(70 ILCS 2805/0.1) (from Ch. 42, par. 411.99)
Sec. 0.1.
This Act shall be known and may be cited as the "Sanitary
District Act of 1936".
(Source: Laws 1967, p. 948.)
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(70 ILCS 2805/1) (from Ch. 42, par. 412)
Sec. 1.
Incorporation; referendum.
(a) Any area of contiguous territory within the limits of a
single county and without the limits of any city, village or
incorporated town may be incorporated as a sanitary district under this
Act in the manner provided in this Section.
Any 2 areas that (i) are not contiguous to each other, but each of which is
contiguous by itself, and (ii) are less than 1 mile apart from each other, and
(iii) are within the limits of a single county and
without the limits of any city, village, or incorporated town may also be
incorporated as a sanitary district under this Act in the manner provided for
in this Section.
(b) Any 20% of the legal voters residing within the limits
of the proposed sanitary district may petition the Circuit
Court in the county in which the proposed district is situated, to cause to be
submitted to the legal voters of the proposed sanitary district
the question of whether the proposed territory shall
be organized as a sanitary district under this Act. The petition
shall be addressed to the Circuit Court and shall contain a definite
description of the boundaries of the territory to be embraced in the district
and the name of the proposed sanitary
district.
(c) Upon filing of the petition in the office of the circuit
clerk in the county in which the proposed sanitary district is
situated, the Circuit Court shall name 3
judges of the court who shall constitute a board of
commissioners, which shall have power and authority to consider the
boundaries of the proposed sanitary district and whether the boundaries shall be as described in the petition or
otherwise. The decision of 2 of the commissioners
shall be conclusive and shall not be subject to review in any manner,
directly or indirectly.
(d) Notice shall be given by the Circuit Court of the time and place
where the commissioners will meet, by a publication of
notice at least 20 days prior to the meeting in one or more daily
or weekly newspapers published in the proposed district or, if no such
newspaper is published in the proposed
district, then by the posting of at least 5 copies of the notice in the
proposed district at least 20 days before
the hearing.
(e) At the meeting all persons who reside in
the proposed district shall have an opportunity to be heard and
to make suggestions regarding the location and boundary of
the proposed district. The commissioners, after hearing statements, evidence
and suggestions, shall fix and determine the boundaries of the
proposed district, and for that purpose and to that extent they may
alter and amend the petition. After the
determination by the commissioners, or a majority of them, their determination
shall be incorporated in an order, which shall be entered of record in the
Circuit Court.
(f) Upon the entering of the order, the Circuit Court shall
certify the question of
the organization and establishment of the proposed sanitary district,
with the boundaries as determined by the commissioners, to the appropriate
election authorities who shall submit the question at an election in accordance
with the general election law. In addition to the requirements of the general
election law, notice shall specify briefly the purpose of the
election, with a description of the proposed sanitary district.
(g) Each legal voter resident within the proposed sanitary
district shall have the right to cast a ballot at the referendum.
The question shall be in substantially the following form:
For Sanitary District Against Sanitary District
(h) The Circuit Court shall cause a statement of the result of the
referendum to be entered of record in the Circuit Court. If a
majority of the votes cast upon the question of the organization and
establishment of the proposed sanitary district shall be in favor of the
organization and establishment of the proposed sanitary district, the proposed
sanitary district shall thenceforth be deemed to have been
incorporated and to be an organized sanitary district under this Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-925, eff. 7-7-00.)
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(70 ILCS 2805/2) (from Ch. 42, par. 413)
Sec. 2.
All courts in this State shall take judicial notice of the
existence of all sanitary districts organized under this Act.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/3) (from Ch. 42, par. 414)
Sec. 3.
(a) A board of trustees, consisting of 3 members, for the government,
control and management of the affairs and business of each sanitary
district organized under this Act shall be created by appointment as
provided in paragraph (b) of this Section or by election as provided in
Sections 3.1 and 3.2.
(b) Within 60 days after the organization of a sanitary district, the
presiding officer of the county board with the advice and consent of the
county board shall appoint 3 trustees, all of whom shall be residents of
such sanitary district, who shall hold their offices respectively, from the
date of their appointment to the first Monday of the June of the first,
second and third calendar years, respectively, next after their appointment
and until their successors are elected and qualified. Thereafter, on or
before the second Monday in May of each year the appointing authority in
the county in which such sanitary district is situated shall appoint one
trustee whose term shall be for 3 years commencing the first Monday in June
of the year in which he is appointed. The respective terms of the first
trustees shall be determined by lot at their first meeting. This paragraph
does not apply in a sanitary district which has determined under Sections
3.1 and 3.2 to elect its trustees.
(c) The appointing authority shall require each of the trustees to enter
into bond, with security to be approved by the appointing authority, in
such sum as the appointing authority may determine. In sanitary districts
electing trustees, as provided in Sections 3.1 and 3.2, the bond required
of each trustee shall be in such amount as is determined by the circuit
court, with security approved by the circuit court.
(d) A majority of the board of trustees shall constitute a quorum but a
smaller number may adjourn from day to day. No trustee or employee of such
sanitary district shall be directly or indirectly interested in any
contract, work or business of the district, or the sale of any article, the
expense, price or consideration of which is paid by such district; nor in
the purchase of any real estate or property belonging to the district, or
which shall be sold for taxes or assessments, or by virtue of legal process
at the suit of such district. Nothing in this Act shall be construed as
prohibiting the appointment or selection of any person as trustee or
employee whose only interest in the district is as an owner of real estate
in the district or of contributing to the payment of taxes levied by such
district. The trustees may provide and adopt a corporate seal for the
district.
(e) Whenever a vacancy in an appointive board of trustees occurs either
from death, resignation, refusal to qualify, or for any other reason, the
appointing authority in the county in which such sanitary district is
situated may fill such vacancy by appointment. A vacancy occurring on a
board of trustees elected under Sections 3.1 and 3.2 may be filled by
appointment by the remaining trustees. Any person appointed to fill a
vacancy on a board of trustees, whether appointive or elected, shall
qualify for office in the manner stated in this Section and shall thereupon
assume the duties of the office for the unexpired term to which he was
appointed.
(Source: P.A. 79-325.)
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(70 ILCS 2805/3.1) (from Ch. 42, par. 414.1)
Sec. 3.1.
Upon petition by at least 5% of the registered voters within
the territory of a sanitary district, the circuit court of the county in
which the district is located shall order a referendum on the question of
whether the trustees of the district shall be elected, rather than appointed.
Notice of the referendum
shall be given and the election conducted in the manner
provided in the general election law. The question shall
be in substantially the following form:
Shall the trustees of the.... YESSanitary District be elected rather than appointed? NO
If a majority of the votes cast on the question are in favor of the election
of trustees, trustees shall thereafter be elected as provided in Section 3.2.
No petition may be filed under this Section within the 6 months immediately
preceding the regular election at which trustees of such districts are to
be elected under the general election law.
The question of electing trustees may not be submitted more than once in
any 47 month period.
(Source: P.A. 81-1490.)
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(70 ILCS 2805/3.2) (from Ch. 42, par. 414.2)
Sec. 3.2.
When a district has voted, as provided in Section 3.1, to elect
its trustees, 3 trustees shall be elected at the regular election provided
by the general election law for the election of such officers, and every
4 years thereafter, to serve for terms of 4 years commencing on the first
Monday in the month following the month of their election, and
until their successors are elected and qualified except that at the first
election of trustees of an existing district organized under this Act held
after the effective date of this amendatory Act of 1988 and at the first
election of trustees of a district organized under this Act after the
effective date of this amendatory Act of 1988, 2 trustees shall be elected
for 4 year terms and 1 trustee shall be elected for a 2 year term. The
terms of office of all trustees in office on the date of that election are
abolished on the first Monday in the month following the month of the first
election of trustees.
The election of trustees of the sanitary district shall be conducted in
accordance with the general election law, provided that such election
shall be nonpartisan and no party nominations, party labels, or party voting
circles shall be permitted.
(Source: P.A. 85-1342.)
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(70 ILCS 2805/4) (from Ch. 42, par. 415)
Sec. 4.
The trustees shall constitute a board of trustees for the sanitary
district. The board of trustees is the corporate authority of the
sanitary district, and may exercise all the powers and manage and
control all the affairs and property of the district. The board of
trustees at the beginning of each new term of office shall meet and
elect one of their number as president, one of their number as
vice-president, and from or outside of their membership a clerk and an
assistant clerk. In case of the death, resignation, absence from the
state, or other disability of the president, the powers, duties and
emoluments of the office of the president shall devolve upon the
vice-president, until such disability is removed or until a successor to
the president is appointed and chosen in the manner provided in this
Act. The board may select a treasurer, engineer and attorney for the
district, who shall hold their respective offices during the pleasure of
the board, and give such bond as may be required by the board.
The board may appoint such other officers and hire such employees to
manage and control the operations of the district as it deems necessary.
The board may prescribe the duties and fix the compensation of all the
officers and employees of the sanitary district. However, no member of the
board of trustees shall receive more than $6,000 per year. The
board of
trustees has full power to pass all necessary ordinances, rules and
regulations for the proper management and conduct of the business of the
board and the sanitary district, and for carrying into effect the
collection and disposal of sewage and the purposes for which the sanitary
district was formed. Such
ordinances may provide for a fine for each offense of not less than $100
or more than $1,000. Each day's continuance of such violation shall be a
separate offense. Fines pursuant to this Section are recoverable by the
sanitary district in a civil action. The sanitary district is authorized
to apply to the circuit court for injunctive relief or mandamus when, in
the opinion of the chief administrative officer, such relief is necessary
to protect the sewerage system of the sanitary district. The board of
trustees has the sole and exclusive authority for regulation and inspection
of drainage lines to determine their adequacy and suitability for
connection to the sewage system of the district.
(Source: P.A. 92-219, eff. 1-1-02.)
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(70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
Sec. 4.1.
The board of trustees of any sanitary district may arrange to
provide for the benefit of employees and trustees of the sanitary district
group life, health, accident, hospital and medical insurance, or any one or
any combination of such types of insurance. Such insurance may include
provision for employees and trustees 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 trustees
may provide for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees do not provide for a plan pursuant to which the
sanitary district pays the premium or charge for any group insurance plan,
the board of trustees may provide for the withholding and deducting from
the compensation of such of the employees and trustees as consent thereto
the premium or charge for any group life, health, accident, hospital and
medical insurance.
The board of trustees may exercise the powers granted in this section
only if the kinds of such group insurance are obtained from any insurance
company authorized to do business in the State of Illinois or any other
organization or
service offering similar coverage. The board of trustees may enact an
ordinance prescribing the method of operations of such insurance program.
(Source: P.A. 90-655, eff. 7-30-98.)
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(70 ILCS 2805/4.2) (from Ch. 42, par. 415.2)
Sec. 4.2.
Within 60 days after the effective date of this
Amendatory Act of 1977 every sanitary district organized under
the "Sanitary District Act of 1936" shall file with the Secretary
of State the official name of the district.
(Source: P.A. 80-424.)
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(70 ILCS 2805/4.3) Sec. 4.3. Combined waterworks and sewerage system. A sanitary district may, by ordinance, combine and jointly operate the district's waterworks and sewerage systems. A sanitary district operating a combined waterworks and sewerage system may: (i) improve and extend that system; (ii) impose rates and collect charges for the use of that system; and (iii) issue obligations and bonds under the same terms and conditions that it may issue obligations or bonds for a waterworks system or for a sewerage system and may pledge revenues from the combined waterworks and sewerage system in payment of the obligations or bonds.
(Source: P.A. 100-847, eff. 1-1-19.) |
(70 ILCS 2805/5) (from Ch. 42, par. 416)
Sec. 5.
All ordinances imposing any penalty or making any appropriations
shall, within one month after they are passed, be published at least once
in a daily or weekly newspaper
published in the district or, if there is no newspaper published
in the district,
in a newspaper published in the county and having general circulation in such
district.
If no such newspaper is published in the district or county,
by posting copies of the same
in 3
public places in the district; and no such ordinance shall take effect
until 10 days after it is so published. All other ordinances,
orders and
resolutions, shall take effect from and after their passage unless
otherwise provided therein.
(Source: P.A. 91-547, eff. 8-14-99.)
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(70 ILCS 2805/6) (from Ch. 42, par. 417)
Sec. 6.
All ordinances, orders and resolutions, and the date of publication
thereof, may be proved 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 the board of trustees, such book or pamphlet shall be
received as evidence of the passage and legal publication of such
ordinances, orders and resolutions, as of the dates mentioned in such book
or pamphlet in all courts and places without further proof.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/6.1) (from Ch. 42, par. 417.1)
Sec. 6.1.
