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Public Act 094-0474 |
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AN ACT concerning the Metropolitan Water Reclamation | ||||
District.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Water Reclamation District Act | ||||
is amended by adding Section 9e as follows: | ||||
(70 ILCS 2605/9e new) | ||||
Sec. 9e. Stormwater working cash fund. The corporate | ||||
authorities of any such sanitary district may by ordinance | ||||
establish a fund to be known as the "stormwater working cash | ||||
fund", which shall be maintained and administered in the manner | ||||
provided by this Act for the purpose of enabling the corporate | ||||
authorities to have in the treasury at all times sufficient | ||||
money to meet demands for ordinary and necessary expenditures | ||||
for stormwater management purposes as defined in Section 7h of | ||||
this Act. | ||||
To create the stormwater working cash fund, the corporate | ||||
authorities may transfer funds allowed to be transferred under | ||||
this Act into the stormwater working cash fund, in an amount | ||||
not to exceed 100% of the amount produced by multiplying the | ||||
maximum tax rate permitted under this Act for stormwater | ||||
purposes by the last known assessed valuation of all taxable | ||||
property within the territorial boundaries of the sanitary | ||||
district, as equalized and determined for State and local | ||||
taxes. All such moneys, when received by the treasurer of the | ||||
district, shall be set apart in the stormwater working cash | ||||
fund. | ||||
The moneys in the stormwater working cash fund shall not be | ||||
regarded as current assets available for appropriation and | ||||
shall not be appropriated by the corporate authorities in the | ||||
annual sanitary district budget. | ||||
In order to provide moneys with which to meet ordinary and |
necessary disbursements for salaries and other stormwater | ||
purposes, moneys in the stormwater working cash fund may be | ||
transferred, in whole or in part, to the stormwater fund of the | ||
sanitary district and so disbursed therefrom in anticipation of | ||
the collection of any taxes lawfully levied for stormwater | ||
purposes. Moneys shall be transferred from the stormwater | ||
working cash fund to the stormwater fund only upon the | ||
authority of the corporate authorities, which shall by | ||
resolution direct the treasurer of the sanitary district to | ||
make transfers. The resolution shall set forth (1) the entire | ||
amount of real estate taxes extended or estimated to be | ||
extended from which the stormwater working cash fund will be | ||
reimbursed, and (2) the aggregate amount of moneys theretofore | ||
transferred from the stormwater working cash fund to the | ||
stormwater fund in anticipation of the collection of such | ||
taxes. The amount that the resolution directs the treasurer of | ||
the sanitary district to transfer in anticipation of the | ||
collection of taxes levied, when added to the aggregate amount | ||
of any such transfers theretofore made, shall not exceed the | ||
aggregate of 100% of the actual or estimated amount of such | ||
taxes extended or to be extended. | ||
Upon the receipt by the treasurer of the sanitary district | ||
of any taxes in anticipation of the collection of which moneys | ||
of the stormwater working cash fund have been so transferred | ||
for disbursement, that fund shall immediately be reimbursed | ||
from those taxes until the full amount so transferred has been | ||
retransferred to the fund. If the taxes in anticipation of the | ||
collection of which such a transfer was made are not collected | ||
in sufficient amounts to effect a complete reimbursement of the | ||
stormwater working cash fund within the second budget year | ||
following the year in which the transfer was made, the | ||
deficiencies between the amounts so transferred and the amounts | ||
repaid shall be general obligations of the stormwater fund | ||
until repaid from taxes in anticipation of which such transfers | ||
were made or from appropriations which may be made in annual | ||
sanitary district budgets of sums of money to apply on such |
general obligations. | ||
Any member of the board of commissioners of the sanitary | ||
district, any officer thereof, and any other person holding any | ||
other position of trust or employment under that board who is | ||
guilty of the willful violation of any of the provisions of | ||
this Section commits a business offense and shall be fined an | ||
amount not exceeding $10,000 and shall forfeit the right to his | ||
or her office, trust, or employment and be removed therefrom. | ||
Any such member, officer, or person shall be liable for any sum | ||
that he or she may cause to be unlawfully diverted from the | ||
stormwater working cash fund or otherwise improperly used, to | ||
be recovered by the corporate authorities of the sanitary | ||
district or by any taxpayer in the name and for the benefit of | ||
the board of commissioners in an appropriate civil action. A | ||
taxpayer so suing shall file a bond for, and shall be liable | ||
for, all costs taxed against the board of commissioners in the | ||
suit. Nothing herein shall bar any other remedies.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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