State of Illinois
92nd General Assembly
Legislation

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92_SB1171ham001

 










                                           LRB9205814JMmbam02

 1                    AMENDMENT TO SENATE BILL 1171

 2        AMENDMENT NO.     .  Amend Senate Bill 1171 by  replacing
 3    the title with the following:
 4        "AN ACT concerning local governments."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Local  Government  Debt  Reform  Act  is
 8    amended by changing Sections 3, 15, and 15.01 as follows:

 9        (30 ILCS 350/3) (from Ch. 17, par. 6903)
10        Sec.  3.  Definitions.   In this Act words or terms shall
11    have the following  meanings  unless  the  context  or  usage
12    clearly indicates that another meaning is intended.
13        (a)  "Alternate  bonds"  means  bonds  issued  in lieu of
14    revenue bonds or payable from a revenue source as provided in
15    Section 15.
16        (b)  "Applicable  law"  means  any  provision   of   law,
17    including  this  Act, authorizing governmental units to issue
18    bonds.
19        (c)  "Backdoor referendum"  means  the  submission  of  a
20    public  question  to  the  voters  of  a  governmental  unit,
21    initiated  by  a  petition  of  voters, residents or property
 
                            -2-            LRB9205814JMmbam02
 1    owners of such governmental unit,  to  determine  whether  an
 2    action  by the governing body of such governmental unit shall
 3    be effective, adopted or rejected.
 4        (d)  "Bond"   means   any   instrument   evidencing   the
 5    obligation to pay money authorized or issued by or on  behalf
 6    of  a  governmental  unit  under  applicable  law,  including
 7    without  limitation,  bonds,  notes, installment or financing
 8    contracts, leases, certificates, tax anticipation warrants or
 9    notes, vouchers, and any other evidences of indebtedness.
10        (e)  "Debt  service"  on  bonds  means  the   amount   of
11    principal,  interest  and premium, if any, when due either at
12    stated maturity or upon mandatory redemption.
13        (f)  "Enterprise  revenues"  means  the  revenues  of   a
14    utility  or  revenue  producing enterprise from which revenue
15    bonds may be payable.
16        (g)  "General  obligation  bonds"  means   bonds   of   a
17    governmental  unit  for the payment of which the governmental
18    unit is empowered to levy ad valorem property taxes upon  all
19    taxable property in a governmental unit without limitation as
20    to rate or amount.
21        (h)  "Governing   body"   means   the  legislative  body,
22    council, board, commission, trustees, or any other  body,  by
23    whatever  name  it  is  known, having charge of the corporate
24    affairs of a governmental unit.
25        (i)  "Governmental  unit"  means  a   county,   township,
26    municipality,    municipal   corporation,   unit   of   local
27    government,  school  district,   special   district,   public
28    corporation,  body  corporate  and  politic,  forest preserve
29    district, fire protection  district,  conservation  district,
30    park   district,  sanitary  district,  and  all  other  local
31    governmental  agencies,  including  any  entity  created   by
32    intergovernmental   agreement  among  any  of  the  foregoing
33    governmental units, but does not include any office, officer,
34    department, division, bureau, board, commission,  university,
 
                            -3-            LRB9205814JMmbam02
 1    or similar agency of the State.
 2        (j)  "Ordinance"  means  an  ordinance  duly adopted by a
 3    governing body or, if appropriate  under  applicable  law,  a
 4    resolution so adopted.
 5        (k)  "Revenue  bonds"  means  any bonds of a governmental
 6    unit other than general obligation bonds, but "revenue bonds"
 7    does include any debt authorized under Section  11-29.3-1  of
 8    the Illinois Municipal Code.
 9        (l)  "Revenue source" means a source of funds, other than
10    enterprise  revenues, received or available to be received by
11    a governmental unit and available for any one or more of  its
12    corporate  purposes, including any public building commission
13    lease rental base alternate tax levy.
14        (m)  "Limited  bonds"  means  bonds,   including   public
15    building  commission  leases,  but  excluding  other  leases,
16    notes,  installment or financing contracts, certificates, tax
17    anticipation warrants  or  notes,  vouchers,  and  any  other
18    evidences of indebtedness, issued under Section 15.01 of this
19    Act.
20        (n)  "Public building commission lease rental base" means
21    that term as defined in the Property Tax Extension Limitation
22    Law.
23        (o)  "Public   building   commission  lease  rental  base
24    alternate tax levy" means a special purpose  levy  authorized
25    to  be  levied  by  a  governmental  unit  for the payment of
26    alternate bonds as a revenue source, which levy may be in  an
27    annual amount not in excess of the public building commission
28    lease rental base less the amount of that base levied for the
29    payment  of  lease rentals under a public building commission
30    lease.
31    (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.)

32        (30 ILCS 350/15) (from Ch. 17, par. 6915)
33        Sec. 15.  Double-barrelled bonds.  Whenever revenue bonds
 
                            -4-            LRB9205814JMmbam02
 1    have been authorized to be issued pursuant to applicable  law
 2    or  whenever  there  exists for a governmental unit a revenue
 3    source, the procedures set forth in this Section may be  used
 4    by  a governing body.  General obligation bonds may be issued
 5    in lieu of such revenue  bonds  as  authorized,  and  general
 6    obligation  bonds  may  be  issued  payable  from any revenue
 7    source.  Such general obligation bonds may be referred to  as
 8    "alternate bonds".  Alternate bonds may be issued without any
 9    referendum  or backdoor referendum except as provided in this
10    Section, upon the terms provided in Section 10  of  this  Act
11    without  reference  to other provisions of law, but only upon
12    the conditions provided in  this  Section.   Alternate  bonds
13    shall  not  be  regarded as or included in any computation of
14    indebtedness for the purpose of any  statutory  provision  or
15    limitation except as expressly provided in this Section.
16        Such conditions are:
17        (a)  Alternate   bonds  shall  be  issued  for  a  lawful
18    corporate purpose.  If  issued  in  lieu  of  revenue  bonds,
19    alternate  bonds  shall  be issued for the purposes for which
20    such revenue bonds shall have  been  authorized.   If  issued
21    payable  from  a  revenue  source  in  the manner hereinafter
22    provided, which revenue source is limited in its purposes  or
23    applications,  then  the alternate bonds shall be issued only
24    for such limited purposes or applications.   Alternate  bonds
25    may  be  issued  payable  from  either enterprise revenues or
26    revenue sources, or both. As a revenue source  for  alternate
27    bonds,   any  governmental  unit  having  a  public  building
28    commission lease rental base is hereby authorized to  levy  a
29    public  building  commission  lease rental base alternate tax
30    levy.  Alternate bonds supported by the levy  may  be  issued
31    pursuant  to  the  provisions  of this Section for any lawful
32    corporate purpose of the unit of local government.
33        (b)  Alternate  bonds  shall  be  subject   to   backdoor
34    referendum.   The  provisions  of Section 5 of this Act shall
 
                            -5-            LRB9205814JMmbam02
 1    apply  to  such  backdoor  referendum,  together   with   the
 2    provisions   hereof.   The  authorizing  ordinance  shall  be
 3    published in  a  newspaper  of  general  circulation  in  the
 4    governmental  unit.  Along with or as part of the authorizing
 5    ordinance, there shall be  published  a  notice  of  (1)  the
 6    specific  number  of  voters  required  to  sign  a  petition
 7    requesting  that  the  issuance  of  the  alternate  bonds be
 8    submitted to referendum, (2) the time when such petition must
 9    be filed, (3) the date of  the  prospective  referendum,  and
10    (4),  with  respect  to  authorizing ordinances adopted on or
11    after January  1,  1991,  a  statement  that  identifies  any
12    revenue  source that will be used to pay the principal of and
13    interest on the alternate bonds.  The clerk or  secretary  of
14    the governmental unit shall make a petition form available to
15    anyone  requesting  one.   If  no  petition is filed with the
16    clerk or secretary within  30  days  of  publication  of  the
17    authorizing  ordinance  and notice, the alternate bonds shall
18    be authorized to be issued.   But  if  within  this  30  days
19    period,  a  petition  is  filed  with such clerk or secretary
20    signed by electors numbering the greater of (i) 7.5%  of  the
21    registered  voters  in  the  governmental unit or (ii) 200 of
22    those registered voters or 15% of  those  registered  voters,
23    whichever is less, asking that the issuance of such alternate
24    bonds  be  submitted  to  referendum,  the clerk or secretary
25    shall certify such question for  submission  at  an  election
26    held  in  accordance  with  the  general  election  law.  The
27    question  on  the  ballot  shall  include  a statement of any
28    revenue source that will be used to pay the principal of  and
29    interest on the alternate bonds. The alternate bonds shall be
30    authorized  to  be  issued if a majority of the votes cast on
31    the question at such election are in favor  thereof  provided
32    that  notice  of  the bond referendum, if held before July 1,
33    1999, has been given in accordance  with  the  provisions  of
34    Section  12-5  of  the Election Code in effect at the time of
 
