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92_SB0253 LRB9205184EGfg 1 AN ACT in relation to stormwater management. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Property Tax Code is amended by changing 5 Section 18-185 as follows: 6 (35 ILCS 200/18-185) 7 Sec. 18-185. Short title; definitions. This Division 5 8 may be cited as the Property Tax Extension Limitation Law. 9 As used in this Division 5: 10 "Consumer Price Index" means the Consumer Price Index for 11 All Urban Consumers for all items published by the United 12 States Department of Labor. 13 "Extension limitation" means (a) the lesser of 5% or the 14 percentage increase in the Consumer Price Index during the 15 12-month calendar year preceding the levy year or (b) the 16 rate of increase approved by voters under Section 18-205. 17 "Affected county" means a county of 3,000,000 or more 18 inhabitants or a county contiguous to a county of 3,000,000 19 or more inhabitants. 20 "Taxing district" has the same meaning provided in 21 Section 1-150, except as otherwise provided in this Section. 22 For the 1991 through 1994 levy years only, "taxing district" 23 includes only each non-home rule taxing district having the 24 majority of its 1990 equalized assessed value within any 25 county or counties contiguous to a county with 3,000,000 or 26 more inhabitants. Beginning with the 1995 levy year, "taxing 27 district" includes only each non-home rule taxing district 28 subject to this Law before the 1995 levy year and each 29 non-home rule taxing district not subject to this Law before 30 the 1995 levy year having the majority of its 1994 equalized 31 assessed value in an affected county or counties. Beginning -2- LRB9205184EGfg 1 with the levy year in which this Law becomes applicable to a 2 taxing district as provided in Section 18-213, "taxing 3 district" also includes those taxing districts made subject 4 to this Law as provided in Section 18-213. 5 "Aggregate extension" for taxing districts to which this 6 Law applied before the 1995 levy year means the annual 7 corporate extension for the taxing district and those special 8 purpose extensions that are made annually for the taxing 9 district, excluding special purpose extensions: (a) made for 10 the taxing district to pay interest or principal on general 11 obligation bonds that were approved by referendum; (b) made 12 for any taxing district to pay interest or principal on 13 general obligation bonds issued before October 1, 1991; (c) 14 made for any taxing district to pay interest or principal on 15 bonds issued to refund or continue to refund those bonds 16 issued before October 1, 1991; (d) made for any taxing 17 district to pay interest or principal on bonds issued to 18 refund or continue to refund bonds issued after October 1, 19 1991 that were approved by referendum; (e) made for any 20 taxing district to pay interest or principal on revenue bonds 21 issued before October 1, 1991 for payment of which a property 22 tax levy or the full faith and credit of the unit of local 23 government is pledged; however, a tax for the payment of 24 interest or principal on those bonds shall be made only after 25 the governing body of the unit of local government finds that 26 all other sources for payment are insufficient to make those 27 payments; (f) made for payments under a building commission 28 lease when the lease payments are for the retirement of bonds 29 issued by the commission before October 1, 1991, to pay for 30 the building project; (g) made for payments due under 31 installment contracts entered into before October 1, 1991; 32 (h) made for payments of principal and interest on bonds 33 issued under the Metropolitan Water Reclamation District Act 34 to finance construction projects initiated before October 1, -3- LRB9205184EGfg 1 1991; (i) made for payments of principal and interest on 2 limited bonds, as defined in Section 3 of the Local 3 Government Debt Reform Act, in an amount not to exceed the 4 debt service extension base less the amount in items (b), 5 (c), (e), and (h) of this definition for non-referendum 6 obligations, except obligations initially issued pursuant to 7 referendum; (j) made for payments of principal and interest 8 on bonds issued under Section 15 of the Local Government Debt 9 Reform Act; and (k) made by a school district that 10 participates in the Special Education District of Lake 11 County, created by special education joint agreement under 12 Section 10-22.31 of the School Code, for payment of the 13 school district's share of the amounts required to be 14 contributed by the Special Education District of Lake County 15 to the Illinois Municipal Retirement Fund under Article 7 of 16 the Illinois Pension Code; the amount of any extension under 17 this item (k) shall be certified by the school district to 18 the county clerk. 