(70 ILCS 2205/17.1) (from Ch. 42, par. 263.1)
Sec. 17.1.
The board of trustees of a sanitary district that owns and
operates a wastewater treatment plant in a county
which has established a stormwater management planning committee in
accordance with Section 5-1062 of the Counties Code may levy a tax upon all
taxable property within its district at a rate not to exceed 0.03% of the
value of such property, as equalized or assessed by the Department of
Revenue, for the purposes of protecting pumping stations, wastewater
treatment plants and combined sewer outfalls from the 100-year flood,
paying the principal of and interest on any bonds issued pursuant to this
Section for any of the foregoing purposes, and paying the principal of,
premium, if any, and interest on, and any fees relating to, any loan made
to such sanitary district by the Illinois Finance
Authority,
pursuant to the Illinois Finance
Authority Act, for any of the foregoing purposes, or any bond, note or
other evidence of indebtedness of such municipality issued in connection
with any such loan. The 0.03% limitation provided in this Section may be
increased or decreased by referendum in accordance with the provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
The tax authorized by this Section may be levied without referendum
by any sanitary district that is located at least partly in a township declared
after July 1, 1986 by presidential declaration to be a disaster area as a
result of flooding. However, the tax authorized by this Section shall not be
levied by any sanitary district not so located unless the question of its
adoption, either for a specified period or indefinitely, is submitted to the
electors thereof and approved by a majority of those voting on the question.
This question may be submitted at any election held in the sanitary district
after the adoption of a resolution by the board of trustees of the sanitary
district providing for the submission of the question to the electors of the
sanitary district. The board of trustees shall certify the resolution and
proposition to the proper election officials, who shall submit the proposition
at an election in accordance with the general election law. If a majority of
the votes cast on the question is in favor of the levy of such tax, it may
thereafter be levied in such sanitary district for the specified period or
indefinitely, as provided in the proposition. The question shall be put in
substantially the following form:
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Shall an annual tax be levied for stormwater management purposes YES (for a period of not more than ...... years) at a rate not exceeding - - - - - - - - - - - - - - - - - - -
0.03% of the equalized assessed value of the taxable property of NO the ........ Sanitary District? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Any sanitary district in a county that has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby authorized to borrow money and to issue its bonds for
the purposes of protecting pumping stations, wastewater treatment plants
and combined sewer outfalls from the 100-year flood.
Any sanitary district in a county that has established a stormwater
management planning committee in accordance with Section 5-1062 of the
Counties Code is hereby further authorized to borrow money from the Illinois Finance Authority for the purpose of financing the
provision of
flood protection for sanitary sewage treatment plants, pursuant to the Illinois
Finance Authority
Act, and is hereby authorized to enter into loan agreements and other
documents with the Illinois Finance Authority and to
issue its
bonds, notes or other evidences of indebtedness to evidence its obligation
to repay such loan to the Illinois Finance Authority.
Without
the submission of the question to the electors, notwithstanding any other
provision of law to the contrary, such sanitary district is hereby authorized
to execute such loan agreements and other documents and to issue such bonds,
notes or other evidences of indebtedness, which loan agreements, documents,
bonds, notes or other evidences of indebtedness may bear such date or dates,
may bear interest at such rate or rates, payable at such time or times, may
mature at any time or times not later than 40 years from the date of issuance,
may be payable at such place or places, may be payable from any funds of such
sanitary district on hand and lawfully available therefor, including without
limitation the taxes levied pursuant to this Section or from any other taxes or
revenues of such sanitary district pledged to their payment, may be negotiated
at such price or prices, may be executed in such manner, may be subject to
redemption prior to maturity, may be in such form, may be secured, and may be
subject to such other terms and conditions, all as may be provided in a
resolution or ordinance authorizing the execution of any such loan agreement or
other document or the issuance of such bonds, notes or other evidences of
indebtedness.
(Source: P.A. 93-205, eff. 1-1-04 .)
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