                            -6-            LRB9205814JMmbam02
 1    the bond referendum, at least 10 and not more  than  45  days
 2    before the date of the election, notwithstanding the time for
 3    publication   otherwise  imposed  by  Section  12-5.  Notices
 4    required  in  connection  with  the  submission   of   public
 5    questions  on  or after July 1, 1999 shall be as set forth in
 6    Section  12-5  of  the  Election  Code.  Backdoor  referendum
 7    proceedings for bonds and alternate bonds  to  be  issued  in
 8    lieu of such bonds may be conducted at the same time.
 9        (c)  To the extent payable from enterprise revenues, such
10    revenues  shall have been determined by the governing body to
11    be sufficient to provide for or pay in  each  year  to  final
12    maturity  of  such alternate bonds all of the following:  (1)
13    costs  of  operation  and  maintenance  of  the  utility   or
14    enterprise,  but not including depreciation, (2) debt service
15    on all outstanding revenue bonds payable from such enterprise
16    revenues, (3) all  amounts  required  to  meet  any  fund  or
17    account requirements with respect to such outstanding revenue
18    bonds,  (4)  other contractual or tort liability obligations,
19    if any, payable from such enterprise  revenues,  and  (5)  in
20    each year, an amount not less than 1.25 times debt service of
21    all (i) alternate bonds payable from such enterprise revenues
22    previously  issued  and  outstanding and (ii) alternate bonds
23    proposed to be issued.  To the extent  payable  from  one  or
24    more revenue sources, such sources shall have been determined
25    by  the governing body to provide in each year, an amount not
26    less than 1.25 times debt  service  of  all  alternate  bonds
27    payable  from  such  revenue  sources  previously  issued and
28    outstanding and alternate bonds proposed to be  issued.   The
29    conditions  enumerated in this subsection (c) need not be met
30    for that amount of debt service provided for by  the  setting
31    aside of proceeds of bonds or other moneys at the time of the
32    delivery of such bonds.
33        (c-1)  In  the case of alternate bonds issued as variable
34    rate bonds (including refunding bonds), debt service shall be
 
                            -7-            LRB9205814JMmbam02
 1    projected based on the rate for the most recent date shown in
 2    the 20 G.O. Bond Index of average municipal  bond  yields  as
 3    published  in  the  most  recent  edition  of  The Bond Buyer
 4    published in New York, New York (or any successor publication
 5    or index, or if  such  publication  or  index  is  no  longer
 6    published,  then  any index of long-term municipal tax-exempt
 7    bond yields selected by the governmental  unit),  as  of  the
 8    date  of  determination referred to in subsection (c) of this
 9    Section.  Any interest or fees that may  be  payable  to  the
10    provider  of a letter of credit, line of credit, surety bond,
11    bond insurance, or other credit enhancement relating to  such
12    alternate  bonds  and  any  fees  that  may be payable to any
13    remarketing agent need not be taken into account for purposes
14    of such projection.  If the governmental unit enters into  an
15    agreement in connection with such alternate bonds at the time
16    of  issuance  thereof pursuant to which the governmental unit
17    agrees for a specified  period  of  time  to  pay  an  amount
18    calculated  at  an  agreed-upon  rate  or  index  based  on a
19    notional amount  and  the  other  party  agrees  to  pay  the
20    governmental unit an amount calculated at an agreed-upon rate
21    or  index  based  on  such notional amount, interest shall be
22    projected for such specified period of time on the  basis  of
23    the agreed-upon rate payable by the governmental unit.
24        (d)  The  determination  of the sufficiency of enterprise
25    revenues  or  a  revenue  source,  as  applicable,  shall  be
26    supported by reference  to  the  most  recent  audit  of  the
27    governmental  unit,  which  shall be for a fiscal year ending
28    not earlier than 18 months previous to the time  of  issuance
29    of  the  alternate  bonds.  If such audit does not adequately
30    show  such  enterprise  revenues  or   revenue   source,   as
31    applicable, or if such enterprise revenues or revenue source,
32    as  applicable,  are  shown  to  be  insufficient,  then  the
33    determination of sufficiency shall be supported by the report
34    of  an  independent  accountant  or  feasibility analyst, the
 
                            -8-            LRB9205814JMmbam02
 1    latter having a national reputation  for  expertise  in  such
 2    matters,  demonstrating  the sufficiency of such revenues and
 3    explaining, if appropriate, by what means the  revenues  will
 4    be  greater  than  as  shown  in  the  audit.   Whenever such
 5    sufficiency is demonstrated by reference  to  a  schedule  of
 6    higher  rates  or charges for enterprise revenues or a higher
 7    tax imposition for  a  revenue  source,  such  higher  rates,
 8    charges  or  taxes  shall  have  been  properly imposed by an
 9    ordinance adopted prior to the time of delivery of  alternate
10    bonds.   The  reference  to  and  acceptance  of  an audit or
11    report, as the case may be,  and  the  determination  of  the
12    governing  body as to sufficiency of enterprise revenues or a
13    revenue  source  shall  be  conclusive  evidence   that   the
14    conditions  of  this  Section  have  been  met  and  that the
15    alternate bonds are valid.
16        (e)  The  enterprise  revenues  or  revenue  source,   as
17    applicable,  shall  be  in fact pledged to the payment of the
18    alternate bonds; and the governing body  shall  covenant,  to
19    the  extent it is empowered to do so, to provide for, collect
20    and apply such enterprise  revenues  or  revenue  source,  as
21    applicable,  to  the  payment  of the alternate bonds and the
22    provision of not less  than  an  additional  .25  times  debt
23    service.   The  pledge  and establishment of rates or charges
24    for enterprise revenues, or the  imposition  of  taxes  in  a
25    given  rate  or  amount,  as  provided  in  this  Section for
26    alternate bonds, shall constitute a continuing obligation  of
27    the  governmental  unit with respect to such establishment or
28    imposition and a  continuing  appropriation  of  the  amounts
29    received.   All covenants relating to alternate bonds and the
30    conditions  and  obligations  imposed  by  this  Section  are
31    enforceable by any bondholder of  alternate  bonds  affected,
32    any  taxpayer of the governmental unit, and the People of the
33    State of Illinois acting through the Attorney General or  any
34    designee, and in the event that any such action results in an
 
                            -9-            LRB9205814JMmbam02
 1    order finding that the governmental unit has not properly set
 2    rates  or  charges  or  imposed  taxes  to  the  extent it is
 3    empowered to  do  so  or  collected  and  applied  enterprise
 4    revenues or any revenue source, as applicable, as required by
 5    this  Act,  the plaintiff in any such action shall be awarded
 6    reasonable  attorney's  fees.   The  intent  is   that   such
 7    enterprise  revenues  or revenue source, as applicable, shall
 8    be sufficient and shall be applied to  the  payment  of  debt
 9    service  on  such  alternate  bonds so that taxes need not be
10    levied, or if levied need not be extended, for such  payment.
11    Nothing  in  this  Section  shall  inhibit  or  restrict  the
12    authority  of a governing body to determine the lien priority
13    of any bonds, including alternate bonds, which may be  issued
14    with respect to any enterprise revenues or revenue source.
15        In  the event that alternate bonds shall have been issued
16    and taxes, other than a designated revenue source, shall have
17    been extended pursuant to the general obligation, full  faith
18    and  credit promise supporting such alternate bonds, then the
19    amount of such alternate  bonds  then  outstanding  shall  be
20    included   in   the   computation   of  indebtedness  of  the
21    governmental unit for purposes of all statutory provisions or
22    limitations until such time as an audit of  the  governmental
23    unit  shall show that the alternate bonds have been paid from
24    the enterprise revenues or  revenue  source,  as  applicable,
25    pledged thereto for a complete fiscal year.
26        Alternate bonds may be issued to refund or advance refund
27    alternate  bonds  without  meeting  any of the conditions set
28    forth in this Section, except that the term of the  refunding
29    bonds shall not be longer than the term of the refunded bonds
30    and  that  the  debt  service  payable  in  any  year  on the
31    refunding bonds shall not exceed the debt service payable  in
32    such year on the refunded bonds.
33        Once  issued, alternate bonds shall be and forever remain
34    until  paid  or  defeased  the  general  obligation  of   the
 
                            -10-           LRB9205814JMmbam02
 1    governmental  unit,  for  the payment of which its full faith
 2    and credit are pledged, and shall be payable from the levy of
 3    taxes as is provided  in  this  Act  for  general  obligation
 4    bonds.
 5        The  changes  made  by this amendatory Act of 1990 do not
 6    affect the validity of bonds authorized before  September  1,
 7    1990.
 8    (Source:  P.A.  90-812,  eff.  1-26-99;  91-57, eff. 6-30-99;
 9    91-493, eff. 8-13-99; 91-868, eff. 6-22-00.)

