    county,  the  site  or  sites  selected, and in the case of a
14    project for an Airport Authority, the site or sites selected,
15    the project and any lease agreements, are subject to approval
16    by a majority of the members of the  governing  body  of  the
17    county and to approval by 3/4 of the members of the governing
18    body  of  the county seat, except that approval of 3/4 of the
19    members of the governing body  of  the  county  seat  is  not
20    required  where the site is for a county or (in the case of a
21    county having a population of at least 20,000  but  not  more
22    than  21,000  as  determined  by  the  1980 federal census) a
23    municipal project and is outside the  limits  of  the  county
24    seat,  in  which  case  approval by 3/4 of the members of the
25    governing body of any municipality where the  site  or  sites
26    will  be  located  is required; and, if such site or sites so
27    selected, and in  the  case  of  a  project  for  an  Airport
28    Authority,  the  site  or sites selected, the project and any
29    lease agreements, are not approved by 3/4 of the  members  of
30    the  governing  body of the county seat the Commission may by
31    resolution request that the approval of the site or sites  so
32    selected,  and  in  the  case  of  a  project  for an Airport
33    Authority, the site or sites selected, the  project  and  any
34    lease  agreements,  be  submitted to a referendum at the next
 
                            -4-            LRB9202962SMdvam02
 1    general election in accordance with the general election law,
 2    and shall present such resolution to the county  clerk.  Upon
 3    receipt of such resolution the county clerk shall immediately
 4    notify  the board of election commissioners, if any; however,
 5    referenda pursuant to such resolution  shall  not  be  called
 6    more  frequently  than once in 4 years. The proposition shall
 7    be in substantially the following form:
 8    -------------------------------------------------------------
 9        Shall ...... be acquired for the
10    erection, alteration or improvement of a
11    building or  buildings pursuant to the        YES
12    Public  Building Commission Act,
13    approved  July 5, 1955, which project
14    it is  estimated will cost $.........,    -------------------
15    including the cost of the site
16    acquisition and for the payment of which
17    revenue bonds in the  amount of $....,        NO
18    maturing ....  and bearing interest at
19    the  rate of .....% per annum, may be issued?
20    -------------------------------------------------------------
21    If a majority of the electors voting on the proposition  vote
22    in  favor  of the proposition, the site or sites so selected,
23    and in the case of a project for an  Airport  Authority,  the
24    site or sites selected, the project and any lease agreements,
25    shall  be  approved.   Except  where  approval of the site or
26    sites has been obtained by referendum, the area or areas  may
27    be enlarged by the Board of Commissioners, from time to time,
28    as  the  need  therefor  arises.  The selection, location and
29    designation of more than one area may, but need not, be  made
30    at one time but may be made from time to time.
31        (b)  To acquire the fee simple title to the real property
32    located  within  such  area or areas, including easements and
33    reversionary interests  in  the  streets,  alleys  and  other
34    public   places   and  personal  property  required  for  its
 
                            -5-            LRB9202962SMdvam02
 1    purposes, by purchase, gift, legacy, or by  the  exercise  of
 2    the power of eminent domain, and title thereto shall be taken
 3    in  the  corporate  name  of  the Commission.  Eminent domain
 4    proceedings shall be in all respects in the  manner  provided
 5    for the exercise of the right of eminent domain under Article
 6    VII of the Code of Civil Procedure, approved August 19, 1981,
 7    as  amended.  All land and appurtenances thereto, acquired or
 8    owned by the Commission are to be deemed  acquired  or  owned
 9    for a public use or public purpose.
10        Any  municipal corporation which owns fee simple title to
11    real property located within such an area,  may  convey  such
12    real  property, or any part thereof, to the Commission with a
13    provision in such conveyance for the reverter  of  such  real
14    property to the transferor municipal corporation at such time
15    as  all revenue bonds and other obligations of the Commission
16    incident to the real property so conveyed, have been paid  in
17    full, and such Commission is hereby authorized to accept such
18    a conveyance.
19        (c)  To  demolish,  repair, alter or improve any building
20    or buildings within the area or areas  and  to  erect  a  new
21    building  or  buildings,  improvement  and  other  facilities
22    within  the area or areas to provide space for the conduct of
23    the  executive,  legislative  and   judicial   functions   of
24    government,  its  various  branches, departments and agencies
25    thereof and to  provide  buildings,  improvements  and  other
26    facilities  for  use by local government in the furnishing of
27    essential governmental, health, safety and  welfare  services
28    to  its  citizens;  to  furnish  and  equip  such building or
29    buildings, improvements and other  facilities,  and  maintain
30    and  operate  them  so  as to effectuate the purposes of this
31    Act.
32        (d)  To pave and improve  streets  within  such  area  or
33    areas,  and  to  construct,  repair  and  install  sidewalks,
34    sewers,  waterpipes  and  other  similar  facilities and site
 