19 "Aggregate extension" for the taxing districts to which 20 this Law did not apply before the 1995 levy year (except 21 taxing districts subject to this Law in accordance with 22 Section 18-213) means the annual corporate extension for the 23 taxing district and those special purpose extensions that are 24 made annually for the taxing district, excluding special 25 purpose extensions: (a) made for the taxing district to pay 26 interest or principal on general obligation bonds that were 27 approved by referendum; (b) made for any taxing district to 28 pay interest or principal on general obligation bonds issued 29 before March 1, 1995; (c) made for any taxing district to pay 30 interest or principal on bonds issued to refund or continue 31 to refund those bonds issued before March 1, 1995; (d) made 32 for any taxing district to pay interest or principal on bonds 33 issued to refund or continue to refund bonds issued after 34 March 1, 1995 that were approved by referendum; (e) made for -4- LRB9205184EGfg 1 any taxing district to pay interest or principal on revenue 2 bonds issued before March 1, 1995 for payment of which a 3 property tax levy or the full faith and credit of the unit of 4 local government is pledged; however, a tax for the payment 5 of interest or principal on those bonds shall be made only 6 after the governing body of the unit of local government 7 finds that all other sources for payment are insufficient to 8 make those payments; (f) made for payments under a building 9 commission lease when the lease payments are for the 10 retirement of bonds issued by the commission before March 1, 11 1995 to pay for the building project; (g) made for payments 12 due under installment contracts entered into before March 1, 13 1995; (h) made for payments of principal and interest on 14 bonds issued under the Metropolitan Water Reclamation 15 District Act to finance construction projects initiated 16 before October 1, 1991; (h-5) made for stormwater management 17 purposes by the Metropolitan Water Reclamation District of 18 Greater Chicago under Section 12 of the Metropolitan Water 19 Reclamation District Act; (i) 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 and bonds described in subsection (h) of this 26 definition; (j) made for payments of principal and interest 27 on bonds issued under Section 15 of the Local Government Debt 28 Reform Act; (k) made for payments of principal and interest 29 on bonds authorized by Public Act 88-503 and issued under 30 Section 20a of the Chicago Park District Act for aquarium or 31 museum projects; and (l) made for payments of principal and 32 interest on bonds authorized by Public Act 87-1191 and issued 33 under Section 42 of the Cook County Forest Preserve District 34 Act for zoological park projects. -5- LRB9205184EGfg 1 "Aggregate extension" for all taxing districts to which 2 this Law applies in accordance with Section 18-213, except 3 for those taxing districts subject to paragraph (2) of 4 subsection (e) of Section 18-213, means the annual corporate 5 extension for the taxing district and those special purpose 6 extensions that are made annually for the taxing district, 7 excluding special purpose extensions: (a) made for the taxing 8 district to pay interest or principal on general obligation 9 bonds that were approved by referendum; (b) made for any 10 taxing district to pay interest or principal on general 11 obligation bonds issued before the date on which the 12 referendum making this Law applicable to the taxing district 13 is held; (c) made for any taxing district to pay interest or 14 principal on bonds issued to refund or continue to refund 15 those bonds issued before the date on which the referendum 16 making this Law applicable to the taxing district is held; 17 (d) made for any taxing district to pay interest or principal 18 on bonds issued to refund or continue to refund bonds issued 19 after the date on which the referendum making this Law 20 applicable to the taxing district is held if the bonds were 21 approved by referendum after the date on which the referendum 22 making this Law applicable to the taxing district is held; 23 (e) made for any taxing district to pay interest or principal 24 on revenue bonds issued before the date on which the 25 referendum making this Law applicable to the taxing district 26 is held for payment of which a property tax levy or the full 27 faith and credit of the unit of local government is pledged; 28 however, a tax for the payment of interest or principal on 29 those bonds shall be made only after the governing body of 30 the unit of local government finds that all other sources for 31 payment are insufficient to make those payments; (f) made for 32 payments under a building commission lease when the lease 33 payments are for the retirement of bonds issued by the 34 commission before the date on which the referendum making -6- LRB9205184EGfg 1 this Law applicable to the taxing district is held to pay for 2 the building project; (g) made for payments due under 3 installment contracts entered into before the date on which 4 the referendum making this Law applicable to the taxing 5 district is held; (h) made for payments of principal and 6 interest on limited bonds, as defined in Section 3 of the 7 Local Government Debt Reform Act, in an amount not to exceed 8 the debt service extension base less the amount in items (b), 9 (c), and (e) of this definition for non-referendum 10 obligations, except obligations initially issued pursuant to 11 referendum; (i) made for payments of principal and interest 12 on bonds issued under Section 15 of the Local Government Debt 13 Reform Act; and (j) made for a qualified airport authority to 14 pay interest or principal on general obligation bonds issued 15 for the purpose of paying obligations due under, or financing 16 airport facilities required to be acquired, constructed, 17 installed or equipped pursuant to, contracts entered into 18 before March 1, 1996 (but not including any amendments to 19 such a contract taking effect on or after that date). 