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.
(Source: P.A. 77-2830.)
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(70 ILCS 2805/6.2) (from Ch. 42, par. 417.2)
Sec. 6.2.
The sanitary district, in addition to other powers
vested in it, is authorized to enter into agreements with any
city, village or incorporated town located partly within and
partly without the territorial limits of the sanitary district
and which has a sewage system to receive and dispose of all
sewage of such city, village or incorporated town collected
by its system; and for such purpose the sanitary district may
extend its drains, ditches or sewers to connect with the sewage
system of such city, village or incorporated town.
(Source: P.A. 85-1136.)
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(70 ILCS 2805/7) (from Ch. 42, par. 418)
Sec. 7.
The board of trustees of any sanitary district organized under this
Act shall have power to provide for the collection and disposal of the
sewage thereof and the drainage of such district and to save and preserve
the water supplied to the inhabitants of such district from contamination.
For that purpose they may construct and maintain an enclosed conduit or
conduits, main pipe or pipes, wholly or partially submerged, buried or
otherwise, and by means of pumps or otherwise, cause such sewage to flow or
to be forced through such conduit or conduits, pipe or pipes to and into
any ditch or canal constructed and operated by any other sanitary district,
city, village, county, public utility or incorporated town, after having
first acquired the right so to do. Such board of trustees may co-operate
with and enter into contracts with any other sanitary district, city,
village, county, public utility or incorporated town for the collection and
disposal in whole or in part of the sewage and drainage (or either thereof)
of such sanitary district organized under this Act and may enter into any
and all joint enterprises and arrangements with such other sanitary
district, city, village, county, public utility or incorporated town for
the joint collection and disposal of the sewage and drainage of such
contracting parties. Such board of trustees may provide for the collection
and disposal of sewage and the drainage of such district by laying out,
establishing, constructing and maintaining one or more channels, drains,
ditches and outlets, for carrying off and disposing of the sewage and
drainage of such district together with such adjuncts and additions thereto
as may be necessary or proper to cause such channels or outlets to
accomplish the end for which they are designed, in a satisfactory manner,
including pumps and pumping stations and the operation of the same. Such
board of trustees may also treat and purify such sewage so that when the
same shall flow into any lake, river or other water course, it will not
injuriously contaminate the waters thereof, and may adopt any other
feasible method to accomplish the object for which such sanitary district
may be created, and may also provide means whereby the said sanitary
district may reach and procure supplies of water for diluting and flushing
purposes. Nothing in this Act shall require a sanitary district to extend
services to any individual residence or other building within the district,
and it is the intent of the Illinois General Assembly that any construction
contemplated by this Section shall be restricted to construction of works
and main or interceptor sewers, conduits, channels and similar facilities,
but not individual service lines. Nothing in this Act contained shall
authorize said trustees to
flow the sewage of such district into Lake Michigan.
(Source: P.A. 85-480; 85-782.)
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(70 ILCS 2805/8) (from Ch. 42, par. 419)
Sec. 8.
Every such sanitary district shall proceed as rapidly as is
reasonably possible, by construction, purchase, lease or otherwise, to
provide sewers and a plant or plants for the treatment and purification of
its sewage, which plant or plants shall be of suitable kind and sufficient
capacity to properly treat and purify such sewage so as to conduce to the
preservation of the public health, comfort and convenience and to render
said sewage harmless, in so far as is reasonably possible to animal, fish
and plant life. Any violation of this proviso and any failure to observe
and follow same, by any sanitary district organized under this Act, shall
be held, and is hereby declared, to be a petty offense on the part of said
sanitary district and the trustees thereof may be ousted from office as
trustees of said district by an order of the court before whom the cause is
heard. It shall be the duty of the Department of Public Health of the State
to cause the foregoing provisions to be enforced; and upon the complaint of
said Department of Public Health it shall be the duty of the Attorney
General or State's Attorney of the County in which such violation may
occur, to institute and prosecute such cause by indictment or information
in the manner provided by law.
(Source: P.A. 77-2409.)
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(70 ILCS 2805/8.1)
Sec. 8.1.
Private funding of public sewers; reimbursement; contract.
If
one or more persons pay for building a sewer to be dedicated to the
sanitary district as a public sewer, and if the sewer will, in the opinion of
the board of trustees, be used for the benefit of property whose owners did not
contribute to the cost of the sewer's construction, the board of trustees may
provide for reimbursement of some or all of the expenses of the persons who
paid for the sewer as provided in this Section. The board of trustees may, by
contract, agree to reimburse the persons who paid for the sewer, in whole or in
part, for a portion of their costs. The reimbursement shall be made from fees
collected from owners of property who did not contribute to the cost of the
sewer when it was built. The contract shall describe the property that, in the
opinion of the board of trustees, may reasonably be expected to use and benefit
from the sewer and shall specify the amount of proportion of the cost of the
sewer that is to be incurred primarily for the benefit of that property. The
contract shall provide that the sanitary district shall collect the fees
charged to owners of property not contributing to the cost of the sewer as a
condition to the connection to and use of the sewer by the respective
properties of each owner. The contract may provide for the payment of a
reasonable amount of interest or other charge on the amount expended in
completing the sewer, with interest to be calculated from and after the date of
completion of the sewer. Nothing in this
Section shall be construed to require an owner of property described in a
contract to connect such property to the sewer or to pay a fee if such property
is not connected to the sewer.
(Source: P.A. 90-558, eff. 12-12-97.)
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(70 ILCS 2805/8.2)
Sec. 8.2.
Filing of contract.
A contract entered into under Section 8.1
between the board of trustees and persons building a sewer to be dedicated to
the sanitary district as a public sewer shall be filed with the recorder of
each county in which all or a part of the property affected by the contract is
located. The recording of the contract in this manner shall serve to notify
persons interested in that property of the fact that there will be a charge in
relation to that property for the connection to and use of the facilities
constructed under the contract. Failure to record the contract does not affect
the validity of the contract.
(Source: P.A. 90-558, eff. 12-12-97.)
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(70 ILCS 2805/9) (from Ch. 42, par. 420)
Sec. 9.
In providing works for the disposal of industrial sewage, commonly
called industrial wastes, in the manner above provided whether said
industrial sewage is disposed of in combination with municipal sewage or
independently, said sanitary district shall have power to apportion and
collect therefor, from the producer thereof, fair additional construction,
maintenance and operating costs over and above those covered by normal
taxes, and in case of dispute as to the fairness of such additional
construction, maintenance and operating costs, then the same shall be
determined by a board of three engineers, one appointed by such producer or
producers, one by said sanitary district, and the third by the two selected
as above described. In the event the two so selected shall fail to agree
upon a third then upon the petition of either of the parties the circuit
judge shall appoint such third engineer. A decision of a majority of said
board shall be binding on both parties and the cost of the services of said
board shall be shared by both parties equally.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/10) (from Ch. 42, par. 421)
Sec. 10.
The sanitary district may acquire by purchase, condemnation, or
otherwise all real and personal property, right of way and privilege,
either within or without its corporate limits that may be required for its
corporate purposes. If real property is acquired by condemnation, the
sanitary district may not sell or lease any
portion of the property
for a
period of 10
years after acquisition by condemnation is completed. If, after such 10-year
period, the sanitary district decides to sell or lease the property, it must
first offer the property for sale or lease to the previous owner of the land
from whom the sanitary district acquired the property. If the sanitary
district and such previous owner do not execute a contract for purchase or
lease of the property within 60 days from the initial offer, the sanitary
district then may offer the property for sale or lease to any other
person. If any sanitary district formed under this Act is
unable to agree with any other sanitary district, city, village or
incorporated town upon the terms whereby it shall be permitted to use the
drains, channels or ditches of such other sanitary district, city, village
or incorporated town, the right to such use may be acquired by condemnation
in any circuit court by proceedings as provided in Section 4-17 of the
Illinois Drainage Code. The compensation to be paid for such use may be a
gross sum, or it may be in the form of an annual rental, to be paid in
yearly installments as and in the manner provided by the judgment
of the court wherein such proceedings may be had. However, when such
compensation is fixed at a gross sum, all moneys for the purchase and
condemnation of any property shall be paid before possession is taken or
any work done on the premises damaged by the construction of such channel
or outlet, and in case of an appeal from the circuit court taken by either
party whereby the amount of damages is not finally determined, then
possession may be taken, if the amount of the judgment in such court is
deposited at some bank or savings and loan association to be designated
by the court, subject
to the payment of such damages on orders signed by such circuit court,
whenever the amount of damages is finally determined. The sanitary district
may sell, convey, vacate and release the real or personal property, right
of way and privileges acquired by it when no longer required for the
purposes of such district.
(Source: P.A. 90-558, eff. 12-12-97.)
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(70 ILCS 2805/10.5) Sec. 10.5. 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 2805/11) (from Ch. 42, par. 422)
Sec. 11.
The board of trustees may borrow money for corporate
purposes, including, without limiting the generality of the foregoing,
sewer, drainage, and waterworks purposes, and in evidence thereof issue
its bonds payable from taxes unlimited as to rate or amount and to be
extended for collection against all taxable property situated therein
but shall not become indebted in any manner or for any purpose to an
amount which including all other existing indebtedness in the aggregate
will exceed 5.75% on the value of the taxable property therein to be
ascertained by the last assessment for state and county purposes
previous to the incurring of the 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, provided, however, that no indebtedness shall be
incurred and no bonds be issued under the provisions of this Section for
waterworks purposes until after the proposition of the acquisition,
purchase or construction of a waterworks, and to thereafter operate,
improve and extend such waterworks has been submitted to the legal
voters of the district and been approved by a majority of the voters
voting on the question at a referendum and responsive to the provisions
hereinafter contained in
this Act requiring the affirmative vote of the legal voters of the
district to authorize the trustees of sanitary districts organized under
the provisions of this Act to acquire by purchase or construction, and
thereafter operate, improve or extend waterworks. Whenever the board of
trustees of such district desires to issue bonds under the provisions
hereof, they shall certify the question of issuing such bonds to the proper
election officials who shall submit the question at an election in accordance
with the general election law. In addition to the requirements of the general
election law, notice of such referendum shall state the amount of
bonds to be issued and the purpose for which
such bonds are to be issued. The result of
the referendum shall be entered upon the records of the district.
If it shall appear that a majority of the voters voting at the election
on such question shall have voted in favor of the issue of such bonds,
the board of trustees shall order and direct the execution of the bonds
by, for and on behalf of the district. All bonds issued hereunder shall
mature within 20 years from their date and be payable at such time or
times and at such place as the board of trustees may prescribe. The
question shall be in substantially the following form:
Shall bonds to theamount of .... dollars be YESissued by the .... sanitary district for the purpose of NO....... (state purpose)
Provided that the board of trustees may borrow money for corporate
purposes, and may issue bonds therefor, without holding an election or
referendum upon the question, if the board of trustees has been directed
by an order issued by a court of competent jurisdiction or by an
administrative agency of the State of Illinois having jurisdiction to
issue such order, to abate its discharge of untreated or inadequately
treated sewage, and such borrowing is deemed necessary by the board of
trustees of the Sanitary District to make possible compliance with such
order. The amount of money that the board of trustees may borrow to
abate such sewage discharge shall be limited to that required for that
purpose plus such reasonable future expansion as shall be approved by
the court or an administrative agency of the State of Illinois having
jurisdiction. The ordinance providing for such bonds shall set out the
fact that such bonds are deemed necessary to make possible compliance
with the order, and shall be published or posted in the manner provided
in this Act for publication or posting of ordinances making
appropriations. The ordinance shall be in full force and effect after
its adoption and publication or posting, as herein provided,
notwithstanding any provision in this Act or any other law to the
contrary.
(Source: P.A. 81-1489.)
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(70 ILCS 2805/11.1) (from Ch. 42, par. 422.1)
Sec. 11.1.
All bonds issued pursuant to this Act shall bear interest
at a rate or rates not exceeding that permitted by "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and
tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended.
(Source: P.A. 83-591.)
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(70 ILCS 2805/12) (from Ch. 42, par. 423)
Sec. 12.
In addition to the powers and authority now possessed by
them, the board of trustees of any sanitary district organized under
this Act shall have the power, by majority vote:
(a) To convey, grant, transfer or sell to the United States of
America, or to any proper agency thereof, any real or personal property
owned by the sanitary district upon such terms as may be agreed upon by
the board of trustees, or in consideration of a grant or loan of money
by the federal government, or any agency thereof, for the construction,
extension, or improvement of any public works project or building.