                            -6-            LRB9202962SMdvam02
 1    improvements within such area or areas  and  to  provide  for
 2    adequate  landscaping  essential  to  the preparation of such
 3    site or sites in accordance with the purposes of this Act.
 4        (e)  To make provisions for offstreet parking facilities.
 5        (f)  To operate, maintain, manage and to make  and  enter
 6    into  contracts for the operation, maintenance and management
 7    of such buildings and other facilities and to  provide  rules
 8    and regulations for the operation, maintenance and management
 9    thereof.
10        (g)  To  employ and discharge without regard to any Civil
11    Services Act, engineering, architectural, construction, legal
12    and financial experts and such  other  employees  as  may  be
13    necessary  in  its judgment to carry out the purposes of this
14    Act and to fix compensation for  such  employees,  and  enter
15    into  contracts  for  the  employment of any person, firm, or
16    corporation,  and  for  professional  services  necessary  or
17    desirable for the accomplishment of the objects and  purposes
18    of  the Commission and the proper administration, management,
19    protection and control of its property.
20        (h)  To rent all or any part or parts of  such  building,
21    buildings,  or  other facilities to any municipal corporation
22    that organized or joined in the organization  of  the  Public
23    Building  Commission  or to any branch, department, or agency
24    thereof, or to any branch, department, or agency of the State
25    or Federal government, or to any other state or any agency or
26    political  subdivision  of  another  state  with  which   the
27    Commission has entered into an intergovernmental agreement or
28    contract  under  the Intergovernmental Cooperation Act, or to
29    any municipal  corporation  with  which  the  Commission  has
30    entered into an intergovernmental agreement or contract under
31    the  Intergovernmental  Cooperation  Act,  or  to  any  other
32    municipal corporation, quasi municipal corporation, political
33    subdivision   or  body  politic,  or  agency  thereof,  doing
34    business,  maintaining  an  office,  or  rendering  a  public
 
                            -7-            LRB9202962SMdvam02
 1    service in such county for any period of time, not to  exceed
 2    30 years.
 3        (i)  To  rent such space in such building or buildings as
 4    from time to time may  not  be  needed  by  any  governmental
 5    agency  for such other purposes as the Board of Commissioners
 6    may determine will best serve the comfort and convenience  of
 7    the  occupants  of  such building or buildings, and upon such
 8    terms and in such manner as the Board  of  Commissioners  may
 9    determine.
10        (j)  To  execute  written  leases  evidencing  the rental
11    agreements authorized in  paragraphs  (h)  and  (i)  of  this
12    Section.
13        (k)  To  procure and enter into contracts for any type of
14    insurance or indemnity against loss  or  damage  to  property
15    from  any cause, including loss of use and occupancy, against
16    death or injury of any person, against employer's  liability,
17    against  any  act  of  any member, officer or employee of the
18    Public Building Commission in the performance of  the  duties
19    of  his  office or employment or any other insurable risk, as
20    the  Board  of  Commissioners  in  its  discretion  may  deem
21    necessary.
22        (l)  To accept donations, contributions,  capital  grants
23    or  gifts  from  any individuals, associations, municipal and
24    private corporations and the United States of America, or any
25    agency or instrumentality thereof, for or in aid  of  any  of
26    the  purposes  of  this  Act  and to enter into agreements in
27    connection therewith.
28        (m)  To borrow money from time to time  and  in  evidence
29    thereof  to  issue  and  sell revenue bonds in such amount or
30    amounts as  the  Board  of  Commissioners  may  determine  to
31    provide   funds  for  the  purpose  of  acquiring,  erecting,
32    demolishing,  improving,  altering,   equipping,   repairing,
33    maintaining  and operating buildings and other facilities and
34    to acquire sites necessary and convenient therefor and to pay
 
