(70 ILCS 2905/Art. I heading) ARTICLE I.
GENERAL PROVISIONS--APPLICATION OF ACT
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(70 ILCS 2905/1-1) (from Ch. 42, par. 501-1)
Sec. 1-1.
This Act shall be known and may be cited as the "Metro-East Sanitary
District Act of 1974".
(Source: P.A. 78-1017.)
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(70 ILCS 2905/1-2) (from Ch. 42, par. 501-2)
Sec. 1-2.
Whenever the voters of a sanitary district created under "An Act to
create sanitary districts in certain localities, to drain and protect the
same from overflow for sanitary purposes and to provide for sewage
disposal", approved May 17, 1907, as now or hereafter amended, vote as
provided in Sections 29 through 29.3 of that Act to dissolve that district
and to create a new district under this Act, the provisions of this Act
shall apply to and govern the new district. The boundaries of the new
district shall be the same as those of the old district.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/1-3) (from Ch. 42, par. 501-3)
Sec. 1-3.
Appointments to the first board of commissioners of the new district
shall be made in accordance with Section 3-1 of this Act at least 30 days
before the first Monday in December of the year of the expiration of the
terms of office of the incumbent trustees of the old district, and the
commissioners so appointed shall take office on such first Monday in
December. On that day, the old district is legally dissolved, and the new
district under this Act shall succeed to all the property, functions,
causes of action, rights and obligations of the former district.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/1-4) (from Ch. 42, par. 501-4)
Sec. 1-4.
Nothing in this Act shall impair the security of any indebtedness of the
former district incurred before the effective date of this Act. The new
district shall be obligated for such indebtedness, and the direct annual
tax provided for in accordance with Section 16 of "An Act to create
sanitary districts in certain localities, to drain and protect the same
from overflow for sanitary purposes and to provide for sewage disposal",
approved May 17, 1907, as amended, to pay the interest on and principal of
such indebtedness shall continue to be levied and extended until such
indebtedness has been paid in full.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/1-5) (from Ch. 42, par. 501-5)
Sec. 1-5.
Such sanitary district shall be held in all courts to be
a body corporate,
and politic, under the name and style of .... sanitary district, and by
such name and style may sue and be sued, contract and be contracted with,
acquire and hold real and personal property necessary for corporate
purposes, have a common seal, and change the same at pleasure, and exercise
all the powers in this Act conferred. No claim for compensation shall be
made or suit for damages filed against such district on account of any
damage to property, unless notice in writing is filed with the board within
6 months after the occurrence of the damage or injury giving the name and
residence address of the owner of the property damaged, its location and
the probable extent of the damage sustained. All courts of this State shall
take judicial notice of the existence of sanitary districts organized
hereunder.
The board of commissioners may, by ordinance, change the corporate name
of a sanitary district organized under this Act. Such ordinance shall be
published at least once in a newspaper having a general circulation within
the district and shall become effective 10 days after such first
publication. A copy of such ordinance together with a certificate of
publication thereof certified by the president of the board shall be
transmitted to the Secretary of State. After such ordinance becomes
effective all references in any ordinance, resolution, bonds, or any other
document to such sanitary district by its former corporate name shall mean
and include the corporate name under which such sanitary district is then
operating. No rights, duties or privileges of such sanitary district, or
those of any person, existing before the change of corporate name shall be
affected by such change of name. All proceedings pending in any court in
favor of or against a sanitary district at the time a change of corporate
name is effected may continue to final consummation under the name in which
they were commenced.
(Source: P.A. 83-345.)
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(70 ILCS 2905/Art. 2 heading) ARTICLE 2.
POWERS OF DISTRICT
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(70 ILCS 2905/2-1) (from Ch. 42, par. 502-1)
Sec. 2-1.
A sanitary district organized under this Act has the powers set forth in
the subsequent Sections of this Article.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-2) (from Ch. 42, par. 502-2)
Sec. 2-2.
