Public Act 90-0568 of the 90th General Assembly
Public Act 90-0568
SB515 Enrolled LRB9000546DNmb
AN ACT concerning property.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Mandates Act is amended by adding
Section 8.22 as follows:
(30 ILCS 805/8.22 new)
Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of 1998.
Section 10. The Property Tax Code is amended by changing
Sections 18-165 and 18-185 as follows:
(35 ILCS 200/18-165)
Sec. 18-165. Abatement of taxes.
(a) Any taxing district, upon a majority vote of its
governing authority, may, after the determination of the
assessed valuation of its property, order the clerk of that
county to abate any portion of its taxes on the following
types of property:
(1) Commercial and industrial.
(A) The property of any commercial or
industrial firm, including but not limited to the
property of any firm that is used for collecting,
separating, storing, or processing recyclable
materials, locating within the taxing district
during the immediately preceding year from another
state, territory, or country, or having been newly
created within this State during the immediately
preceding year, or expanding an existing facility.
The abatement shall not exceed a period of 10 years
and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed
$4,000,000; or
(B) The property of any commercial or
industrial development of at least 500 acres having
been created within the taxing district. The
abatement shall not exceed a period of 20 years and
the aggregate amount of abated taxes for all taxing
districts combined shall not exceed $12,000,000.
(C) The property of any commercial or
industrial firm currently located in the taxing
district that expands a facility or its number of
employees. The abatement shall not exceed a period
of 10 years and the aggregate amount of abated taxes
for all taxing districts combined shall not exceed
$4,000,000. The abatement period may be renewed at
the option of the taxing districts.
(2) Horse racing. Any property in the taxing
district which is used for the racing of horses and upon
which capital improvements consisting of expansion,
improvement or replacement of existing facilities have
been made since July 1, 1987. The combined abatements
for such property from all taxing districts in any county
shall not exceed $5,000,000 annually and shall not exceed
a period of 10 years.
(3) Auto racing. Any property designed exclusively
for the racing of motor vehicles. Such abatement shall
not exceed a period of 10 years.
(4) Academic or research institute. The property
of any academic or research institute in the taxing
district that (i) is an exempt organization under
paragraph (3) of Section 501(c) of the Internal Revenue
Code, (ii) operates for the benefit of the public by
actually and exclusively performing scientific research
and making the results of the research available to the
interested public on a non-discriminatory basis, and
(iii) employs more than 100 employees. An abatement
granted under this paragraph shall be for at least 15
years and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed $5,000,000.
(5) Housing for older persons. Any property in the
taxing district that is devoted exclusively to affordable
housing for older households. For purposes of this
paragraph, "older households" means those households (i)
living in housing provided under any State or federal
program that the Department of Human Rights determines is
specifically designed and operated to assist elderly
persons and is solely occupied by persons 55 years of age
or older and (ii) whose annual income does not exceed 80%
of the area gross median income, adjusted for family
size, as such gross income and median income are
determined from time to time by the United States
Department of Housing and Urban Development. The
abatement shall not exceed a period of 15 years, and the
aggregate amount of abated taxes for all taxing districts
shall not exceed $3,000,000.
(b) Upon a majority vote of its governing authority, any
municipality may, after the determination of the assessed
valuation of its property, order the county clerk to abate
any portion of its taxes on any property that is located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
90-415, eff. 8-15-97; revised 10-30-97.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Section and
Sections 18-190 through 18-245 may be cited as the Property
Tax Extension Limitation Law. As used in Sections 18-190
through 18-245:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the
rate of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000
or more inhabitants.
"Taxing district" has the same meaning provided in
Section 1-150, except as otherwise provided in this Section.