20 "Aggregate extension" for all taxing districts to which 21 this Law applies in accordance with paragraph (2) of 22 subsection (e) of Section 18-213 means the annual corporate 23 extension for the taxing district and those special purpose 24 extensions that are made annually for the taxing district, 25 excluding special purpose extensions: (a) made for the taxing 26 district to pay interest or principal on general obligation 27 bonds that were approved by referendum; (b) made for any 28 taxing district to pay interest or principal on general 29 obligation bonds issued before the effective date of this 30 amendatory Act of 1997; (c) made for any taxing district to 31 pay interest or principal on bonds issued to refund or 32 continue to refund those bonds issued before the effective 33 date of this amendatory Act of 1997; (d) made for any taxing 34 district to pay interest or principal on bonds issued to -7- LRB9205184EGfg 1 refund or continue to refund bonds issued after the effective 2 date of this amendatory Act of 1997 if the bonds were 3 approved by referendum after the effective date of this 4 amendatory Act of 1997; (e) made for any taxing district to 5 pay interest or principal on revenue bonds issued before the 6 effective date of this amendatory Act of 1997 for payment of 7 which a property tax levy or the full faith and credit of the 8 unit of local government is pledged; however, a tax for the 9 payment of interest or principal on those bonds shall be made 10 only 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 the 15 effective date of this amendatory Act of 1997 to pay for the 16 building project; (g) made for payments due under installment 17 contracts entered into before the effective date of this 18 amendatory Act of 1997; (h) made for payments of principal 19 and interest on limited bonds, as defined in Section 3 of the 20 Local Government Debt Reform Act, in an amount not to exceed 21 the debt service extension base less the amount in items (b), 22 (c), and (e) of this definition for non-referendum 23 obligations, except obligations initially issued pursuant to 24 referendum; (i) made for payments of principal and interest 25 on bonds issued under Section 15 of the Local Government Debt 26 Reform Act; and (j) made for a qualified airport authority to 27 pay interest or principal on general obligation bonds issued 28 for the purpose of paying obligations due under, or financing 29 airport facilities required to be acquired, constructed, 30 installed or equipped pursuant to, contracts entered into 31 before March 1, 1996 (but not including any amendments to 32 such a contract taking effect on or after that date). 33 "Debt service extension base" means an amount equal to 34 that portion of the extension for a taxing district for the -8- LRB9205184EGfg 1 1994 levy year, or for those taxing districts subject to this 2 Law in accordance with Section 18-213, except for those 3 subject to paragraph (2) of subsection (e) of Section 18-213, 4 for the levy year in which the referendum making this Law 5 applicable to the taxing district is held, or for those 6 taxing districts subject to this Law in accordance with 7 paragraph (2) of subsection (e) of Section 18-213 for the 8 1996 levy year, constituting an extension for payment of 9 principal and interest on bonds issued by the taxing district 10 without referendum, but not including (i) bonds authorized by 11 Public Act 88-503 and issued under Section 20a of the Chicago 12 Park District Act for aquarium and museum projects; (ii) 13 bonds issued under Section 15 of the Local Government Debt 14 Reform Act; or (iii) refunding obligations issued to refund 15 or to continue to refund obligations initially issued 16 pursuant to referendum. The debt service extension base may 17 be established or increased as provided under Section 18-212. 18 "Special purpose extensions" include, but are not limited 19 to, extensions for levies made on an annual basis for 20 unemployment and workers' compensation, self-insurance, 21 contributions to pension plans, and extensions made pursuant 22 to Section 6-601 of the Illinois Highway Code for a road 23 district's permanent road fund whether levied annually or 24 not. The extension for a special service area is not 25 included in the aggregate extension. 26 "Aggregate extension base" means the taxing district's 27 last preceding aggregate extension as adjusted under Sections 28 18-215 through 18-230. 29 "Levy year" has the same meaning as "year" under Section 30 1-155. 31 "New property" means (i) the assessed value, after final 32 board of review or board of appeals action, of new 33 improvements or additions to existing improvements on any 34 parcel of real property that increase the assessed value of -9- LRB9205184EGfg 1 that real property during the levy year multiplied by the 2 equalization factor issued by the Department under Section 3 17-30 and (ii) the assessed value, after final board of 4 review or board of appeals action, of real property not 5 exempt from real estate taxation, which real property was 6 exempt from real estate taxation for any portion of the 7 immediately preceding levy year, multiplied by the 8 equalization factor issued by the Department under Section 9 17-30. In addition, the county clerk in a county containing 10 a population of 3,000,000 or more shall include in the 1997 11 recovered tax increment value for any school district, any 12 recovered tax increment value that was applicable to the 1995 13 tax year calculations. 