To lay out, locate, establish and construct one or more levees or
embankments of such size, material and character as may be required to
protect the district against overflow from any river, or tributary stream,
or water-course, and to lay out, establish and construct all such other or
additional improvements or works as may be auxiliary or incidental thereto,
or promotive of the sanitary purposes contemplated in this Act; and to
maintain, repair, change, enlarge and add to such levees, embankments,
improvements and work as may be necessary or proper to meet future
requirements for the accomplishment of the purposes aforesaid.
To the extent that any part of the territory of the District overlaps with a flood prevention district that is formed under the Flood Prevention District Act, the flood prevention district shall have the exclusive authority to repair, construct, or reconstruct levees within the territory of the flood prevention district. The District shall operate under the direction of the board of commissioners of the flood prevention district with respect to the repair, construction, or reconstruction of levees within the territory of the flood prevention district. In addition, the board of the District must comply with any requests for information by the board of commissioners of the flood prevention district, including, but not limited to, requests for information concerning past, present, and future contracts; employees of the District; finances of the District; and other activities of the District. This information must be submitted to the board of commissioners of the flood prevention district within 30 days after the request is received. (Source: P.A. 95-719, eff. 5-21-08.)
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(70 ILCS 2905/2-3) (from Ch. 42, par. 502-3)
Sec. 2-3.
To lay out, locate, establish, construct, maintain and operate one or
more drains, conduits, treatment plants, pumping plants, works, ditches,
channels or outlets of such capacity and character as may be required for
the treatment, carrying-off and disposal of swamp, stagnant or overflow
water, sewage, industrial wastes and other drainage of such district, and
to lay out, establish, construct, maintain and operate all such adjuncts or
auxiliary improvements or works as may be necessary or proper for the
accomplishment of the purposes intended; and to such end, to straighten,
enlarge, divert or change the location, course or outlet of any stream or
water course or divide the waters thereof and any part thereof by means of
new channels, ditches or otherwise and to lay and construct such conduits,
drains and pipes and to extend the same in and to the incorporated limits
of any city, village or town for the purpose of connecting the same with
the drains, mains, outlets or conduits constructed or maintained by such
city, village, or town, for the carrying-off of the sewage and industrial
wastes of such city, village or town, through the drains and conduits and
into treatment plants, pumping plants and works of such district and to
enter into contract or agreement with any such city, village or town,
thereby granting permission for the use of such conduits, drains, treatment
plants, pumping plants, and works of such district in the matter of
treatment and disposal of sewage and industrial wastes of said city,
village or town, for a reasonable compensation therefor to be paid by such
city, village or town, and in case the costs of such conduits, drains,
treatment plants, pumping plants or works is increased by reason of
providing for the treatment, carrying-off and disposal of the sewage or
industrial wastes of any city, village or town, then the increased cost
thereof and the increased cost of operating and maintaining the same shall
be borne by such city, village or town; and to receive payment of such
compensation, and to do any and all things deemed necessary and proper in
the furtherance of said purposes; and thereafter to maintain, repair,
change, enlarge and add to such drains, ditches, channels, conduits,
treatment plants, pumping plants, works, outlets and other improvements and
work, as may be necessary or proper, to meet the future requirements for
the purposes aforesaid, and when necessary for such purposes, any such work
may extend beyond the limits of such district and the rights and powers of
the district over any stream or water course, or work thereon, lying
outside such district, shall to this extent, be the same as within said
district: Provided, no taxes shall be levied upon any property outside of
such district: And provided further, that the district shall be liable for
all damages sustained beyond its limits in consequence of any work or
improvement authorized hereunder. And provided that nothing in this Act
contained shall be construed as superseding or in any manner limiting the
provisions of the "Environmental Protection Act", enacted by the 76th
General Assembly.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-4) (from Ch. 42, par. 502-4)
Sec. 2-4.