(b) To enter into a lease or contract with the United States of
America, or any proper agency thereof, and with any other sanitary
district, city, village or incorporated town, with reference to any real
or personal property for use for any sanitary district purpose, for any
period of time not exceeding fifty years, with or without an option to
buy such property and with or without a clause to the effect that title
to such leased property shall vest in the district at the expiration of
such lease.
(c) To pay for the use of any such leased property in accordance
with the terms of such lease; provided that such lease may be entered
into without an appropriation for the expense thereby incurred having
been previously made; and provided further, that no obligation to pay
incurred under such lease shall be considered to be an indebtedness of the
district within the meaning of any constitutional or statutory
limitation upon such indebtedness, but such obligation shall be
considered a current expense of the year for which paid and not an
indebtedness of the district.
(d) To authorize any official to enter into any such lease and to
sign the same on behalf of the district, and to execute any deed or
other evidence of transfer of title on behalf of the district, to effect
or evidence any exercise of the powers hereby granted.
(Source: P.A. 81-1509.)
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(70 ILCS 2805/12.1) (from Ch. 42, par. 423.1)
Sec. 12.1.
In addition to the powers and authority now possessed by it,
the board of trustees of any sanitary district organized under this Act
shall have the power by majority vote:
(a) To use the general funds of the sanitary district to defend,
indemnify and hold harmless, in whole or in part, the board of trustees,
members of the board of trustees, officials and employees of the sanitary
district from financial loss and expenses, including court costs,
investigation costs, actuarial studies, attorneys' fees and
actual and punitive damages, arising out of any civil proceedings
(including but not limited to proceedings alleging antitrust violations or
the deprivation of civil or constitutional rights), claims, demands or
judgments instituted, made or entered against such board, trustee, official
or employee by reason of its or his wrongful or negligent statements, acts
or omissions, provided that such statements, acts or omissions: (i) occur
while the board, trustee, official or employee is acting in the discharge
of its or his duties and within the scope of employment; and (ii) do not
constitute wilful and wanton misconduct.
(b) (i) To obtain and provide for any or all of the matters and purposes
described in paragraph (a) public officials' liability, comprehensive
general liability and such other forms of insurance coverage as the board
of trustees shall determine necessary or advisable, any insurance so
obtained and provided to be carried in a company or companies licensed
to write such coverage in this State,
and (ii) to establish and provide for
any or all of the matters and purposes described in paragraph (a) a program
of self-insurance and, in furtherance thereof, to establish and accumulate
reserves for the payment of financial loss and expenses, including court
costs, investigation costs, actuarial studies, attorneys' fees and actual
and punitive damages associated with liabilities arising out of civil
proceedings, claims, demands or judgments instituted, made or entered as
set forth in paragraph (a), and (iii) in connection with providing for any
or all of the matters and purposes described in paragraph (a) and when
permitted by law to enter into an agreement with any special district, unit
of government, person or corporation for the use of property or the
performance of any function, service or act, to agree to the sharing or
allocation of liabilities and damages resulting from such use of property
or performance of function, service or act, in which event such agreement
may provide for contribution or indemnification by any or all of the
parties to the agreement upon any liability arising out of the performance
of the agreement.
If the board of trustees of any sanitary district organized under this
Act undertakes to provide insurance or to establish a program of
self-insurance and to establish and accumulate reserves for any or all of
the matters and purposes
described in paragraph (a), such reserves shall be established and
accumulated for such matters and purposes subject to the following conditions:
(1) The amount of such reserves shall not exceed the amount necessary
and proper, based on past experience or independent actuarial determinations;
(2) All earnings derived from such reserves shall be considered part of
the reserves and may be used only for the same matters and purposes for
which the reserves may be used;
(3) Reserves may be used only: for the purposes of making payments for
financial loss and expenses, including actual and punitive damages,
attorneys' fees, court costs, investigation costs and actuarial studies
associated with liabilities arising out of civil proceedings, claims,
demands or judgments instituted, made or entered as set forth in paragraph
(a) in connection with the statements, acts or omissions of the board or of
a trustee, official or employee of the board or the district which
statements, acts or omissions occur while the board, trustee, official or
employee is acting in the discharge of its or his duties
and within the scope of employment and which statements, acts or omissions
do not constitute wilful and wanton misconduct; for payment of insurance
premiums; and for the purposes of making payments for losses resulting from
any insured peril;
(4) All funds collected for the matters and purposes specified in
subparagraph (3) above or earmarked for such matters and purposes must be
placed in the reserves; and
(5) Whenever the reserves have a balance in excess of what is necessary
and proper, then contributions, charges, assessments or other forms of
funding for the reserves shall be appropriately decreased.
(Source: P.A. 85-782.)
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(70 ILCS 2805/13) (from Ch. 42, par. 424)
Sec. 13.
At the time of or before incurring any indebtedness, the board of
trustees 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, as the same shall fall due, and at least
within twenty years from the time of contracting the same.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/14) (from Ch. 42, par. 425)
Sec. 14.
Except as otherwise provided in this Section, all contracts
for purchases or sales by the sanitary district, the
expense of which will exceed the mandatory competitive bid threshold, shall be
let to the lowest responsible
bidder therefor upon not less than 14 days' public notice of the terms and
conditions upon which the contract is to be let, having been given by
publication in a daily or weekly newspaper
published in the district or, if there is no newspaper published in the
district, in a newspaper published in the county and having general circulation
in the
district, and the board may reject any and all bids, and readvertise.
Contracts for
services in excess of the mandatory competitive bid threshold
may, subject to the provisions of this
Section, be let by competitive bidding at the discretion of the district
board of trustees. All contracts for purchases or sales that will not
exceed the mandatory competitive bid threshold 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. For purposes of this Section, the "mandatory
competitive bid threshold"
is a dollar amount equal to 0.1% of the total general fixed
assets of the district as reported in the most recent required audit report.
In
no event, however, shall the mandatory competitive bid threshold dollar amount
be less than $10,000, nor more than $40,000.
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. Cash, a cashier's check, a
certified check, or a bid bond with adequate surety approved by the board of
trustees as a deposit of good faith, in a reasonable amount, but not in excess
of 10% of the contract amount, may be required of each bidder by the district
on all bids involving amounts in excess of the mandatory competitive bid
threshold and, if so required, the advertisement for bids shall
so specify.
Contracts which by their nature are not adapted to award by competitive
bidding, including, without limitation, contracts for the services of
individuals, groups or firms possessing a high degree of professional skill
where the ability or fitness of the individual or organization plays an
important part, contracts for financial management services undertaken
pursuant to the Public Funds Investment Act,
contracts for the purchase or sale of utilities, contracts for materials
economically procurable only from a single source of supply and leases of
real property where the sanitary district is the lessee shall not be
subject to the competitive bidding requirements of this Section.
Where the board of trustees declares, by a 2/3 vote of all members of the
board, that there exists an emergency affecting the public health or
safety, contracts totaling not more than the emergency contract cap may be let to the extent
necessary to resolve such emergency without public advertisement or
competitive bidding. For purposes of this Section, the "emergency contract
cap" is a dollar
amount equal to 0.4% of the total general fixed assets of
the
district as reported in the most recent required audit report.
In no event,
however, shall the emergency contract cap dollar amount be less than $40,000,
nor more than $100,000.
The ordinance or resolution embodying the
emergency declaration shall contain the date upon which such emergency will
terminate. The board of trustees may extend the termination date if in
its judgment the circumstances so require. A full written account of the
emergency, together with a requisition for the materials, supplies, labor
or equipment required therefor shall be submitted immediately upon completion
and shall be open to public inspection for a period of at least one year
subsequent to the date of such emergency purchase.
Within 30 days after the passage of the resolution or ordinance declaring an
emergency
affecting the public health or safety, the District shall submit to the
Illinois
Environmental Protection Agency the full written account of any such emergency
along
with a copy of the resolution or ordinance declaring the emergency, in
accordance with
requirements as may be provided by rule.
(Source: P.A. 100-882, eff. 8-14-18.)
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(70 ILCS 2805/14.1) (from Ch. 42, par. 425.1)
Sec. 14.1.
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 2805/14.2) (from Ch. 42, par. 425.2)
Sec. 14.2.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or any other
Illinois statute to the district may be exercised by the district
notwithstanding effects on competition. It is the intention of the General
Assembly that the "state action exemption" to the application of federal
antitrust statutes be fully available to the district to the extent its
activities are authorized by law as stated herein.
(Source: P.A. 85-1136.)
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(70 ILCS 2805/15) (from Ch. 42, par. 426)
Sec. 15.
And in all other respects such contract shall be entered into and
the performance thereof controlled by the provisions of Division 2 of
Article 9 of the "Illinois Municipal Code", approved May 29, 1961, as
heretofore and hereafter amended. Provided, that the contracts may be let
for making proper and suitable connections between the mains and outlets of
the respective sewers in said district with any conduit, conduits, main
pipe or pipes that may be constructed by such sanitary district.
(Source: Laws 1963, p. 874.)
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(70 ILCS 2805/16) (from Ch. 42, par. 427)
Sec. 16.
The board of trustees may levy and collect other taxes for corporate
purposes upon property within the territorial limits of the sanitary
district the aggregate amount of which for each year may not exceed .25%
of value, as equalized or assessed by the Department of Revenue, except
that if a higher rate has been established by referendum
before August 4, 1965, it shall continue. If the board desires to levy
such taxes at a rate in excess of .25% but not in excess of .5% of the
value of all taxable property within the district as equalized or
assessed by the Department of Revenue they shall order
the question to be submitted at a referendum to be held within the district.
The board shall certify the question to the proper election officials who
shall submit the question at an election in accordance with the general
election law. The right to levy an additional tax, authorized by the legal
voters, may at any time after one or more tax levies thereunder, be
terminated by a majority vote of the electors of the sanitary district at
a referendum held in accordance with the general election law.
The trustees of any such district shall cause the submission of
the proposition to
terminate the additional taxing power when petitioned so to do by not
less than 10% of the legal voters of the district.
In addition to the other taxes authorized by this Section, the board
of trustees may levy and collect, without referendum, a tax for the
purpose of paying the costs of operation of the chlorination of sewage,
or other means of disinfection or additional treatment as may be
required by water quality standards approved or adopted by the Pollution
Control Board or by the court, which tax is not subject to the rate
limitations imposed by this Section but may be extended at a rate not to
exceed .03% of the value of all taxable property within the district as
equalized or assessed by the Department of Revenue.
Such tax may be extended at a rate in excess of .03% but not to
exceed .05%, providing the question of levying such increase has first
been submitted to the voters of such district at a referendum held in accordance
with the general election law
and has been approved by a majority of
such voters voting on the question.
(Source: P.A. 81-1535.)
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(70 ILCS 2805/17) (from Ch. 42, par. 428)
Sec. 17.
The board shall cause the amount required to be raised by taxation
in each year to be certified to the county clerk on or before the second
Tuesday in September, as provided in Section 157 of the General Revenue Law
of Illinois. All taxes so levied and certified shall be collected and
enforced in the same manner and by the same officers as State and county
taxes, and shall be paid over by the officer collecting the same to the
treasurer of the sanitary district in the manner and at the time provided
by the General Revenue Law of Illinois.
(Source: Laws 1965, p. 2517.)
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(70 ILCS 2805/18) (from Ch. 42, par. 429)
Sec. 18.
The treasurer shall, when the moneys of the district are deposited
with any bank or savings and loan association,
require such bank or savings and loan association to
pay the same rates of interest for such moneys deposited as such bank or
savings and loan association is accustomed to pay
depositors under like circumstances,
in the usual course of its business.
(Source: P.A. 83-541.)
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(70 ILCS 2805/19) (from Ch. 42, par. 430)
Sec. 19.
All interest so paid shall be placed in the general fund of the
district, to be used as other moneys belonging to such district raised by
general taxation.
(Source: Laws 1965, p. 2517.)
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(70 ILCS 2805/20) (from Ch. 42, par. 431)
Sec. 20.
The board of trustees of any sanitary district organized under the
provisions of this Act, shall designate one or more banks or savings and
loan associations
in which the funds and moneys of the sanitary district in the custody of
the treasurer or custodian of such district may be kept. When a bank has
been designated as a depositary it shall continue as such until ten days
have elapsed after a new depository is designated and has qualified by
furnishing the statements of resources and liabilities as is required by
this Act. When a new depository is designated, the board of trustees shall
notify the sureties of the treasurer or custodian of that fact, in writing,
at least five (5) days before the transfer of funds. The treasurer or
custodian shall be discharged from responsibility for all such funds and
moneys which he deposits in a depositary so designated while such funds and
moneys are so deposited.
(Source: P.A. 83-541.)