14 "Qualified airport authority" means an airport authority 15 organized under the Airport Authorities Act and located in a 16 county bordering on the State of Wisconsin and having a 17 population in excess of 200,000 and not greater than 500,000. 18 "Recovered tax increment value" means, except as 19 otherwise provided in this paragraph, the amount of the 20 current year's equalized assessed value, in the first year 21 after a municipality terminates the designation of an area as 22 a redevelopment project area previously established under the 23 Tax Increment Allocation Development Act in the Illinois 24 Municipal Code, previously established under the Industrial 25 Jobs Recovery Law in the Illinois Municipal Code, or 26 previously established under the Economic Development Area 27 Tax Increment Allocation Act, of each taxable lot, block, 28 tract, or parcel of real property in the redevelopment 29 project area over and above the initial equalized assessed 30 value of each property in the redevelopment project area. 31 For the taxes which are extended for the 1997 levy year, the 32 recovered tax increment value for a non-home rule taxing 33 district that first became subject to this Law for the 1995 34 levy year because a majority of its 1994 equalized assessed -10- LRB9205184EGfg 1 value was in an affected county or counties shall be 2 increased if a municipality terminated the designation of an 3 area in 1993 as a redevelopment project area previously 4 established under the Tax Increment Allocation Development 5 Act in the Illinois Municipal Code, previously established 6 under the Industrial Jobs Recovery Law in the Illinois 7 Municipal Code, or previously established under the Economic 8 Development Area Tax Increment Allocation Act, by an amount 9 equal to the 1994 equalized assessed value of each taxable 10 lot, block, tract, or parcel of real property in the 11 redevelopment project area over and above the initial 12 equalized assessed value of each property in the 13 redevelopment project area. In the first year after a 14 municipality removes a taxable lot, block, tract, or parcel 15 of real property from a redevelopment project area 16 established under the Tax Increment Allocation Development 17 Act in the Illinois Municipal Code, the Industrial Jobs 18 Recovery Law in the Illinois Municipal Code, or the Economic 19 Development Area Tax Increment Allocation Act, "recovered tax 20 increment value" means the amount of the current year's 21 equalized assessed value of each taxable lot, block, tract, 22 or parcel of real property removed from the redevelopment 23 project area over and above the initial equalized assessed 24 value of that real property before removal from the 25 redevelopment project area. 26 Except as otherwise provided in this Section, "limiting 27 rate" means a fraction the numerator of which is the last 28 preceding aggregate extension base times an amount equal to 29 one plus the extension limitation defined in this Section and 30 the denominator of which is the current year's equalized 31 assessed value of all real property in the territory under 32 the jurisdiction of the taxing district during the prior levy 33 year. For those taxing districts that reduced their 34 aggregate extension for the last preceding levy year, the -11- LRB9205184EGfg 1 highest aggregate extension in any of the last 3 preceding 2 levy years shall be used for the purpose of computing the 3 limiting rate. The denominator shall not include new 4 property. The denominator shall not include the recovered 5 tax increment value. 6 (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 7 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 8 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) 9 Section 10. The Counties Code is amended by changing 10 Section 5-1062.1 as follows: 11 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1) 12 Sec. 5-1062.1. Stormwater management planning councils 13 in Cook County. 14 (a) Stormwater management planning in Cook County shall 15 be conducted as provided in Section 7h of the Metropolitan 16 Water Reclamation District Act. References in this Section 17 to the "District" mean the Metropolitan Water Reclamation 18 District of Greater Chicago. 