To regulate, limit, extend, deny or otherwise control any connection to
any sewer that is tributary to the district's sewer system, regardless of
whether the sewer to which the connection is made is directly under the
jurisdiction of the district.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-5) (from Ch. 42, par. 502-5)
Sec. 2-5.
To require that any sewer system, sewage treatment works or sewage
treatment facility constructed in or within 3 miles of the limits of such
district which is tributary thereto and not within the limits of any other
sanitary district be constructed in accordance with the accepted standards
and specifications of such district and shall further have the authority to
cause inspection of the construction of such sewer system, sewage treatment
works or sewage treatment facility to be made to ascertain that it does
comply with the standards and specifications of such sanitary district.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-6) (from Ch. 42, par. 502-6)
Sec. 2-6.
To require that before any person or municipal corporation connects to
the sewage system of the district the district be permitted to inspect the
drainage lines of the person or municipal corporation to determine whether
they are adequate and suitable for connection to its sewage system. In
addition to the other charges provided for in this Act, the sanitary
district may collect a reasonable charge for this inspection service. Funds
collected as inspection charges shall be used by the sanitary district for
its general corporate purposes after payment of the costs of making the
inspections.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-7) (from Ch. 42, par. 502-7)
Sec. 2-7.
To acquire by purchase, condemnation or otherwise, any and all real and
personal property, rights of way and privileges, either within or without
its corporate limits, required for its corporate purposes; or to sell,
lease or convey any real or personal property, rights of way and privileges.
(Source: P.A. 83-1422.)
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(70 ILCS 2905/2-7.5) Sec. 2-7.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 2905/2-8) (from Ch. 42, par. 502-8)
Sec. 2-8.
Whenever it shall be necessary for or in connection with any improvement
or work authorized by this Act, to enter upon any public property, or
property held for any public use, or acquire any easement or rights
therein, such sanitary district shall have the power so to do, and when
necessary for such purpose may avail itself of any Eminent Domain laws of
this State, and may enter upon, use, widen, elevate, and improve any
street, highway, wharf, levee, or other property, necessary in furtherance
of said purposes: Provided, the former use of any such public property, or
property devoted to public use, shall not be unnecessarily interrupted or
interfered with.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-9) (from Ch. 42, par. 502-9)
Sec. 2-9.
Whenever it shall be necessary to take or use, for any of the purposes
contemplated in this Act, any portion of any railroad right of way, or
property occupied by the track or tracks of any steam, electric, or other
railroad company, or any street, highway wharf, levee or other property, in
the operation or use of which the public has an interest, only such
easement, use or rights therein shall be acquired as are necessary for the
purposes intended; and so far as practicable the use of any such street,
highway, wharf, levee, right of way, or property, shall remain in and be
reserved to the public, company, or persons otherwise entitled thereto.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-10) (from Ch. 42, par. 502-10)
Sec. 2-10.
When necessary for or in connection with any of the purposes authorized
by this Act, the board of trustees may acquire and compel any steam,
electric or other railroad company to raise its tracks to conform to the
grade of any levee, or other work intersecting or crossing the same, which
may, at any time, be established by such sanitary district, and where such
tracks run lengthwise upon or along the line of any such improvement, to
require and compel such railroad companies to elevate the same to the
surface thereof. Also to require and compel any such railroad companies to
maintain and keep open and in repair, ditches, drains, sewers and culverts,
along and under their tracks, so that filth or stagnant pools of water
shall not stand upon their right of way and grounds, and so that the
drainage of adjacent property shall not be impeded or interfered with.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/2-11) Sec. 2-11. Annexation. Notwithstanding any other provision of law, the board of commissioners of a sanitary district may, by ordinance, annex property within any unit of local government, including a home rule unit, if the property is contiguous to the corporate limits of the sanitary district and served by the sanitary district. The ordinance must describe the property to be annexed. A copy of the ordinance with an accurate map of the annexed property, certified as correct by either the clerk or the executive director of the district, shall be filed with the county clerk of the county in which the annexed property is located or the county clerk of the county in which the predecessor district was organized. For the purposes of this Act, property is served by a sanitary district if (i) the property is served by any work or improvements of the sanitary district either then existing or then authorized by the sanitary district; or (ii) the property is within the boundaries of any work or improvements of such sanitary district including but not limited to levees, flood walls, and embankments that protect or reduce the risk to the property from overflow from any river, tributary stream, or water-course. Upon annexation into the corporate limits of the sanitary district under this Section, the property shall be subject to all powers and rights of the district and its board of commissioners for all purposes, including but not limited to taxation, and subject to all ordinances of the district as though the property had been within the corporate limits when the district was organized under this Act.
