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1 | AN ACT concerning stormwater management.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||||||||||
5 | Section 18-185 as follows: | ||||||||||||||||||||||||||||||||
6 | (35 ILCS 200/18-185)
| ||||||||||||||||||||||||||||||||
7 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||||||||||||||||||||||||||||
8 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||||||||||||||||||||||||||||
9 | 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 rate | ||||||||||||||||||||||||||||||||
16 | 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 or | ||||||||||||||||||||||||||||||||
19 | more inhabitants.
| ||||||||||||||||||||||||||||||||
20 | "Taxing district" has the same meaning provided in Section | ||||||||||||||||||||||||||||||||
21 | 1-150, except as
otherwise provided in this Section. For the | ||||||||||||||||||||||||||||||||
22 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||||||||||||||||||||||||||||
23 | only each non-home rule taxing district having the
majority of | ||||||||||||||||||||||||||||||||
24 | its
1990 equalized assessed value within any county or counties | ||||||||||||||||||||||||||||||||
25 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||||||||||||||||||||||||||||
26 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||||||||||||||||||||||||||||
27 | only each non-home rule taxing district
subject to this Law | ||||||||||||||||||||||||||||||||
28 | before the 1995 levy year and each non-home rule
taxing | ||||||||||||||||||||||||||||||||
29 | district not subject to this Law before the 1995 levy year | ||||||||||||||||||||||||||||||||
30 | having the
majority of its 1994 equalized assessed value in an | ||||||||||||||||||||||||||||||||
31 | affected county or
counties. Beginning with the levy year in
| ||||||||||||||||||||||||||||||||
32 | which this Law becomes applicable to a taxing district as
|
| |||||||
| |||||||
1 | provided in Section 18-213, "taxing district" also includes | ||||||
2 | those taxing
districts made subject to this Law as provided in | ||||||
3 | 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 for | ||||||
11 | any taxing district to pay
interest or principal on general | ||||||
12 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
13 | any taxing district to pay interest or principal on bonds
| ||||||
14 | issued to refund or continue to refund those bonds issued | ||||||
15 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
16 | interest or principal on bonds
issued to refund or continue to | ||||||
17 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
18 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
19 | principal on revenue bonds issued before October 1, 1991 for | ||||||
20 | payment of
which a property tax levy or the full faith and | ||||||
21 | credit of the unit of local
government is pledged; however, a | ||||||
22 | tax for the payment of interest or principal
on those bonds | ||||||
23 | shall be made only after the governing body of the unit of | ||||||
24 | local
government finds that all other sources for payment are | ||||||
25 | insufficient to make
those payments; (f) made for payments | ||||||
26 | under a building commission lease when
the lease payments are | ||||||
27 | for the retirement of bonds issued by the commission
before | ||||||
28 | October 1, 1991, to pay for the building project; (g) made for | ||||||
29 | payments
due under installment contracts entered into before | ||||||
30 | October 1, 1991;
(h) made for payments of principal and | ||||||
31 | interest on bonds issued under the
Metropolitan Water | ||||||
32 | Reclamation District Act to finance construction projects
| ||||||
33 | initiated before October 1, 1991; (i) made for payments of | ||||||
34 | principal and
interest on limited bonds, as defined in Section | ||||||
35 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
36 | exceed the debt service extension base less
the amount in items |
| |||||||
| |||||||
1 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
2 | obligations, except obligations initially issued pursuant to
| ||||||
3 | referendum; (j) made for payments of principal and interest on | ||||||
4 | bonds
issued under Section 15 of the Local Government Debt | ||||||
5 | Reform Act; (k)
made
by a school district that participates in | ||||||
6 | the Special Education District of
Lake County, created by | ||||||
7 | special education joint agreement under Section
10-22.31 of the | ||||||
8 | School Code, for payment of the school district's share of the
| ||||||
9 | amounts required to be contributed by the Special Education | ||||||
10 | District of Lake
County to the Illinois Municipal Retirement | ||||||
11 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
12 | of any extension under this item (k) shall be
certified by the | ||||||
13 | school district to the county clerk; and (l) made to fund
| ||||||
14 | expenses of providing joint recreational programs for the | ||||||
15 | handicapped under
Section 5-8 of
the
Park District Code or | ||||||
16 | Section 11-95-14 of the Illinois Municipal Code.
| ||||||
17 | "Aggregate extension" for the taxing districts to which | ||||||
18 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
19 | districts subject to this Law
in
accordance with Section | ||||||
20 | 18-213) means the annual corporate extension for the
taxing | ||||||
21 | district and those special purpose extensions that are made | ||||||
22 | annually for
the taxing district, excluding special purpose | ||||||
23 | extensions: (a) made for the
taxing district to pay interest or | ||||||
24 | principal on general obligation bonds that
were approved by | ||||||
25 | referendum; (b) made for any taxing district to pay interest
or | ||||||
26 | principal on general obligation bonds issued before March 1, | ||||||
27 | 1995; (c) made
for any taxing district to pay interest or | ||||||
28 | principal on bonds issued to refund
or continue to refund those | ||||||
29 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
30 | district to pay interest or principal on bonds issued to refund | ||||||
31 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
32 | were approved by
referendum; (e) made for any taxing district | ||||||
33 | to pay interest or principal on
revenue bonds issued before | ||||||
34 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
35 | full faith and credit of the unit of local government is | ||||||
36 | pledged;
however, a tax for the payment of interest or |
| |||||||
| |||||||
1 | principal on those bonds shall be
made only after the governing | ||||||
2 | body of the unit of local government finds that
all other | ||||||
3 | sources for payment are insufficient to make those payments; | ||||||
4 | (f) made
for payments under a building commission lease when | ||||||
5 | the lease payments are for
the retirement of bonds issued by | ||||||
6 | the commission before March 1, 1995 to
pay for the building | ||||||
7 | project; (g) made for payments due under installment
contracts | ||||||
8 | entered into before March 1, 1995; (h) made for payments of
| ||||||
9 | principal and interest on bonds issued under the Metropolitan | ||||||
10 | Water Reclamation
District Act to finance construction | ||||||
11 | projects initiated before October 1,
1991; (h-4) made for | ||||||
12 | stormwater management purposes by the Metropolitan Water | ||||||
13 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
14 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
15 | payments of principal and interest on limited bonds,
as defined | ||||||
16 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
17 | amount
not to exceed the debt service extension base less the | ||||||
18 | amount in items (b),
(c), and (e) of this definition for | ||||||
19 | non-referendum obligations, except
obligations initially | ||||||
20 | issued pursuant to referendum and bonds described in
subsection | ||||||
21 | (h) of this definition; (j) made for payments of
principal and | ||||||
22 | interest on bonds issued under Section 15 of the Local | ||||||
23 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
24 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
25 | issued under Section 20a of the Chicago
Park District Act for | ||||||
26 | aquarium or
museum projects; (l) made for payments of principal | ||||||
27 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
28 | 93-601
this amendatory Act of the 93rd General
Assembly and (i) | ||||||
29 | issued pursuant to Section 21.2 of the Cook County Forest
| ||||||
30 | Preserve District Act, (ii) issued under Section 42 of the Cook | ||||||
31 | County
Forest Preserve District Act for zoological park | ||||||
32 | projects, or (iii) issued
under Section 44.1 of the Cook County | ||||||
33 | Forest Preserve District Act for
botanical gardens projects; | ||||||
34 | (m) made
pursuant
to Section 34-53.5 of the School Code, | ||||||
35 | whether levied annually or not;
(n) made to fund expenses of | ||||||
36 | providing joint recreational programs for the
handicapped |
| |||||||
| |||||||
1 | under Section 5-8 of the Park
District Code or Section 11-95-14 | ||||||
2 | of the Illinois Municipal Code;
and (o) made by the
Chicago | ||||||
3 | Park
District for recreational programs for the handicapped | ||||||
4 | under subsection (c) of
Section
7.06 of the Chicago Park | ||||||
5 | District Act.