                            -8-            LRB9202962SMdvam02
 1    all costs  and  expenses  incident  thereto,  including,  but
 2    without  in any way limiting the generality of the foregoing,
 3    architectural,  engineering,  legal  and  financing  expense,
 4    which may include an amount sufficient to meet  the  interest
 5    charges  on  such revenue bonds during such period or periods
 6    as may elapse prior to the time when the project or  projects
 7    may  become  revenue  producing  and for one year in addition
 8    thereto; and to refund and  refinance,  from  time  to  time,
 9    revenue  bonds  so issued and sold, as often as may be deemed
10    to be advantageous by the Board of Commissioners.
11        (n)  To enter into any agreement  or  contract  with  any
12    lessee, who, pursuant to the terms of this Act, is renting or
13    is  about  to  rent  from  the  Commission all or part of any
14    building or  buildings  or  facilities,  whereby  under  such
15    agreement or contract such lessee obligates itself to pay all
16    or part of the cost of maintaining and operating the premises
17    so  leased.  Such agreement may be included as a provision of
18    any lease entered into pursuant to the terms of this  Act  or
19    may  be  made the subject of a separate agreement or contract
20    between the Commission and such lessee.  Notwithstanding  any
21    contrary  provision  of the Property Tax Extension Limitation
22    Law, a lease entered into by a public building commission and
23    a community college district in a county with a population of
24    not less than  300,000  and  not  more  than  400,000  before
25    October   1,   1991,  may  be  amended  to  provide  for  the
26    continuation of an annual payment in an amount  that  is  not
27    greater  than  the  maximum annual payment under the lease on
28    the effective date of this amendatory Act of the 92nd General
29    Assembly.  For the purposes of Section 18 of  this  Act,  the
30    effective  date  of the amendment to the lease is the same as
31    the date of the original execution of that lease.
32    (Source: P.A. 86-325; 86-1215; 87-1208.)"; and

33    on page 25,  immediately  below  line  4,  by  inserting  the
34    following:
 
                            -9-            LRB9202962SMdvam02
 1        "Section  20.   The  Counties Code is amended by changing
 2    Section 5-1062.1 as follows:

 3        (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
 4        Sec. 5-1062.1.  Stormwater management  planning  councils
 5    in Cook County.
 6        (a)  Stormwater  management planning in Cook County shall
 7    be conducted as provided in Section 7h  of  the  Metropolitan
 8    Water  Reclamation  District Act.  References in this Section
 9    to the "District" mean  the  Metropolitan  Water  Reclamation
10    District of Greater Chicago.
11        The  purpose  of  this  Section  is  to  create  planning
12    councils,  organized  by  watershed,  to  contribute  to  the
13    stormwater   management  planning  process  by  advising  the
14    Metropolitan Water Reclamation District  of  Greater  Chicago
15    and  representing  the  needs and interests of the members of
16    the public and the local governments  included  within  their
17    respective watersheds. allow management and mitigation of the
18    effects  of  urbanization  on  stormwater  drainage  in  Cook
19    County,  and   This  Section applies only to Cook County.  In
20    addition, this Section is intended to improve stormwater  and
21    floodplain management in Cook County by the following:
22             (1)  Setting  minimum  standards  for floodplain and
23        stormwater management.
24             (2)  Preparing   plans   for   the   management   of
25        floodplains  and   stormwater   runoff,   including   the
26        management of natural and man-made drainage ways.
27        (b)  The purpose of this Section shall be achieved by the
28    following:
29        (1)  Creating  6  Stormwater management planning councils
30    shall be formed for each of the following  according  to  the
31    established  watersheds  of  the  Chicago  Metropolitan Area:
32    North Branch Chicago River, Lower  Des  Plaines  Tributaries,
33    Cal-Sag  Channel,  Little  Calumet  River,  Poplar Creek, and
 