(Source: P.A. 96-1070, eff. 1-1-11.) |
(70 ILCS 2905/Art. 3 heading) ARTICLE 3.
BOARD OF COMMISSIONERS
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(70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)
Sec. 3-1.
The district shall be governed by a Board of Commissioners, consisting
of 5 commissioners. Two of the commissioners shall be residents of that
portion of the district in the county having the greater equalized assessed
valuation of the district, and 2 shall be residents of that portion of the
district in the other county. The appointment of commissioners from each
county shall be made by the chairman of the county board of that county
with the advice and consent of the county board, except that in the case of
a home rule county as defined by Article VII, Section 6, of the
Constitution of 1970 the appointment shall be made by the chief executive
officer of the county with the advice and consent of the county board. Beginning on the effective date of this amendatory Act of the 101st General Assembly, the mayor, or his or her designee, of the largest municipality in the county having the greater equalized assessed
valuation of the district shall be an ex officio commissioner with a right to vote. If there is not a vacant commissioner position from the county having the greater equalized assessed valuation on the effective date of this amendatory Act of the 101st General Assembly, then the term of the last appointed commissioner from that county is terminated on the effective date of this amendatory Act of the 101st General Assembly.
The appointed commissioners from each county may not be from the same political party.
The County Board Chairman of either county may remove any of the appointed commissioners
from his or her county
with the advice and consent of the county board.
In the first appointments to the Board of Commissioners, the appointing
authority appointing 3 directors shall designate one appointee to serve for
a term of one year, one for a term of 3 years and one for a term of 5
years, and the appointing authority appointing 2 directors shall designate
one to serve for a term of 2 years and one for a term of 4 years.
Thereafter one commissioner shall be appointed by the appropriate
appointing authority each year for a term of 5 years to succeed the
director whose term expires in that year. Any vacancy on the Board of
Commissioners shall be filled by appointment by the appropriate appointing
authority for the remainder of the unexpired term.
For the purpose of determining the ex officio commissioner, the county having the greater equalized assessed
valuation of the district shall be established on January 1 of each year, and the ex officio commissioner shall serve until January 1 of the following year.
(Source: P.A. 101-308, eff. 1-1-20.)
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(70 ILCS 2905/3-2) (from Ch. 42, par. 503-2)
Sec. 3-2.
Each commissioner shall, before entering upon the duties of his office,
execute a bond with security to be approved by the appointing authority,
payable to the district, in the penal sum of $10,000, conditioned upon the
faithful performance of the duties of his office. Such bond shall be filed
with and preserved by the county clerk of the county from which the
commissioner was appointed.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/3-3) (from Ch. 42, par. 503-3)
Sec. 3-3.
(a) The board of commissioners shall be the corporate
authority of the district. The board shall appoint an Executive Director
who shall be the chief executive and administrative officer of the district
and who shall have the powers provided in Article 4 of this Act. The Executive Director shall be a resident of the district.
The Executive Director's contract shall not: (1) be for a period longer than 1 year; (2) contain provisions allowing retroactive pay; (3) contain provisions allowing bonus pay; (4) limit termination for cause to a specific time period; (5) contain provisions allowing severance pay; (6) contain provisions allowing mutual non-disparaging agreements; or (7) contain provisions allowing arbitration. The board may select a clerk and a treasurer.