| ||||||
6 | "Aggregate extension" for all taxing districts to which | ||||||
7 | this Law applies in
accordance with Section 18-213, except for | ||||||
8 | those taxing districts subject to
paragraph (2) of subsection | ||||||
9 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
10 | the
taxing district and those special purpose extensions that | ||||||
11 | are made annually for
the taxing district, excluding special | ||||||
12 | purpose extensions: (a) made for the
taxing district to pay | ||||||
13 | interest or principal on general obligation bonds that
were | ||||||
14 | approved by referendum; (b) made for any taxing district to pay | ||||||
15 | interest
or principal on general obligation bonds issued before | ||||||
16 | the date on which the
referendum making this
Law applicable to | ||||||
17 | the taxing district is held; (c) made
for any taxing district | ||||||
18 | to pay interest or principal on bonds issued to refund
or | ||||||
19 | continue to refund those bonds issued before the date on which | ||||||
20 | the
referendum making this Law
applicable to the taxing | ||||||
21 | district is held;
(d) made for any
taxing district to pay | ||||||
22 | interest or principal on bonds issued to refund or
continue to | ||||||
23 | refund bonds issued after the date on which the referendum | ||||||
24 | making
this Law
applicable to the taxing district is held if | ||||||
25 | the bonds were approved by
referendum after the date on which | ||||||
26 | the referendum making this Law
applicable to the taxing | ||||||
27 | district is held; (e) made for any
taxing district to pay | ||||||
28 | interest or principal on
revenue bonds issued before the date | ||||||
29 | on which the referendum making this Law
applicable to the
| ||||||
30 | taxing district is held for payment of which a property tax
| ||||||
31 | levy or the full faith and credit of the unit of local | ||||||
32 | government is pledged;
however, a tax for the payment of | ||||||
33 | interest or principal on those bonds shall be
made only after | ||||||
34 | the governing body of the unit of local government finds that
| ||||||
35 | all other sources for payment are insufficient to make those | ||||||
36 | payments; (f) made
for payments under a building commission |
| |||||||
| |||||||
1 | lease when the lease payments are for
the retirement of bonds | ||||||
2 | issued by the commission before the date on which the
| ||||||
3 | referendum making this
Law applicable to the taxing district is | ||||||
4 | held to
pay for the building project; (g) made for payments due | ||||||
5 | under installment
contracts entered into before the date on | ||||||
6 | which the referendum making this Law
applicable to
the taxing | ||||||
7 | district is held;
(h) made for payments
of principal and | ||||||
8 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
9 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
10 | service extension base less the amount in items (b),
(c), and | ||||||
11 | (e) of this definition for non-referendum obligations, except
| ||||||
12 | obligations initially issued pursuant to referendum; (i) made | ||||||
13 | for payments
of
principal and interest on bonds issued under | ||||||
14 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
15 | for a qualified airport authority to pay interest or principal | ||||||
16 | on
general obligation bonds issued for the purpose of paying | ||||||
17 | obligations due
under, or financing airport facilities | ||||||
18 | required to be acquired, constructed,
installed or equipped | ||||||
19 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
20 | not including any amendments to such a contract taking effect | ||||||
21 | on
or after that date); and (k) made to fund expenses of | ||||||
22 | providing joint
recreational programs for the handicapped | ||||||
23 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
24 | of the Illinois Municipal Code.
| ||||||
25 | "Aggregate extension" for all taxing districts to which | ||||||
26 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
27 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
28 | the
taxing district and those special purpose extensions that | ||||||
29 | are made annually for
the taxing district, excluding special | ||||||
30 | purpose extensions: (a) made for the
taxing district to pay | ||||||
31 | interest or principal on general obligation bonds that
were | ||||||
32 | approved by referendum; (b) made for any taxing district to pay | ||||||
33 | interest
or principal on general obligation bonds issued before | ||||||
34 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
35 | any taxing district to pay interest or principal on bonds | ||||||
36 | issued to refund
or continue to refund those bonds issued |
| |||||||
| |||||||
1 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
2 | made for any
taxing district to pay interest or principal on | ||||||
3 | bonds issued to refund or
continue to refund bonds issued after | ||||||
4 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
5 | were approved by referendum after the effective date of
this | ||||||
6 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
7 | interest or principal on
revenue bonds issued before the | ||||||
8 | effective date of this amendatory Act of 1997
for payment of | ||||||
9 | which a property tax
levy or the full faith and credit of the | ||||||
10 | unit of local government is pledged;
however, a tax for the | ||||||
11 | payment of interest or principal on those bonds shall be
made | ||||||
12 | only after the governing body of the unit of local government | ||||||
13 | finds that
all other sources for payment are insufficient to | ||||||
14 | make those payments; (f) made
for payments under a building | ||||||
15 | commission lease when the lease payments are for
the retirement | ||||||
16 | of bonds issued by the commission before the effective date
of | ||||||
17 | this amendatory Act of 1997
to
pay for the building project; | ||||||
18 | (g) made for payments due under installment
contracts entered | ||||||
19 | into before the effective date of this amendatory Act of
1997;
| ||||||
20 | (h) made for payments
of principal and interest on limited | ||||||
21 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
22 | Reform Act, in an amount
not to exceed the debt service | ||||||
23 | extension base less the amount in items (b),
(c), and (e) of | ||||||
24 | this definition for non-referendum obligations, except
| ||||||
25 | obligations initially issued pursuant to referendum; (i) made | ||||||
26 | for payments
of
principal and interest on bonds issued under | ||||||
27 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
28 | for a qualified airport authority to pay interest or principal | ||||||
29 | on
general obligation bonds issued for the purpose of paying | ||||||
30 | obligations due
under, or financing airport facilities | ||||||
31 | required to be acquired, constructed,
installed or equipped | ||||||
32 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
33 | not including any amendments to such a contract taking effect | ||||||
34 | on
or after that date); and (k) made to fund expenses of | ||||||
35 | providing joint
recreational programs for the handicapped | ||||||
36 | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
| |||||||
| |||||||
1 | of the Illinois Municipal Code.
| ||||||
2 | "Debt service extension base" means an amount equal to that | ||||||
3 | portion of the
extension for a taxing district for the 1994 | ||||||
4 | levy year, or for those taxing
districts subject to this Law in | ||||||
5 | accordance with Section 18-213, except for
those subject to | ||||||
6 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
7 | year in which the referendum making this Law applicable to the | ||||||
8 | taxing district
is held, or for those taxing districts subject | ||||||
9 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
10 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
11 | extension for payment of principal and interest on bonds issued | ||||||
12 | by the taxing
district without referendum, but not including | ||||||
13 | excluded non-referendum bonds. For park districts (i) that were | ||||||
14 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
15 | extension for the 1994 levy
year for the payment of principal | ||||||
16 | and interest on bonds issued by the park
district without | ||||||
17 | referendum (but not including excluded non-referendum bonds)
| ||||||
18 | was less than 51% of the amount for the 1991 levy year | ||||||
19 | constituting an
extension for payment of principal and interest | ||||||
20 | on bonds issued by the park
district without referendum (but | ||||||
21 | not including excluded non-referendum bonds),
"debt service | ||||||
22 | extension base" means an amount equal to that portion of the
| ||||||
23 | extension for the 1991 levy year constituting an extension for | ||||||
24 | payment of
principal and interest on bonds issued by the park | ||||||
25 | district without referendum
(but not including excluded | ||||||
26 | non-referendum bonds). The debt service extension
base may be | ||||||
27 | established or increased as provided under Section 18-212.
| ||||||
28 | "Excluded non-referendum bonds" means (i) bonds authorized by | ||||||
29 | Public
Act 88-503 and issued under Section 20a of the Chicago | ||||||
30 | Park District Act for
aquarium and museum projects; (ii) bonds | ||||||
31 | issued under Section 15 of the
Local Government Debt Reform | ||||||
32 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
33 | continue to refund obligations initially issued pursuant to
| ||||||
34 | referendum.
| ||||||
35 | "Special purpose extensions" include, but are not limited | ||||||
36 | to, extensions
for levies made on an annual basis for |
| |||||||
| |||||||
1 | unemployment and workers'
compensation, self-insurance, | ||||||
2 | contributions to pension plans, and extensions
made pursuant to | ||||||
3 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
4 | district's permanent road fund whether levied annually or not. | ||||||
5 | The
extension for a special service area is not included in the
| ||||||
6 | aggregate extension.
| ||||||
7 | "Aggregate extension base" means the taxing district's | ||||||
8 | last preceding
aggregate extension as adjusted under Sections | ||||||
9 | 18-215 through 18-230.
| ||||||
10 | "Levy year" has the same meaning as "year" under Section
| ||||||
11 | 1-155.
| ||||||
12 | "New property" means (i) the assessed value, after final | ||||||
13 | board of review or
board of appeals action, of new improvements | ||||||
14 | or additions to existing
improvements on any parcel of real | ||||||
15 | property that increase the assessed value of
that real property | ||||||
16 | during the levy year multiplied by the equalization factor
| ||||||
17 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
18 | value, after
final board of review or board of appeals action, | ||||||
19 | of real property not exempt
from real estate taxation, which | ||||||
20 | real property was exempt from real estate
taxation for any | ||||||
21 | portion of the immediately preceding levy year, multiplied by
| ||||||
22 | the equalization factor issued by the Department under Section | ||||||
23 | 17-30, and
(iii) in counties that classify in accordance with | ||||||
24 | Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
25 | incentive property's additional assessed value
resulting from | ||||||
26 | a
scheduled increase in the level of assessment as applied to | ||||||
27 | the first year
final board of
review market value.