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(70 ILCS 2805/21) (from Ch. 42, par. 432)
Sec. 21.
No bank or savings and loan association shall receive public
funds as permitted by this Act, 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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(70 ILCS 2805/22) (from Ch. 42, par. 433)
Sec. 22.
Every such sanitary district is authorized to construct, maintain,
alter and extend its sewers, channels, ditches and drains, as a proper use
of highways along, upon, under and across any highway, street, alley or
public ground in the state, but so as not to incommode the public use
thereof, and the right and authority are hereby granted to any such
sanitary district to construct, maintain and operate any conduit or
conduits, main pipe or pipes, wholly or partially submerged, buried, or
otherwise, in, upon and along any of the lands owned by this state under
any of the public waters therein; Provided, that the extent and location of
the lands and waters so to be used and appropriated shall be granted by the
Governor of said State of Illinois, upon application duly made to him
asking for such approval: And provided further that the rights, permission
and authority hereby granted shall be subject to all public rights, of
commerce and navigation, and to the authority of the United States in
behalf of such public rights and also to the right of said State of
Illinois to regulate and control fishing in said public waters.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/23) (from Ch. 42, par. 434)
Sec. 23.
Whenever there shall be located within the bounds of any such
sanitary district organized under the provisions of this act, any United
States military post, reservation or station, or any naval station, the
said board of trustees of such district are hereby authorized to enter into
contracts or agreements with the War Department, or other proper
authorities of the United States, permitting them to connect with any such
conduit or conduits, main pipe or pipes, and discharge the drainage, sewage
or other impure or contaminated liquids therein.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/24) (from Ch. 42, par. 435)
Sec. 24. Whenever the board of trustees of any sanitary district shall pass
an ordinance for the making of any improvement which such district is
authorized to make, the making of which will require that private property
should be taken or damaged, such district may cause compensation therefor
to be ascertained, and may condemn and acquire possession thereof in the
same manner as nearly as may be as is provided for the exercise of the right
of eminent domain under the Eminent Domain Act: Provided, however, that proceedings
to ascertain the compensation to be paid for taking or damaging private
property shall in all cases be instituted in the county where the property
sought to be taken or damaged is situated: And, provided, that all damages
to property whether determined by agreement or by final judgment of court
shall be paid, prior to the payment of any other debt or obligation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/25) (from Ch. 42, par. 436)
Sec. 25.
When, in making any improvements which any district is authorized
by this Act to make, it shall be necessary to enter upon and take
possession of any existing drains, sewers, sewer outlets, plants for the
purification of sewage or water, or any other public property, or property
held for public use, the board of trustees of such district shall have the
power to do and may acquire the necessary right of way over any other
property held for public use in the same manner as is herein provided for
acquiring private property, and may enter upon, and use the same for the
purposes aforesaid: Provided, the public use thereof shall not be
unnecessarily interrupted or interfered with, and that the same shall be
restored to its former usefulness as soon as possible.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/25a) (from Ch. 42, par. 436a)
Sec. 25a.
The board of trustees of any sanitary district organized under this Act
may require that before any connection is made to the sewage or drainage
system of the district or the establishment of or connection to any sewage
or drainage system, private or governmental, located within the territorial
limits of said district, a permit shall be issued by the sanitary district
and the district shall after the permit is issued be permitted to inspect
the drainage lines to determine whether they are adequate and suitable and
in conformance with plans and specifications upon which the permit was
issued. The inspection shall be made within a reasonable time after the
issuance of the permit and shall be made only with reference to the initial
sewage or drainage system connection. In addition to the other charges
provided for in this Act, the sanitary district may collect a reasonable
charge for the issuance of the permit and the 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 issuing the
permit and making the inspection.
(Source: P.A. 78-454.)
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(70 ILCS 2805/26) (from Ch. 42, par. 437)
Sec. 26.
Any district formed hereunder shall have the right to permit
territory lying outside its limits whether within any other sanitary
district or not to drain into and use any channel or drain made by it, upon
such payments, terms and conditions as may be mutually agreed upon, and any
district formed hereunder is hereby given full power and authority to
contract for the right to use any drain or channel which may be made by any
other sanitary district, city, village or incorporated town upon such terms
as may be mutually agreed upon, and to raise the money called for by any
such contract in the same way and to the same extent as such district is
authorized to raise money for any other corporate purposes.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/26a) (from Ch. 42, par. 437a)
Sec. 26a.
Any sanitary district created hereunder, after being authorized
by an affirmative vote of the legal voters of the district at an election
to be held as is hereinafter provided, may acquire, purchase or construct a
drainage system, and thereafter operate, improve and extend the same, and
pay the cost of such purchase, construction, improvement or extension by
the issuance and sale of revenue bonds of the district, payable solely from
the revenue to be derived from the operation of the drainage system.
(Source: Laws 1961, p. 3028.)
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(70 ILCS 2805/26b) (from Ch. 42, par. 437b)
Sec. 26b.
The trustees of such district, when petitioned so to do by
not less than 10% of the legal voters of such district, shall certify
the proposition of whether the district should acquire,
purchase or construct, and thereafter operate, improve and extend a
drainage system to the proper election officials who shall submit the
proposition at an election in accordance with the general election
law. The proposition shall be in substantially the
following form:
Shall the.... Sanitary District,.... County, Illinois, acquire bypurchase or construction, and YESthere after operate, improve or extenda drainage system and pay the cost thereof by the issuance and sale ofrevenue bonds of the district payable NOsolely from the revenues to be derivedfrom the operation of the drainage system?
If it shall appear that a majority of the voters, voting on said proposition,
have voted in favor thereof, then the
trustees of said district shall be fully authorized to acquire by
purchase or construction, and thereafter operate, improve or extend a
drainage system, and to pay the cost of such acquisition, purchase or
construction, improvement or extension by the issuance and sale of
revenue bonds of the district payable solely from the revenue to be
derived from the operation of the drainage system.
(Source: P.A. 81-1489.)
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(70 ILCS 2805/26c) (from Ch. 42, par. 437c)
Sec. 26c.
The trustees of any district, having been authorized by an
election held pursuant to the preceding section, being desirous of
exercising such authority, shall have an estimate made of the cost of the
acquisition of the contemplated drainage system, and by ordinance shall
provide for the issuance of revenue bonds. The ordinance shall set forth a
brief description of the contemplated drainage system, the estimated cost
of acquisition or construction thereof, the amount, rate of interest, time
and place of payment, and other details in connection with the issuance of
the bonds. The bonds shall bear interest at a rate not exceeding that
permitted by "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended,
payable semiannually, and shall be payable at such times and places not
exceeding 20 years from their date as shall be prescribed in the ordinance
providing for their issuance.
This ordinance may contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of payment of the bonds thereby authorized
and as may be thereafter issued, and shall pledge the revenues derived from
the operation of the drainage system for the purpose of paying all
maintenance and operation costs, principal and interest on all bonds issued
under the provisions of this Act, and for providing an adequate
depreciation fund, which depreciation fund is hereby defined for the
purposes of this Act to be for such replacements as may be necessary from
time to time for the continued effective and efficient operation of the
drainage system properties of such district, and such fund shall not be
allowed to accumulate beyond a reasonable amount necessary for that
purpose, the terms and provisions of which shall be incorporated in the
ordinance authorizing the issuance of the bonds.
(Source: P.A. 83-591.)
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(70 ILCS 2805/26d) (from Ch. 42, par. 437d)
Sec. 26d.
Any ordinance adopted pursuant to the preceding section
shall be published in a newspaper published and having a general
circulation in the district undertaking the project or, if there is no
such newspaper, it shall be posted in at least 3 of the most public
places in the district. The publication or posting of the ordinance shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the adoption of the ordinance be
submitted to the electors of the district; (2) the time in which such petition
must be filed; and (3) the date of the prospective referendum. The Clerk
of district shall provide a petition form to any individual requesting one.
If no petition for an election is filed with the Clerk of the
district within 30 days after such publication or posting, then, at the
expiration of the 30 days, the ordinance shall be in full force and
effect. If, however, within the period of 30 days a petition is filed
with the clerk, signed by a number of the legal voters within the
district equal to 10% or more of the registered voters in the district,
asking that the question of acquiring, constructing,
purchasing, improving or extending the drainage system, and the issuance
of revenue bonds therefor, as provided in the ordinance, be submitted to
the electors of the district, the trustees shall certify the ordinance and
question to the proper election officials, who shall submit the question
at an election in accordance with the general election law to decide
whether the project and issuance of bonds of the district, as set forth in
the ordinance, should be approved.
If a majority of the votes cast on the question are in favor thereof, the
ordinance shall be in effect. But if a majority of the votes cast on the
question are unfavorable, the trustees shall proceed no further and the
ordinance shall not take effect.
(Source: P.A. 87-767.)
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(70 ILCS 2805/26e) (from Ch. 42, par. 437e)
Sec. 26e.
Bonds provided for such drainage system shall be issued in such
amounts as may be necessary to provide sufficient funds to pay all costs of
acquisition, including engineering, legal, and other expenses, together
with interest to a date 6 months subsequent to the estimated date of
completion. Bonds issued for such drainage system are negotiable
instruments. They shall be executed by the president and by the district
clerk and shall be sealed with the corporate seal of the district. In case
any of the officers whose signatures appear on the bonds, or coupons
attached thereto, ceases to hold his office before delivery of the bonds,
his signature nevertheless shall be valid and sufficient for all purposes
the same as if he had remained in office until the delivery of the bonds.
The bonds shall be sold in such manner as the trustees shall determine
except that, if issued to bear interest at
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, the
bonds shall be sold for not less than par and accrued interest, and except
that the selling price of bonds bearing less than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract shall be such
that the interest cost to the district of the money received from the bond
sale shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, computed to
maturity according to standard tables of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(70 ILCS 2805/26f) (from Ch. 42, par. 437f)
Sec. 26f.
Revenue bonds issued hereunder shall be payable solely from the
revenue derived from the operation of the drainage system properties
maintained and operated by said district. These bonds shall not in any
event constitute an indebtedness of the district within the meaning of any
constitutional or statutory limitation. It shall be plainly stated on the
face of each bond that the bond has been issued under this act and that it
does not constitute an indebtedness of the district within the meaning of
any constitutional or statutory limitation.
(Source: Laws 1961, p. 3028.)
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(70 ILCS 2805/26g) (from Ch. 42, par. 437g)
Sec. 26g.
Any holder of any bond or bonds issued under this Act, or of any
of the coupons appertaining thereto, may, by mandamus, injunction or other
civil action,
enforce and compel the performance of all duties required by Sections 26a
to 26m, inclusive, of this Act, including the making and collection of
sufficient rates for the specified purposes provided by said sections and
the proper application of the income therefrom.
(Source: P.A. 83-345.)
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(70 ILCS 2805/26h) (from Ch. 42, par. 437h)
Sec. 26h.
Any district issuing revenue bonds as provided by this Act shall
charge rates for all services performed by the drainage system properties
of said district, sufficient at all times to pay the cost of operation and
maintenance, to provide an adequate depreciation fund, and to pay the
principal of and interest upon all revenue bonds issued for such drainage
system.
(Source: Laws 1961, p. 3028.)
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(70 ILCS 2805/26i) (from Ch. 42, par. 437i)
Sec. 26i. The trustees of the sanitary district may acquire, by purchase or
contract with an individual, corporation or municipality, a drainage system
sufficient for the needs of the inhabitants of the district. In the event
that the trustees are unable to agree with any person, corporation or
municipality upon the terms under which it may acquire such a drainage
system under this Act, then the right to obtain such drainage system may be
acquired by condemnation in a circuit court by
proceedings in the manner as near as may be as is provided for the exercise
of the right of eminent domain under the Eminent Domain Act. The compensation or rates to be paid for such
drainage system and the manner of payment shall be determined by the
judgment of the court wherein such proceedings take place.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/26j) (from Ch. 42, par. 437j)
Sec. 26j. For the purpose of purchasing any drainage system under this act
or for the purpose of purchasing any property necessary therefor, the
district has the right of eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/26k) (from Ch. 42, par. 437k)
Sec. 26k.
Whenever a district owns and operates a drainage system, whether
purchased or constructed under this Act, and desires to construct
improvements or extensions thereto, it may issue revenue bonds under this
Act to pay for that construction. The procedure for that issuance,
including the fixing of rates and the computation of the amount thereof,
shall be the same as is provided in this Act for the issuance of bonds for
the purchase or construction of a drainage system by a sanitary district.
(Source: Laws 1961, p. 3028.)
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(70 ILCS 2805/26m) (from Ch. 42, par. 437m)
Sec. 26m.