The board shall, at its first meeting each year, select a president from
its own membership.
(b) The board of commissioners shall maintain the facilities and
properties under the district's control, or supervision for purposes of
maintenance, in compliance with the standards prescribed by the Department
of Natural Resources.
(Source: P.A. 101-308, eff. 1-1-20.)
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(70 ILCS 2905/3-4) (from Ch. 42, par. 503-4)
Sec. 3-4.
(a) Commissioners shall be paid the same salaries as the county board members
from either St. Clair or Madison County whichever is lower.
(b) The board of commissioners may, by ordinance, arrange to provide employees and commissioners of the sanitary district group, life, health, accident, hospital, and medical insurance, or any one or any combination of such types of insurance. The insurance may include provision for employees and commissioners who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well-recognized religious denomination. The board of commissioners may provide for payment by the sanitary district of the premium or charge for the insurance. If the sanitary district does not pay for the premium or charge for group life, health, accident, hospital, or medical insurance, the board of commissioners may allow withholding and deducting from the compensation of the employees and commissioners of the premium or charge for the group life, health, accident, hospital, or medical insurance. Insurance obtained under this subsection must be obtained from an insurance company authorized to do business in the State of Illinois or any other organization or service offering similar coverage authorized to do business in the State of Illinois. (Source: P.A. 103-275, eff. 1-1-24.)
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(70 ILCS 2905/3-5) (from Ch. 42, par. 503-5)
Sec. 3-5.
The board shall have full power to pass all necessary ordinances, and
make all orders, rules and regulations for the proper management and
conduct of the business of the board and of the district, and for carrying
into effect the objects for which said sanitary district is formed.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/3-6) (from Ch. 42, par. 503-6)
Sec. 3-6.
All ordinances making any appropriation, shall within one month after
they have been passed, be published at least once in a newspaper published
in such district, in each of the counties in which the same is situate; and
no such ordinance shall take effect until 10 days after it is so published.
All other ordinances, orders and resolutions shall become effective from
and after their passage, unless otherwise provided therein.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/3-6.1) (from Ch. 42, par. 503-6.1)
Sec. 3-6.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 2905/3-7) (from Ch. 42, par. 503-7)
Sec. 3-7.
All ordinances, orders and resolutions, and the date of publication
thereof, may be proven by the certificate of the clerk under the seal of
the corporation, and when printed in book or pamphlet form, and purporting
to be published by authority of the board, such book or pamphlet shall be
received as evidence of the passage and legal publication thereof, as of
the dates mentioned therein, in all courts and places, without further
proof.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/3-8) (from Ch. 42, par. 503-8)
Sec. 3-8.
Actions to impose a fine or imprisonment for violation of a sanitary
district ordinance or resolution adopted under authority of this Act shall
be brought in the corporate name of the sanitary district as plaintiff.
Such actions shall commence with a complaint or a warrant. A warrant may
issue upon execution of an affidavit by any person alleging that he has
reasonable grounds to believe that the person to be named in the warrant
has violated a sanitary district ordinance or resolution. A person arrested
upon such a warrant shall be taken without unnecessary delay before the
proper officer for trial.
Fines for the violation of sanitary district ordinances or resolutions
shall be established by ordinance or resolution and when collected shall be
paid into the sanitary district treasury at such times and in a manner
prescribed by ordinance or resolution.
A person who is fined for violation of a sanitary district ordinance or
resolution may be committed to the county jail or to any place provided by
ordinance or resolution for the incarceration of offenders until the fine
and costs are paid. No incarceration, however, shall exceed 6 months for
any one offense. The committed person shall be allowed, exclusive of his
board, a credit of $5 toward the fine and costs for each day of
confinement. The sanitary district may make agreements with a county or
municipality for holding such persons in a facility operated by them for
the incarceration of violators of laws, ordinances or resolutions.