19 The purpose of this Section is to create planning 20 councils, organized by watershed, to contribute to the 21 stormwater management planning process by advising the 22 Metropolitan Water Reclamation District of Greater Chicago 23 and representing the needs and interests of the members of 24 the public and the local governments included within their 25 respective watersheds.allow management and mitigation of the26effects of urbanization on stormwater drainage in Cook27County, andThis Section applies only to Cook County.In28addition, this Section is intended to improve stormwater and29floodplain management in Cook County by the following:30(1) Setting minimum standards for floodplain and31stormwater management.32(2) Preparing plans for the management of-12- LRB9205184EGfg 1floodplains and stormwater runoff, including the2management of natural and man-made drainage ways.3 (b)The purpose of this Section shall be achieved by the4following:5(1) Creating 6Stormwater management planning councils 6 shall be formed for each of the followingaccording to the7 established watersheds of the Chicago Metropolitan Area: 8 North Branch Chicago River, Lower Des Plaines Tributaries, 9 Cal-Sag Channel, Little Calumet River, Poplar Creek, and 10 Upper Salt Creek. In addition, a stormwater management 11 planning council shall be established for the combined sewer 12 areas of Cook County. Additional stormwater management 13 planning councils may be formed by the DistrictStormwater14Management Planning Committeefor other watersheds within 15 Cook County. 16 Membership on the watershed councils shall consist of the 17 chief elected official, or his or her designee, from each 18 municipality and township within the watershed and the Cook 19 County Board President, or his or her designee, if 20 unincorporated area is included in the watershed. A 21 municipality or township shall be a member of more than one 22 watershed council if the corporate boundaries of that 23 municipality,or township extendenteredinto more than one 24 watershed, or if the municipality or township is served in 25 part by separate sewers and combined sewers. 26 Subcommittees of the stormwater management planning 27 councils may be established to assist the stormwater 28 management planning councils in performing their duties 29preparing and implementing a stormwater management plan. The 30 councils may adopt bylaws to govern the functioning of the 31 stormwater management councils and subcommittees. 32(2) Creating, by intergovernmental agreement, a33county-wide Stormwater Management Planning Committee with its34membership consisting of the Chairman of each of the-13- LRB9205184EGfg 1watershed management councils, the Cook County Board2President or his designee, and the Northeastern Illinois3Planning Commission President or his designee.4 (c)(3)The principal duties of the watershed planning 5 councils shall be to advise the District on the development 6 and implementation of the countywidedevelop astormwater 7 management plan with respect to matters relating to their 8 respective watersheds and to advise and represent the 9 concerns offor the watershed area and to recommend the plan10for adoption tothe units of local government in the 11 watershed area. The councils shall meet at least quarterly 12 and shall hold at least one public hearing during the 13 preparation of the plan.Adoption of the watershed plan14shall be by each municipality in the watershed and by vote of15the County Board.16 (d)(4)The Districtprincipal duty of the county-wide17Stormwater Management Planning Committeeshall give careful 18 consideration to the recommendations and concerns of the 19 watershed planning councils throughout the planning process. 20be to coordinate the 6 watershed plans as developed and to21coordinate the planning process with the adjoining counties22to ensure that recommended stormwater projects will have no23significant adverse impact on the levels or flows of24stormwater in the inter-county watershed or on the capacity25of existing and planned stormwater retention facilities.The 26 DistrictCommitteeshall identify in an annual published 27 report steps taken by the District to accommodate the 28 concerns and recommendations of the watershed planning 29 councils.Committee to coordinate the development of plan30recommendations with adjoining counties. The Committee shall31also publish a coordinated stormwater document of all32activity in the Cook County area and agreed upon stormwater33planning standards.34(5) The stormwater management planning committee shall-14- LRB9205184EGfg 1submit the coordinated watershed plans to the Office of Water2Resources of the Department of Natural Resources and to the3Northeastern Illinois Planning Commission for review and4recommendation. The Office and the Commission, in reviewing5the plan, shall consider those factors as impact on the level6or flows in the rivers and streams and the cumulative effects7of stormwater discharges on flood levels. The review8comments and recommendations shall be submitted to the9watershed councils for consideration.10 (e)(6)The stormwater management planning councils 11committeemay recommend rules and regulations to the District 12watershed councilsgoverning the location, width, course, and 13 release rates of all stormwater runoff channels, streams, and 14 basins in their respective watershedsthe county. 15 (f)(7)The Northwest Municipal Conference, the South 16 Suburban Mayors and Managers Association, and the West 17 Central Municipal Conference shall be responsible for the 18 coordination of the planning councils created under this 19 Section. 20 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.) 21 Section 15. The Metropolitan Water Reclamation District 22 Act is amended by adding Section 7h as follows: 23 (70 ILCS 2605/7h new) 24 Sec. 7h. Stormwater management. 