In addition, | ||||||
28 | the county clerk in a county containing a population of
| ||||||
29 | 3,000,000 or more shall include in the 1997
recovered tax | ||||||
30 | increment value for any school district, any recovered tax
| ||||||
31 | increment value that was applicable to the 1995 tax year | ||||||
32 | calculations.
| ||||||
33 | "Qualified airport authority" means an airport authority | ||||||
34 | organized under
the Airport Authorities Act and located in a | ||||||
35 | county bordering on the State of
Wisconsin and having a | ||||||
36 | population in excess of 200,000 and not greater than
500,000.
|
| |||||||
| |||||||
1 | "Recovered tax increment value" means, except as otherwise | ||||||
2 | provided in this
paragraph, the amount of the current year's | ||||||
3 | equalized assessed value, in the
first year after a | ||||||
4 | municipality terminates
the designation of an area as a | ||||||
5 | redevelopment project area previously
established under the | ||||||
6 | Tax Increment Allocation Development Act in the Illinois
| ||||||
7 | Municipal Code, previously established under the Industrial | ||||||
8 | Jobs Recovery Law
in the Illinois Municipal Code, or previously | ||||||
9 | established under the Economic
Development Area Tax Increment | ||||||
10 | Allocation Act, of each taxable lot, block,
tract, or parcel of | ||||||
11 | real property in the redevelopment project area over and
above | ||||||
12 | the initial equalized assessed value of each property in the
| ||||||
13 | redevelopment project area.
For the taxes which are extended | ||||||
14 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
15 | non-home rule taxing district that first became subject
to this | ||||||
16 | Law for the 1995 levy year because a majority of its 1994 | ||||||
17 | equalized
assessed value was in an affected county or counties | ||||||
18 | shall be increased if a
municipality terminated the designation | ||||||
19 | of an area in 1993 as a redevelopment
project area previously | ||||||
20 | established under the Tax Increment Allocation
Development Act | ||||||
21 | in the Illinois Municipal Code, previously established under
| ||||||
22 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
23 | Code, or previously
established under the Economic Development | ||||||
24 | Area Tax Increment Allocation Act,
by an amount equal to the | ||||||
25 | 1994 equalized assessed value of each taxable lot,
block, | ||||||
26 | tract, or parcel of real property in the redevelopment project | ||||||
27 | area over
and above the initial equalized assessed value of | ||||||
28 | each property in the
redevelopment project area.
In the first | ||||||
29 | year after a municipality
removes a taxable lot, block, tract, | ||||||
30 | or parcel of real property from a
redevelopment project area | ||||||
31 | established under the Tax Increment Allocation
Development Act | ||||||
32 | in the Illinois
Municipal Code, the Industrial Jobs Recovery | ||||||
33 | Law
in the Illinois Municipal Code, or the Economic
Development | ||||||
34 | Area Tax Increment Allocation Act, "recovered tax increment | ||||||
35 | value"
means the amount of the current year's equalized | ||||||
36 | assessed value of each taxable
lot, block, tract, or parcel of |
| |||||||
| |||||||
1 | real property removed from the redevelopment
project area over | ||||||
2 | and above the initial equalized assessed value of that real
| ||||||
3 | property before removal from the redevelopment project area.
| ||||||
4 | Except as otherwise provided in this Section, "limiting | ||||||
5 | rate" means a
fraction the numerator of which is the last
| ||||||
6 | preceding aggregate extension base times an amount equal to one | ||||||
7 | plus the
extension limitation defined in this Section and the | ||||||
8 | denominator of which
is the current year's equalized assessed | ||||||
9 | value of all real property in the
territory under the | ||||||
10 | jurisdiction of the taxing district during the prior
levy year. | ||||||
11 | For those taxing districts that reduced their aggregate
| ||||||
12 | extension for the last preceding levy year, the highest | ||||||
13 | aggregate extension
in any of the last 3 preceding levy years | ||||||
14 | shall be used for the purpose of
computing the limiting rate. | ||||||
15 | The denominator shall not include new
property. The denominator | ||||||
16 | shall not include the recovered tax increment
value.
| ||||||
17 | (Source: P.A. 92-547, eff. 6-13-02; 93-601, eff. 1-1-04; | ||||||
18 | 93-606, eff. 11-18-03; 93-612, eff. 11-18-03; revised | ||||||
19 | 12-10-03.)
| ||||||
20 | Section 10. The Counties Code is amended by changing | ||||||
21 | Sections 5-1062 and 5-1062.1 as follows:
| ||||||
22 | (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
| ||||||
23 | Sec. 5-1062. Stormwater management.
| ||||||
24 | (a) The purpose of this Section is to allow management and | ||||||
25 | mitigation of the
effects of urbanization on stormwater | ||||||
26 | drainage in metropolitan counties located
in the area served by | ||||||
27 | the Northeastern Illinois Planning Commission, and
references | ||||||
28 | to "county" in this Section shall apply only to those counties.
| ||||||
29 | This Section shall not apply to any county with a population in | ||||||
30 | excess of
1,500,000, except as provided in subsection (c). The | ||||||
31 | purpose of this Section
shall be achieved by:
| ||||||
32 | (1) consolidating the existing stormwater management | ||||||
33 | framework into a
united, countywide structure;
| ||||||
34 | (2) setting minimum standards for floodplain and |
| |||||||
| |||||||
1 | stormwater management;
and
| ||||||
2 | (3) preparing a countywide plan for the management of | ||||||
3 | stormwater runoff,
including the management of natural and | ||||||
4 | man-made drainageways. The countywide
plan may incorporate | ||||||
5 | watershed plans.
| ||||||
6 | (b) A stormwater management planning committee shall be | ||||||
7 | established by
county board resolution, with its membership | ||||||
8 | consisting of equal numbers of
county board and municipal | ||||||
9 | representatives from each county board
district, and such other | ||||||
10 | members as may be determined by the county and
municipal | ||||||
11 | members. However, if the county has more than 6 county board
| ||||||
12 | districts, the county board may by ordinance divide the county | ||||||
13 | into not
less than 6 areas of approximately equal population, | ||||||
14 | to be used instead of
county board districts for the purpose of | ||||||
15 | determining representation on the
stormwater management | ||||||
16 | planning committee.
| ||||||
17 | The county board members shall be appointed by the chairman | ||||||
18 | of the county
board. Municipal members from each county board | ||||||
19 | district or other
represented area shall be appointed by a | ||||||
20 | majority vote of the mayors of
those municipalities which have | ||||||
21 | the greatest percentage of their respective
populations | ||||||
22 | residing in such county board district or other represented
| ||||||
23 | area. All municipal and county board representatives shall be | ||||||
24 | entitled
to a vote; the other members shall be nonvoting | ||||||
25 | members, unless authorized
to vote by the unanimous consent of | ||||||
26 | the municipal and county board
representatives. A municipality | ||||||
27 | that is located in more than one county may
choose, at the time | ||||||
28 | of formation of the stormwater management planning
committee | ||||||
29 | and based on watershed boundaries, to participate in the
| ||||||
30 | stormwater management planning program of either or both of the | ||||||
31 | counties.