(Source: P.A. 78-1017.)
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(70 ILCS 2905/Art. 4 heading) ARTICLE 4.
EXECUTIVE DIRECTOR
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(70 ILCS 2905/4-1) (from Ch. 42, par. 504-1)
Sec. 4-1.
Each district subject to this Act shall have a registered professional
engineer, who shall be appointed by, and subject to removal by, the Board.
He shall possess technical or specialized skill or knowledge in the field
of engineering. The Board may satisfy this requirement by retaining an
engineering firm.
Each district subject to this Act shall have an Executive Director, who
shall be appointed by, and subject to removal by, the Board. A member
of the Board may be considered for appointment as Executive Director, in
which event he shall not attend the portion of the Board's meeting in which
his appointment is being considered. A member of the Board who is appointed
Executive Director may continue to serve as a member of the Board, but shall
receive no compensation as a member of the Board. He
shall devote his entire time to the duties of his office or offices held
with the District.
(Source: P.A. 83-1422.)
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(70 ILCS 2905/4-2) (from Ch. 42, par. 504-2)
Sec. 4-2.
The Executive Director shall be the chief executive and
administrative officer of the district and shall be responsible to the
board for the proper administration of all affairs of the district,
including but not limited to, the board's compliance
with subsection (b) of Section 3-3, and to that end he shall:
(1) Appoint and, when necessary for the good of the service, remove all
officers and employees of the district, except as otherwise provided in
this Act, and except as he may authorize the head of a department or office
to appoint subordinates in such department or office.
(2) Prepare the budget annually and submit it to the Board and be
responsible for its administration after adoption.
(3) Prepare and submit to the board and the Department of Natural
Resources, as of the end of the fiscal year, a
complete report of the finances and administrative activities of the
district and all subdistricts for the year, and submit any interim reports
that the Department of Natural Resources requests.
(4) Keep the board advised of the financial condition of the district
and all subdistricts and make recommendations concerning their future
needs.
(5) Attend all meetings of the board and, in so far as possible, its
committees.
(6) Enforce all district ordinances and see that all contracts are
faithfully performed.
(7) Advise, assist, and cooperate in fostering the interest of
institutions of learning and civic, professional, and employee
organizations in the improvement of personnel standards and conditions in
the district.
(8) Perform such other duties as may be prescribed by this Act or
required of him by the board, not inconsistent with this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 2905/Art. 5 heading) ARTICLE 5.
TAXING AND FINANCES
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(70 ILCS 2905/5-1) (from Ch. 42, par. 505-1)
Sec. 5-1. Taxes; levy. (a) The board may levy and collect taxes for corporate
purposes on taxable property within the corporate boundaries of the district including property annexed pursuant to Section 2-11. Such taxes shall be levied by ordinance specifying the purposes
for which the same are required, and a certified copy of such ordinance
shall be filed with the county clerk of the county in which the predecessor
district was organized, on or before the second Tuesday in August, as
provided in Section 122 of the Revenue Act of 1939 (superseded by Section
14-10 of the Property Tax Code). Any excess funds accumulated prior to January 1, 2008 by the sanitary district that are collected by levying taxes pursuant to 745 ILCS 10/9-107 may be expended by the sanitary district to maintain, repair, improve, or construct levees or any part of the levee system and to provide capital moneys for levee or river-related scientific studies, including the construction of facilities for such purposes. For the purposes of this subsection (a), the excess funds withdrawn from the Local Governmental and Governmental Employees Tort Immunity Fund may not be more than 90% of the balance of that fund on December 31, 2007. After the assessment for the current year
has been equalized by the Department of Revenue, the board shall, as soon as
may be, ascertain and certify to
such county clerk the total value of all taxable property lying within
the corporate limits of such districts in each of the counties in which
the district is situated, as the same is assessed and equalized for tax
purposes for the current year. The county clerk shall ascertain the rate
per cent which, upon the total valuation of all such property,
ascertained as above stated, would produce a net amount not less than the
amount so directed to be levied; and the clerk shall, without delay,
certify under his signature and seal of office to the county clerk of such
other county, in which a portion of the district is situated such rate
per cent; and it shall be the duty of each of the county clerks to
extend such tax in a separate column upon the books of the collector or
collectors of the county taxes for the counties, against all property in
their respective counties, within the limits of the district. All taxes
so levied and certified shall be collected and enforced in the same
manner, and by the same officers as county taxes, and shall be paid over
by the officers collecting the same, to the treasurer of the sanitary
district, in the manner and at the time provided by the Property Tax Code. The aggregate amount of taxes levied for any one year,
exclusive of the amount levied for the payment of bonded indebtedness and
interest thereon, shall not exceed the rate of .20%, or the rate limitation of
the predecessor district in effect on July 1, 1967, or the rate limitation set
by subsection (b) whichever is greater, of value, as equalized or assessed by
the Department of Revenue. The foregoing limitations upon tax rates may be
increased or decreased under the referendum provisions of the Property Tax
Code.
