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| Public Act 098-0069
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| HB3370 Enrolled | LRB098 10891 OMW 41416 b |
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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 |
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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 |
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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 |
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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 |
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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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