                            -10-           LRB9202962SMdvam02
 1    Upper Salt  Creek.   In  addition,  a  stormwater  management
 2    planning  council shall be established for the combined sewer
 3    areas of  Cook  County.    Additional  stormwater  management
 4    planning  councils  may  be formed by the District Stormwater
 5    Management Planning Committee  for  other  watersheds  within
 6    Cook County.
 7        Membership on the watershed councils shall consist of the
 8    chief  elected  official,  or  his or her designee, from each
 9    municipality and township within the watershed and  the  Cook
10    County   Board   President,   or  his  or  her  designee,  if
11    unincorporated  area  is  included  in  the   watershed.    A
12    municipality  or  township shall be a member of more than one
13    watershed  council  if  the  corporate  boundaries  of   that
14    municipality,  or  township extend entered into more than one
15    watershed, or if the municipality or township  is  served  in
16    part by separate sewers and combined sewers.
17        Subcommittees   of  the  stormwater  management  planning
18    councils  may  be  established  to  assist   the   stormwater
19    management  planning  councils  in  performing  their  duties
20    preparing and implementing a stormwater management plan.  The
21    councils  may  adopt  bylaws to govern the functioning of the
22    stormwater management councils and subcommittees.
23        (2)  Creating,   by   intergovernmental   agreement,    a
24    county-wide Stormwater Management Planning Committee with its
25    membership   consisting  of  the  Chairman  of  each  of  the
26    watershed  management  councils,  the   Cook   County   Board
27    President  or  his  designee,  and  the Northeastern Illinois
28    Planning Commission President or his designee.
29        (c) (3)  The principal duties of the  watershed  planning
30    councils  shall  be to advise the District on the development
31    and implementation of the  countywide  develop  a  stormwater
32    management  plan  with  respect  to matters relating to their
33    respective  watersheds  and  to  advise  and  represent   the
34    concerns  of for the watershed area and to recommend the plan
 
                            -11-           LRB9202962SMdvam02
 1    for  adoption  to  the  units  of  local  government  in  the
 2    watershed area.  The councils shall meet at  least  quarterly
 3    and  shall  hold  at  least  one  public  hearing  during the
 4    preparation of the plan.   Adoption  of  the  watershed  plan
 5    shall be by each municipality in the watershed and by vote of
 6    the County Board.
 7        (d)  (4)  The  District principal duty of the county-wide
 8    Stormwater Management Planning Committee shall  give  careful
 9    consideration  to  the  recommendations  and  concerns of the
10    watershed planning councils throughout the planning  process.
11    be  to  coordinate  the 6 watershed plans as developed and to
12    coordinate the planning process with the  adjoining  counties
13    to  ensure  that recommended stormwater projects will have no
14    significant  adverse  impact  on  the  levels  or  flows   of
15    stormwater  in  the inter-county watershed or on the capacity
16    of existing and planned stormwater retention facilities.  The
17    District Committee shall  identify  in  an  annual  published
18    report  steps  taken  by  the  District  to  accommodate  the
19    concerns   and  recommendations  of  the  watershed  planning
20    councils. Committee to coordinate  the  development  of  plan
21    recommendations with adjoining counties.  The Committee shall
22    also   publish  a  coordinated  stormwater  document  of  all
23    activity in the Cook County area and agreed  upon  stormwater
24    planning standards.
25        (5)  The  stormwater  management planning committee shall
26    submit the coordinated watershed plans to the Office of Water
27    Resources of the Department of Natural Resources and  to  the
28    Northeastern  Illinois  Planning  Commission  for  review and
29    recommendation.  The Office and the Commission, in  reviewing
30    the plan, shall consider those factors as impact on the level
31    or flows in the rivers and streams and the cumulative effects
32    of   stormwater  discharges  on  flood  levels.   The  review
33    comments  and  recommendations  shall  be  submitted  to  the
34    watershed councils for consideration.
 