For the 1991 through 1994 levy years only, "taxing district"
includes only each non-home rule taxing district having the
majority of its 1990 equalized assessed value within any
county or counties contiguous to a county with 3,000,000 or
more inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before
the 1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties. Beginning
with the levy year in which this Law becomes applicable to a
taxing district as provided in Section 18-213, "taxing
district" also includes those taxing districts made subject
to this Law as provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any
taxing district to pay interest or principal on revenue bonds
issued before October 1, 1991 for payment of which a property
tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for
the building project; (g) made for payments due under
installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds
issued under the Metropolitan Water Reclamation District Act
to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on
limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b),
(c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (k) made by a school district that
participates in the Special Education District of Lake
County, created by special education joint agreement under
Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under
this item (k) shall be certified by the school district to
the county clerk.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except
taxing districts subject to this Law in accordance with
Section 18-213) means the annual corporate extension for the
taxing district and those special purpose extensions that are
made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds issued
before March 1, 1995; (c) made for any taxing district to pay
interest or principal on bonds issued to refund or continue
to refund those bonds issued before March 1, 1995; (d) made
for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after
March 1, 1995 that were approved by referendum; (e) made for
any taxing district to pay interest or principal on revenue
bonds issued before March 1, 1995 for payment of which a
property tax levy or the full faith and credit of the unit of
local government is pledged; however, a tax for the payment
of interest or principal on those bonds shall be made only
after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 1,
1995 to pay for the building project; (g) made for payments
due under installment contracts entered into before March 1,
1995; (h) made for payments of principal and interest on
bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated
before October 1, 1991; (i) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum and bonds described in subsection (h) of this
definition; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made for payments of principal and interest
on bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium or
museum projects; and (l) made for payments of principal and
interest on bonds authorized by Public Act 87-1191 and issued
under Section 42 of the Cook County Forest Preserve District
Act for zoological park projects.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except
for those taxing districts subject to paragraph (2) of
subsection (e) of Section 18-213, means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before the date on which the referendum
making this Law applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund bonds issued
after the date on which the referendum making this Law
applicable to the taxing district is held if the bonds were
approved by referendum after the date on which the referendum
making this Law applicable to the taxing district is held;
(e) made for any taxing district to pay interest or principal
on revenue bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held for payment of which a property tax levy or the full
faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the
commission before the date on which the referendum making
this Law applicable to the taxing district is held to pay for
the building project; (g) made for payments due under
installment contracts entered into before the date on which
the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the effective date of this
amendatory Act of 1997; (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the effective
date of this amendatory Act of 1997; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after the effective
date of this amendatory Act of 1997 if the bonds were
approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before the
effective date of this amendatory Act of 1997 to pay for the
building project; (g) made for payments due under installment
contracts entered into before the effective date of this
amendatory Act of 1997; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those
taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18-213 for the
1996 levy year, constituting an extension for payment of
principal and interest on bonds issued by the taxing district
without referendum, but not including (i) bonds authorized by
Public Act 88-503 and issued under Section 20a of the Chicago
Park District Act for aquarium and museum projects; (ii)
bonds issued under Section 15 of the Local Government Debt
Reform Act; or (iii) refunding obligations issued to refund
or to continue to refund obligations initially issued
pursuant to referendum. The debt service extension base may
be established or increased as provided under Section 18-212.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or
not. The extension for a special service area is not
included in the aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not
exempt from real estate taxation, which real property was
exempt from real estate taxation for any portion of the
immediately preceding levy year, multiplied by the
equalization factor issued by the Department under Section
17-30.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means the amount of the
current year's equalized assessed value, in the first year
after a municipality terminates the designation of an area as
a redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or
previously established under the Economic Development Area
Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the redevelopment project area.
For the taxes which are extended for the 1997 levy year, the
recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be
increased if a municipality terminated the designation of an
area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Development
Act in the Illinois Municipal Code, previously established
under the Industrial Jobs Recovery Law in the Illinois
Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount
equal to the 1994 equalized assessed value of each taxable
lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the
redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under
the jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their
aggregate extension for the last preceding levy year, the
highest aggregate extension in any of the last 3 preceding
levy years shall be used for the purpose of computing the
limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered
tax increment value.
(Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
Section 15. The Metropolitan Water Reclamation District
Act is amended by changing Section 8 as follows:
(70 ILCS 2605/8) (from Ch. 42, par. 327)
Sec. 8. Except as otherwise in this Act provided, the
sanitary district may acquire by lease, purchase or otherwise
within or without its corporate limits, or by condemnation
within its corporate limits, any and all real and personal
property, right of way and privilege that may be required for
its corporate purposes. All moneys for the purchase and
condemnation of any property must be paid before possession
is taken, or any work done on the premises. In case of an
appeal from the Court in which the condemnation proceedings
are pending, taken by either party, whereby the amount of
damages is not finally determined, the amount of the judgment
in the court shall be deposited with the county treasurer of
the county in which the judgment is rendered, subject to the
payment of damages on orders signed by the judge whenever the
amount of damages is finally determined.
Upon recommendation of the general superintendent and
upon the approval of the board of trustees when any real or
personal property, right of way or privilege or any interest
therein, or any part thereof of such sanitary district is no
longer required for the corporate purposes of the sanitary
district it may be sold, vacated or released. Such sales,
vacations, or releases may be made subject to such conditions
and the retention of such interest therein as may be deemed
for the best interest of such sanitary district as
recommended by the general superintendent and approved by the
board of trustees.