25 (a) Stormwater management in Cook County shall be under 26 the general supervision of the Metropolitan Water Reclamation 27 District of Greater Chicago. The District has the authority 28 to plan, manage, implement, and finance activities relating 29 to stormwater management in Cook County. The authority of 30 the District with respect to stormwater management extends 31 throughout Cook County and is not limited to the area 32 otherwise within the territory and jurisdiction of the -15- LRB9205184EGfg 1 District under this Act. 2 For the purposes of this Section, the term "stormwater 3 management" includes, without limitation, the management of 4 floods and floodwaters. 5 (b) The District may utilize the resources of 6 cooperating local watershed councils (including the 7 stormwater management planning councils created under Section 8 5-1062.1 of the Counties Code), councils of local 9 governments, the Northeastern Illinois Planning Commission, 10 and similar organizations and agencies. The District may 11 provide those organizations and agencies with funding, on a 12 contractual basis, for providing information to the District, 13 providing information to the public, or performing other 14 activities related to stormwater management. 15 The District may enter into agreements with responsible 16 agencies in adjoining counties for the purpose of 17 accommodating planning activities on a watershed basis. 18 The District may enter into intergovernmental agreements 19 with Cook County or other units of local government that are 20 located in whole or in part outside the District for the 21 purpose of implementing the stormwater management plan and 22 providing stormwater management services in areas not 23 included within the territory of the District. 24 (c) The District shall prepare and adopt by ordinance a 25 countywide stormwater management plan for Cook County. The 26 countywide plan may incorporate one or more separate 27 watershed plans. 28 Prior to adopting the countywide stormwater management 29 plan, the District shall hold at least one public hearing 30 thereon and shall afford interested persons an opportunity to 31 be heard. 32 (d) The District may prescribe by ordinance reasonable 33 rules and regulations for floodplain and stormwater 34 management and for governing the location, width, course, and -16- LRB9205184EGfg 1 release rate of all stormwater runoff channels, streams, and 2 basins in Cook County, in accordance with the adopted 3 stormwater management plan. These rules and regulations 4 shall, at a minimum, meet the standards for floodplain 5 management established by the Office of Water Resources of 6 the Department of Natural Resources and the requirements of 7 the Federal Emergency Management Agency for participation in 8 the National Flood Insurance Program. 9 (e) The District may impose fees on areas outside the 10 District but within Cook County to mitigate the effects of 11 increased stormwater runoff resulting from new development. 12 The fees shall not exceed the cost of satisfying the onsite 13 stormwater retention or detention requirements of the adopted 14 stormwater management plan. The fees shall be used to 15 finance activities undertaken by the District or units of 16 local government within the District to mitigate the effects 17 of urban stormwater runoff by providing regional stormwater 18 retention or detention facilities, as identified in the plan. 19 All such fees collected by the District shall be held in a 20 separate fund. 21 (f) Amounts realized from the tax levy for stormwater 22 management purposes authorized in Section 12 may be used by 23 the District for implementing this Section and for the 24 development, design, planning, construction, operation, and 25 maintenance of regional stormwater facilities provided for in 26 the stormwater management plan. 27 The proceeds of any tax imposed under Section 12 for 28 stormwater management purposes and any revenues generated as 29 a result of the ownership or operation of facilities or land 30 acquired with the proceeds of taxes imposed under Section 12 31 for stormwater management purposes shall be held in a 32 separate fund and used either for implementing this Section 33 or to abate those taxes. 34 (g) The District may plan, implement, finance, and -17- LRB9205184EGfg 1 operate regional stormwater management projects in accordance 2 with the adopted countywide stormwater management plan. 3 The District shall provide for public review and comment 4 on proposed stormwater management projects. The District 5 shall conform to State and federal requirements concerning 6 public information, environmental assessments, and 7 environmental impacts for projects receiving State or federal 8 funds. 9 The District may issue bonds under Section 9.6a of this 10 Act for the purpose of funding stormwater management 11 projects. 12 The District shall not use Cook County Forest Preserve 13 District land for stormwater or flood control projects 14 without the consent of the Forest Preserve District. 15 (h) Upon the creation and implementation of a county 16 stormwater management plan, the District may petition the 17 circuit court to dissolve any or all drainage districts 18 created pursuant to the Illinois Drainage Code or predecessor 19 Acts that are located entirely within the District. 