Any district issuing revenue bonds under this Act for a drainage system
shall install and maintain a proper system of accounts, showing the amount
of revenue received and its application. At least once a year the district
shall have the accounts properly audited by a competent auditor. The report
of that audit shall be open for inspection at all proper times to any
taxpayer, user, or any holder of bonds issued under this Act, or to anyone
acting for and on behalf of the taxpayer, user, or bondholder. The
treasurer of the district shall be custodian and ex-officio collector of
the funds derived from income received from a drainage system purchased or
constructed under the provisions of this Act. He shall give proper bond for
the faithful discharge of his duties as such custodian, and this bond shall
be fixed and approved by the trustees.
All of the funds received as income from a drainage system purchased or
constructed in whole or in part under the provisions of this Act, and all
of the funds received from the sale of revenue bonds shall be kept separate
and apart from the other funds of the district.
(Source: Laws 1961, p. 3028.)
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(70 ILCS 2805/27) (from Ch. 42, par. 438)
Sec. 27. (a) The board of trustees of any such sanitary district shall have
power and authority to prevent the pollution of any waters from which a
water supply may be obtained within said sanitary district, and shall have
the right and power to appoint and support a sufficient police force, the
members of which shall have and may exercise police powers over the
territory within such sanitary district and over the territory included
within a radius of fifteen miles from the intake of any such water supply,
for the purpose of preventing the pollution of said waters, and over any
interference with any of the property of such sanitary district: Provided,
that before compelling a change in any method of disposal of sewage so as
to prevent the said pollution of any water, the board of trustees of such
sanitary district shall first have provided means to prevent the pollution of
said water from sewage or refuse originating from their own sanitary districts.
(b) Where any such sanitary district has constructed a sewage disposal
plant and the board of trustees of such district finds that it will conduce
to the public health, comfort or convenience, said board shall have power
and authority to build and maintain a dam or dams or other structures in
any river or stream flowing in or through such district at any point or
points within the boundaries of such district or within three miles outside
the boundaries thereof so as to regulate or control the flow of the waters
of such river or stream and the tributaries thereof, but shall not take or
damage private property without making just compensation as provided for
the exercise of the right of eminent domain under
the Eminent Domain Act.
(c) After the construction of such sewage disposal plant, if said board
finds that it will conduce to the public health, comfort or convenience,
such board of trustees shall have power by whatever means necessary to
remove debris, refuse and other objectionable matter from, keep clean and
wholesome, and dredge, dam, deepen or otherwise improve the channel, bed or
banks of any such river or stream, or any portion thereof, within the
boundaries of any such sanitary district or within three miles outside the
boundaries thereof.
(d) The board of trustees of any sanitary district organized under
this Act is authorized to apply to the circuit court for injunctive relief
or mandamus when, in the opinion of the board of trustees, such relief is
necessary to prevent the pollution of any waters from which a water supply
may be obtained within the district.
(e) The sanitary district shall have the power and authority to
prevent the pollution of any waters
from which a water supply may be obtained by any city, town or village.
The sanitary district, acting through the chief administrative officer of
such sanitary district, shall have the power to commence an action or
proceeding in the circuit court in and for the county in which the district
is located for the purpose of having the pollution stopped and prevented
either by mandamus or injunction. The court shall specify a time, not
exceeding 20 days after the service of the copy of the petition, in which
the party complained of must answer the petition, and in the meantime, the
party be restrained. In case of default in answer or after answer, the
court shall immediately inquire into the facts and circumstances of the
case and enter an appropriate order in respect to the matters
complained of. An appeal may be taken in the same
manner and with the same effect as appeals are taken
in other actions for mandamus or injunction.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/27.1) (from Ch. 42, par. 438.1)
Sec. 27.1.
Special service areas.
(a) A sanitary district organized under this Act may provide special
services limited to the construction, maintenance, alteration, and
extension of the district's drains, sewers, laterals, and other necessary
adjuncts, including pumps and pumping stations, in any special service area
within the district. The district may levy a tax to provide those special
services or to provide for the payment of debt incurred to provide those
special services in accordance with this Act.
(b) The manner of providing special services and of levying the tax
authorized by subsection (a) shall be as provided in this Section.
(c) "Special Service Area" means a contiguous area within a district
in which special governmental services are provided in addition to those
services provided generally throughout the district, the cost of those special
services to be paid from revenues collected from taxes levied or imposed upon
property within that area. Territory is "contiguous" for purposes of this
Section even though certain completely surrounded portions of the territory are
excluded from the special service area. A district may create a special
service area within a municipality or municipalities when the municipality or
municipalities consent to the creation of the special service area. A district
may create a special service area within the unincorporated area of a county
when the county consents to the creation of the special service area.
(d) The corporate authorities of the district shall be the
governing body of the special service area.
(e) Taxes may be levied or imposed by the district in the special service
area at a rate or amount of tax sufficient to produce revenues required to
provide the special services. Before the first levy of taxes in the special
service area, notice shall be given and hearing shall be held under the
provisions of subsections (f) and (g). For purposes of this subsection the
notice shall include:
(1) the time and place of hearing;
(2) the boundaries of the area by legal description | ||
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(3) a notification that all interested persons, | ||
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(4) the maximum rate of taxes to be extended in any | ||
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After the first levy, taxes may be extended against the special
service area for the services specified without additional hearings,
provided the taxes shall not exceed the rate specified in the notice
and, if a maximum number of years is specified in the notice, the taxes
shall not be extended for a longer period. Tax rates may be increased
and the period specified may be extended, provided notice is given and
new public hearings are held in accordance with subsections (f) and (g).
(f) Before or within 60 days after the adoption of the ordinance proposing
the establishment of a special service area, the district
shall fix a time and a place for a public hearing. Notice of the hearing
shall be given by publication and mailing. Notice by publication shall be
given by publication at least once not less than 15 days before the
hearing in a newspaper of general circulation within the district.
Notice by mailing shall be given by depositing the notice in the
United States mails addressed to the person or persons in whose name the
general taxes for the last preceding year were paid on each lot, block,
tract, or parcel of land lying within the special service area. The notice
shall be mailed not less than 10 days before the time set for the public
hearing. In the event taxes for the last preceding year were not paid, the
notice shall be sent to the person last listed on the tax rolls before
that year as the owner of the property.
(g) At the public hearing any interested person, including all persons
owning taxable real property located within the proposed special service area,
may file with the district clerk written objections to and may be heard orally
in respect to any issues embodied in the notice. The district shall hear and
determine all protests and objections at the hearing, and the hearing may be
adjourned to another date without further notice other than a motion to be
entered upon the minutes fixing the time and place of its adjournment. At the
public hearing or at the first regular meeting of the corporate authorities
thereafter, the district may delete area from the special service area, except
that the special service area must still be a contiguous area as provided in
subsection (c).
(h) Bonds secured by the full faith and credit of the area included in the
special service area may be issued for providing the special services.
Bonds, when so issued, shall be retired by the levy of taxes, in addition to
the taxes specified in subsection (e), against all of the taxable
real property included in the area as provided in the ordinance authorizing
the issuance of the bonds or by the imposition of another tax within the
special service area. The county clerk shall annually extend taxes against
all of the taxable property situated in the county and contained in the
special service area in amounts sufficient to pay maturing principal and
interest of those bonds without limitation as to rate or amount and in
addition to and in excess of any taxes that may now or hereafter be
authorized to be levied by the district. Before the issuance of bonds,
notice shall be given and a hearing shall be held under the provisions of
subsections (f) and (g). For purposes of this subsection a notice shall include:
(1) the time and place of hearing;
(2) the boundaries of the area by legal description | ||
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(3) a notification that all interested persons, | ||
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(4) the maximum amount of bonds proposed to be | ||
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The question of the creation of a special service area, the levy or
imposition of a tax in the special service area, and the issuance of bonds
for providing special services may all be considered together at one hearing.
Any bonds issued shall not exceed the number of bonds, the interest rate,
and the period of extension set forth in the notice, unless an additional
hearing is held. No bonds issued under this Section shall be regarded as
indebtedness of the district for the purpose of any limitation imposed by any law.
(i) Boundaries of a special service area may be enlarged, but only after
hearing and notice as provided in subsections (f) and (g), the notice to be
served in the original area of the special service area and in any areas
proposed to be added to the special service area, except where the property
being added represents less than 5% of the assessed valuation of the entire
original area, as determined by the clerk of the county wherein the land
is located, then the notice by mailing requirement of subsection (f) shall be
limited only to the area to be added and not to the original special service
area. The property added to the area shall be subject to all taxes levied
after that property becomes a part of the area and shall become additional
security for bonded indebtedness outstanding at the time the property is
added to the area.
(j) If a petition signed by at least 51% of the electors residing within
the special service area and by at least 51% of the owners of record of
the land included within the boundaries of the special service area is
filed with the district clerk within 60 days following the final
adjournment of the public hearing objecting to the creation of the special
service area, the enlargement of the area, the levy or imposition of a tax,
or the issuance of bonds for the provision of special services to the area,
or to a proposed increase in the tax rate, no such area may be created or
enlarged, no such tax may be levied or imposed nor the rate increased, or
no such bonds may be issued. The subject matter of the petition shall not
be proposed relative to any signatories of the petition within the next 2
years. Each resident of the special service area registered to vote at the
time of the public hearing held with regard to the special service area
shall be considered an elector. Each person in whose name legal title to
land included within the boundaries of the special service area is held
according to the records of the county wherein the land is located shall be
considered an owner of record. Owners of record shall be determined at the
time of the public hearing held with regard to a special service area.
Land owned in the name of a land trust, corporation, estate, or partnership
shall be considered to have a single owner of record.
(k) Any territory located within the boundaries of any special service
area organized under this Section may become disconnected from the area in
the manner provided in this subsection. A majority of the resident
electors and a majority of the record owners of land in the territory
sought to be disconnected from the area may sign a petition. The petition
shall be addressed to the circuit court and shall contain a definite
description of the boundaries of the territory sought to be disconnected
and recite as a fact that, as of the date the petition is filed, the
territory was not, is not, and is not intended by the corporate authority
that created the special service area to be either benefited or served by
any work or services either then existing or then authorized by the special
service area, and that the territory constitutes less than 1.5% of the
special service area's total equalized assessed valuation.
Upon the filing of the petition, the court shall set the petition for public
hearing within 60 days after the date of the filing of the petition. The
court shall give at least 45 days notice of the hearing by publishing notice
of the hearing once in a newspaper having a general circulation within the
special service area from which the territory is sought to be disconnected.
The notice (i) shall refer to the petition filed with the court, (ii) shall
describe the territory proposed to be disconnected, (iii) shall indicate the
prayer of the petition and the date, time, and place at which the public
hearing will be held, and (iv) shall further indicate that the corporate
authority that created the special service area and any persons residing in
or owning property in the territory involved or in the special service area
from which the territory is sought to be disconnected shall have an
opportunity to be heard on the prayer of the petition. Notice of the
filing of the petition, the substance of which shall be as prescribed for
the published notice, shall also be mailed to the presiding officer of the
corporate authority from which the territory is sought to be disconnected.
The public hearing may be continued from time to time by the court. After
the public hearing and having heard all persons desiring to be
heard, including the corporate authority that created the special service
area and all persons residing in or owning property in the territory
involved or in the special service area from which the territory is sought
to be disconnected, if the court finds that all the allegations of the
petition are true, the court shall grant the prayer of the petition and
shall enter an order disconnecting the territory from the special service
area, which order shall be entered at length in the records of the court,
and the clerk of the court shall file a certified copy of the order with
the clerk of the district that created the special service area from which
the territory has been disconnected. If the court finds that the
allegations contained in the petition are not true, then the court shall
enter an order dismissing the petition.
Any disconnected territory shall cease to be subject to any taxes levied
under this Section and shall not be security for any future bonded
indebtedness. When the amount of any taxes levied by a special service area
is cancelled due to disconnection of territory, the court may, in the same
disconnection proceeding, distribute the cancelled amount upon the other
property in the area assessed, in a manner that the court finds just and
equitable, not exceeding, however, the amount by which such property will
benefit from the special service.
(l) If a property tax is levied, the tax shall be extended by the county
clerk in the special service area in the manner provided by the Property Tax
Code based on assessed values as established under
that Act. In that case, the district shall file a certified copy of the
ordinance creating the special service area, including an accurate map of the
area, with the county clerk. The corporate authorities of the district are
authorized to levy taxes in the special service area for the same year in which
the ordinance and map are filed with the county clerk. In addition, the
corporate authorities shall file a certified copy of each ordinance levying
taxes in the special service area on or before the third Tuesday of September
of each year and shall file a certified copy of any ordinance authorizing the
issuance of bonds and providing for a property tax levy in that ordinance by
December 31 of the year of the first levy.