10        (30 ILCS 350/15.01)
11        Sec.  15.01.  Limited  bonds.  A  governmental  unit   is
12    authorized  to  issue  limited  bonds  payable  from the debt
13    service extension base  or  the  public  building  commission
14    lease  rental  base,  or both, as defined in the Property Tax
15    Extension Limitation Law, as provided in this amendatory  Act
16    of  1995.  Bonds  authorized  by Public Act 88-503 and issued
17    under Section 20a  of  the  Chicago  Park  District  Act  for
18    aquarium  or  museum  projects shall not be issued as limited
19    bonds. A governmental unit issuing limited  bonds  authorized
20    by  this Section shall provide in the bond ordinance that the
21    bonds are  issued  as  limited  bonds  and  are  also  issued
22    pursuant to applicable law, other than this amendatory Act of
23    1995,  enabling  the  governmental  unit to issue bonds. This
24    amendatory Act of 1995 shall not  change  the  rate,  amount,
25    purposes,   limitations,  source  of  funds  for  payment  of
26    principal or interest, or method of payment or defeasance  of
27    the  bonds  that  a  governmental  unit  may  issue under any
28    applicable  law;  provided,  that  limited  bonds  that   are
29    otherwise  to  be  issued  as general obligation bonds may be
30    payable solely from the debt service extension base or public
31    building  commission  lease  rental  base,  or   both.   This
32    amendatory  Act  of  1995 provides no additional authority to
33    any governmental unit to issue bonds  that  the  governmental
 
                            -11-           LRB9205814JMmbam02
 1    unit is not otherwise authorized to issue by a law other than
 2    this amendatory Act of 1995.
 3    (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.)

 4        Section 10.  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
32    with  the levy year in which this Law becomes applicable to a
 
                            -12-           LRB9205814JMmbam02
 1    taxing  district  as  provided  in  Section  18-213,  "taxing
 2    district" also includes those taxing districts  made  subject
 3    to this Law as provided in Section 18-213.
 4        "Aggregate  extension" for taxing districts to which this
 5    Law applied before  the  1995  levy  year  means  the  annual
 6    corporate extension for the taxing district and those special
 7    purpose  extensions  that  are  made  annually for the taxing
 8    district, excluding special purpose extensions: (a) made  for
 9    the  taxing  district to pay interest or principal on general
10    obligation bonds that were approved by referendum;  (b)  made
11    for  any  taxing  district  to  pay  interest or principal on
12    general obligation bonds issued before October 1,  1991;  (c)
13    made  for any taxing district to pay interest or principal on
14    bonds issued to refund or  continue  to  refund  those  bonds
15    issued  before  October  1,  1991;  (d)  made  for any taxing
16    district to pay interest or  principal  on  bonds  issued  to
17    refund  or  continue  to refund bonds issued after October 1,
18    1991 that were approved  by  referendum;  (e)  made  for  any
19    taxing district to pay interest or principal on revenue bonds
20    issued before October 1, 1991 for payment of which a property
21    tax  levy  or  the full faith and credit of the unit of local
22    government is pledged; however, a  tax  for  the  payment  of
23    interest or principal on those bonds shall be made only after
24    the governing body of the unit of local government finds that
25    all  other sources for payment are insufficient to make those
26    payments; (f) made for payments under a  building  commission
27    lease when the lease payments are for the retirement of bonds
28    issued  by  the commission before October 1, 1991, to pay for
29    the building  project,  including  leases  between  a  public
30    building  commission  and  a  community college district in a
31    county with a population not less than 300,000 and  not  more
32    than 400,000 that are amended under subsection (n) of Section
33    14  of  the  Public  Building  Commission  Act;  (g) made for
34    payments due under installment contracts entered into  before
 
                            -13-           LRB9205814JMmbam02
 1    October  1,  1991;  (h)  made  for  payments of principal and
 2    interest  on  bonds  issued  under  the  Metropolitan   Water
 3    Reclamation  District  Act  to  finance construction projects
 4    initiated before October 1, 1991; (h-5) made  for  stormwater
 5    management  purposes  by  the  Metropolitan Water Reclamation
 6    District  of  Greater  Chicago  under  Section  12   of   the
 7    Metropolitan  Water  Reclamation  District  Act; (i) made for
 8    payments of principal  and  interest  on  limited  bonds,  as
 9    defined in Section 3 of the Local Government Debt Reform Act,
10    in  an  amount  not to exceed the debt service extension base
11    less the amount in items (b),  (c),  (e),  and  (h)  of  this
12    definition for non-referendum obligations, except obligations
13    initially  issued  pursuant to referendum, plus an amount not
14    to exceed the public building commission  lease  rental  base
15    less  the  amount  (deductible  only from the public building
16    commission lease rental base and not from  the  debt  service
17    extension  base)  in  item  (f)  of this definition for lease
18    payments; (j) made for payments of principal and interest  on
19    bonds  issued  under  Section 15 of the Local Government Debt
20    Reform Act, including the public  building  commission  lease
21    rental  base  alternate tax levy allocable to those payments;
22    and (k) made by a school district that  participates  in  the
23    Special Education District of Lake County, created by special
24    education  joint  agreement  under  Section  10-22.31  of the
25    School Code, for payment of the school  district's  share  of
26    the  amounts  required  to  be  contributed  by  the  Special
27    Education  District  of Lake County to the Illinois Municipal
28    Retirement Fund under Article 7 of the Illinois Pension Code;
29    the amount of any extension under  this  item  (k)  shall  be
30    certified by the school district to the county clerk.
31        "Aggregate  extension"  for the taxing districts to which
32    this Law did not apply before  the  1995  levy  year  (except
33    taxing  districts  subject  to  this  Law  in accordance with
34    Section 18-213) means the annual corporate extension for  the
 
                            -14-           LRB9205814JMmbam02
 1    taxing district and those special purpose extensions that are
 2    made  annually  for  the  taxing  district, excluding special
 3    purpose extensions: (a) made for the taxing district  to  pay
 4    interest  or  principal on general obligation bonds that were
 5    approved by referendum; (b) made for any taxing  district  to
 6    pay  interest or principal on general obligation bonds issued
 7    before March 1, 1995; (c) made for any taxing district to pay
 8    interest or principal on bonds issued to refund  or  continue
 9    to  refund  those bonds issued before March 1, 1995; (d) made
10    for any taxing district to pay interest or principal on bonds
11    issued to refund or continue to  refund  bonds  issued  after
12    March  1, 1995 that were approved by referendum; (e) made for
13    any taxing district to pay interest or principal  on  revenue
14    bonds  issued  before  March  1,  1995 for payment of which a
15    property tax levy or the full faith and credit of the unit of
16    local government is pledged; however, a tax for  the  payment
17    of  interest  or  principal on those bonds shall be made only
18    after the governing body of  the  unit  of  local  government
19    finds  that all other sources for payment are insufficient to
20    make those payments; (f) made for payments under  a  building
21    commission   lease  when  the  lease  payments  are  for  the
22    retirement of bonds issued by the commission before March  1,
23    1995  to  pay for the building project; (g) made for payments
24    due under installment contracts entered into before March  1,
25    1995;  (h)  made  for  payments  of principal and interest on
26    bonds  issued  under  the  Metropolitan   Water   Reclamation
27    District  Act  to  finance  construction  projects  initiated
28    before  October  1,  1991; (i) made for payments of principal
29    and interest on limited bonds, as defined in Section 3 of the
30    Local Government Debt Reform Act, in an amount not to  exceed
31    the debt service extension base less the amount in items (b),
32    (c),   and   (e)   of   this  definition  for  non-referendum
33    obligations, except obligations initially issued pursuant  to
34    referendum  and  bonds  described  in  subsection (h) of this
 
                            -15-           LRB9205814JMmbam02
 1    definition; (j) made for payments of principal  and  interest
 2    on bonds issued under Section 15 of the Local Government Debt
 3    Reform  Act;  (k) made for payments of principal and interest
 4    on bonds authorized by Public Act  88-503  and  issued  under
 5    Section  20a of the Chicago Park District Act for aquarium or
 6    museum projects; and (l) made for payments of  principal  and
 7    interest on bonds authorized by Public Act 87-1191 and issued
 8    under  Section 42 of the Cook County Forest Preserve District
 9    Act for zoological park projects.
10        "Aggregate extension" for all taxing districts  to  which
11    this  Law  applies  in accordance with Section 18-213, except
12    for those  taxing  districts  subject  to  paragraph  (2)  of
13    subsection  (e) of Section 18-213, means the annual corporate
14    extension for the taxing district and those  special  purpose
15    extensions  that  are  made annually for the taxing district,
16    excluding special purpose extensions: (a) made for the taxing
17    district to pay interest or principal on  general  obligation
18    bonds  that  were  approved  by  referendum; (b) made for any
19    taxing district to  pay  interest  or  principal  on  general
20    obligation   bonds  issued  before  the  date  on  which  the
21    referendum making this Law applicable to the taxing  district
22    is  held; (c) made for any taxing district to pay interest or
23    principal on bonds issued to refund  or  continue  to  refund
24    those  bonds  issued  before the date on which the referendum
25    making this Law applicable to the taxing  district  is  held;
26    (d) made for any taxing district to pay interest or principal
27    on  bonds issued to refund or continue to refund bonds issued
28    after the date  on  which  the  referendum  making  this  Law
29    applicable  to  the taxing district is held if the bonds were
30    approved by referendum after the date on which the referendum
31    making this Law applicable to the taxing  district  is  held;
32    (e) made for any taxing district to pay interest or principal
33    on  revenue  bonds  issued  before  the  date  on  which  the
34    referendum  making this Law applicable to the taxing district
 