20 However, any active drainage district implementing a plan 21 that is consistent with and at least as stringent as the 22 county stormwater management plan may petition the District 23 for exception from dissolution. Upon filing of the petition, 24 the District shall set a date for hearing not less than 2 25 weeks, nor more than 4 weeks, from the filing thereof, and 26 the District shall give at least one week's notice of the 27 hearing in one or more newspapers of general circulation 28 within the drainage district, and in addition shall cause a 29 copy of the notice to be personally served upon each of the 30 trustees of the drainage district. At the hearing, the 31 District shall hear the drainage district's petition and 32 allow the drainage district trustees and any interested 33 parties an opportunity to present oral and written evidence. 34 The District shall render its decision upon the petition for -18- LRB9205184EGfg 1 exception from dissolution based upon the best interests of 2 the residents of the drainage district. In the event that 3 the exception is not allowed, the drainage district may file 4 a petition with the circuit court within 30 days of the 5 decision. In that case, the notice and hearing requirements 6 for the court shall be the same as provided in this 7 subsection for the petition to the District. The court shall 8 render its decision of whether to dissolve the district based 9 upon the best interests of the residents of the drainage 10 district. 11 The dissolution of a drainage district shall not affect 12 the obligation of any bonds issued or contracts entered into 13 by the drainage district nor invalidate the levy, extension, 14 or collection of any taxes or special assessments upon the 15 property in the former drainage district. All property and 16 obligations of the former drainage district shall be assumed 17 and managed by the District, and the debts of the former 18 drainage district shall be discharged as soon as practicable. 19 If a drainage district lies only partly within the 20 District, the District may petition the circuit court to 21 disconnect from the drainage district that portion of the 22 drainage district that lies within the District. The 23 property of the drainage district within the disconnected 24 area shall be assumed and managed by the District. The 25 District shall also assume a portion of the drainage 26 district's debt at the time of disconnection, based on the 27 portion of the value of the taxable property of the drainage 28 district which is located within the area being disconnected. 29 A drainage district that continues to exist within Cook 30 County shall conform its operations to the countywide 31 stormwater management plan. 32 (i) The District may assume responsibility for 33 maintaining any stream within Cook County. 34 (j) The District may, after 10 days written notice to -19- LRB9205184EGfg 1 the owner or occupant, enter upon any lands or waters within 2 the county for the purpose of inspecting stormwater 3 facilities or causing the removal of any obstruction to an 4 affected watercourse. The District shall be responsible for 5 any damages occasioned thereby. 6 (k) The District shall report to the public annually on 7 its activities and expenditures under this Section and the 8 adopted countywide stormwater management plan. 9 (l) The powers granted to the District under this 10 Section are in addition to the other powers granted under 11 this Act. This Section does not limit the powers of the 12 District under any other provision of this Act or any other 13 law. 14 (m) This Section does not affect the power or duty of 15 any unit of local government to take actions relating to 16 flooding or stormwater, so long as those actions conform with 17 this Section and the plans, rules, and ordinances adopted by 18 the District under this Section. 19 A home rule unit located in whole or in part in Cook 20 County may not regulate stormwater management or planning in 21 Cook County in a manner inconsistent with this Section or the 22 plans, rules, and ordinances adopted by the District under 23 this Section. Pursuant to paragraph (i) of Section 6 of 24 Article VII of the Illinois Constitution, this Section 25 specifically denies and limits the exercise of any power that 26 is inconsistent with this Section by a home rule unit that is 27 a county with a population of 1,500,000 or more or is 28 located, in whole or in part, within such a county. 29 (70 ILCS 2605/12) (from Ch. 42, par. 332) 30 Sec. 12. The board of commissioners annually may levy 31 taxes for corporate purposes upon property within the 32 territorial limits of such sanitary district, the aggregate 33 amount of which, exclusive of the amount levied for (a) the -20- LRB9205184EGfg 1 payment of bonded indebtedness and the interest on bonded 2 indebtedness (b) employees' annuity and benefit purposes (c) 3 construction purposes, and (d) for the purpose of 4 establishing and maintaining a reserve fund for the payment 5 of claims, awards, losses, judgments or liabilities which 6 might be imposed on such sanitary district under the Workers' 7 Compensation Act or the Workers' Occupational Diseases Act, 8 and any claim in tort, including but not limited to, any 9 claim imposed upon such sanitary district under the Local 10 Governmental and Governmental Employees Tort Immunity Act, 11 and for the repair or replacement of any property owned by 12 such sanitary district which is damaged by fire, flood, 13 explosion, vandalism or any other peril, natural or manmade, 14 shall not exceed the sum produced by extending the rate of 15 .46% for each of the yearsyear1979 through 2001 and by 16 extending the rate of 0.41% for the year 2002 and each year 17 thereafter, upon the assessed valuation of all taxable 18 property within the sanitary district as equalized and 19 determined for State and local taxes. 