                            -12-           LRB9202962SMdvam02
 1        (e)  (6)  The  stormwater  management  planning  councils
 2    committee may recommend rules and regulations to the District
 3    watershed councils governing the location, width, course, and
 4    release rates of all stormwater runoff channels, streams, and
 5    basins in their respective watersheds the county.
 6        (f) (7)  The Northwest Municipal  Conference,  the  South
 7    Suburban  Mayors  and  Managers  Association,  and  the  West
 8    Central  Municipal  Conference  shall  be responsible for the
 9    coordination of the  planning  councils  created  under  this
10    Section.
11    (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)

12        Section  25.  The Metropolitan Water Reclamation District
13    Act is amended by adding Section 7h as follows:

14        (70 ILCS 2605/7h new)
15        Sec. 7h. Stormwater management.
16        (a)  Stormwater management in Cook County shall be  under
17    the general supervision of the Metropolitan Water Reclamation
18    District  of Greater Chicago.  The District has the authority
19    to plan, manage, implement, and finance  activities  relating
20    to  stormwater  management  in Cook County.  The authority of
21    the District with respect to  stormwater  management  extends
22    throughout  Cook  County  and  is  not  limited  to  the area
23    otherwise  within  the  territory  and  jurisdiction  of  the
24    District under this Act.
25        For the purposes of this Section,  the  term  "stormwater
26    management"  includes,  without limitation, the management of
27    floods and floodwaters.
28        (b)  The  District   may   utilize   the   resources   of
29    cooperating   local   watershed   councils   (including   the
30    stormwater management planning councils created under Section
31    5-1062.1   of   the   Counties   Code),   councils  of  local
32    governments, the Northeastern Illinois  Planning  Commission,
 
                            -13-           LRB9202962SMdvam02
 1    and  similar  organizations  and  agencies.  The District may
 2    provide those organizations and agencies with funding,  on  a
 3    contractual basis, for providing information to the District,
 4    providing  information  to  the  public,  or performing other
 5    activities related to stormwater management.
 6        The District may enter into agreements  with  responsible
 7    agencies   in   adjoining   counties   for   the  purpose  of
 8    accommodating planning activities on a watershed basis.
 9        The District may enter into intergovernmental  agreements
10    with  Cook County or other units of local government that are
11    located in whole or in part  outside  the  District  for  the
12    purpose  of  implementing  the stormwater management plan and
13    providing  stormwater  management  services  in   areas   not
14    included within the territory of the District.
15        (c)  The  District shall prepare and adopt by ordinance a
16    countywide stormwater management plan for Cook  County.   The
17    countywide   plan   may  incorporate  one  or  more  separate
18    watershed plans.
19        Prior to adopting the  countywide  stormwater  management
20    plan,  the  District  shall  hold at least one public hearing
21    thereon and shall afford interested persons an opportunity to
22    be heard.
23        (d)  The District may prescribe by  ordinance  reasonable
24    rules   and   regulations   for   floodplain  and  stormwater
25    management and for governing the location, width, course, and
26    release rate of all stormwater runoff channels, streams,  and
27    basins  in  Cook  County,  in  accordance  with  the  adopted
28    stormwater  management  plan.   These  rules  and regulations
29    shall, at  a  minimum,  meet  the  standards  for  floodplain
30    management  established  by  the Office of Water Resources of
31    the Department of Natural Resources and the  requirements  of
32    the  Federal Emergency Management Agency for participation in
33    the National Flood Insurance Program.
34        (e)  The District may impose fees on  areas  outside  the
 
