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093_SB1853eng
SB1853 Engrossed LRB093 11045 MKM 11739 b
1 AN ACT concerning river conservancy districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The River Conservancy Districts Act is
5 amended by changing Section 21 as follows:
6 (70 ILCS 2105/21) (from Ch. 42, par. 404)
7 Sec. 21. (a) The board of trustees of any conservancy
8 district incorporated under this Act shall have the power to
9 build and construct and to defray the costs and expenses of
10 the construction of drains, sewers, or laterals, septic tanks
11 and other works for the disposal of sewage, water pipes,
12 streets and roads, or local shore improvements, together with
13 other necessary adjuncts thereto, including pumps and pumping
14 stations and also may construct dams, deepen or improve the
15 channel, bed, banks or shore or shores or any part thereof of
16 any stream, water course or other body of water in such
17 district, and acquire both real and personal property, in the
18 execution or in furtherance of the powers granted to such
19 conservancy district, by special assessment or by general
20 taxation, or by special service area taxation if authorized
21 as provided under this Section, as they by ordinance shall
22 prescribe. The board of trustees of any conservancy district
23 shall have power to contract with any sanitary district now
24 or hereafter organized or with any municipality having sewage
25 disposal works for the disposal of any sewage within the
26 conservancy district. It shall constitute no objection to any
27 special assessment that the improvement for which the same is
28 levied is partly outside the limits of such conservancy
29 district, but no special assessments shall be levied upon
30 property situated outside of such conservancy district, and
31 in no case shall any property be assessed more than it will
SB1853 Engrossed -2- LRB093 11045 MKM 11739 b
1 be benefited by the improvement for which the assessment is
2 levied.
3 (b) The proceedings for making, levying, collecting and
4 enforcing of any special assessment levied hereunder, the
5 letting of contracts, performance of the work and all other
6 matters pertaining to the construction and making of the
7 improvement shall be the same as nearly as may be as is
8 prescribed in Article 5 of the "Illinois Drainage Code",
9 approved June 29, 1955, as heretofore and hereafter amended.
10 Whenever in said Article the word "Commissioner" is used,
11 the same shall apply to the board of trustees constituted by
12 this Act.
13 (c) The proceedings for making, levying, collecting and
14 enforcement of any special service area taxation levied
15 hereunder shall be the same as nearly as may be as is
16 prescribed in "An Act to provide the manner of levying or
17 imposing taxes for the provision of special services to areas
18 with the boundaries of home rule units and non-home rule
19 municipalities and counties", approved September 21, 1973, as
20 now or hereafter amended. Whenever in such Act the words
21 "municipality" or "county" or "municipal clerk" or "county
22 clerk" are used, with the exception of the provisions of
23 Section 10 providing for the extension of the tax by the
24 county clerk, the same shall be construed in relation to the
25 board of trustees constituted by this Act, and the words
26 applying to the municipality or county in that Act shall be
27 held to apply to the district created under this Act and its
28 officers, and the words "municipal clerk" or "county clerk"
29 shall be held to apply to the secretary of the district
30 created under this Act.
31 However, no special service area taxation shall be
32 imposed hereunder unless a petition has been filed with the
33 board of trustees by either the owners of a majority of the
34 acreage or a majority of the owners of the acreage of the
SB1853 Engrossed -3- LRB093 11045 MKM 11739 b
1 conservancy district which lies in the proposed special
2 service area. The petition shall be accompanied by a
3 description of the proposed special service area, an
4 explanation of the proposed program, and a notation of the
5 proposed tax rate. A hearing, open to the general public,
6 shall be held on the special assessment before any special
7 assessment is imposed. The board of trustees of the district
8 shall publish the petition and certify the results.
9 (Source: P.A. 81-862.)
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