                            -16-           LRB9205814JMmbam02
 1    is held for payment of which a property tax levy or the  full
 2    faith  and credit of the unit of local government is pledged;
 3    however, a tax for the payment of interest  or  principal  on
 4    those  bonds  shall  be made only after the governing body of
 5    the unit of local government finds that all other sources for
 6    payment are insufficient to make those payments; (f) made for
 7    payments under a building commission  lease  when  the  lease
 8    payments  are  for  the  retirement  of  bonds  issued by the
 9    commission before the date on  which  the  referendum  making
10    this Law applicable to the taxing district is held to pay for
11    the  building  project;  (g)  made  for  payments  due  under
12    installment  contracts  entered into before the date on which
13    the referendum making  this  Law  applicable  to  the  taxing
14    district  is  held;  (h)  made  for payments of principal and
15    interest on limited bonds, as defined in  Section  3  of  the
16    Local  Government Debt Reform Act, in an amount not to exceed
17    the debt service extension base less the amount in items (b),
18    (c),  and  (e)  of   this   definition   for   non-referendum
19    obligations,  except obligations initially issued pursuant to
20    referendum; (i) made for payments of principal  and  interest
21    on bonds issued under Section 15 of the Local Government Debt
22    Reform Act; and (j) made for a qualified airport authority to
23    pay  interest or principal on general obligation bonds issued
24    for the purpose of paying obligations due under, or financing
25    airport facilities  required  to  be  acquired,  constructed,
26    installed  or  equipped  pursuant  to, contracts entered into
27    before March 1, 1996 (but not  including  any  amendments  to
28    such a contract taking effect on or after that date).
29        "Aggregate  extension"  for all taxing districts to which
30    this  Law  applies  in  accordance  with  paragraph  (2)   of
31    subsection  (e)  of Section 18-213 means the annual corporate
32    extension for the taxing district and those  special  purpose
33    extensions  that  are  made annually for the taxing district,
34    excluding special purpose extensions: (a) made for the taxing
 
                            -17-           LRB9205814JMmbam02
 1    district to pay interest or principal on  general  obligation
 2    bonds  that  were  approved  by  referendum; (b) made for any
 3    taxing district to  pay  interest  or  principal  on  general
 4    obligation  bonds  issued  before  the effective date of this
 5    amendatory Act of 1997; (c) made for any taxing  district  to
 6    pay  interest  or  principal  on  bonds  issued  to refund or
 7    continue to refund those bonds issued  before  the  effective
 8    date  of this amendatory Act of 1997; (d) made for any taxing
 9    district to pay interest or  principal  on  bonds  issued  to
10    refund or continue to refund bonds issued after the effective
11    date  of  this  amendatory  Act  of  1997  if  the bonds were
12    approved by referendum  after  the  effective  date  of  this
13    amendatory  Act  of 1997; (e) made for any taxing district to
14    pay interest or principal on revenue bonds issued before  the
15    effective  date of this amendatory Act of 1997 for payment of
16    which a property tax levy or the full faith and credit of the
17    unit of local government is pledged; however, a tax  for  the
18    payment of interest or principal on those bonds shall be made
19    only after the governing body of the unit of local government
20    finds  that all other sources for payment are insufficient to
21    make those payments; (f) made for payments under  a  building
22    commission   lease  when  the  lease  payments  are  for  the
23    retirement of bonds  issued  by  the  commission  before  the
24    effective  date of this amendatory Act of 1997 to pay for the
25    building project; (g) made for payments due under installment
26    contracts entered into before  the  effective  date  of  this
27    amendatory  Act  of  1997; (h) made for payments of principal
28    and interest on limited bonds, as defined in Section 3 of the
29    Local Government Debt Reform Act, in an amount not to  exceed
30    the debt service extension base less the amount in items (b),
31    (c),   and   (e)   of   this  definition  for  non-referendum
32    obligations, except obligations initially issued pursuant  to
33    referendum;  (i)  made for payments of principal and interest
34    on bonds issued under Section 15 of the Local Government Debt
 
                            -18-           LRB9205814JMmbam02
 1    Reform Act; and (j) made for a qualified airport authority to
 2    pay interest or principal on general obligation bonds  issued
 3    for the purpose of paying obligations due under, or financing
 4    airport  facilities  required  to  be  acquired, constructed,
 5    installed or equipped pursuant  to,  contracts  entered  into
 6    before  March  1,  1996  (but not including any amendments to
 7    such a contract taking effect on or after that date).
 8        "Debt service extension base" means an  amount  equal  to
 9    that  portion  of the extension for a taxing district for the
10    1994 levy year, or for those taxing districts subject to this
11    Law in accordance  with  Section  18-213,  except  for  those
12    subject to paragraph (2) of subsection (e) of Section 18-213,
13    for  the  levy  year  in which the referendum making this Law
14    applicable to the taxing  district  is  held,  or  for  those
15    taxing  districts  subject  to  this  Law  in accordance with
16    paragraph (2) of subsection (e) of  Section  18-213  for  the
17    1996  levy  year,  constituting  an  extension for payment of
18    principal and interest on bonds issued by the taxing district
19    without referendum, but not including excluded non-referendum
20    bonds.  For park districts (i) that  were  first  subject  to
21    this  Law  in  1991  or 1995 and (ii) whose extension for the
22    1994 levy year for the payment of principal and  interest  on
23    bonds issued by the park district without referendum (but not
24    including excluded non-referendum bonds) was less than 51% of
25    the  amount  for the 1991 levy year constituting an extension
26    for payment of principal and interest on bonds issued by  the
27    park  district without referendum (but not including excluded
28    non-referendum bonds), "debt service extension base" means an
29    amount equal to that portion of the extension  for  the  1991
30    levy  year constituting an extension for payment of principal
31    and interest on bonds issued by  the  park  district  without
32    referendum (but not including excluded non-referendum bonds).
33    The  debt  service  extension  base  may  be  established  or
34    increased   as   provided  under  Section  18-212.  "Excluded
 
                            -19-           LRB9205814JMmbam02
 1    non-referendum bonds" means (i) bonds  authorized  by  Public
 2    Act  88-503  and issued under Section 20a of the Chicago Park
 3    District Act for aquarium and  museum  projects;  (ii)  bonds
 4    issued  under  Section 15 of the Local Government Debt Reform
 5    Act; and or (iii) refunding obligations issued to  refund  or
 6    to  continue  to refund obligations initially issued pursuant
 7    to referendum.   The  debt  service  extension  base  may  be
 8    established or increased as provided under Section 18-212.
 9        "Special purpose extensions" include, but are not limited
10    to,  extensions  for  levies  made  on  an  annual  basis for
11    unemployment  and  workers'   compensation,   self-insurance,
12    contributions  to pension plans, and extensions made pursuant
13    to Section 6-601 of the Illinois  Highway  Code  for  a  road
14    district's  permanent  road  fund  whether levied annually or
15    not.  The  extension  for  a  special  service  area  is  not
16    included in the aggregate extension.
17        "Aggregate  extension  base"  means the taxing district's
18    last preceding aggregate extension as adjusted under Sections
19    18-215 through 18-230.
20        "Levy year" has the same meaning as "year" under  Section
21    1-155.
22        "New  property" means (i) the assessed value, after final
23    board  of  review  or  board  of  appeals  action,   of   new
24    improvements  or  additions  to  existing improvements on any
25    parcel of real property that increase the assessed  value  of
26    that  real  property  during  the levy year multiplied by the
27    equalization factor issued by the  Department  under  Section
28    17-30  and  (ii)  the  assessed  value,  after final board of
29    review or board of  appeals  action,  of  real  property  not
30    exempt  from  real  estate  taxation, which real property was
31    exempt from real estate  taxation  for  any  portion  of  the
32    immediately   preceding   levy   year,   multiplied   by  the
33    equalization factor issued by the  Department  under  Section
34    17-30.   In addition, the county clerk in a county containing
 