                            -14-           LRB9202962SMdvam02
 1    District  but  within  Cook County to mitigate the effects of
 2    increased stormwater runoff resulting from  new  development.
 3    The  fees  shall not exceed the cost of satisfying the onsite
 4    stormwater retention or detention requirements of the adopted
 5    stormwater management  plan.   The  fees  shall  be  used  to
 6    finance  activities  undertaken  by  the District or units of
 7    local government within the District to mitigate the  effects
 8    of  urban  stormwater runoff by providing regional stormwater
 9    retention or detention facilities, as identified in the plan.
10    All such fees collected by the District shall be  held  in  a
11    separate fund.
12        (f)  Amounts  realized  from  the tax levy for stormwater
13    management purposes authorized in Section 12 may be  used  by
14    the  District  for  implementing  this  Section  and  for the
15    development, design, planning, construction,  operation,  and
16    maintenance of regional stormwater facilities provided for in
17    the stormwater management plan.
18        The  proceeds  of  any  tax  imposed under Section 12 for
19    stormwater management purposes and any revenues generated  as
20    a  result of the ownership or operation of facilities or land
21    acquired with the proceeds of taxes imposed under Section  12
22    for  stormwater  management  purposes  shall  be  held  in  a
23    separate  fund  and used either for implementing this Section
24    or to abate those taxes.
25        (g)  The  District  may  plan,  implement,  finance,  and
26    operate regional stormwater management projects in accordance
27    with the adopted countywide stormwater management plan.
28        The District shall provide for public review and  comment
29    on  proposed  stormwater  management  projects.  The District
30    shall conform to State and  federal  requirements  concerning
31    public    information,    environmental    assessments,   and
32    environmental impacts for projects receiving State or federal
33    funds.
34        The District may issue bonds under Section 9.6a  of  this
 
                            -15-           LRB9202962SMdvam02
 1    Act   for   the  purpose  of  funding  stormwater  management
 2    projects.
 3        The District shall not use Cook  County  Forest  Preserve
 4    District  land  for  stormwater  or  flood  control  projects
 5    without the consent of the Forest Preserve District.
 6        (h)  Upon  the  creation  and  implementation of a county
 7    stormwater management plan, the  District  may  petition  the
 8    circuit  court  to  dissolve  any  or  all drainage districts
 9    created pursuant to the Illinois Drainage Code or predecessor
10    Acts that are located entirely within the District.
11        However, any active drainage district implementing a plan
12    that is consistent with and at  least  as  stringent  as  the
13    county  stormwater  management plan may petition the District
14    for exception from dissolution.  Upon filing of the petition,
15    the District shall set a date for hearing  not  less  than  2
16    weeks,  nor  more  than 4 weeks, from the filing thereof, and
17    the District shall give at least one  week's  notice  of  the
18    hearing  in  one  or  more  newspapers of general circulation
19    within the drainage district, and in addition shall  cause  a
20    copy  of  the notice to be personally served upon each of the
21    trustees of the  drainage  district.   At  the  hearing,  the
22    District  shall  hear  the  drainage  district's petition and
23    allow the  drainage  district  trustees  and  any  interested
24    parties  an opportunity to present oral and written evidence.
25    The District shall render its decision upon the petition  for
26    exception  from  dissolution based upon the best interests of
27    the residents of the drainage district.  In  the  event  that
28    the  exception is not allowed, the drainage district may file
29    a petition with the circuit  court  within  30  days  of  the
30    decision.   In that case, the notice and hearing requirements
31    for  the  court  shall  be  the  same  as  provided  in  this
32    subsection for the petition to the District.  The court shall
33    render its decision of whether to dissolve the district based
34    upon the best interests of  the  residents  of  the  drainage
 
                            -16-           LRB9202962SMdvam02
 1    district.
 2        The  dissolution  of a drainage district shall not affect
 3    the obligation of any bonds issued or contracts entered  into
 4    by  the drainage district nor invalidate the levy, extension,
 5    or collection of any taxes or special  assessments  upon  the
 6    property  in  the former drainage district.  All property and
 7    obligations of the former drainage district shall be  assumed
 8    and  managed  by  the  District,  and the debts of the former
 9    drainage district shall be discharged as soon as practicable.
10        If a  drainage  district  lies  only  partly  within  the
11    District,  the  District  may  petition  the circuit court to
12    disconnect from the drainage district  that  portion  of  the
13    drainage   district  that  lies  within  the  District.   The
14    property of the drainage  district  within  the  disconnected
15    area  shall  be  assumed  and  managed  by the District.  The
16    District  shall  also  assume  a  portion  of  the   drainage
17    district's  debt  at  the time of disconnection, based on the
18    portion of the value of the taxable property of the  drainage
19    district which is located within the area being disconnected.
20        A  drainage  district that continues to exist within Cook
21    County  shall  conform  its  operations  to  the   countywide
22    stormwater management plan.
23        (i)  The   District   may   assume   responsibility   for
24    maintaining any stream within Cook County.
25        (j)  The  District  may,  after 10 days written notice to
26    the owner or occupant, enter upon any lands or waters  within
27    the   county   for   the  purpose  of  inspecting  stormwater
28    facilities or causing the removal of any  obstruction  to  an
29    affected  watercourse.  The District shall be responsible for
30    any damages occasioned thereby.
31        (k)  The District shall report to the public annually  on
32    its  activities  and  expenditures under this Section and the
33    adopted countywide stormwater management plan.
34        (l)  The  powers  granted  to  the  District  under  this
 