However, the sanitary district may enter into a lease of
a building or a part thereof, or acquire title to a building
already constructed or to be constructed, for the purpose of
securing office space for its administrative corporate
functions, the period of such lease not to exceed 15 years
except as authorized by the provisions of Section 8b of this
Act. In the event of the purchase of such property for
administrative corporate functions, the sanitary district may
execute a mortgage or other documents of indebtedness as may
be required for the unpaid balance, to be paid in not more
than 15 annual installments. Annual installments on the
mortgage or annual payment on the lease shall be considered a
current corporate expense of the year in which they are to be
paid, and the amount of such annual installment or payment
shall be included in the Annual Appropriation and Corporate
Tax Levy Ordinances. Such expense may be incurred,
notwithstanding the provisions, if any applicable, contained
in any other Sections of this Act.
The sanitary district may dedicate to the public for
highway purposes any of its real property and the dedications
may be made subject to such conditions and the retention of
such interests therein as considered in the best interests of
the sanitary district by the board of trustees upon
recommendation of the general superintendent.
The sanitary district may lease to others for any period
of time, not to exceed 99 years, upon the terms as its board
of trustees upon recommendation of the general superintendent
may determine, any such real property, right-of-way or
privilege, or any interest therein or any part thereof, which
is in the opinion of the board of trustees and general
superintendent of the sanitary district no longer required
for its corporate purposes or which may not be immediately
needed for such purposes. The leases may contain such
conditions and retain such interests therein as considered in
the best interests of the sanitary district by the board of
trustees upon recommendation of the general superintendent.
Negotiations and execution of such leases and preparatory
activities in connection therewith must comply with Section
8c of this Act. The sanitary district may grant easements and
permits for the use of any such real property, right-of-way,
or privilege, which will not in the opinion of the board of
trustees and general superintendent of the sanitary district
interfere with the use thereof by the sanitary district for
its corporate purposes. Such easements and permits may
contain such conditions and retain such interests therein as
considered in the best interests of the sanitary district by
the board of trustees upon recommendation of the general
superintendent.
No sales, vacations, dedications for highway purposes, or
leases for periods in excess of 5 years, of the following
described real estate, may be made or granted by the sanitary
district without the approval in writing of the Director of
Natural Resources of the State of Illinois:
All the right-of-way of the Calumet-Sag Channel of the
sanitary district extending from the Little Calumet River
near Blue Island, Illinois, to the right-of-way of the main
channel of the sanitary district near Sag, Illinois.
Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
lying northeasterly of a tract of land leased to the Corn
Products Manufacturing Company from January 1, 1908, to
December 31, 2006; 1000 feet of Lot 141 lying southwesterly
of and adjoining the above mentioned leased tract measured
parallel with the main channel of the sanitary district; Lots
166, 168, 207, 208, and part of Lot 211 lying northeasterly
of a line 1500 feet southwesterly of the center line of
Stephen Street, Lemont, Illinois, and parallel with said
street measured parallel with said main channel; and Lot 212
of the Sanitary District Trustees Subdivision of right-of-way
from the north and south center line of Section 30, Township
39 North, Range 14 East of the Third Principal Meridian, to
Will County line.
That part of the right-of-way of the main channel of the
sanitary district in Section 14, Township 37 North, Range 11
East of the Third Principal Meridian, lying southerly of said
main channel, northerly of the Northerly Reserve Line of the
Illinois and Michigan Canal, and westerly of the Center line
of the old channel of the Des Plaines River.
That part of said main channel right-of-way in Section
35, Township 37 North, Range 10 East of the Third Principal
Meridian, lying east of said main channel and south of a line
1,319.1 feet north of and parallel with the south line of
said Section 35.
That part of said main channel right-of-way in the
northeast quarter of the northwest quarter of Section 2,
Township 36 North, Range 10 East of the Third Principal
Meridian, lying east of said main channel.
That part of said main channel right-of-way lying south
of Ninth Street in Lockport, Illinois.