                            -20-           LRB9205814JMmbam02
 1    a population of 3,000,000 or more shall include in  the  1997
 2    recovered  tax  increment  value for any school district, any
 3    recovered tax increment value that was applicable to the 1995
 4    tax year calculations.
 5        "Public building commission lease rental base"  means  an
 6    amount  equal  to  that portion of the extension for a taxing
 7    district for the 1999 levy year constituting an extension for
 8    payment of lease rentals under a public  building  commission
 9    lease  allocable  to  the  retirement  of bonds issued by the
10    commission.
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,  except  as
16    otherwise provided in  this  paragraph,  the  amount  of  the
17    current  year's  equalized  assessed value, in the first year
18    after a municipality terminates the designation of an area as
19    a redevelopment project area previously established under the
20    Tax Increment Allocation  Development  Act  in  the  Illinois
21    Municipal  Code,  previously established under the Industrial
22    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
23    previously  established  under  the Economic Development Area
24    Tax Increment Allocation Act, of  each  taxable  lot,  block,
25    tract,  or  parcel  of  real  property  in  the redevelopment
26    project area over and above the  initial  equalized  assessed
27    value  of  each  property  in the redevelopment project area.
28    For the taxes which are extended for the 1997 levy year,  the
29    recovered  tax  increment  value  for  a non-home rule taxing
30    district that first became subject to this Law for  the  1995
31    levy  year  because a majority of its 1994 equalized assessed
32    value  was  in  an  affected  county  or  counties  shall  be
33    increased if a municipality terminated the designation of  an
34    area  in  1993  as  a  redevelopment  project area previously
 
                            -21-           LRB9205814JMmbam02
 1    established under the Tax  Increment  Allocation  Development
 2    Act  in  the  Illinois Municipal Code, previously established
 3    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
 4    Municipal  Code, or previously established under the Economic
 5    Development Area Tax Increment Allocation Act, by  an  amount
 6    equal  to  the  1994 equalized assessed value of each taxable
 7    lot,  block,  tract,  or  parcel  of  real  property  in  the
 8    redevelopment  project  area  over  and  above  the   initial
 9    equalized   assessed   value   of   each   property   in  the
10    redevelopment  project  area.  In  the  first  year  after  a
11    municipality removes a taxable lot, block, tract,  or  parcel
12    of   real   property   from   a  redevelopment  project  area
13    established under the Tax  Increment  Allocation  Development
14    Act  in  the  Illinois  Municipal  Code,  the Industrial Jobs
15    Recovery Law in the Illinois Municipal Code, or the  Economic
16    Development Area Tax Increment Allocation Act, "recovered tax
17    increment  value"  means  the  amount  of  the current year's
18    equalized assessed value of each taxable lot,  block,  tract,
19    or  parcel  of  real  property removed from the redevelopment
20    project area over and above the  initial  equalized  assessed
21    value   of   that  real  property  before  removal  from  the
22    redevelopment project area.
23        Except as otherwise provided in this  Section,  "limiting
24    rate"  means  a  fraction  the numerator of which is the last
25    preceding aggregate extension base times an amount  equal  to
26    one plus the extension limitation defined in this Section and
27    the  denominator  of  which  is  the current year's equalized
28    assessed value of all real property in  the  territory  under
29    the jurisdiction of the taxing district during the prior levy
30    year.    For   those  taxing  districts  that  reduced  their
31    aggregate extension for the last  preceding  levy  year,  the
32    highest  aggregate  extension  in any of the last 3 preceding
33    levy years shall be used for the  purpose  of  computing  the
34    limiting   rate.   The  denominator  shall  not  include  new
 
                            -22-           LRB9205814JMmbam02
 1    property.  The denominator shall not  include  the  recovered
 2    tax increment value.
 3    (Source:  P.A.  90-485,  eff.  1-1-98;  90-511, eff. 8-22-97;
 4    90-568, eff.  1-1-99;  90-616,  eff.  7-10-98;  90-655,  eff.
 5    7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)

 6        Section  15.   The  Public  Building  Commission  Act  is
 7    amended by changing Sections 3, 14, and 18 as follows:

 8        (50 ILCS 20/3) (from Ch. 85, par. 1033)
 9        Sec.  3.  The following terms, wherever used, or referred
10    to in this Act, mean unless the context  clearly  requires  a
11    different meaning:
12        (a)  "Commission"  means  a  Public  Building  Commission
13    created pursuant to this Act.
14        (b)  "Commissioner"    or    "Commissioners"    means   a
15    Commissioner  or   Commissioners   of   a   Public   Building
16    Commission.
17        (c)  "County seat" means a city, village or town which is
18    the county seat of a county.
19        (d)  "Municipality"    means   any   city,   village   or
20    incorporated town of the State of Illinois.
21        (e)  "Municipal corporation"  includes  a  county,  city,
22    village,  town,  (including  a  county  seat), park district,
23    school district in a county of 3,000,000 or more  population,
24    board  of  education  of  a  school  district  in a county of
25    3,000,000 or  more  population,  sanitary  district,  airport
26    authority  contiguous with the County Seat as of July 1, 1969
27    and any other municipal body or governmental  agency  of  the
28    State  but  does not include a school district in a county of
29    less than 3,000,000 population, a board  of  education  of  a
30    school   district   in   a  county  of  less  than  3,000,000
31    population, or a community college district in  a  county  of
32    less than 3,000,000 population.
 
                            -23-           LRB9205814JMmbam02
 1        (f)  "Governing  body"  includes  a  city council, county
 2    board, or any other body or board, by whatever name it may be
 3    known, charged with the governing of a municipal corporation.
 4        (g)  "Presiding officer" includes the mayor or  president
 5    of a city, village or town, the presiding officer of a county
 6    board,  or  the  presiding  officer  of  any  other  board or
 7    commission, as the case may be.
 8        (h)  "Oath" means oath or affirmation.
 9        (i)  "Building" means an improvement to real estate to be
10    made available for use by a  municipal  corporation  for  the
11    furnishing of governmental services to its citizens, together
12    with  any  land  or  interest  in land necessary or useful in
13    connection with the improvement.
14        (j)  "Public building commission lease rental base" means
15    that term as defined in the Property Tax Extension Limitation
16    Law.
17    (Source: P.A. 88-304.)

18        (50 ILCS 20/14) (from Ch. 85, par. 1044)
19        Sec. 14.  A Public Building  Commission  is  a  municipal
20    corporation and constitutes a body both corporate and politic
21    separate  and  apart  from any other municipal corporation or
22    any other public or governmental agency. It may  sue  and  be
23    sued,  plead and be impleaded, and have a seal and alter such
24    at pleasure, have  perpetual  succession,  make  and  execute
25    contracts,  leases,  deeds and other instruments necessary or
26    convenient to the exercise of its powers, and make  and  from
27    time  to  time  amend  and  repeal  its  by-laws,  rules  and
28    regulations  not inconsistent with this Act.  In addition, it
29    has and shall exercise the  following  public  and  essential
30    governmental  powers  and  functions  and  all  other  powers
31    incidental  or  necessary,  to  carry out and effectuate such
32    express powers:
33        (a)  To select, locate and designate,  at  any  time  and
 
                            -24-           LRB9205814JMmbam02
 1    from  time to time, one or more areas lying wholly within the
 2    territorial limits of the municipality or of the county  seat
 3    of the county in which the Commission is organized, or within
 4    the  territorial  limits  of  the county if the site is to be
 5    used for county purposes, or (in the case of a county  having
 6    a  population  of at least 20,000 but not more than 21,000 as
 7    determined by the 1980 federal census) within the territorial
 8    limits of the county if the site is to be used for  municipal
 9    purposes,  as  the  site  or  sites  to  be  acquired for the
10    erection,  alteration  or  improvement  of  a   building   or
11    buildings,  public  improvement  or  other facilities for the
12    purposes set forth  in  this  Section.   The  site  or  sites
13    selected  shall  be  conveniently located within such county,
14    municipality  or  county  seat  and  of  an  area   in   size
15    sufficiently  large  to accomplish and effectuate the purpose
16    of  this  Act  and   sufficient   to   provide   for   proper
17    architectural  setting  and  adequate  landscaping  for  such
18    building   or   buildings,   public   improvement   or  other
19    facilities.
20        (1)  Where the governing body of the county seat  or  the
21    governing  body  of  any  municipality  with  3,000  or  more
22    inhabitants  has  adopted  the  original  resolution  for the
23    creation of the Commission, the site or sites  selected,  and
24    in  the  case of a project for an Airport Authority, the site
25    or sites selected, the project and any lease agreements,  are
26    subject  to  approval  by  a  majority  of the members of the
27    governing body of the county seat or by  a  majority  of  the
28    members  of  the governing body of the municipality. However,
29    where the site is for a county project  and  is  outside  the
30    limits  of  a municipality, the approval of the site shall be
31    by the county board.
32        (2)  Where the original resolution for  the  creation  of
33    the  Commission has been adopted by the governing body of the
34    county, the site or sites selected, and  in  the  case  of  a
 