(b) The tax rate limit of the district may be changed to .478% of the
value of property as equalized or assessed by the Department of Revenue for
a period of 5 years and to .312% of such value thereafter upon the approval
of the electors of the district of such a proposition submitted at any
regular election pursuant to a resolution of the board of commissioners or
submitted at an election for officers of the counties of St. Clair and
Madison in accordance with the general election law upon a petition signed
by not fewer than 10% of the legal voters in the district, which percentage
shall be determined on the basis of the number of votes cast at the last
general election preceding the filing of such petition specifying the tax
rate to be submitted. Such petition shall be filed with the executive
director of the district not more than 10 months nor less than 5 months
prior to the election at which the question is to be submitted to the
voters of the district, and its validity shall be determined as provided by
the general election law. The executive director shall certify the question
to the proper election officials, who shall submit the question to the voters.
Notice shall be given in the manner provided by the general election law.
Referenda initiated under this subsection shall be subject to the provisions
and limitations of the general election law.
The question shall be in substantially the following form:
Shall the maximum tax ratefor the Metro-East SanitaryDistrict be established at YES.478% of the equalized assessedvalue for 5 years and then at .312% of the equalized assessed valuethereafter, instead of .2168%, the NOmaximum rate otherwise applicableto the next taxes to be extended?
The ballot shall have printed thereon, but not as a part of the
proposition submitted, an estimate of the approximate amount extendable
under the proposed rate and of the approximate amount extendable under
the rate otherwise applicable to the next taxes to be extended, such
amounts being computed upon the last known equalized assessed value;
provided, that any error, miscalculation or inaccuracy in computing such
amounts shall not invalidate or affect the validity of any tax rate
limit so adopted.
If a majority of all ballots cast on such proposition shall be in
favor of the proposition, the tax rate limit so established shall become
effective with the levy next following the referendum; provided that nothing in
this subsection shall be construed as precluding the extension of taxes at
rates less than that authorized by such referendum.
Except as herein otherwise provided, the referenda authorized by the
terms of this subsection shall be conducted in all respects in the manner
provided by the general election law.
(Source: P.A. 95-723, eff. 6-23-08; 96-1070, eff. 1-1-11.)
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(70 ILCS 2905/5-2) (from Ch. 42, par. 505-2)
Sec. 5-2. Bonds. Subject to the referendum provided for in Section 5-3, the board may
borrow money for corporate purposes on the credit of the corporation,
and issue bonds therefor, in such amounts and form, and on such
conditions as it shall prescribe, but shall not become indebted in any
manner, or for any purpose, to an amount, including existing
indebtedness, in the aggregate to exceed 5.75% of the value of the taxable
property, including property annexed pursuant to Section 2-11, in said district, to be ascertained by the last assessment for
taxes previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced by multiplying
the district's 1978 equalized assessed valuation by the debt limitation
percentage in effect on January 1, 1979; and before or at
the time of incurring any indebtedness, shall provide for the collection
of a direct annual tax sufficient to pay the interest on such debt, as
it falls due, and also to pay and discharge the principal thereof,
within 20 years after contracting the same.