20 In addition, for stormwater management purposes as 21 provided in subsection (f) of Section 7h, the board of 22 commissioners may levy taxes for the year 2002 and each year 23 thereafter at a rate not to exceed 0.05% of the assessed 24 valuation of all taxable property within the district as 25 equalized and determined for State and local taxes. 26AndIn addition thereto, for construction purposes as 27 defined in Section 5.2 of this Act, the board of 28 commissioners may levy taxes for the year 1985 and each year 29 thereafter which shall be at a rate not to exceed .10% of the 30 assessed valuation of all taxable property within the 31 sanitary district as equalized and determined for State and 32 local taxes. Amounts realized from taxes so levied for 33 construction purposes shall be limited for use to such 34 purposes and shall not be available for appropriation or used -21- LRB9205184EGfg 1 to defray the cost of repairs to or expense of maintaining or 2 operating existing or future facilities, but such 3 restrictions, however, shall not apply to additions, 4 alterations, enlargements, and replacements which will add 5 appreciably to the value, utility, or the useful life of said 6 facilities. 7 Such rates shall be extended against the assessed 8 valuation of the taxable property within the corporate limits 9 as the same shall be assessed and equalized for the county 10 taxes for the year in which the levy is made and said board 11 shall cause the amount to be raised by taxation in each year 12 to be certified to the county clerk on or before the 13 thirtieth day of March; provided, however, that if during the 14 budget year the General Assembly authorizes an increase in 15 such rates, the board of commissioners may adopt a 16 supplemental levy and shall make such certification to the 17 County Clerk on or before the thirtieth day of December. 18 For the purpose of establishing and maintaining a reserve 19 fund for the payment of claims, awards, losses, judgments or 20 liabilities which might be imposed on such sanitary district 21 under the Workers' Compensation Act or the Workers' 22 Occupational Diseases Act, and any claim in tort, including 23 but not limited to, any claim imposed upon such sanitary 24 district under the Local Governmental and Governmental 25 Employees Tort Immunity Act, and for the repair or 26 replacement, where the cost thereof exceeds the sum of 27 $10,000, of any property owned by such sanitary district 28 which is damaged by fire, flood, explosion, vandalism or any 29 other peril, natural or man-made, such sanitary district may 30 also levy annually upon all taxable property within its 31 territorial limits a tax not to exceed .005% of the assessed 32 valuation of said taxable property as equalized and 33 determined for State and local taxes; provided, however, the 34 aggregate amount which may be accumulated in such reserve -22- LRB9205184EGfg 1 fund shall not exceed .05% of such assessed valuation. 2 All taxes so levied and certified shall be collected and 3 enforced in the same manner and by the same officers as State 4 and county taxes, and shall be paid over by the officer 5 collecting the same to the treasurer of the sanitary 6 district, in the manner and at the time provided by the 7 general revenue law. No part of the taxes hereby authorized 8 shall be used by such sanitary district for the construction 9 of permanent, fixed, immovable bridges across any channel 10 constructed under the provisions of this Act. All bridges 11 built across such channel shall not necessarily interfere 12 with or obstruct the navigation of such channel, when the 13 same becomes a navigable stream, as provided in Section 24 of 14 this Act, but such bridges shall be so constructed that they 15 can be raised, swung or moved out of the way of vessels, 16 tugs, boats or other water craft navigating such channel. 17 Nothing in this Act shall be so construed as to compel said 18 district to maintain or operate said bridges, as movable 19 bridges, for a period of 9 years from and after the time when 20 the water has been turned into said channel pursuant to law, 21 unless the needs of general navigation of the Des Plaines and 22 Illinois Rivers, when connected by said channel, sooner 23 require it. In levying taxes the board of commissioners, in 24 order to produce the net amount required by the levies for 25 payment of bonds and interest thereon, shall include an 26 amount or rate estimated to be sufficient to cover losses in 27 collection of taxes, the cost of collecting taxes, abatements 28 in the amount of such taxes as extended on the collector's 29 books and the amount of such taxes collection of which will 30 be deferred; the amount so added for the purpose of producing 31 the net amount required shall not exceed any applicable 32 maximum tax rate or amount. 33 (Source: P.A. 84-630.) -23- LRB9205184EGfg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.