Subcommittees of the stormwater management planning | ||||||
32 | committee may be
established to serve a portion of the county | ||||||
33 | or a particular drainage basin
that has similar stormwater | ||||||
34 | management needs. The stormwater management
planning committee | ||||||
35 | shall adopt by-laws, by a majority vote of the county and
| ||||||
36 | municipal members, to govern the functions of the committee and |
| |||||||
| |||||||
1 | its
subcommittees. Officers of the committee shall include a | ||||||
2 | chair and vice chair,
one of whom shall be a county | ||||||
3 | representative and one a municipal
representative.
| ||||||
4 | The principal duties of the committee shall be to develop a | ||||||
5 | stormwater
management plan for presentation to and approval by | ||||||
6 | the county board, and
to direct the plan's implementation and | ||||||
7 | revision. The committee may retain
engineering, legal and | ||||||
8 | financial advisors and inspection personnel. The
committee | ||||||
9 | shall meet at least quarterly and shall hold at least one | ||||||
10 | public
meeting during the preparation of the plan and prior to | ||||||
11 | its submittal to the
county board.
| ||||||
12 | (c) In the preparation of a stormwater management plan, a | ||||||
13 | county
stormwater management planning committee shall | ||||||
14 | coordinate the planning
process with each adjoining county to | ||||||
15 | ensure that recommended stormwater
projects will have no | ||||||
16 | significant impact on the levels or flows of
stormwaters in | ||||||
17 | inter-county watersheds or on the capacity of existing and
| ||||||
18 | planned stormwater retention facilities. An adopted stormwater | ||||||
19 | management
plan shall identify steps taken by the county to | ||||||
20 | coordinate the development
of plan recommendations with | ||||||
21 | adjoining counties.
| ||||||
22 | Within one year after the effective date of this amendatory | ||||||
23 | Act of the 93rd General Assembly, each of those counties | ||||||
24 | located within the area served by the Northeastern Illinois | ||||||
25 | Planning Commission having a population in excess of 400,000 | ||||||
26 | shall have entered into an agreement with each of the other | ||||||
27 | such counties setting standards to control stormwater runoff so | ||||||
28 | as not to cause flood damage to adjacent counties. In the case | ||||||
29 | of any county having a population in excess of 1,500,000, the | ||||||
30 | agreement shall be negotiated and entered into by the sanitary | ||||||
31 | district in that county organized under the Metropolitan Water | ||||||
32 | Reclamation District Act, rather than by the county board. If | ||||||
33 | any such county and the sanitary district do not enter into an | ||||||
34 | agreement within the time specified, then upon petition by any | ||||||
35 | such county or sanitary district to the Department of | ||||||
36 | Transportation, the Department shall set the standards not |
| |||||||
| |||||||
1 | later than 6 months following the date of the petition. The | ||||||
2 | petition to the Department shall include a history of the | ||||||
3 | attempts that were made to reach agreement, recommended | ||||||
4 | standards to control stormwater so as not to increase flood | ||||||
5 | damage, and technical information to support the recommended | ||||||
6 | standards to control stormwater runoff. The Department may, at | ||||||
7 | its discretion, hold a hearing to obtain information from | ||||||
8 | counties, sanitary districts, and other interested and | ||||||
9 | affected parties on the proposed standards to control | ||||||
10 | stormwater runoff. A home rule unit may not regulate stormwater | ||||||
11 | runoff in a manner inconsistent with this paragraph. This | ||||||
12 | paragraph is a limitation under subsection (i) of Section 6 of | ||||||
13 | Article VII of the Illinois Constitution on the concurrent | ||||||
14 | exercise by home rule units of powers and functions exercised | ||||||
15 | by the State.
| ||||||
16 | (d) Before the stormwater management planning committee | ||||||
17 | recommends to the
county board a stormwater management plan for | ||||||
18 | the county or a portion thereof,
it shall submit the plan to | ||||||
19 | the Office of Water Resources of the Department of Natural | ||||||
20 | Resources and to the Northeastern Illinois Planning
Commission | ||||||
21 | for review and recommendations. The Office
and the Commission, | ||||||
22 | in reviewing the plan, shall consider such factors as
impacts | ||||||
23 | on the levels or flows in rivers and streams and the cumulative | ||||||
24 | effects
of stormwater discharges on flood levels. The Office of | ||||||
25 | Water Resources shall determine whether the
plan or ordinances | ||||||
26 | enacted to implement the plan complies with the requirements
of | ||||||
27 | subsection (f). Within a period not to exceed 60 days, the | ||||||
28 | review comments
and recommendations shall be submitted to the | ||||||
29 | stormwater management planning
committee for consideration. | ||||||
30 | Any amendments to the plan shall be
submitted to the Office and | ||||||
31 | the Commission for review.
| ||||||
32 | (e) Prior to recommending the plan to the county board, the | ||||||
33 | stormwater
management planning committee shall hold at least | ||||||
34 | one public hearing thereon
and shall afford interested persons | ||||||
35 | an opportunity to be heard. The hearing
shall be held in the | ||||||
36 | county seat. Notice of the hearing shall be published at
least |
| |||||||
| |||||||
1 | once no less than 15 days in advance thereof in a newspaper of | ||||||
2 | general
circulation published in the county. The notice shall | ||||||
3 | state the time and place
of the hearing and the place where | ||||||
4 | copies of the proposed plan will be
accessible for examination | ||||||
5 | by interested parties. If an affected municipality
having a | ||||||
6 | stormwater management plan adopted by ordinance wishes to | ||||||
7 | protest the
proposed county plan provisions, it shall appear at | ||||||
8 | the hearing and submit in
writing specific proposals to the | ||||||
9 | stormwater management planning committee.
After consideration | ||||||
10 | of the matters raised at the hearing, the committee may
amend | ||||||
11 | or approve the plan and recommend it to the county board for | ||||||
12 | adoption.
| ||||||
13 | The county board may enact the proposed plan by ordinance. | ||||||
14 | If the
proposals for modification of the plan made by an | ||||||
15 | affected municipality having
a stormwater management plan are | ||||||
16 | not included in the proposed county plan,
and the municipality | ||||||
17 | affected by the plan opposes adoption of the county
plan by | ||||||
18 | resolution of its corporate authorities, approval of
the county | ||||||
19 | plan shall require an affirmative vote of at least two-thirds | ||||||
20 | of the
county board members present and voting. If the county | ||||||
21 | board wishes to
amend the county plan, it shall submit in | ||||||
22 | writing specific proposals to the
stormwater management | ||||||
23 | planning committee. If the proposals are not
approved by the | ||||||
24 | committee, or are opposed by resolution of the corporate
| ||||||
25 | authorities of an affected municipality having a municipal | ||||||
26 | stormwater
management plan, amendment of the plan shall require | ||||||
27 | an affirmative vote of
at least two-thirds of the county board | ||||||
28 | members present and voting.
| ||||||
29 | (f) The county board may prescribe by ordinance reasonable | ||||||
30 | rules and
regulations for floodplain management and for | ||||||
31 | governing the location,
width, course and release rate of all | ||||||
32 | stormwater runoff channels, streams
and basins in the county, | ||||||
33 | in accordance with the adopted stormwater
management plan. | ||||||
34 | These rules and regulations shall, at a minimum, meet
the | ||||||
35 | standards for floodplain management established by the Office | ||||||
36 | of Water Resources and
the requirements of the Federal |
| |||||||
| |||||||
1 | Emergency Management Agency for participation
in the National | ||||||
2 | Flood Insurance Program.
| ||||||
3 | (g) In accordance with, and if recommended in, the adopted | ||||||
4 | stormwater
management plan, the county board may adopt a | ||||||
5 | schedule of fees
as may be necessary to mitigate the effects of | ||||||
6 | increased stormwater runoff
resulting from new development. | ||||||
7 | The fees shall not exceed the cost of
satisfying the onsite | ||||||
8 | stormwater retention or detention requirements of the
adopted | ||||||
9 | stormwater management plan. The fees shall be used to finance
| ||||||
10 | activities undertaken by the county or its included | ||||||
11 | municipalities to
mitigate the effects of urban stormwater | ||||||
12 | runoff by providing regional
stormwater retention or detention | ||||||
13 | facilities, as identified in the county
plan. All such fees | ||||||
14 | collected by the county shall be held in a separate fund,
and | ||||||
15 | shall be expended only in the watershed within which they were | ||||||
16 | collected.