                            -25-           LRB9205814JMmbam02
 1    project for an Airport Authority, the site or sites selected,
 2    the project and any lease agreements, are subject to approval
 3    by  a  majority  of  the members of the governing body of the
 4    county and to approval by 3/4 of the members of the governing
 5    body of the county seat, except that approval of 3/4  of  the
 6    members  of  the  governing  body  of  the county seat is not
 7    required where the site is for a county or (in the case of  a
 8    county  having  a  population of at least 20,000 but not more
 9    than 21,000 as determined  by  the  1980  federal  census)  a
10    municipal  project  and  is  outside the limits of the county
11    seat, in which case approval by 3/4 of  the  members  of  the
12    governing  body  of  any municipality where the site or sites
13    will be located is required; and, if such site  or  sites  so
14    selected,  and  in  the  case  of  a  project  for an Airport
15    Authority, the site or sites selected, the  project  and  any
16    lease  agreements,  are not approved by 3/4 of the members of
17    the governing body of the county seat the Commission  may  by
18    resolution  request that the approval of the site or sites so
19    selected, and in  the  case  of  a  project  for  an  Airport
20    Authority,  the  site  or sites selected, the project and any
21    lease agreements, be submitted to a referendum  at  the  next
22    general election in accordance with the general election law,
23    and  shall  present such resolution to the county clerk. Upon
24    receipt of such resolution the county clerk shall immediately
25    notify the board of election commissioners, if any;  however,
26    referenda  pursuant  to  such  resolution shall not be called
27    more frequently than once in 4 years. The  proposition  shall
28    be in substantially the following form:
29    -------------------------------------------------------------
30        Shall ...... be acquired for the
31    erection, alteration or improvement of a
32    building or  buildings pursuant to the        YES
33    Public  Building Commission Act,
34    approved  July 5, 1955, which project
 
                            -26-           LRB9205814JMmbam02
 1    it is  estimated will cost $.........,    -------------------
 2    including the cost of the site
 3    acquisition and for the payment of which
 4    revenue bonds in the  amount of $....,        NO
 5    maturing ....  and bearing interest at
 6    the  rate of .....% per annum, may be issued?
 7    -------------------------------------------------------------
 8    If  a majority of the electors voting on the proposition vote
 9    in favor of the proposition, the site or sites  so  selected,
10    and  in  the  case of a project for an Airport Authority, the
11    site or sites selected, the project and any lease agreements,
12    shall be approved.  Except where  approval  of  the  site  or
13    sites  has been obtained by referendum, the area or areas may
14    be enlarged by the Board of Commissioners, from time to time,
15    as the need therefor arises.   The  selection,  location  and
16    designation  of more than one area may, but need not, be made
17    at one time but may be made from time to time.
18        (b)  To acquire the fee simple title to the real property
19    located within such area or areas,  including  easements  and
20    reversionary  interests  in  the  streets,  alleys  and other
21    public  places  and  personal  property  required   for   its
22    purposes,  by  purchase,  gift, legacy, or by the exercise of
23    the power of eminent domain, and title thereto shall be taken
24    in the corporate name  of  the  Commission.   Eminent  domain
25    proceedings  shall  be in all respects in the manner provided
26    for the exercise of the right of eminent domain under Article
27    VII of the Code of Civil Procedure, approved August 19, 1981,
28    as amended. All land and appurtenances thereto,  acquired  or
29    owned  by  the  Commission are to be deemed acquired or owned
30    for a public use or public purpose.
31        Any municipal corporation which owns fee simple title  to
32    real  property  located  within such an area, may convey such
33    real property, or any part thereof, to the Commission with  a
34    provision  in  such  conveyance for the reverter of such real
 
                            -27-           LRB9205814JMmbam02
 1    property to the transferor municipal corporation at such time
 2    as all revenue bonds and other obligations of the  Commission
 3    incident  to the real property so conveyed, have been paid in
 4    full, and such Commission is hereby authorized to accept such
 5    a conveyance.
 6        (c)  To demolish, repair, alter or improve  any  building
 7    or  buildings  within  the  area  or areas and to erect a new
 8    building  or  buildings,  improvement  and  other  facilities
 9    within the area or areas to provide space for the conduct  of
10    the   executive,   legislative   and  judicial  functions  of
11    government, its various branches,  departments  and  agencies
12    thereof  and  to  provide  buildings,  improvements and other
13    facilities for use by local government in the  furnishing  of
14    essential  governmental,  health, safety and welfare services
15    to its citizens;  to  furnish  and  equip  such  building  or
16    buildings,  improvements  and  other facilities, and maintain
17    and operate them so as to effectuate  the  purposes  of  this
18    Act.
19        (d)  To  pave  and  improve  streets  within such area or
20    areas,  and  to  construct,  repair  and  install  sidewalks,
21    sewers, waterpipes and  other  similar  facilities  and  site
22    improvements  within  such  area  or areas and to provide for
23    adequate landscaping essential to  the  preparation  of  such
24    site or sites in accordance with the purposes of this Act.
25        (e)  To make provisions for offstreet parking facilities.
26        (f)  To  operate,  maintain, manage and to make and enter
27    into contracts for the operation, maintenance and  management
28    of  such  buildings and other facilities and to provide rules
29    and regulations for the operation, maintenance and management
30    thereof.
31        (g)  To employ and discharge without regard to any  Civil
32    Services Act, engineering, architectural, construction, legal
33    and  financial  experts  and  such  other employees as may be
34    necessary in its judgment to carry out the purposes  of  this
 
                            -28-           LRB9205814JMmbam02
 1    Act  and  to  fix  compensation for such employees, and enter
 2    into contracts for the employment of  any  person,  firm,  or
 3    corporation,  and  for  professional  services  necessary  or
 4    desirable  for the accomplishment of the objects and purposes
 5    of the Commission and the proper administration,  management,
 6    protection and control of its property.
 7        (h)  To  rent  all or any part or parts of such building,
 8    buildings, or other facilities to any  municipal  corporation
 9    that  organized  or  joined in the organization of the Public
10    Building Commission or to any branch, department,  or  agency
11    thereof, or to any branch, department, or agency of the State
12    or Federal government, or to any other state or any agency or
13    political   subdivision  of  another  state  with  which  the
14    Commission has entered into an intergovernmental agreement or
15    contract under the Intergovernmental Cooperation Act,  or  to
16    any  municipal  corporation  with  which  the  Commission has
17    entered into an intergovernmental agreement or contract under
18    the  Intergovernmental  Cooperation  Act,  or  to  any  other
19    municipal corporation, quasi municipal corporation, political
20    subdivision  or  body  politic,  or  agency  thereof,   doing
21    business,  maintaining  an  office,  or  rendering  a  public
22    service  in such county for any period of time, not to exceed
23    30 years.
24        (i)  To rent such space in such building or buildings  as
25    from  time  to  time  may  not  be needed by any governmental
26    agency for such other purposes as the Board of  Commissioners
27    may  determine will best serve the comfort and convenience of
28    the occupants of such building or buildings,  and  upon  such
29    terms  and  in  such manner as the Board of Commissioners may
30    determine.
31        (j)  To execute  written  leases  evidencing  the  rental
32    agreements  authorized  in  paragraphs  (h)  and  (i) of this
33    Section.
34        (k)  To procure and enter into contracts for any type  of
 
                            -29-           LRB9205814JMmbam02
 1    insurance  or  indemnity  against  loss or damage to property
 2    from any cause, including loss of use and occupancy,  against
 3    death  or injury of any person, against employer's liability,
 4    against any act of any member, officer  or  employee  of  the
 5    Public  Building  Commission in the performance of the duties
 6    of his office or employment or any other insurable  risk,  as
 7    the  Board  of  Commissioners  in  its  discretion  may  deem
 8    necessary.
 9        (l)  To  accept  donations, contributions, capital grants
10    or gifts from any individuals,  associations,  municipal  and
11    private corporations and the United States of America, or any
12    agency  or  instrumentality  thereof, for or in aid of any of
13    the purposes of this Act and  to  enter  into  agreements  in
14    connection therewith.
15        (m)  To  borrow  money  from time to time and in evidence
16    thereof to issue and sell revenue bonds  in  such  amount  or
17    amounts  as  the  Board  of  Commissioners  may  determine to
18    provide  funds  for  the  purpose  of  acquiring,   erecting,
19    demolishing,   improving,   altering,  equipping,  repairing,
20    maintaining and operating buildings and other facilities  and
21    to acquire sites necessary and convenient therefor and to pay
22    all  costs  and  expenses  incident  thereto,  including, but
23    without in any way limiting the generality of the  foregoing,
24    architectural,  engineering,  legal  and  financing  expense,
25    which  may  include an amount sufficient to meet the interest
26    charges on such revenue bonds during such period  or  periods
27    as  may elapse prior to the time when the project or projects
28    may become revenue producing and for  one  year  in  addition
29    thereto;  and  to  refund  and  refinance, from time to time,
30    revenue bonds so issued and sold, as often as may  be  deemed
31    to be advantageous by the Board of Commissioners.
32        (n)  To  enter  into  any  agreement or contract with any
33    lessee, who, pursuant to the terms of this Act, is renting or
34    is about to rent from the  Commission  all  or  part  of  any
 