                            -17-           LRB9202962SMdvam02
 1    Section are in addition to the  other  powers  granted  under
 2    this  Act.   This  Section  does  not limit the powers of the
 3    District under any other provision of this Act or  any  other
 4    law.
 5        (m)  This  Section  does  not affect the power or duty of
 6    any unit of local government  to  take  actions  relating  to
 7    flooding or stormwater, so long as those actions conform with
 8    this  Section and the plans, rules, and ordinances adopted by
 9    the District under this Section.
10        A home rule unit located in whole  or  in  part  in  Cook
11    County  may not regulate stormwater management or planning in
12    Cook County in a manner inconsistent with this Section or the
13    plans, rules, and ordinances adopted by  the  District  under
14    this  Section.   Pursuant  to  paragraph  (i) of Section 6 of
15    Article  VII  of  the  Illinois  Constitution,  this  Section
16    specifically denies and limits the exercise of any power that
17    is inconsistent with this Section by a home rule unit that is
18    a county with  a  population  of  1,500,000  or  more  or  is
19    located, in whole or in part, within such a county.

20        (70 ILCS 2605/12) (from Ch. 42, par. 332)
21        Sec.  12.   The  board of commissioners annually may levy
22    taxes  for  corporate  purposes  upon  property  within   the
23    territorial  limits  of such sanitary district, the aggregate
24    amount of which, exclusive of the amount levied for  (a)  the
25    payment  of  bonded  indebtedness  and the interest on bonded
26    indebtedness (b) employees' annuity and benefit purposes  (c)
27    construction   purposes,   and   (d)   for   the  purpose  of
28    establishing and maintaining a reserve fund for  the  payment
29    of  claims,  awards,  losses,  judgments or liabilities which
30    might be imposed on such sanitary district under the Workers'
31    Compensation Act or the Workers' Occupational  Diseases  Act,
32    and  any  claim  in  tort,  including but not limited to, any
33    claim imposed upon such sanitary  district  under  the  Local
 
                            -18-           LRB9202962SMdvam02
 1    Governmental  and  Governmental  Employees Tort Immunity Act,
 2    and for the repair or replacement of any  property  owned  by
 3    such  sanitary  district  which  is  damaged  by fire, flood,
 4    explosion, vandalism or any other peril, natural or  manmade,
 5    shall  not  exceed  the sum produced by extending the rate of
 6    .46% for each of the years year  1979  through  2001  and  by
 7    extending  the  rate of 0.41% for the year 2002 and each year
 8    thereafter,  upon  the  assessed  valuation  of  all  taxable
 9    property  within  the  sanitary  district  as  equalized  and
10    determined for State and local taxes.
11        In  addition,  for  stormwater  management  purposes   as
12    provided  in  subsection  (f)  of  Section  7h,  the board of
13    commissioners may levy taxes for the year 2002 and each  year
14    thereafter  at  a  rate  not  to exceed 0.05% of the assessed
15    valuation of all taxable  property  within  the  district  as
16    equalized and determined for State and local taxes.
17        And  In  addition  thereto,  for construction purposes as
18    defined  in  Section  5.2  of  this   Act,   the   board   of
19    commissioners  may levy taxes for the year 1985 and each year
20    thereafter which shall be at a rate not to exceed .10% of the
21    assessed  valuation  of  all  taxable  property  within   the
22    sanitary  district  as equalized and determined for State and
23    local taxes.  Amounts  realized  from  taxes  so  levied  for
24    construction  purposes  shall  be  limited  for  use  to such
25    purposes and shall not be available for appropriation or used
26    to defray the cost of repairs to or expense of maintaining or
27    operating   existing   or   future   facilities,   but   such
28    restrictions,  however,  shall  not   apply   to   additions,
29    alterations,  enlargements,  and  replacements which will add
30    appreciably to the value, utility, or the useful life of said
31    facilities.
32        Such  rates  shall  be  extended  against  the   assessed
33    valuation of the taxable property within the corporate limits
34    as  the  same  shall be assessed and equalized for the county
 