Instead of or in addition to that property tax, a special tax may be
levied and extended within the special service area on any other basis that
provides a rational relationship between the amount of the tax levied
against each lot, block, tract, and parcel of land in the special service
area and the special service benefit rendered; a special tax roll shall be
prepared containing (i) an explanation of the method of spreading the
special tax, (ii) a list of lots, blocks, tracts, and parcels of land in
the special service area, and (iii) the amount assessed against each. The
special tax roll shall be included in the ordinance establishing the
special service area or in an amendment to that ordinance, and shall be
filed with the county clerk for use in extending the tax.
(m) An ordinance establishing a special service area shall not
take effect until a certified copy of the ordinance, containing a
description of the territory of the area, is filed for record in the office
of the recorder in each county in which any part of the area is located.
(Source: P.A. 90-697, eff. 8-7-98.)
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(70 ILCS 2805/28) (from Ch. 42, par. 439)
Sec. 28.
The board of trustees shall have the power to build and construct
and to defray the costs and expenses of the construction of drains, sewers,
or laterals, or drains, and sewers and laterals and other necessary
adjuncts thereto, including pumps and pumping stations, made by it in the
execution or in furtherance of the powers heretofore granted to such
sanitary district by special assessment or by general taxation, or partly
by special assessment and partly by general taxation, as they shall by
ordinance prescribe. It shall constitute no objection to any special
assessment that the improvement for which the same is levied is partly
outside the limits of such sanitary district, but no special assessment
shall be made upon property situated outside of such sanitary district, and
in no case shall any property be assessed more than it will be benefited by
the improvement for which the assessment is levied. The proceedings for
making, levying, collecting and enforcing of any special assessment levied
hereunder, the letting of contracts, performance of the work and all other
matters pertaining to the construction and making of the improvement shall
be the same as nearly as may be as is prescribed in Division 2 of Article 9
of the Illinois Municipal Code, as heretofore and hereafter amended.
Whenever in said Division 2 the words "city council" or the words "board of
local improvements" are used the same shall apply to the board of trustees
constituted by this Act, and the word "mayor" or "president of the board of
local improvement" shall apply to the president of the board of trustees
constituted by this Act, and the words applying to the city or its officers
in that Article shall be held to apply to the sanitary district created
under this Act and its officers.
(Source: Laws 1961, p. 1370.)
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(70 ILCS 2805/29) (from Ch. 42, par. 440)
Sec. 29.
When any special assessment is made under this Act, the ordinance
authorizing such assessment may provide that the entire assessment and each
individual assessment be divided into annual installments, not more than
twenty in number. In all cases such division shall be made so that all
installments shall be equal in amount, except that all fractional amounts
shall be added to the first installment so as to leave the remaining
installments of the aggregate equal in amount and each a multiple of one
hundred dollars. The said several installments shall bear interest at a
rate not to exceed that permitted for public corporation
bonds under "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as now or hereafter
amended, except that for the purposes of this Section, "the time the contract
is made" shall mean the date of adoption of the original ordinance authorizing
the assessment; both principal and interest
shall be payable, collected and enforced as they shall become due in the
manner provided for the levy, payment, collection and enforcement of such
assessments and interest, as provided in Division 2 of Article 9 of the
"Illinois Municipal Code", approved May 29, 1961, as heretofore and
hereafter amended.
(Source: P.A. 83-1525.)
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(70 ILCS 2805/29.1) (from Ch. 42, par. 440.1)
Sec. 29.1.
Any sanitary district having any undistributed or unclaimed money
received from the making of any local improvement paid for wholly or in
part by special assessment, after complying with all the provisions for the
distribution of such rebates or refunds as prescribed in Division 2 of
Article 9 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, may dispose of such unclaimed rebates or refunds as is
prescribed by Sections 9-1-5 through 9-1-14, inclusive, of the "Illinois
Municipal Code", approved May 29, 1961, as amended.
(Source: Laws 1963, p. 2897.)
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(70 ILCS 2805/30) (from Ch. 42, par. 441)
Sec. 30.
Whenever any ordinance providing for any improvement shall in
pursuance of authority conferred in this Act provide for payment for same,
either in whole or in part, by special assessment, said board of trustees
may issue bonds to anticipate the collection of the second and succeeding
installments of said assessments payable only out of such assessment when
collected and bearing interest at the same rate as provided upon the
installments of such assessment. Said bonds shall be issued and subject to
call and retirement in the same manner as provided in Division 2 of Article
9 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore
and hereafter amended.
(Source: Laws 1963, p. 874.)
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(70 ILCS 2805/31) (from Ch. 42, par. 442)
Sec. 31.
Whenever the board of trustees of any sanitary district organized
under this Act shall pass an ordinance for the making of any improvement
authorized by this Act and shall provide that the same shall be paid for by
special assessment, as provided in Section 28 of this Act, the making of
which will require that private property shall be taken or damaged, the
cost of acquiring the right to take or damage such property may be included
in said assessment as a part of the cost of making such improvement. Such
compensation shall be ascertained in the manner provided by Division 2 of
Article 9 of the "Illinois Municipal Code", approved May 29, 1961, as
heretofore and hereafter amended, and all proceedings relating to the
taking or damaging of said property and levying such assessment shall be in
accordance with said Division 2 of Article 9 of that Code.
(Source: Laws 1963, p. 874.)
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(70 ILCS 2805/32) (from Ch. 42, par. 443)
Sec. 32.
Where any municipality in this State, bordering upon any sanitary
district created under this Act, has constructed or desires to construct a
sewage system for such municipality, any such sanitary district may
contract with such municipality for the joint construction, extension,
improvement or use of such sewage system upon such terms and conditions as
may be agreed upon by such sanitary district and municipality.
(Source: Laws 1935-36, Fourth Sp. Sess., p. 16.)
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(70 ILCS 2805/32a) (from Ch. 42, par. 443a)
Sec. 32a.
Additional contiguous territory within the limits of the
county and within or without the limits of any city, village or
incorporated town except territory within the limits of any city,
village or incorporated town that furnishes or provides sanitary sewer
service may be added to any sanitary district organized under this Act
in the manner following:
Ten per cent or more of the legal voters resident within the limits
of such proposed addition to such sanitary district may petition the
circuit court for the county in which the original petition for the
formation of the sanitary district was filed, to cause the question to
be submitted to the legal voters of such proposed additional territory
whether such proposed additional territory shall become a part of any
contiguous sanitary district organized under this Act and whether such
additional territory and the taxpayers thereof shall assume a
proportionate share of the bonded indebtedness, if any, of such sanitary
district. Such petition shall be addressed to the court and shall
contain a definite description of the boundaries of the territory sought
to be added.
Upon filing the petition in the office of the circuit court clerk of
the county in which the original petition for the organization of such
sanitary district was filed it is the duty of the court to consider the
boundaries of the proposed additional territory and such decision shall
be appealable as in other civil cases.
Notice shall be given by the court of the time and place when and
where all persons interested shall be heard substantially as provided in
Section 1 of this Act. The conduct of the hearing on the question whether the
proposed
additional territory becomes a part of such sanitary district shall be, as
nearly as possible, in accordance with the provisions of Section 1 of
this Act; the court shall certify the question to the proper election officials
who shall submit the question at an election in accordance with the general
election law. The question shall be in
substantially the following form:
For joining sanitary district and assuminga proportionate share of bonded indebtedness,if any. Against joining sanitary district andassuming a proportionate share of bondedindebtedness, if any.
If a majority of the votes cast on the question
shall be in favor of
becoming a part of such sanitary district and if the trustees of such
sanitary district accept the proposed additional territory by ordinance
annexing the same, the court shall enter an appropriate order of record
in the court, and such additional territory shall thenceforth be
deemed an integral part of such sanitary district. In addition to the
manner heretofore provided, any such additional contiguous territory may
be annexed to such sanitary district upon petition addressed to the
circuit court, signed by a majority of the owners of lands constituting
such territory who, in the case of natural persons, have arrived at
lawful age and who represent a majority in area of such territory. The
petition shall contain a definite description of the boundaries of such
territory and shall set forth the willingness of the petitioners that
such territory and the taxpayers thereof assume a proportionate share of
the bonded indebtedness, if any, of such sanitary district. Upon the
filing of such petition and notice of and hearing and decision upon the
same by the court, the court shall enter an order containing the
findings and decision as to the boundaries of the territory to be
annexed. If the trustees of such sanitary district pass an ordinance
annexing the territory described in such order to the sanitary district,
the court shall enter an appropriate order, and such additional
territory shall thenceforth be deemed an integral part of such sanitary
district.
(Source: P.A. 83-343.)
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(70 ILCS 2805/32a.1) (from Ch. 42, par. 443a.1)
Sec. 32a.1.
Whenever any contiguous, uninhabited, unincorporated territory
is owned by any sanitary district organized under this Act, that territory
may be annexed by that sanitary district by the passage of an ordinance to
that effect by the board of trustees of the sanitary district, describing
the territory to be annexed. After the passage of such ordinance of
annexation a copy of such ordinance, with an accurate map of the territory
annexed, certified as correct by the Clerk of the District, shall be filed
with the County Clerk of the County in which the annexed territory is
situated.
(Source: Laws 1961, p. 550.)
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(70 ILCS 2805/32a.2) (from Ch. 42, par. 443a.2)
Sec. 32a.2.
Any sanitary district may annex any territory contiguous to it
even though the annexed territory is dedicated or used for street or
highway purposes if no part of the annexed territory is within any other
sanitary district. After passage of the ordinance of annexation a copy of
the ordinance with an accurate map of the territory annexed certified as
correct by the Clerk of the District shall be filed with the County Clerk
of the County in which the annexed territory is situated.
(Source: Laws 1961, p. 550.)
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(70 ILCS 2805/32a.3) (from Ch. 42, par. 443a.3)
Sec. 32a.3.
Unincorporated territory annexation.
Whenever any
unincorporated territory, containing 60 acres or
less, is wholly bounded by any sanitary district organized under this Act,
that territory may be annexed by that sanitary district by the passage of
an ordinance to that effect by the board of trustees of the sanitary
district, describing the territory to be annexed. Prior to the passage of
such ordinance, the record owners of all parcels to be annexed shall be
notified of the planned annexation. After the passage of such
ordinance of annexation a copy of such ordinance, with an accurate map of
the territory annexed, certified as correct by the clerk of the board of
trustees, shall be filed with the County Clerk of the County in which the
annexed territory is situated.
(Source: P.A. 90-558, eff. 12-12-97.)
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(70 ILCS 2805/32a.4) (from Ch. 42, par. 443a.4)
Sec. 32a.4.
Any sanitary district may annex any territory which is not
within the corporate limits of the sanitary district but which is
contiguous to it and is served by the sanitary district or by a
municipality with sanitary sewers that are connected and served by the
sanitary district or by any other sewer system that is connected to and
served by the sanitary district by the passage of an ordinance to that effect
by the
board of trustees, describing the territory to be annexed. A copy of the
ordinance with an accurate map of the annexed territory, certified as
correct by the clerk of the district shall be filed with the county clerk
of the county in which the annexed territory is located.
For purposes of
this Act, a property is served by a sanitary district if a sewer that is
part of the sanitary district's sewer system, part of the sewer system of a
municipality that is connected to the sanitary district, or part of any
other sewer system that connects to and is served by the sanitary district
has been extended to, across, or along the property, whether or not the
buildings on the property are physically connected to the sewer.
(Source: P.A. 91-547, eff. 8-14-99.)
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(70 ILCS 2805/32a.4a) (from Ch. 42, par. 443a.4a)
Sec. 32a.4a.
The corporate authorities of any sanitary district may
enter into an agreement with one or more of the owners of record of land
in any territory which may be annexed to such sanitary district as provided
in this Act. Such agreement may provide for the annexation of such territory
to the sanitary district, subject to the provisions of this Act, and any
other matter not inconsistent with the provisions of this Act, nor forbidden
by law. Such agreement shall be valid and binding for a period not to exceed
20 years from the date of
execution thereof.
Any action taken by the corporate authorities during the period such
agreement is in effect, which, if it applied to the land which is the subject
of the agreement, would be a breach of such agreement, shall not apply to
such land without an amendment of such agreement.
Any such agreement executed after the effective date of this amendatory
Act of 1983 and all amendments of annexation agreements, shall be entered
into in the following manner. The corporate authorities shall fix a time
for and hold a public hearing upon the proposed annexation agreement or
amendment, and shall give notice of the proposed agreement or amendment
not more than 30 nor less than 15 days before the date fixed for the hearing.