                            -30-           LRB9205814JMmbam02
 1    building  or  buildings  or  facilities,  whereby  under such
 2    agreement or contract such lessee obligates itself to pay all
 3    or part of the cost of maintaining and operating the premises
 4    so leased.  Such agreement may be included as a provision  of
 5    any  lease  entered into pursuant to the terms of this Act or
 6    may be made the subject of a separate agreement  or  contract
 7    between  the  Commission and such lessee. Notwithstanding any
 8    contrary provision of the Property Tax  Extension  Limitation
 9    Law, a lease entered into by a public building commission and
10    a community college district in a county with a population of
11    not  less  than  300,000  and  not  more  than 400,000 before
12    October  1,  1991,  may  be  amended  to  provide   for   the
13    continuation  of  an  annual payment in an amount that is not
14    greater than the maximum annual payment under  the  lease  on
15    the effective date of this amendatory Act of the 92nd General
16    Assembly.   For  the  purposes of Section 18 of this Act, the
17    effective date of the amendment to the lease is the  same  as
18    the date of the original execution of that lease.
19    (Source: P.A. 86-325; 86-1215; 87-1208.)

20        (50 ILCS 20/18) (from Ch. 85, par. 1048)
21        Sec.   18.   Whenever,  and  as  often  as,  a  municipal
22    corporation having taxing power enters into a  lease  with  a
23    Public  Building  Commission,  the  governing  body  of  such
24    municipal   corporation   shall   provide   by  ordinance  or
25    resolution, as the case may be, for the levy  and  collection
26    of  a  direct  annual  tax  sufficient to pay the annual rent
27    payable under such lease as  and  when  it  becomes  due  and
28    payable,  or,  if  applicable,  in  the  amount of the public
29    building commission lease rental base levied for the lease. A
30    certified copy of the lease of such municipal corporation and
31    a certified copy of the tax levying ordinance or  resolution,
32    as  the  case  may be, of such municipal corporation shall be
33    filed in the office of the county clerk  in  each  county  in
 
                            -31-           LRB9205814JMmbam02
 1    which   any  portion  of  the  territory  of  such  municipal
 2    corporation  is  situated,  which  certified   copies   shall
 3    constitute  the  authority for the county clerk or clerks, in
 4    each case, to extend the taxes annually necessary to pay  the
 5    annual  rent  payable under such lease as and when it becomes
 6    due and payable, or, if applicable,  in  the  amount  of  the
 7    public  building  commission lease rental base levied for the
 8    lease. No taxes shall be extended for any lease entered  into
 9    after  the  effective  date  of  this amendatory Act of 1993,
10    however, until after a public hearing on the lease. The clerk
11    or  secretary  of  the  governing  body  of   the   municipal
12    corporation  shall  cause notice of the time and place of the
13    hearing to be published at  least  once,  at  least  15  days
14    before  the  hearing,  in  a  newspaper  published  or having
15    general circulation within the municipal corporation.  If  no
16    such newspaper exists, the clerk or secretary shall cause the
17    notice  to be posted, at least 15 days before the hearing, in
18    at  least  10  conspicuous  places   within   the   municipal
19    corporation. The notice shall be in the following form:
20        NOTICE  OF  PUBLIC  HEARING ON LEASE between (name of the
21    municipal corporation)  and  (name  of  the  public  building
22    commission).
23        A  public  hearing regarding a lease between (name of the
24    municipal corporation)  and  (name  of  the  public  building
25    commission)  will  be  held by (name of the governing body of
26    the municipal corporation) on (date) at (time) at (location).
27    The largest yearly rental payment set forth in the  lease  is
28    ($ amount).  The maximum length of the lease is (years).
29        The  purpose  of  the  lease  is  (explain in 25 words or
30    less).
31    Dated (insert date). this      day of   .
32                          By Order of (name of the governing body
33                                    of the Municipal Corporation)
34                                                  /s/............
 
                            -32-           LRB9205814JMmbam02
 1                                              Clerk or Secretary.
 2        At the hearing, all persons residing or  owning  property
 3    in  the municipal corporation shall have an opportunity to be
 4    heard orally, in writing, or both.
 5        Upon the filing of the certified copies of the lease  and
 6    the  tax levying ordinance or resolution in the office of the
 7    county clerk or clerks of the proper county or  counties,  it
 8    shall be the duty of such county clerk or clerks to ascertain
 9    the  rate  per  cent  which,  upon  the value of all property
10    subject to taxation within the municipal corporation, as that
11    property is  assessed  or  equalized  by  the  Department  of
12    Revenue,  will  produce  a  net  amount  of not less than the
13    amount of the annual rent reserved  in  such  lease,  or,  if
14    applicable,  in  the amount of the public building commission
15    lease rental base levied for the lease. The county  clerk  or
16    clerks  shall  thereupon,  and thereafter annually during the
17    term of the lease, extend taxes against all  of  the  taxable
18    property  contained  in that municipal corporation sufficient
19    to pay the annual rental  reserved  in  such  lease,  or,  if
20    applicable,  in  the amount of the public building commission
21    lease rental base levied for the lease.  Such  tax  shall  be
22    levied  and  collected in like manner with the other taxes of
23    such municipal corporation and shall be in  addition  to  all
24    other  taxes now or hereafter authorized to be levied by that
25    municipal corporation. This tax shall not be included  within
26    any statutory limitation of rate or amount for that municipal
27    corporation  but  shall  be  excluded  therefrom  and  be  in
28    addition thereto and in excess thereof. If this tax is levied
29    after  the  year  1999, however, as part of a public building
30    commission  lease  rental  base,  the  tax  is   subject   to
31    limitation as to the amount of the public building commission
32    lease rental base. The fund realized from such tax levy shall
33    be set aside for the payment of the annual rent and shall not
34    be  disbursed  for  any other purpose until the annual rental
 
                            -33-           LRB9205814JMmbam02
 1    has been paid in full.  This Section shall not  be  construed
 2    to  limit  the  power  of the Commission to enter into leases
 3    with any municipal corporation whether or not  the  municipal
 4    corporation has the power of taxation. This Section shall not
 5    be  construed  to  require  taxes to be levied or extended in
 6    excess of the public building commission lease  rental  base,
 7    if applicable.
 8    (Source: P.A. 87-1208; 87-1279; revised 1-10-00.)

 9        Section  20.   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 the
26    effects  of  urbanization  on  stormwater  drainage  in  Cook
27    County,  and   This  Section applies only to Cook County.  In
28    addition, this Section is intended to improve stormwater  and
29    floodplain management in Cook County by the following:
30             (1)  Setting  minimum  standards  for floodplain and
31        stormwater management.
32             (2)  Preparing   plans   for   the   management   of
 
                            -34-           LRB9205814JMmbam02
 1        floodplains  and   stormwater   runoff,   including   the
 2        management of natural and man-made drainage ways.
 3        (b)  The purpose of this Section shall be achieved by the
 4    following:
 5        (1)  Creating  6  Stormwater management planning councils
 6    shall be formed for each of the following  according  to  the
 7    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 District Stormwater
14    Management Planning Committee  for  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 extend entered into 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
29    preparing 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,    a
33    county-wide Stormwater Management Planning Committee with its
34    membership   consisting  of  the  Chairman  of  each  of  the
 
                            -35-           LRB9205814JMmbam02
 1    watershed  management  councils,  the   Cook   County   Board
 2    President  or  his  designee,  and  the Northeastern Illinois
 3    Planning 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  countywide  develop  a  stormwater
 7    management  plan  with  respect  to matters relating to their
 8    respective  watersheds  and  to  advise  and  represent   the
 9    concerns  of for the watershed area and to recommend the plan
10    for  adoption  to  the  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  plan
14    shall be by each municipality in the watershed and by vote of
15    the County Board.
16        (d)  (4)  The  District principal duty of the county-wide
17    Stormwater Management Planning Committee shall  give  careful
18    consideration  to  the  recommendations  and  concerns of the
19    watershed planning councils throughout the planning  process.
20    be  to  coordinate  the 6 watershed plans as developed and to
21    coordinate the planning process with the  adjoining  counties
22    to  ensure  that recommended stormwater projects will have no
23    significant  adverse  impact  on  the  levels  or  flows   of
24    stormwater  in  the inter-county watershed or on the capacity
25    of existing and planned stormwater retention facilities.  The
26    District Committee shall  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  plan
30    recommendations with adjoining counties.  The Committee shall
31    also   publish  a  coordinated  stormwater  document  of  all
32    activity in the Cook County area and agreed  upon  stormwater
33    planning standards.
34        (5)  The  stormwater  management planning committee shall
 