The sanitary district may sell real estate that (i) is
not necessary for the functions of the district and (ii) has
been declared surplus by the district's governing body. The
proceeds from the sale of the surplus real estate may be
deposited into a revolving fund that shall be known as the
Local Improvement Revolving Loan Fund. The sanitary district
shall have the authority to deposit additional surplus funds
into the Local Improvement Revolving Loan Fund. The sanitary
district shall establish a Local Improvement Loan Program to
make loans from the Local Improvement Revolving Loan Fund to
municipalities and other units of local government to
rehabilitate the local sewerage systems within their
boundaries. The sanitary district shall establish reasonable
rules to administer the program, including without limitation
criteria for the eligibility for a loan and the interest
rate. The interest rate established by the district must be
lower than the market rate. Notwithstanding any other law, if
any surplus real estate is located in an unincorporated
territory and if that real estate is contiguous to only one
municipality, 60 days before the sale of that real estate,
the sanitary district shall notify in writing the contiguous
municipality of the proposed sale. Prior to the sale of the
real estate, the municipality shall notify in writing the
sanitary district that the municipality will or will not
annex the surplus real estate. If the contiguous municipality
will annex such surplus real estate, then coincident with the
completion of the sale of that real estate by the sanitary
district, that real estate shall be automatically annexed to
the contiguous municipality.
All sales of real estate by such sanitary district must
be for cash, to the highest bidder upon open competitive
bids, and the proceeds of the sales, except the proceeds from
the sale of surplus real estate, may be used only for the
construction and equipment of sewage disposal plants, pumping
stations and intercepting sewers and appurtenances thereto,
and the acquisition of sites and easements therefor.
However, the sanitary district may:
(a) Remise, release, quit claim and convey, without the
approval of the Department of Natural Resources of the State
of Illinois acting by and through its Director, to the United
States of America without any consideration to be paid
therefor, in aid of the widening of the Calumet-Sag Channel
of the sanitary district by the United States of America, all
those certain lands, tenements and hereditaments of every
kind and nature of that portion of the established
right-of-way of the Calumet-Sag Channel lying east of the
east line of Ashland Avenue, in Blue Island, Illinois, and
south of the center line of the channel except such portion
thereof as is needed for the operation and maintenance of and
access to the controlling works lock of the sanitary
district;
(b) Without the approval of the Department of Natural
Resources of the State of Illinois acting by and through its
Director, give and grant to the United States of America
without any consideration to be paid therefor the right,
privilege and authority to widen the Calumet-Sag Channel and
for that purpose to enter upon and use in the work of such
widening and for the disposal of spoil therefrom all that
part of the right-of-way of the Calumet-Sag Channel owned by
the sanitary district lying south of the center line of the
Calumet-Sag Channel from its connection with the main channel
of the sanitary district to the east line of Ashland Avenue
in Blue Island, Illinois;
(c) Make alterations to any structure made necessary by
such widening and to construct, reconstruct or otherwise
alter the existing highway bridges of the sanitary district
across the Calumet-Sag Channel;
(d) Give and grant to the United States of America
without any consideration to be paid therefor the right to
maintain the widened Calumet-Sag Channel without the
occupation or use of or jurisdiction over any property of the
sanitary district adjoining and adjacent to such widened
channel;
(e) Acquire by lease, purchase, condemnation or
otherwise, whatever land, easements or rights of way, not
presently owned by it, that may be required by the United
States of America in constructing the Calumet-Sag Navigation
Project, as approved in Public Law 525, 79th Congress, Second
Session as described in House Document No. 677 for widening
and dredging the Calumet-Sag Channel, in improving the Little
Calumet River between the eastern end of the Sag Channel and
Turning Basin No. 5, and in improving the Calumet River
between Calumet Harbor and Lake Calumet;
(f) Furnish free of cost to the United States all lands,
easements, rights-of-way and soil disposal areas necessary
for the new work and for subsequent maintenance by the United
States;
(g) Provide for the necessary relocations of all
utilities.
Whatever land acquired by the sanitary district may
thereafter be determined by the Board of Trustees upon
recommendation of the general superintendent as not being
needed by the United States for the purposes of constructing
and maintaining the Calumet-Sag Navigation Project as above
described, shall be retained by the sanitary district for its
corporate purposes, or be sold, with all convenient speed,
vacated or released (but not leased) as its Board of Trustees
upon recommendation of the general superintendent may
determine: All sales of such real estate must be for cash, to
the highest bidder upon open, competitive bids, and the
proceeds of the sales may be used only for the purpose of
paying principal and interest upon the bonds authorized by
this Act, and if no bonds are then outstanding, for the
purpose of paying principal and interest upon any general
obligation bonds of the sanitary district, and for corporate
purposes of the sanitary district. When the proceeds are used
to pay bonds and interest, proper abatement shall be made in
the taxes next extended for such bonds and interest.
(Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
Section 90. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.