                            -19-           LRB9202962SMdvam02
 1    taxes for the year in which  the levy is made and said  board
 2    shall  cause the amount to be raised by taxation in each year
 3    to be  certified  to  the  county  clerk  on  or  before  the
 4    thirtieth day of March; provided, however, that if during the
 5    budget  year  the  General Assembly authorizes an increase in
 6    such  rates,  the  board  of  commissioners   may   adopt   a
 7    supplemental  levy  and  shall make such certification to the
 8    County Clerk on or before the thirtieth day of December.
 9        For the purpose of establishing and maintaining a reserve
10    fund for the payment of claims, awards, losses, judgments  or
11    liabilities  which might be imposed on such sanitary district
12    under  the  Workers'  Compensation  Act   or   the   Workers'
13    Occupational  Diseases  Act, and any claim in tort, including
14    but not limited to, any  claim  imposed  upon  such  sanitary
15    district   under  the  Local  Governmental  and  Governmental
16    Employees  Tort  Immunity  Act,  and  for   the   repair   or
17    replacement,  where  the  cost  thereof  exceeds  the  sum of
18    $10,000, of any property  owned  by  such  sanitary  district
19    which  is damaged by fire, flood, explosion, vandalism or any
20    other peril, natural or man-made, such sanitary district  may
21    also  levy  annually  upon  all  taxable  property within its
22    territorial limits a tax not to exceed .005% of the  assessed
23    valuation   of   said   taxable  property  as  equalized  and
24    determined for State and local taxes; provided, however,  the
25    aggregate  amount  which  may  be accumulated in such reserve
26    fund shall not exceed .05% of such assessed valuation.
27        All taxes so levied and certified shall be collected  and
28    enforced in the same manner and by the same officers as State
29    and  county  taxes,  and  shall  be  paid over by the officer
30    collecting  the  same  to  the  treasurer  of  the   sanitary
31    district,  in  the  manner  and  at  the time provided by the
32    general revenue law. No part of the taxes  hereby  authorized
33    shall  be used by such sanitary district for the construction
34    of permanent, fixed, immovable  bridges  across  any  channel
 
                            -20-           LRB9202962SMdvam02
 1    constructed  under  the  provisions  of this Act. All bridges
 2    built across such channel  shall  not  necessarily  interfere
 3    with  or  obstruct  the  navigation of such channel, when the
 4    same becomes a navigable stream, as provided in Section 24 of
 5    this Act, but such bridges shall be so constructed that  they
 6    can  be  raised,  swung  or  moved out of the way of vessels,
 7    tugs, boats or other water  craft  navigating  such  channel.
 8    Nothing  in  this Act shall be so construed as to compel said
 9    district to maintain or  operate  said  bridges,  as  movable
10    bridges, for a period of 9 years from and after the time when
11    the  water has been turned into said channel pursuant to law,
12    unless the needs of general navigation of the Des Plaines and
13    Illinois Rivers,  when  connected  by  said  channel,  sooner
14    require  it.  In levying taxes the board of commissioners, in
15    order to produce the net amount required by  the  levies  for
16    payment  of  bonds  and  interest  thereon,  shall include an
17    amount or rate estimated to be sufficient to cover losses  in
18    collection of taxes, the cost of collecting taxes, abatements
19    in  the  amount  of such taxes as extended on the collector's
20    books and the amount of such taxes collection of  which  will
21    be deferred; the amount so added for the purpose of producing
22    the  net  amount  required  shall  not  exceed any applicable
23    maximum tax rate or amount.
24    (Source: P.A. 84-630.)".

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