                            -36-           LRB9205814JMmbam02
 1    submit the coordinated watershed plans to the Office of Water
 2    Resources of the Department of Natural Resources and  to  the
 3    Northeastern  Illinois  Planning  Commission  for  review and
 4    recommendation.  The Office and the Commission, in  reviewing
 5    the plan, shall consider those factors as impact on the level
 6    or flows in the rivers and streams and the cumulative effects
 7    of   stormwater  discharges  on  flood  levels.   The  review
 8    comments  and  recommendations  shall  be  submitted  to  the
 9    watershed councils for consideration.
10        (e)  (6)  The  stormwater  management  planning  councils
11    committee may recommend rules and regulations to the District
12    watershed councils governing the location, width, course, and
13    release rates of all stormwater runoff channels, streams, and
14    basins in their respective watersheds the 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  25.  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
 
                            -37-           LRB9205814JMmbam02
 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
 
                            -38-           LRB9205814JMmbam02
 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
 
                            -39-           LRB9205814JMmbam02
 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
 
                            -40-           LRB9205814JMmbam02
 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
 
                            -41-           LRB9205814JMmbam02
 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  (other  than  a  municipality  with a population over
21    1,000,000) may not regulate stormwater management or planning
22    in Cook County in a manner inconsistent with this Section  or
23    the  plans,  rules,  and  ordinances  adopted by the District
24    under this Section; provided, within a  municipality  with  a
25    population over 1,000,000, the stormwater management planning
26    program   of   Cook   County   shall  be  conducted  by  that
27    municipality   or,   to   the   extent   provided    in    an
28    intergovernmental  agreement between the municipality and the
29    District, by the District pursuant to this Section;  provided
30    further that the power granted to such municipality shall not
31    be   inconsistent  with  existing  powers  of  the  District.
32    Pursuant to paragraph (i) of Section 6 of Article VII of  the
33    Illinois  Constitution,  this Section specifically denies and
34    limits the exercise of any power that  is  inconsistent  with
 
                            -42-           LRB9205814JMmbam02
 1    this  Section  by  a  home  rule unit that is a county with a
 2    population of 1,500,000 or more or is located, in whole or in
 3    part, within such a county, other than a municipality with  a
 4    population over 1,000,000.

 5        (70 ILCS 2605/12) (from Ch. 42, par. 332)
 6        Sec.  12.   The  board of commissioners annually may levy
 7    taxes  for  corporate  purposes  upon  property  within   the
 8    territorial  limits  of such sanitary district, the aggregate
 9    amount of which, exclusive of the amount levied for  (a)  the
10    payment  of  bonded  indebtedness  and the interest on bonded
11    indebtedness (b) employees' annuity and benefit purposes  (c)
12    construction   purposes,   and   (d)   for   the  purpose  of
13    establishing and maintaining a reserve fund for  the  payment
14    of  claims,  awards,  losses,  judgments or liabilities which
15    might be imposed on such sanitary district under the Workers'
16    Compensation Act or the Workers' Occupational  Diseases  Act,
17    and  any  claim  in  tort,  including but not limited to, any
18    claim imposed upon such sanitary  district  under  the  Local
19    Governmental  and  Governmental  Employees Tort Immunity Act,
20    and for the repair or replacement of any  property  owned  by
21    such  sanitary  district  which  is  damaged  by fire, flood,
22    explosion, vandalism or any other peril, natural or  manmade,
23    shall  not  exceed  the sum produced by extending the rate of
24    .46% for each of the years year  1979  through  2001  and  by
25    extending  the  rate of 0.41% for the year 2002 and each year
26    thereafter,  upon  the  assessed  valuation  of  all  taxable
27    property  within  the  sanitary  district  as  equalized  and
28    determined for State and local taxes.
29        In  addition,   for   stormwater   management   purposes,
30    including but not limited to those provided in subsection (f)
31    of  Section 7h, the board of commissioners may levy taxes for
32    the year 2002 and each year  thereafter  at  a  rate  not  to
33    exceed  0.05%  of  the  assessed  valuation  of  all  taxable
 
                            -43-           LRB9205814JMmbam02
 1    property  within the district as equalized and determined for
 2    State and local taxes.
 3        And In addition thereto,  for  construction  purposes  as
 4    defined   in   Section   5.2   of  this  Act,  the  board  of
 5    commissioners may levy taxes for the year 1985 and each  year
 6    thereafter which shall be at a rate not to exceed .10% of the
 7    assessed   valuation  of  all  taxable  property  within  the
 8    sanitary district as equalized and determined for  State  and
 9    local  taxes.   Amounts  realized  from  taxes  so levied for
10    construction purposes  shall  be  limited  for  use  to  such
11    purposes and shall not be available for appropriation or used
12    to defray the cost of repairs to or expense of maintaining or
13    operating   existing   or   future   facilities,   but   such
14    restrictions,   however,   shall   not  apply  to  additions,
15    alterations, enlargements, and replacements  which  will  add
16    appreciably to the value, utility, or the useful life of said
17    facilities.
18        Such   rates  shall  be  extended  against  the  assessed
19    valuation of the taxable property within the corporate limits
20    as the same shall be assessed and equalized  for  the  county
21    taxes  for the year in which  the levy is made and said board
22    shall cause the amount to be raised by taxation in each  year
23    to  be  certified  to  the  county  clerk  on  or  before the
24    thirtieth day of March; provided, however, that if during the
25    budget year the General Assembly authorizes  an  increase  in
26    such   rates,   the   board  of  commissioners  may  adopt  a
27    supplemental levy and shall make such  certification  to  the
28    County Clerk on or before the thirtieth day of December.
29        For the purpose of establishing and maintaining a reserve
30    fund  for the payment of claims, awards, losses, judgments or
31    liabilities which might be imposed on such sanitary  district
32    under   the   Workers'   Compensation  Act  or  the  Workers'
33    Occupational Diseases Act, and any claim in  tort,  including
34    but  not  limited  to,  any  claim imposed upon such sanitary
 
                            -44-           LRB9205814JMmbam02
 1    district  under  the  Local  Governmental  and   Governmental
 2    Employees   Tort   Immunity   Act,  and  for  the  repair  or
 3    replacement, where  the  cost  thereof  exceeds  the  sum  of
 4    $10,000,  of  any  property  owned  by such sanitary district
 5    which is damaged by fire, flood, explosion, vandalism or  any
 6    other  peril, natural or man-made, such sanitary district may
 7    also levy annually  upon  all  taxable  property  within  its
 8    territorial  limits a tax not to exceed .005% of the assessed
 9    valuation  of  said  taxable  property   as   equalized   and
10    determined  for State and local taxes; provided, however, the
11    aggregate amount which may be  accumulated  in  such  reserve
12    fund shall not exceed .05% of such assessed valuation.
13        All  taxes so levied and certified shall be collected and
14    enforced in the same manner and by the same officers as State
15    and county taxes, and shall  be  paid  over  by  the  officer
16    collecting   the  same  to  the  treasurer  of  the  sanitary
17    district, in the manner and  at  the  time  provided  by  the
18    general  revenue  law. No part of the taxes hereby authorized
19    shall be used by such sanitary district for the  construction
20    of  permanent,  fixed,  immovable  bridges across any channel
21    constructed under the provisions of  this  Act.  All  bridges
22    built  across  such  channel  shall not necessarily interfere
23    with or obstruct the navigation of  such  channel,  when  the
24    same becomes a navigable stream, as provided in Section 24 of
25    this  Act, but such bridges shall be so constructed that they
26    can be raised, swung or moved out  of  the  way  of  vessels,
27    tugs,  boats  or  other  water craft navigating such channel.
28    Nothing in this Act shall be so construed as to  compel  said
29    district  to  maintain  or  operate  said bridges, as movable
30    bridges, for a period of 9 years from and after the time when
31    the water has been turned into said channel pursuant to  law,
32    unless the needs of general navigation of the Des Plaines and
33    Illinois  Rivers,  when  connected  by  said  channel, sooner
34    require it. In levying taxes the board of  commissioners,  in
 
                            -45-           LRB9205814JMmbam02
 1    order  to  produce  the net amount required by the levies for
 2    payment of bonds  and  interest  thereon,  shall  include  an
 3    amount  or rate estimated to be sufficient to cover losses in
 4    collection of taxes, the cost of collecting taxes, abatements
 5    in the amount of such taxes as extended  on  the  collector's
 6    books  and  the amount of such taxes collection of which will
 7    be deferred; the amount so added for the purpose of producing
 8    the net amount  required  shall  not  exceed  any  applicable
 9    maximum tax rate or amount.
10    (Source: P.A. 84-630.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.".

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