| ||||||
17 | (h) For the purpose of implementing this Section and for | ||||||
18 | the
development, design, planning, construction, operation and | ||||||
19 | maintenance of
stormwater facilities provided for in the | ||||||
20 | stormwater management plan, a
county board that has established | ||||||
21 | a stormwater management planning
committee pursuant to this | ||||||
22 | Section may cause an annual tax of not to exceed
0.20% of the | ||||||
23 | value, as equalized or assessed by the Department of Revenue,
| ||||||
24 | of all taxable property in the county to be levied upon all the | ||||||
25 | taxable
property in the county. The tax shall be in addition to | ||||||
26 | all other taxes
authorized by law to be levied and collected in | ||||||
27 | the county and shall be in
addition to the maximum tax rate | ||||||
28 | authorized by law for general county
purposes. The 0.20% | ||||||
29 | limitation provided in this Section may be increased
or | ||||||
30 | decreased by referendum in accordance with the provisions of | ||||||
31 | Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
| ||||||
32 | Any revenues generated as a result of ownership or | ||||||
33 | operation of facilities
or land acquired with the tax funds | ||||||
34 | collected pursuant to this subsection
(h) shall be held in a | ||||||
35 | separate fund and be used either to abate such
property tax or | ||||||
36 | for implementing this Section.
|
| |||||||
| |||||||
1 | However, unless at least part of the county has been | ||||||
2 | declared after
July 1, 1986 by presidential proclamation to be | ||||||
3 | a disaster area as a result
of flooding, the tax authorized by | ||||||
4 | this subsection (h) shall not be levied
until the question of | ||||||
5 | its adoption, either for a specified period or
indefinitely, | ||||||
6 | has been submitted to the electors thereof and approved by a
| ||||||
7 | majority of those voting on the question. This question may be | ||||||
8 | submitted
at any election held in the county after the adoption | ||||||
9 | of a resolution by
the county board providing for the | ||||||
10 | submission of the question to the
electors of the county. The | ||||||
11 | county board shall certify the resolution and
proposition to | ||||||
12 | the proper election officials, who shall submit the
proposition | ||||||
13 | at an election in accordance with the general election law. If
| ||||||
14 | a majority of the votes cast on the question is in favor of the | ||||||
15 | levy of
the tax, it may thereafter be levied in the county for | ||||||
16 | the specified
period or indefinitely, as provided in the | ||||||
17 | proposition. The question shall
be put in substantially the | ||||||
18 | following form:
| ||||||
19 | -------------------------------------------------------------
| ||||||
20 | Shall an annual tax be levied
| ||||||
21 | for stormwater management purposes YES
| ||||||
22 | (for a period of not more than
| ||||||
23 | ...... years) at a rate not exceeding ------------------
| ||||||
24 | .....% of the equalized assessed
| ||||||
25 | value of the taxable property of NO
| ||||||
26 | ........ County?
| ||||||
27 | -------------------------------------------------------------
| ||||||
28 | (i) Upon the creation and implementation of a county | ||||||
29 | stormwater management
plan, the county may petition the circuit | ||||||
30 | court to dissolve any or all drainage
districts created | ||||||
31 | pursuant to the Illinois Drainage Code or predecessor Acts
| ||||||
32 | which are located entirely within the area of the county | ||||||
33 | covered by the plan.
| ||||||
34 | However, any active drainage district implementing a plan | ||||||
35 | that is
consistent with and at least as stringent as the county | ||||||
36 | stormwater
management plan may petition the stormwater |
| |||||||
| |||||||
1 | management planning committee
for exception from dissolution. | ||||||
2 | Upon filing of the petition, the committee
shall set a date for | ||||||
3 | hearing not less than 2 weeks, nor more than 4 weeks,
from the | ||||||
4 | filing thereof, and the committee shall give at least one | ||||||
5 | week's
notice of the hearing in one or more newspapers of | ||||||
6 | general circulation
within the district, and in addition shall | ||||||
7 | cause a copy of the notice to be
personally served upon each of | ||||||
8 | the trustees of the district. At the
hearing, the committee | ||||||
9 | shall hear the district's petition and allow the
district | ||||||
10 | trustees and any interested parties an opportunity to present | ||||||
11 | oral
and written evidence. The committee shall render its | ||||||
12 | decision upon the
petition for exception from dissolution based | ||||||
13 | upon the best interests of
the residents of the district. In | ||||||
14 | the event that the exception is not
allowed, the district may | ||||||
15 | file a petition within 30 days of the decision
with the circuit | ||||||
16 | court. In that case, the notice and hearing requirements
for | ||||||
17 | the court shall be the same as herein provided for the | ||||||
18 | committee.
The court shall likewise render its decision of | ||||||
19 | whether to dissolve the
district based upon the best interests | ||||||
20 | of residents of the district.
| ||||||
21 | The dissolution of any drainage district shall not affect | ||||||
22 | the obligation
of any bonds issued or contracts entered into by | ||||||
23 | the district nor
invalidate the levy, extension or collection | ||||||
24 | of any taxes or special
assessments upon the property in the | ||||||
25 | former drainage district. All property
and obligations of the | ||||||
26 | former drainage district shall be assumed and
managed by the | ||||||
27 | county, and the debts of the former drainage district shall
be | ||||||
28 | discharged as soon as practicable.
| ||||||
29 | If a drainage district lies only partly within a county | ||||||
30 | that adopts a
county stormwater management plan, the county may | ||||||
31 | petition the circuit
court to disconnect from the drainage | ||||||
32 | district that portion of the district
that lies within that | ||||||
33 | county. The property of the drainage district within the
| ||||||
34 | disconnected area shall be assumed and managed by the county. | ||||||
35 | The county shall
also assume a portion of the drainage | ||||||
36 | district's debt at the time of
disconnection, based on the |
| |||||||
| |||||||
1 | portion of the value of the taxable property of the
drainage | ||||||
2 | district which is located within the area being disconnected.
| ||||||
3 | The operations of any drainage district that continues to | ||||||
4 | exist in a
county that has adopted a stormwater management plan | ||||||
5 | in accordance with
this Section shall be in accordance with the | ||||||
6 | adopted plan.
| ||||||
7 | (j) Any county that has adopted a county stormwater | ||||||
8 | management plan
under this Section may, after 10 days written | ||||||
9 | notice to the owner or
occupant, enter upon any lands or waters | ||||||
10 | within the county for the purpose
of inspecting stormwater | ||||||
11 | facilities or causing the removal of any
obstruction to an | ||||||
12 | affected watercourse. The county shall be responsible
for any | ||||||
13 | damages occasioned thereby.
| ||||||
14 | (k) Upon petition of the municipality, and based on a | ||||||
15 | finding of the
stormwater management planning committee, the | ||||||
16 | county shall not enforce
rules and regulations adopted by the | ||||||
17 | county in any municipality located
wholly or partly within the | ||||||
18 | county that has a municipal stormwater
management ordinance | ||||||
19 | that is consistent with and at least as stringent as
the county | ||||||
20 | plan and ordinance, and is being enforced by the municipal
| ||||||
21 | authorities.
| ||||||
22 | (l) A county may issue general obligation bonds for | ||||||
23 | implementing any
stormwater plan adopted under this Section in | ||||||
24 | the manner prescribed in
Section 5-1012; except that the | ||||||
25 | referendum requirement of Section 5-1012 shall
not apply to | ||||||
26 | bonds issued pursuant to this Section on which the principal | ||||||
27 | and
interest are to be paid entirely out of funds generated by | ||||||
28 | the taxes and fees
authorized by this Section.
| ||||||
29 | (m) The powers authorized by this Section may be | ||||||
30 | implemented by the
county board for a portion of the county | ||||||
31 | subject to similar stormwater
management needs.
| ||||||
32 | (n) The powers and taxes authorized by this Section are in | ||||||
33 | addition to the
powers and taxes authorized by Division 5-15; | ||||||
34 | in exercising its powers
under this Section, a county shall not | ||||||
35 | be subject to the restrictions and
requirements of that | ||||||
36 | Division.
|
| |||||||
| |||||||
1 | (o) Pursuant to paragraphs (g) and (i) of Section 6 of | ||||||
2 | Article VII of
the Illinois Constitution, this Section | ||||||
3 | specifically denies and limits the
exercise of any power which | ||||||
4 | is inconsistent herewith by home rule units in
any county with | ||||||
5 | a population of less than 1,500,000 in the area served by
the | ||||||
6 | Northeastern Illinois Planning Commission. This Section does | ||||||
7 | not
prohibit the concurrent exercise of powers consistent | ||||||
8 | herewith.
| ||||||
9 | (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
| ||||||
10 | (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
| ||||||
11 | Sec. 5-1062.1. Stormwater management planning councils in | ||||||
12 | Cook County.