This notice shall be published at least once in one or more newspapers
published within the sanitary district or, if there is no newspaper
published in the district, in a newspaper published in the county and having
general circulation in the district. After such hearing the agreement or
amendment
may be modified before execution thereof. The annexation agreement or
amendment
shall be executed by the president of the board of trustees only after such
hearing and upon the adoption of a resolution directing such execution,
which resolution must be passed by a vote of two-thirds of the corporate
authorities then holding office.
Any annexation agreement executed pursuant to this Section shall be binding
upon the successor owners of record of the land which is the subject of
the agreement and upon successor corporate authorities of the sanitary district
and successor sanitary districts. Any party to such agreement may by civil
action, mandamus or other proceeding, enforce and compel performance of the
agreement.
Any annexation agreement executed prior to the effective date of this
amendatory Act of the 91st General Assembly which was executed
pursuant to a two-thirds vote
of the corporate authorities and which contains provisions not inconsistent
with this Section is hereby declared valid and enforceable as to such
provisions
for the effective period of such agreement, or for 20 years from the
date
of execution thereof, whichever is shorter.
The effective term of any Annexation Agreement executed prior to the
effective date of this amendatory Act of the 91st General Assembly
may be extended at any time
prior to the original expiration date to a date which is not later than
20 years from the date of execution of the original Annexation
Agreement.
(Source: P.A. 91-547, eff. 8-14-99.)
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(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5) Sec. 32a.5. Disconnection of contiguous territory on the border of a district. (a) Any contiguous territory located within the boundaries of any sanitary district organized under this Act, and upon the border of such district, may become disconnected from such district in the manner provided in this Section. Ten per cent or more of the legal voters resident in the territory sought to be disconnected from such district, may petition the circuit court for the county in which the original petition for the organization of the district was filed, to cause the question of such disconnection to be submitted to the legal voters of such territory whether the territory shall be disconnected. The petition shall be addressed to the court and shall contain a definite description of the boundaries of such territory and recite as a fact, that as of the date the petition is filed there is no bonded indebtedness of the sanitary district outstanding and that no special assessments for local improvements were levied upon or assessed against any of the lands within such territory or if so levied or assessed, that all of such assessments have been fully paid and discharged and that such territory is not, at the time of the filing of such petition, and will not be, either benefited or served by any work or improvements either then existing or then authorized by the sanitary district. Upon filing such petition in the office of the circuit clerk of the county in which the original petition for the formation of such sanitary district has been filed it is the duty of the court to consider the boundaries of such territory and the facts upon which the petition is founded. The court may alter the boundaries of such territory and shall deny the prayer of the petition, if the material allegations therein contained are not founded in fact. The decision of the court is appealable as in other civil cases. Notice shall be given by the court of the time and place when and where all persons interested will be heard substantially as provided in and by Section 1 of this Act. The conduct of the hearing on the question whether such territory shall become disconnected shall be, as nearly as possible, in accordance with Section 1 of this Act. The court shall certify the question to the proper election officials who shall submit the question at an election in accordance with the general election law. The question shall be in substantially the following form: For disconnection from sanitary district. Against disconnection from sanitary district. If a majority of the votes cast on the question shall be in favor of disconnection, and if the trustees of such sanitary district shall, by ordinance, disconnect such territory, thereupon the court shall enter an appropriate order of record in the court and thereafter such territory shall be deemed disconnected from such sanitary district. (b) Contiguous territory located within the boundaries of a sanitary district organized under this Act and upon the border of the district may become disconnected from the district without following the procedures of subsection (a) by ordinance or resolution of both the sanitary district and the unit of local government or another sanitary district within which the territory is located if (i) there are no outstanding bond payments or debts to be repaid or (ii) the acquiring sanitary district process of wastewater treatment exceeds the acquiree wastewater treatment process as defined by the United States Environmental Protection Agency's Primer for Municipal Wastewater Treatment Systems or a successor document. (Source: P.A. 103-996, eff. 8-9-24.) |
(70 ILCS 2805/32a.5-1)
Sec. 32a.5-1.
Disconnection by agreement.
(a) A territory that (1) is located within the boundaries and upon the
border of a sanitary district organized under this Act, (2) is contiguous, and
(3) has no registered voters residing within it, may be disconnected from the
district by agreement in accordance with this Section. A referendum is not
required for disconnection by agreement in accordance with this Section.
(b) The owners of territory that is eligible for disconnection by agreement
under this Section may enter into a disconnection agreement with the board of
trustees of the district. The agreement must contain a definite description of
the boundaries of the territory to be disconnected. The agreement may provide
for payment to the district by the owners of the territory of a reasonable
amount to compensate the district for the loss of future revenues from the
territory and may include any other provisions or requirements deemed
appropriate by the board of trustees. The agreement shall not become effective
without (1) the consent of all owners of record of the territory, (2) the
consent of the board of trustees of the district, and (3) the approval of the
circuit court as provided in subsection (c).
(c) Upon execution of an agreement under subsection (b), the owners of the
territory may bring a petition for approval of the agreement and disconnection
of the territory from the district in the circuit court for the county in which
the original petition for the organization of the district was filed. The
petition shall be addressed to the court and shall include a copy of the
proposed disconnection agreement. The petition shall recite as a fact that
as of the date the petition is filed there is no bonded indebtedness of the
sanitary district outstanding and that all special assessments for local
improvements that have been levied upon or assessed against the territory have
been fully paid and discharged.
Upon the filing of a petition under this Section, the court shall hold a
hearing on the petition at which the district and any of the residents or
landowners of the district may be heard. The court shall give notice of the
hearing in the manner provided in subsection (d) of Section 1 of this Act.
The court shall consider the boundaries of the territory to be disconnected,
the terms of the disconnection agreement between the owners and the district,
and the facts upon which the agreement and the petition are founded. The court
may approve the agreement and order the territory disconnected from the
district if it determines that the requirements of this Section have been met,
that the material allegations upon which the agreement and the petition are
founded are true, and that the disconnection is not unreasonable or contrary to
the general interests of the residents and landowners of the district. If the
court determines that the requirements of this Section have not been met, that
any material allegation upon which the agreement or the petition are founded is
untrue, or that the disconnection is unreasonable or contrary to the general
interests of the residents and landowners of the district, it shall not then
approve the agreement or order the territory disconnected from the district,
but it may allow the district and the owners of the territory to amend the
petition and agreement or take other action to cure the defect. The decision
of the court is appealable as in other civil cases.
(Source: P.A. 89-705, eff. 1-31-97.)
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(70 ILCS 2805/32a.6) (from Ch. 42, par. 443a.6)
Sec. 32a.6.
For purposes of this Act, territory to be organized as a
sanitary district shall be considered to be contiguous territory, and territory
to be annexed to a sanitary district shall be considered to be contiguous
to the sanitary district notwithstanding that the territory to be so organized
is divided by one or more railroad rights-of-ways or public easements or
that the territory to be so annexed is separated from the sanitary district
by one or more railroad rights-of-ways or public easements. However, upon
such organization or annexation, the area included within any such right-of-way
or public easement shall not be considered a part of or annexed to the sanitary
district.
(Source: P.A. 84-654.)
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(70 ILCS 2805/32b) (from Ch. 42, par. 443b)
Sec. 32b.
Any sanitary district created hereunder, after being authorized
by an affirmative vote of the legal voters of the district at an election
to be held as is hereinafter provided, may acquire, purchase or construct
waterworks, and thereafter operate, improve and extend such waterworks as
defined herein, and pay the cost of such purchase, construction,
improvement or extension by the issuance and sale of general obligation
bonds, revenue bonds or special assessment bonds of the district, which
revenue bonds shall be payable solely from the revenue to be derived from
the operation of the waterworks.
(Source: Laws 1961, p. 3190.)
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(70 ILCS 2805/32b.1) (from Ch. 42, par. 443b.1)
Sec. 32b.1.
The board of trustees of any sanitary district created hereunder,
after receiving a petition in writing, signed by not less than 50% of the
legal voters and not less than 50% of the record owners of land in any contiguous
territory situated within such sanitary district, shall have the power,
by the issuance of revenue bonds, or by special assessment, as determined
by ordinance of the board of trustees, to purchase or construct waterworks
within such contiguous territory and thereafter operate, maintain, improve
and extend such waterworks as defined in this Act. Such petition, when
submitted to the board of trustees, shall contain an estimate of the cost
of the purchase or construction of such waterworks. The ordinance to provide
for the purchase or construction of such waterworks shall be adopted only
by a vote of a majority of the members of the board of trustees. Such ordinance
shall contain an accurate description of the territory which will be affected
by the purchase or construction of the waterworks, and the costs of such
purchase, construction, improvement or extension shall be paid solely by
the issuance and sale of revenue bonds of the district secured by and payable
solely from the revenue to be derived from the operation of such waterworks,
or by special assessment, as the case may be.
Revenue bonds provided for in this Section may be issued in such amounts
as may be necessary to provide sufficient funds to pay all costs of purchasing
or constructing such waterworks, including engineering, legal and other
expenses. Such bonds shall bear interest at a rate not exceeding the rate
permitted by "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended,
payable semi-annually, and shall be payable at such times and places not
exceeding 30 years from their date as shall be prescribed in the ordinance
providing for their issuance. However, if the board of trustees determines
by ordinance that the purchase and construction of such waterworks is to
be secured and paid by special assessment, then the proceedings for making,
levying, collecting and enforcing any special assessment levied hereunder,
the letting of contracts, the issuance of special assessment bonds, the
performance of the work and all other matters required or pertaining to
the purchase or construction and making of the improvements or extensions
shall be as provided in Division 2 of Article 9 of the Illinois Municipal
Code, as heretofore and hereafter amended. Whenever in said Division 2
the words "city council" or the words "board of local improvements" are
used, the same shall apply to the board of trustees constituted by this
Act, and the word "mayor" or "president of the board of local improvement"
shall apply to the president of the
board of trustees constituted by this Act, and the words applying to the
city or its officers in that Article shall be held to apply to the sanitary
district created under this Act and its officers.
(Source: P.A. 83-673.)
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(70 ILCS 2805/32c) (from Ch. 42, par. 443c)
Sec. 32c.
The term waterworks as used in this Act means and includes a
water works system or water supply system in its entirety and any integral
part thereof, including mains, hydrants, meters, valves, stand pipes,
storage tanks, pump tanks, intakes, wells, impounding reservoirs and
purification plants.
(Source: Laws 1945, p. 726.)
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(70 ILCS 2805/32d) (from Ch. 42, par. 443d)
Sec. 32d.
The trustees of such district, when petitioned so to do by
not less than 10% of the legal voters of such district, shall certify
to the proper election officials the proposition of whether
the district should acquire,
purchase or construct, and thereafter operate, improve and extend
waterworks, as herein defined, or any one or more of said things and such
election officials shall submit that proposition at an election in accordance
with the general election law. The
proposition
shall be in substantially the following form:
Shall the................ SanitaryDistrict,......... County, Illinois, YESacquire by purchase or construction, and thereafter operate, improve or NOextend waterworks?
If a majority of the votes cast on the proposition at said election
are in favor thereof, then the trustees of the district shall be
authorized to acquire by purchase or construction, and thereafter
operate, improve or extend waterworks.
(Source: P.A. 81-1489.)
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(70 ILCS 2805/32e) (from Ch. 42, par. 443e)
Sec. 32e.
The trustees of any district, having been authorized by an
election held pursuant to Section 32d, and being desirous of exercising
such authority, shall have an estimate made of the cost of the acquisition
or construction of the contemplated waterworks, and by ordinance shall
provide for the method of financing such acquisition or construction. The
ordinance shall set forth a brief description of the contemplated
waterworks, the estimated cost of acquisition or construction thereof, the
method of financing such acquisition or construction, the amount, rate of
interest, time and place of payment, and other details in connection with
the issuance of any bonds necessary therefor. If all or part of such
financing is to be by issuance of revenue bonds, such bonds shall bear
interest at not exceeding the rate permitted by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax anticipation
warrants subject to interest rate limitations set forth therein", approved
May 26, 1970, as amended, payable semi-annually,
and shall be
payable at such times and places not exceeding 30 years from their date as
shall be prescribed in the ordinance providing for their issuance.
This ordinance may contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of payment of the bonds thereby authorized
and as may be thereafter issued, and shall pledge the revenues derived from
the operation of the waterworks for the purpose of paying all maintenance
and operation costs, principal and interest on all bonds issued under the
provisions of this Act, and for providing an adequate depreciation fund,
which depreciation fund is hereby defined for the purposes of this Act to
be for such replacements as may be necessary from time to time for the
continued effective and efficient operation of the waterworks properties of
such district, and such fund shall not be allowed to accumulate beyond a
reasonable amount necessary for that purpose, the terms and provisions of
which shall be incorporated in the ordinance authorizing the issuance of
the revenue bonds.