The bonds shall be sold to the highest and best responsible bidder
therefor. Notice of the time and place bids will be publicly opened
shall be given by publication in a newspaper having general circulation
in the district, once each week for 3 successive weeks, the last
publication to be at least one week prior to the time specified in the
notice for the opening of bids.
(Source: P.A. 96-1070, eff. 1-1-11.)
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(70 ILCS 2905/5-3) (from Ch. 42, par. 505-3)
Sec. 5-3.
No issue of bonds of the district shall be valid (except bonds to
refund an existing bonded indebtedness) unless the proposition of
issuing the bonds has first been submitted at a regular
election in accordance with the general election law and has been approved by a
majority of the voters of the district voting on the proposition.
The proposition shall be
substantially in the following form:
Shall bonds for the purposeof.... (state purpose), in YESthe sum of $.... (insert amount), be issued by The.... (insertname of district)? NO
(Source: P.A. 81-1489.)
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(70 ILCS 2905/5-4) (from Ch. 42, par. 505-4)
Sec. 5-4. All contracts for work to be done and supplies and materials to be
purchased by the sanitary district, the expense of which will exceed $10,000,
shall be let to the lowest responsible bidder therefor, upon not less than
21 days public notice of the terms and conditions upon which the contract
is to be let, having been given by publication in a newspaper of general
circulation published in the district, and the board may
reject any and all bids and readvertise. All purchases or sales of $10,000 or
less may be made in the open market without publication in a newspaper as
above provided, but whenever practical shall be based on at least 3
competitive bids. No person may be employed on the work except citizens of
the United States, or those who in good faith have declared their intention
to become citizens, and 8 hours constitutes a day's work.
If a unit of local government performs non-emergency construction, alteration, repair, improvement, or maintenance work on the public way, the sanitary district may enter into an intergovernmental agreement with the unit of local government allowing similar construction work to be performed by the sanitary district on the same project, in an amount no greater than $100,000, to save taxpayer funds and eliminate duplication of government effort. The sanitary district and the other unit of local government shall, before work is performed by either unit of local government on a project, adopt a resolution by a majority vote of both governing bodies certifying work will occur at a specific location, the reasons why both units of local government require work to be performed in the same location, and the projected cost savings if work is performed by both units of local government on the same project. Officials or employees of the sanitary district may, if authorized by resolution, purchase in the open market any supplies, materials, equipment, or services for use within the project in an amount no greater than $100,000 without advertisement or without filing a requisition or estimate. A full written account of each project performed by the sanitary district and a requisition for the materials, supplies, equipment, and services used by the sanitary district required to complete the project must be submitted by the officials or employees authorized to make purchases to the board of trustees of the sanitary district no later than 30 days after purchase. The full written account must be available for public inspection for at least one year after expenditures are made. (Source: P.A. 100-882, eff. 8-14-18.)
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(70 ILCS 2905/5-5) (from Ch. 42, par. 505-5)
Sec. 5-5.
The board of any sanitary district organized under this Act, when so
requested by the treasurer of the district, shall designate one or more
banks or savings and loan associations in which the funds and moneys received by the
treasurer, by virtue of his office, may be deposited. When a bank or savings
and loan association has been
designated as a depository it shall continue as such until ten days have
elapsed after a new depository is designated and is qualified by furnishing
the statements of resources and liabilities as is required by this Section.
When a new depository is designated, the board shall notify the sureties of
the treasurer of that fact, in writing, at least 5 days before the transfer
of funds. The treasurer of the district shall be discharged from
responsibility for all funds and moneys deposited in a bank or depository,
so designated, while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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