| ||||||
13 | (a) Stormwater management in Cook County shall be conducted | ||||||
14 | as provided in Section 7h of the Metropolitan Water Reclamation | ||||||
15 | District Act. As used in this Section, "District" means the | ||||||
16 | Metropolitan Water Reclamation District of Greater Chicago.
| ||||||
17 | The purpose of this Section is to create planning councils, | ||||||
18 | organized by watershed, to contribute to the stormwater | ||||||
19 | management process by advising the Metropolitan Water | ||||||
20 | Reclamation District of Greater Chicago and representing the | ||||||
21 | needs and interests of the members of the public and the local | ||||||
22 | governments included within their respective watersheds. allow | ||||||
23 | management and mitigation of
the effects of urbanization on | ||||||
24 | stormwater drainage in Cook County, and this
Section applies | ||||||
25 | only to Cook County. In addition, this Section is intended
to | ||||||
26 | improve stormwater and floodplain management in Cook County by | ||||||
27 | the
following:
| ||||||
28 | (1) Setting minimum standards for floodplain and | ||||||
29 | stormwater management.
| ||||||
30 | (2) Preparing plans for the management of floodplains | ||||||
31 | and stormwater
runoff, including the management of natural | ||||||
32 | and man-made drainage ways.
| ||||||
33 | (b) The purpose of this Section shall be achieved by the | ||||||
34 | following:
| ||||||
35 | (1) Creating 6 Stormwater management planning councils |
| |||||||
| |||||||
1 | shall be formed for each of the following
according
to the
| ||||||
2 | established watersheds of the Chicago Metropolitan Area: | ||||||
3 | North Branch
Chicago River, Lower Des Plaines Tributaries, | ||||||
4 | Cal-Sag Channel, Little Calumet
River, Poplar Creek, and | ||||||
5 | Upper Salt Creek. In addition a stormwater management
| ||||||
6 | planning council shall be established for the combined | ||||||
7 | sewer areas of Cook
County. Additional stormwater | ||||||
8 | management planning councils may be formed by
the District
| ||||||
9 | Stormwater Management Planning Committee for other | ||||||
10 | watersheds within Cook
County. Membership on the watershed | ||||||
11 | councils shall consist of the chief
elected official, or | ||||||
12 | his or her designee, from each
municipality and township | ||||||
13 | within the watershed and the Cook County Board
President, | ||||||
14 | or his or her designee, if unincorporated area is included | ||||||
15 | in the
watershed. A municipality or township shall be a | ||||||
16 | member of more than one
watershed council if the corporate | ||||||
17 | boundaries of that municipality , or township
extend
| ||||||
18 | entered into more than one watershed, or if the | ||||||
19 | municipality or township is
served in part by separate | ||||||
20 | sewers and combined sewers. Subcommittees of the
| ||||||
21 | stormwater management planning councils may be established | ||||||
22 | to assist the
stormwater management planning councils in | ||||||
23 | performing their duties
preparing and implementing a
| ||||||
24 | stormwater management plan . The councils may adopt bylaws | ||||||
25 | to govern the
functioning of the stormwater management | ||||||
26 | councils and subcommittees.
| ||||||
27 | (2) Creating, by intergovernmental agreement, a | ||||||
28 | county-wide Stormwater
Management Planning Committee with | ||||||
29 | its membership consisting of the
Chairman of each of the | ||||||
30 | watershed management councils, the Cook County
Board | ||||||
31 | President or his designee, and the Northeastern Illinois | ||||||
32 | Planning
Commission President or his designee.
| ||||||
33 | (c)
(3) The principal duties of the watershed planning | ||||||
34 | councils shall be to
advise the District on the development | ||||||
35 | and implementation of the countywide
develop a stormwater | ||||||
36 | management plan with respect to matters relating to their |
| |||||||
| |||||||
1 | respective watersheds and to advise and represent the | ||||||
2 | concerns of
for the watershed area and to
recommend the | ||||||
3 | plan for adoption to the units of local government in the
| ||||||
4 | watershed area. The councils shall meet at least quarterly | ||||||
5 | and shall hold
at least one public hearing during the | ||||||
6 | preparation of the plan. Adoption
of the watershed plan | ||||||
7 | shall be by each municipality in the watershed and by
vote | ||||||
8 | of the County Board.
| ||||||
9 | (d)
(4) The District
principal duty of the county-wide | ||||||
10 | Stormwater Management
Committee shall give careful | ||||||
11 | consideration to the recommendations and concerns of the | ||||||
12 | watershed planning councils throughout the planning | ||||||
13 | process and shall
be to coordinate the 6 watershed plans as | ||||||
14 | developed and to
coordinate the planning process with the | ||||||
15 | adjoining counties to ensure that
recommended stormwater | ||||||
16 | projects will have no significant adverse impact on the
| ||||||
17 | levels or flows of stormwater in the inter-county watershed | ||||||
18 | or on the
capacity of existing and planned stormwater | ||||||
19 | retention facilities. The
District
committee shall | ||||||
20 | identify in an annual published report steps taken by the
| ||||||
21 | District to accommodate the concerns and recommendations | ||||||
22 | of the watershed planning councils.
committee to | ||||||
23 | coordinate the development of plan recommendations with
| ||||||
24 | adjoining counties. The committee shall also publish a | ||||||
25 | coordinated
stormwater document of all activity in the Cook | ||||||
26 | County area and agreed upon
stormwater planning standards.
| ||||||
27 | (5) The stormwater management planning committee shall | ||||||
28 | submit the
coordinated watershed plans to the Office of | ||||||
29 | Water Resources of the Department of Natural Resources and | ||||||
30 | to the
Northeastern Illinois Planning Commission for | ||||||
31 | review and recommendation.
The Office and the Commission, | ||||||
32 | in reviewing the plan,
shall consider those factors as | ||||||
33 | impact on the level or flows in the rivers and
streams and | ||||||
34 | the cumulative effects of stormwater discharges on flood | ||||||
35 | levels.
The review comments and recommendations shall be | ||||||
36 | submitted to the watershed
councils for consideration.
|
| |||||||
| |||||||
1 | (e)
(6) The stormwater management planning councils
| ||||||
2 | committee may recommend rules and
regulations to the | ||||||
3 | District
watershed councils governing the location, width,
| ||||||
4 | course, and release rates of all stormwater runoff | ||||||
5 | channels, streams, and
basins in their respective | ||||||
6 | watersheds
the county .
| ||||||
7 | (f)
(7) The Northwest Municipal Conference, the South | ||||||
8 | Suburban Mayors and
Managers Association, and the West | ||||||
9 | Central Municipal Conference shall be
responsible for the | ||||||
10 | coordination of the planning councils created under this | ||||||
11 | Section.
| ||||||
12 | (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)
| ||||||
13 | Section 15. The Metropolitan Water Reclamation District | ||||||
14 | Act is amended by adding Section 7h and by changing Section 12 | ||||||
15 | and as follows: | ||||||
16 | (70 ILCS 2605/7h new)
| ||||||
17 | Sec. 7h. Stormwater management.
| ||||||
18 | (a) Stormwater management in Cook County shall be under the | ||||||
19 | general
supervision of the Metropolitan Water Reclamation | ||||||
20 | District of Greater
Chicago. The District has the authority to | ||||||
21 | plan, manage, implement, and
finance activities relating to | ||||||
22 | stormwater management in Cook County.
