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Public Act 098-0069 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Water Reclamation District Act | ||||
is amended by changing Section 12 as follows:
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(70 ILCS 2605/12) (from Ch. 42, par. 332)
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Sec. 12. Power to levy taxes. The board of commissioners | ||||
annually may levy taxes for
corporate purposes upon property | ||||
within the territorial limits of such
sanitary district, the | ||||
aggregate amount of which, exclusive of the
amount levied for | ||||
(a) the payment of bonded indebtedness and the
interest on | ||||
bonded indebtedness (b) employees' annuity and benefit
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purposes (c) construction purposes, and (d) for the purpose of
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establishing and maintaining a reserve fund for the payment of | ||||
claims,
awards, losses, judgments , or liabilities , | ||||
settlements, or demands and associated attorney's fees and | ||||
costs that which might be imposed on or incurred by such
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sanitary district in matters including, but not limited to, | ||||
under the Workers' Compensation Act or the Workers'
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Occupational Diseases Act, and any claim in tort, including but | ||||
not
limited to, any claim imposed upon such sanitary district | ||||
under the
Local Governmental and Governmental Employees Tort | ||||
Immunity Act, any claim of deprivation of any constitutional or |
statutory right or protection, for all expenses, fees, and | ||
costs, both direct and in support of and for
all costs related | ||
to the repair or replacement of any property owned by such | ||
sanitary
district which is damaged by fire, flood, explosion, | ||
vandalism or any
other peril, natural or manmade, shall not | ||
exceed the sum produced by
extending the rate of
.46% for each | ||
of the years 1979 through 2004 and by extending the rate of | ||
0.41% for the year 2005 and each year thereafter, upon the | ||
assessed
valuation of all taxable property within the sanitary | ||
district as
equalized and determined for State and local taxes. | ||
In addition, for stormwater management purposes, including | ||
but not limited to those provided in subsection (f) of Section | ||
7(h), the board of commissioners may levy taxes for the year | ||
2005 and each year thereafter at a rate not to exceed 0.05% of | ||
the assessed valuation of all taxable property within the | ||
District as equalized and determined for State and local taxes.
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And in addition
thereto, for construction purposes as | ||
defined in Section 5.2 of this
Act, the board of commissioners | ||
may levy taxes for the year 1985 and
each year thereafter which | ||
shall be at a rate not to exceed .10%
of the assessed valuation | ||
of all taxable property within the sanitary
district as | ||
equalized and determined for State and local taxes. Amounts
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realized from taxes so levied for construction purposes shall | ||
be limited
for use to such purposes and shall not be
available | ||
for appropriation or used to defray the cost of repairs to or
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expense of maintaining or operating existing or future |
facilities, but
such restrictions, however, shall not apply to | ||
additions, alterations,
enlargements, and replacements which | ||
will add appreciably to the value,
utility, or the useful life | ||
of said facilities. Such rates shall be
extended against the | ||
assessed valuation of the taxable property within
the corporate | ||
limits as the same shall be assessed and equalized for the
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county taxes for the year in which the levy is made and said | ||
board
shall cause the amount to be raised by taxation in each | ||
year to be
certified to the county clerk on or before the | ||
thirtieth day of March;
provided, however, that if during the | ||
budget year the General Assembly
authorizes an increase in such | ||
rates, the board of commissioners may
adopt a supplemental levy | ||
and shall make such certification to the
County Clerk on or | ||
before the thirtieth day of December.
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For the purpose of establishing and maintaining a reserve | ||
fund for
the payment of claims, awards, losses, judgments , or | ||
liabilities , settlements, or demands and associated attorney's | ||
fees and costs that which
might be imposed on or incurred by | ||
such sanitary district in matters including, but not limited | ||
to, under the Workers'
Compensation Act or the Workers' | ||
Occupational Diseases Act, and any
claim in tort, including but | ||
not limited to, any claim imposed upon such
sanitary district | ||
under the Local Governmental and Governmental
Employees Tort | ||
Immunity Act, any claim of deprivation of any constitutional or | ||
statutory right or protection, for all expenses, fees, and | ||
costs, both direct and in support and for all costs related to |
the repair or replacement, where
the cost thereof exceeds the | ||
sum of $10,000, of any property owned by
such sanitary district | ||
which is damaged by fire, flood, explosion,
vandalism or any | ||
other peril, natural or man-made, such sanitary
district may | ||
also levy annually upon all taxable property within its
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territorial limits a tax not to exceed .005% of the assessed | ||
valuation
of said taxable property as equalized and determined | ||
for State and local
taxes; provided, however, the aggregate | ||
amount which may be accumulated
in such reserve fund shall not | ||
exceed .05% of such assessed valuation.
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All taxes so levied and certified shall be collected and | ||
enforced in
the same manner and by the same officers as State | ||
and county taxes, and
shall be paid over by the officer | ||
collecting the same to the treasurer
of the sanitary district, | ||
in the manner and at the time provided by the
general revenue | ||
law. No part of the taxes hereby authorized shall be
used by | ||
such sanitary district for the construction of permanent, | ||
fixed,
immovable bridges across any channel constructed under | ||
the provisions of
this Act. All bridges built across such | ||
channel shall not necessarily
interfere with or obstruct the | ||
navigation of such channel, when the same
becomes a navigable | ||
stream, as provided in Section 24 of this Act, but
such bridges | ||
shall be so constructed that they can be raised, swung or
moved | ||
out of the way of vessels, tugs, boats or other water craft
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navigating such channel. Nothing in this Act shall be so | ||
construed as to
compel said district to maintain or operate |
said bridges, as movable
bridges, for a period of 9 years from | ||
and after the time when the water
has been turned into said | ||
channel pursuant to law, unless the needs of
general navigation | ||
of the Des Plaines and Illinois Rivers, when
connected by said | ||
channel, sooner require it. In levying taxes the board
of | ||
commissioners, in order to produce the net amount required by | ||
the
levies for payment of bonds and interest thereon, shall | ||
include an
amount or rate estimated to be sufficient to cover | ||
losses in collection
of taxes, the cost of collecting taxes, | ||
abatements in the amount of such
taxes as extended on the | ||
collector's books and the amount of such taxes
collection of | ||
which will be deferred; the amount so added for the
purpose of | ||
producing the net amount required shall not exceed any
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applicable maximum tax rate or amount.
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(Source: P.A. 96-164, eff. 8-10-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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