The authority of the | ||||||
23 | District with respect to stormwater management extends
| ||||||
24 | throughout Cook County and is not limited to the area otherwise | ||||||
25 | within the
territory and jurisdiction of the District under | ||||||
26 | this Act.
| ||||||
27 | For the purposes of this Section, the term "stormwater | ||||||
28 | management"
includes, without limitation, the management of | ||||||
29 | floods and floodwaters.
| ||||||
30 | (b) The District may utilize the resources of cooperating | ||||||
31 | local watershed
councils (including the stormwater management | ||||||
32 | planning councils created under
Section 5-1062.1 of the | ||||||
33 | Counties Code), councils of local governments, the
| ||||||
34 | Northeastern Illinois Planning Commission, and similar |
| |||||||
| |||||||
1 | organizations and
agencies. The District may provide those | ||||||
2 | organizations and agencies with
funding, on a contractual | ||||||
3 | basis, for providing information to the District,
providing | ||||||
4 | information to the public, or performing other activities | ||||||
5 | related
to stormwater management.
| ||||||
6 | The District, in addition to other powers vested in it, may | ||||||
7 | negotiate and enter into agreements with any county for the | ||||||
8 | management of stormwater runoff in accordance with subsection | ||||||
9 | (c) of Section 5-1062 of the Counties Code.
| ||||||
10 | The District may enter into intergovernmental agreements | ||||||
11 | with Cook County or
other units of local government that are | ||||||
12 | located in whole or in part outside
the District for the | ||||||
13 | purpose of implementing the stormwater management plan
and | ||||||
14 | providing stormwater management services in areas not included | ||||||
15 | within the
territory of the District.
| ||||||
16 | (c) The District shall prepare and adopt by ordinance a | ||||||
17 | countywide
stormwater management plan for Cook County. The | ||||||
18 | countywide plan may
incorporate one or more separate watershed | ||||||
19 | plans.
| ||||||
20 | Prior to adopting the countywide stormwater management | ||||||
21 | plan, the District
shall hold at least one public hearing | ||||||
22 | thereon and shall afford interested
persons an opportunity to | ||||||
23 | be heard.
| ||||||
24 | (d) The District may prescribe by ordinance reasonable | ||||||
25 | rules and regulations
for floodplain and stormwater management | ||||||
26 | and for governing the location, width,
course, and release rate | ||||||
27 | of all stormwater runoff channels, streams, and
basins in Cook | ||||||
28 | County, in accordance with the adopted stormwater management
| ||||||
29 | plan. These rules and regulations shall, at a minimum, meet the | ||||||
30 | standards
for floodplain management established by the Office | ||||||
31 | of Water Resources of the
Department of Natural Resources and | ||||||
32 | the requirements of the Federal Emergency
Management Agency for | ||||||
33 | participation in the National Flood Insurance Program.
| ||||||
34 | (e) The District may impose fees on areas outside the | ||||||
35 | District but within
Cook County to mitigate the effects of | ||||||
36 | increased stormwater runoff resulting
from new development. |
| |||||||
| |||||||
1 | The fees shall not exceed the cost of satisfying the
onsite | ||||||
2 | stormwater retention or detention requirements of the adopted | ||||||
3 | stormwater
management plan. The fees shall be used to finance | ||||||
4 | activities undertaken by
the District or units of local | ||||||
5 | government within the District to mitigate the
effects of urban | ||||||
6 | stormwater runoff by providing regional stormwater retention
| ||||||
7 | or detention facilities, as identified in the plan. All such | ||||||
8 | fees collected
by the District shall be held in a separate fund | ||||||
9 | and used for implementation of this Section.
| ||||||
10 | (f) Amounts realized from the tax levy for stormwater | ||||||
11 | management purposes
authorized in Section 12 may be used by the | ||||||
12 | District for implementing this
Section and for the development, | ||||||
13 | design, planning, construction, operation, and
maintenance of | ||||||
14 | regional stormwater facilities provided for in the stormwater
| ||||||
15 | management plan.
| ||||||
16 | The proceeds of any tax imposed under Section 12 for | ||||||
17 | stormwater management
purposes and any revenues generated as a | ||||||
18 | result of the ownership or operation
of facilities or land | ||||||
19 | acquired with the proceeds of taxes imposed under Section
12 | ||||||
20 | for stormwater management purposes shall be held in a separate | ||||||
21 | fund and used
either for implementing this Section or to abate | ||||||
22 | those taxes.
| ||||||
23 | (g) The District may plan, implement, finance, and operate | ||||||
24 | regional
stormwater management projects in accordance with the | ||||||
25 | adopted countywide
stormwater management plan.
| ||||||
26 | The District shall provide for public review and comment on | ||||||
27 | proposed
stormwater management projects. The District shall | ||||||
28 | conform to State and
federal requirements concerning public | ||||||
29 | information, environmental assessments,
and environmental | ||||||
30 | impacts for projects receiving State or federal funds.
| ||||||
31 | The District may issue bonds under Section 9.6a of this Act | ||||||
32 | for the
purpose of funding stormwater management projects.
| ||||||
33 | The District shall not use Cook County Forest Preserve | ||||||
34 | District land for
stormwater or flood control projects without | ||||||
35 | the consent of the Forest
Preserve District.
| ||||||
36 | (h) Upon the creation and implementation of a county |
| |||||||
| |||||||
1 | stormwater management
plan, the District may petition the | ||||||
2 | circuit court to dissolve any or all
drainage districts created | ||||||
3 | pursuant to the Illinois Drainage Code or
predecessor Acts that | ||||||
4 | are located entirely within the District.
| ||||||
5 | However, any active drainage district implementing a plan | ||||||
6 | that is consistent
with and at least as stringent as the county | ||||||
7 | stormwater management plan may
petition the District for | ||||||
8 | exception from dissolution. Upon filing of the
petition, the | ||||||
9 | District shall set a date for hearing not less than 2 weeks, | ||||||
10 | nor
more than 4 weeks, from the filing thereof, and the | ||||||
11 | District shall give at
least one week's notice of the hearing | ||||||
12 | in one or more newspapers of general
circulation within the | ||||||
13 | drainage district, and in addition shall cause a copy
of the | ||||||
14 | notice to be personally served upon each of the trustees of the | ||||||
15 | drainage
district. At the hearing, the District shall hear the | ||||||
16 | drainage district's
petition and allow the drainage district | ||||||
17 | trustees and any interested parties
an opportunity to present | ||||||
18 | oral and written evidence. The District shall render
its | ||||||
19 | decision upon the petition for exception from dissolution based | ||||||
20 | upon the
best interests of the residents of the drainage | ||||||
21 | district. In the event that
the exception is not allowed, the | ||||||
22 | drainage district may file a petition with
the circuit court | ||||||
23 | within 30 days of the decision. In that case, the notice
and | ||||||
24 | hearing requirements for the court shall be the same as | ||||||
25 | provided in this
subsection for the petition to the District. | ||||||
26 | The court shall render its
decision of whether to dissolve the | ||||||
27 | district based upon the best interests
of the residents of the | ||||||
28 | drainage district.
| ||||||
29 | The dissolution of a drainage district shall not affect the | ||||||
30 | obligation
of any bonds issued or contracts entered into by the | ||||||
31 | drainage district nor
invalidate the levy, extension, or | ||||||
32 | collection of any taxes or special
assessments upon the | ||||||
33 | property in the former drainage district. All property
and | ||||||
34 | obligations of the former drainage district shall be assumed | ||||||
35 | and managed
by the District, and the debts of the former | ||||||
36 | drainage district shall be
discharged as soon as practicable.
|
| |||||||
| |||||||
1 | If a drainage district lies only partly within the | ||||||
2 | District, the District may
petition the circuit court to | ||||||
3 | disconnect from the drainage district that
portion of the | ||||||
4 | drainage district that lies within the District. The property
| ||||||
5 | of the drainage district within the disconnected area shall be | ||||||
6 | assumed and
managed by the District. The District shall also | ||||||
7 | assume a portion of the
drainage district's debt at the time of | ||||||
8 | disconnection, based on the portion of
the value of the taxable | ||||||
9 | property of the drainage district which is located
within the | ||||||
10 | area being disconnected.
| ||||||
11 | A drainage district that continues to exist within Cook | ||||||
12 | County shall conform
its operations to the countywide | ||||||
13 | stormwater management plan.
| ||||||
14 | (i) The District may assume responsibility for maintaining | ||||||
15 | any stream
within Cook County.
| ||||||
16 | (j) The District may, after 10 days written notice to the | ||||||
17 | owner or
occupant, enter upon any lands or waters within the | ||||||
18 | county for the purpose
of inspecting stormwater facilities or | ||||||
19 | causing the removal of any obstruction
to an affected | ||||||
20 | watercourse. The District shall be responsible for any damages
| ||||||
21 | occasioned thereby.
| ||||||
22 | (k) The District shall report to the public annually on its | ||||||
23 | activities and
expenditures under this Section and the adopted | ||||||
24 | countywide stormwater
management plan.
| ||||||
25 | (l) The powers granted to the District under this Section | ||||||
26 | are in addition
to the other powers granted under this Act. | ||||||
27 | This Section does not limit the
powers of the District under | ||||||
28 | any other provision of this Act or any other law.
| ||||||
29 | (m) This Section does not affect the power or duty of any | ||||||
30 | unit of local
government to take actions relating to flooding | ||||||
31 | or stormwater, so long as those
actions conform with this | ||||||
32 | Section and the plans, rules, and ordinances adopted
by the | ||||||
33 | District under this Section.
| ||||||
34 | A home rule unit located in whole or in part in Cook County
| ||||||
35 | (other than a municipality with a population over 1,000,000)
| ||||||
36 | may not
regulate stormwater management or planning in Cook |
| |||||||
| |||||||
1 | County in a manner
inconsistent with this Section or the plans, | ||||||
2 | rules, and ordinances adopted by
the District under this | ||||||
3 | Section; provided, within a municipality with a
population over | ||||||
4 | 1,000,000, the stormwater management planning program of Cook
| ||||||
5 | County shall be conducted by that municipality or,
to the | ||||||
6 | extent provided in an intergovernmental agreement between the
| ||||||
7 | municipality and the District, by the District pursuant to this | ||||||
8 | Section;
provided further that the power granted to such | ||||||
9 | municipality shall not be
inconsistent with existing powers of | ||||||
10 | the District.
Pursuant to paragraph (i) of Section 6 of
Article | ||||||
11 | VII of the Illinois Constitution, this Section specifically | ||||||
12 | denies and
limits the exercise of any power that is | ||||||
13 | inconsistent with this Section by a
home rule unit that is a | ||||||
14 | county with a population of 1,500,000 or more or is
located, in | ||||||
15 | whole or in part, within such a county, other than a | ||||||
16 | municipality
with a population over 1,000,000.
| ||||||
17 | (70 ILCS 2605/12) (from Ch. 42, par. 332)
| ||||||
18 | Sec. 12. The board of commissioners annually may levy taxes | ||||||
19 | for
corporate purposes upon property within the territorial | ||||||
20 | limits of such
sanitary district, the aggregate amount of | ||||||
21 | which, exclusive of the
amount levied for (a) the payment of | ||||||
22 | bonded indebtedness and the
interest on bonded indebtedness (b) | ||||||
23 | employees' annuity and benefit
purposes (c) construction | ||||||
24 | purposes, and (d) for the purpose of
establishing and | ||||||
25 | maintaining a reserve fund for the payment of claims,
awards, | ||||||
26 | losses, judgments or liabilities which might be imposed on such
| ||||||
27 | sanitary district under the Workers' Compensation Act or the | ||||||
28 | Workers'
Occupational Diseases Act, and any claim in tort, | ||||||
29 | including but not
limited to, any claim imposed upon such | ||||||
30 | sanitary district under the
Local Governmental and | ||||||
31 | Governmental Employees Tort Immunity Act, and for
the repair or | ||||||
32 | replacement of any property owned by such sanitary
district | ||||||
33 | which is damaged by fire, flood, explosion, vandalism or any
| ||||||
34 | other peril, natural or manmade, shall not exceed the sum | ||||||
35 | produced by
extending the rate of
.46% for each of the years
|
| |||||||
| |||||||
1 | year 1979 through 2004 and by extending the rate of 0.41% for | ||||||
2 | the year 2005 and each year thereafter, upon the assessed
| ||||||
3 | valuation of all taxable property within the sanitary district | ||||||
4 | as
equalized and determined for State and local taxes. | ||||||
5 | In addition, for stormwater management purposes, including | ||||||
6 | but not limited to those provided in subsection (f) of Section | ||||||
7 | 7(h), the board of commissioners may levy taxes for the year | ||||||
8 | 2005 and each year thereafter at a rate not to exceed 0.05% of | ||||||
9 | the assessed valuation of all taxable property within the | ||||||
10 | District as equalized and determined for State and local taxes.
| ||||||
11 | And in addition
thereto, for construction purposes as | ||||||
12 | defined in Section 5.2 of this
Act, the board of commissioners | ||||||
13 | may levy taxes for the year 1985 and
each year thereafter which | ||||||
14 | shall be at a rate not to exceed .10%
of the assessed valuation | ||||||
15 | of all taxable property within the sanitary
district as | ||||||
16 | equalized and determined for State and local taxes. Amounts
| ||||||
17 | realized from taxes so levied for construction purposes shall | ||||||
18 | be limited
for use to such purposes and shall not be
available | ||||||
19 | for appropriation or used to defray the cost of repairs to or
| ||||||
20 | expense of maintaining or operating existing or future | ||||||
21 | facilities, but
such restrictions, however, shall not apply to | ||||||
22 | additions, alterations,
enlargements, and replacements which | ||||||
23 | will add appreciably to the value,
utility, or the useful life | ||||||
24 | of said facilities. Such rates shall be
extended against the | ||||||
25 | assessed valuation of the taxable property within
the corporate | ||||||
26 | limits as the same shall be assessed and equalized for the
| ||||||
27 | county taxes for the year in which the levy is made and said | ||||||
28 | board
shall cause the amount to be raised by taxation in each | ||||||
29 | year to be
certified to the county clerk on or before the | ||||||
30 | thirtieth day of March;
provided, however, that if during the | ||||||
31 | budget year the General Assembly
authorizes an increase in such | ||||||
32 | rates, the board of commissioners may
adopt a supplemental levy | ||||||
33 | and shall make such certification to the
County Clerk on or | ||||||
34 | before the thirtieth day of December.
| ||||||
35 | For the purpose of establishing and maintaining a reserve | ||||||
36 | fund for
the payment of claims, awards, losses, judgments or |
| |||||||
| |||||||
1 | liabilities which
might be imposed on such sanitary district | ||||||
2 | under the Workers'
Compensation Act or the Workers' | ||||||
3 | Occupational Diseases Act, and any
claim in tort, including but | ||||||
4 | not limited to, any claim imposed upon such
sanitary district | ||||||
5 | under the Local Governmental and Governmental
Employees Tort | ||||||
6 | Immunity Act, and for the repair or replacement, where
the cost | ||||||
7 | thereof exceeds the sum of $10,000, of any property owned by
| ||||||
8 | such sanitary district which is damaged by fire, flood, | ||||||
9 | explosion,
vandalism or any other peril, natural or man-made, | ||||||
10 | such sanitary
district may also levy annually upon all taxable | ||||||
11 | property within its
territorial limits a tax not to exceed | ||||||
12 | .005% of the assessed valuation
of said taxable property as | ||||||
13 | equalized and determined for State and local
taxes; provided, | ||||||
14 | however, the aggregate amount which may be accumulated
in such | ||||||
15 | reserve fund shall not exceed .05% of such assessed valuation.
| ||||||
16 | All taxes so levied and certified shall be collected and | ||||||
17 | enforced in
the same manner and by the same officers as State | ||||||
18 | and county taxes, and
shall be paid over by the officer | ||||||
19 | collecting the same to the treasurer
of the sanitary district, | ||||||
20 | in the manner and at the time provided by the
general revenue | ||||||
21 | law. No part of the taxes hereby authorized shall be
used by | ||||||
22 | such sanitary district for the construction of permanent, | ||||||
23 | fixed,
immovable bridges across any channel constructed under | ||||||
24 | the provisions of
this Act. All bridges built across such | ||||||
25 | channel shall not necessarily
interfere with or obstruct the | ||||||
26 | navigation of such channel, when the same
becomes a navigable | ||||||
27 | stream, as provided in Section 24 of this Act, but
such bridges | ||||||
28 | shall be so constructed that they can be raised, swung or
moved | ||||||
29 | out of the way of vessels, tugs, boats or other water craft
| ||||||
30 | navigating such channel. Nothing in this Act shall be so | ||||||
31 | construed as to
compel said district to maintain or operate | ||||||
32 | said bridges, as movable
bridges, for a period of 9 years from | ||||||
33 | and after the time when the water
has been turned into said | ||||||
34 | channel pursuant to law, unless the needs of
general navigation | ||||||
35 | of the Des Plaines and Illinois Rivers, when
connected by said | ||||||
36 | channel, sooner require it. In levying taxes the board
of |
| |||||||
| |||||||
1 | commissioners, in order to produce the net amount required by | ||||||
2 | the
levies for payment of bonds and interest thereon, shall | ||||||
3 | include an
amount or rate estimated to be sufficient to cover | ||||||
4 | losses in collection
of taxes, the cost of collecting taxes, | ||||||
5 | abatements in the amount of such
taxes as extended on the | ||||||
6 | collector's books and the amount of such taxes
collection of | ||||||
7 | which will be deferred; the amount so added for the
purpose of | ||||||
8 | producing the net amount required shall not exceed any
| ||||||
9 | applicable maximum tax rate or amount.
| ||||||
10 | (Source: P.A. 84-630.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|