(Source: P.A. 83-591.)
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(70 ILCS 2805/32f) (from Ch. 42, par. 443f)
Sec. 32f.
Any ordinance adopted pursuant to the preceding section
shall be published in a newspaper published and having a general
circulation in the district undertaking the project or, if there is no
such newspaper, it shall be posted in at least three of the most public
places in the district.
The publication or posting of the ordinance shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the ordinance be submitted to the electors
of the district; (2) the time in which such petition must be filed; and
(3) the date of the prospective referendum. The Clerk of the district shall
provide a petition form to any individual requesting one.
If no petition for a referendum is filed with the Clerk of the
district within 30 after such publication or posting, then,
at the expiration of said 30 days, the ordinance shall be in
full force and effect. If, however, within said period of 30
days a petition is filed with the clerk, signed by a number of the legal
voters within the district equal to 10% or more of the registered
voters within the district, asking that the question of acquiring,
constructing, purchasing, improving or extending the waterworks, and the
issuance of revenue bonds therefor, as provided in the ordinance, be
submitted to the electors of the district, the trustees shall certify such
question to the proper election officials, who shall submit the question at
an election in accordance with the general election law to decide whether
the project and issuance of bonds of the district, as set forth in the
ordinance, should be approved.
If a majority of the votes cast on the question are in favor thereof, the
ordinance shall be in effect. But if a majority of the votes cast on the
question are unfavorable, the trustees shall proceed no further and the
ordinance shall not take effect.
(Source: P.A. 87-767.)
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(70 ILCS 2805/32g) (from Ch. 42, par. 443g)
Sec. 32g.
Bonds provided for in this article shall be issued in such
amounts as may be necessary to provide sufficient funds to pay all costs of
acquisition, including engineering, legal, and other expenses, together
with interest to a date six months subsequent to the estimated date of
completion. Bonds issued under this article are negotiable instruments.
They shall be executed by the president and by the district clerk and shall
be sealed with the corporate seal of the district. In case any of the
officers whose signatures appear on the bonds, or coupons attached thereto,
ceases to hold his office before delivery of the bonds, his signature
nevertheless shall be valid and sufficient for all purposes the same as if
he had remained in office until the delivery of the bonds. The bonds shall
be sold in such manner as the trustee shall determine except that, if
issued to bear interest at the rate of six per cent annually, the bonds
shall be sold for not less than par and accrued interest, and except that
the selling price of bonds bearing less than six per cent interest shall be
such that the interest cost to the district of the money received from the
bond sale shall not exceed six per cent annually computed to maturity
according to standard tables of bond values.
(Source: Laws 1945, p. 726.)
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(70 ILCS 2805/32h) (from Ch. 42, par. 443h)
Sec. 32h.
Revenue bonds issued hereunder shall be payable solely from the
revenue derived from the operation of the waterworks properties maintained
and operated by said district. These bonds shall not in any event
constitute an indebtedness of the district within the meaning of any
constitutional or statutory limitation. It shall be plainly stated on the
face of each bond that the bond has been issued under this act and that it
does not constitute an indebtedness of the district within the meaning of
any constitutional or statutory limitation.
(Source: Laws 1945, p. 726.)
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(70 ILCS 2805/32i) (from Ch. 42, par. 443i)
Sec. 32i.
Any holder of any bond or bonds issued under this Act, or of any
of the coupons appertaining thereto, may, by mandamus, injunction or other
civil action,
enforce and compel the performance of all duties required by Sections 32b
to 32n, inclusive, of this Act, including the making and collecting of
sufficient water rates for the specified purposes provided by said sections
and the proper application of the income therefrom.
(Source: P.A. 83-345.)
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(70 ILCS 2805/32j) (from Ch. 42, par. 443j)
Sec. 32j.
Any district issuing revenue bonds as provided by this Act shall
charge rates for water for all services performed by the waterworks
properties of said district, sufficient at all times to pay the costs of
operation and maintenance, to provide an adequate depreciation fund, and to
pay the principal of and interest upon all revenue bonds issued under the
provisions of this Act.
(Source: Laws 1945, p. 726.)
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(70 ILCS 2805/32k) (from Ch. 42, par. 443k)
Sec. 32k. The trustees of the sanitary district may acquire, by purchase or
contract with an individual, corporation or municipality, a water supply
sufficient for diluting and flushing its sewer system and for the needs of
the inhabitants of the district. In the event that the trustees shall be
unable to agree with any person, corporation or municipality upon the terms
under which it may acquire such a water supply under this act, then the
right to obtain such a supply may be acquired by condemnation in any court
of competent jurisdiction by proceedings in the manner as near as may be as
is provided for the exercise of the right of eminent domain
under the Eminent Domain Act. The
compensation or rates to be paid for such supply of water and the manner of
payment shall be as may be determined by the decree or judgment of the
court wherein such proceedings may be had.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/32l) (from Ch. 42, par. 443l)
Sec. 32l. For the purpose of purchasing any waterworks under this act or
for the purpose of purchasing any property necessary therefor, the district
has the right of eminent domain as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 2805/32m) (from Ch. 42, par. 443m)
Sec. 32m.
Whenever the trustees of a district have been authorized by the
affirmative vote of the legal voters of the district to acquire by purchase
or construction and thereafter operate, improve or extend waterworks, as
herein provided by the provisions of this Act, the cost of the purchase or
construction of waterworks and the cost of making further improvements and
extensions thereto may be paid from the proceeds to be received from the
sale of bonds which may be issued by the district which are payable from
taxes, unlimited as to rate or amount, to be extended against all taxable
property within the district and as herein provided for in Section 11 of
this Act, from the proceeds to be received from the sale of revenue bonds
which shall not constitute an indebtedness of the district and shall be
payable solely and only from the revenues to be derived from the operation
of the waterworks of the district and from assessments to be levied against
property which will be benefited, all as may be determined by the board of
trustees and such board of trustees may elect to use any or all or any
combination of the methods above enumerated in financing the cost thereof.
If revenue bonds are to be issued pursuant to the provisions of this Act
for the purpose of paying the cost of improving or extending waterworks,
the procedure for the issuance thereof and the rights, duties, powers and
authority of the board of trustees of the district shall be the same as is
provided in this Act for the issuance of revenue bonds for the purchase or
construction of waterworks by a sanitary district. It shall constitute no
objection to any special assessment that the improvement for which the same
is levied is situated partly outside the limits of such sanitary district
but no special assessment shall be made upon property situated outside of
such sanitary district and in no case shall any property be assessed more
than it will be benefited by the improvement for which the assessment is
levied or more than its proportionate share of the cost of such
improvement. The proceedings for making, levying, collecting and enforcing
of any special assessment levied hereunder, the letting of contracts,
performance of the work and all other matters pertaining to the
construction and making of the improvement shall be the same as nearly as
may be as is prescribed in Division 2 of Article 9 of the Illinois
Municipal Code, approved May 29, 1961, as heretofore and hereafter
amended. Whenever in said Division 2 the word "city council" or the words
"board of local improvements" are used the same shall apply to the board of
trustees constituted by this Act, and the word "mayor" or "president of the
board of local improvement" shall apply to the president of the board of
trustees constituted by this Act, and the words applying to the city or its
officers in that Article shall be held to apply to the sanitary district
authorized to be organized under the provisions of this Act and its
officers.
(Source: Laws 1963, p. 772.)
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(70 ILCS 2805/32n) (from Ch. 42, par. 443n)
Sec. 32n.
Any district issuing revenue bonds under this Act shall install and
maintain a proper system of accounts, showing the amount of revenue
received and its application. At least once a year the district shall have
the accounts properly audited by a competent auditor. The report of that
audit shall be open for inspection at all proper times to any taxpayer,
water-user, or any holder of bonds issued under this Article, or to anyone
acting for and on behalf of the taxpayer, water-user, or bondholder. The
treasurer of the district shall be custodian and ex-officio collector of
the funds derived from income received from waterworks purchased or
constructed under the provisions of this Act. He shall give proper bond for
the faithful discharge of his duties as such custodian, and this bond shall
be fixed and approved by the trustees.
All of the funds received as income from waterworks purchased or
constructed in whole or in part under the provisions of this Act, and all
of the funds received from the sale of revenue bonds shall be kept separate
and apart from the other funds of the district.
(Source: Laws 1945, p. 726.)
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(70 ILCS 2805/33) (from Ch. 42, par. 444)
Sec. 33.
Except as provided in Section 33.1, any sanitary district created under this Act which does not
have outstanding and unpaid any revenue bonds issued under the
provisions of this Act may be dissolved as follows:
(a) Any 50 electors residing within the area of any sanitary district may
file with the circuit clerk of the county in which the area is situated,
a petition addressed to the circuit court to cause submission of
the question whether
the sanitary district shall be dissolved. Upon the filing of the
petition with the clerk, the court shall certify the question to the proper
election officials who shall submit the question at an election in accordance
with the general election law,
and give notice of the election in the manner provided by the
general election law.
The question shall be in substantially
the following form:
"Shall the sanitary YESdistrict of .... be dissolved?" NO
If a majority of the
votes cast on this question are in favor of dissolution of the sanitary
district, then such organization shall cease, and the sanitary district
is dissolved, and the court shall direct the sanitary district to
discharge all outstanding obligations.
(b) The County of Lake may dissolve the Fox Lake Hills Sanitary District, thereby acquiring all of the District's assets and responsibilities, upon adopting a resolution stating: (1) the reasons for dissolving the District; (2) that there are no outstanding debts of the District or that the County has sufficient funds on hand or available to satisfy such debts; (3) that no federal or State permit or grant will be impaired by dissolution of the District; and (4) that the County assumes all assets and responsibilities of the District. Upon dissolution of the District, the statutory powers of the former District shall be exercised by the county board of the Lake County. Within 60 days after the effective date of such resolution, the County of Lake shall notify the Illinois Environmental Protection Agency regarding the dissolution of the Fox Hills Sanitary District. (c) The board of trustees of the of the Village of Lindenhurst may, by ordinance, terminate the terms of all members of the board of trustees of the Lindenhurst Sanitary District and the powers of the Lindenhurst Sanitary District shall be exercised by the board of trustees of the Village of Lindenhurst, including the District's authority to levy and collect taxes. Once there are no debts of the Lindenhurst Sanitary District or the Village of Lindenhurst has sufficient funds on hand or available to satisfy any debts of the District, the board of trustees of the Village of Lindenhurst may dissolve the Lindenhurst Sanitary District and acquire all of the District's assets and responsibilities if it adopts an ordinance stating: (1) the reasons for dissolving the District; (2) that there are no outstanding debts of the District or that the Village has sufficient funds on hand or available to satisfy the debts; (3) that no federal or State permit or grant will be impaired by dissolution of the District; and (4) that the Village assumes all assets and responsibilities of the District. Upon dissolution of the District, the statutory powers of the former District shall be exercised by the board of trustees of the Village of Lindenhurst. No later than 60 days after the effective date of the ordinance, the Village of Lindenhurst shall notify the Illinois Environmental Protection Agency regarding the dissolution of the District. (Source: P.A. 100-201, eff. 8-18-17; 100-874, eff. 1-1-19; 101-111, eff. 7-19-19.)
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(70 ILCS 2805/33.1) Sec. 33.1. Dissolution of Lakes Region Sanitary District. The Lakes Region Sanitary District may dissolve itself upon entering into a dissolution agreement with Lake County for the county to acquire all of the assets and responsibilities of the district. Upon dissolution of the district, the statutory powers of the former district shall be exercised by the county board of Lake County. No later than 60 days after the effective date of the dissolution, Lake County shall notify the Illinois Environmental Protection Agency of the dissolution of the Lakes Region Sanitary District and provide a copy of the dissolution agreement to the Agency.
(Source: P.A. 100-874, eff. 1-1-19.) |
(70 ILCS 2805/34) (from Ch. 42, par. 445)
Sec. 34.
If the vote is in favor of dissolution of the sanitary district,
there shall be no further appointments for trustees. The officers acting at
the time of this vote shall close up the business affairs of the sanitary
district, and make the necessary conveyances of the title to the sanitary
district property.
(Source: Laws 1957, p. 349.)
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(70 ILCS 2805/35) (from Ch. 42, par. 446)
Sec. 35.
The dissolution of any sanitary district shall not affect the
obligation of any bonds issued or contracts entered into by such district,
nor invalidate the levy, extension or collection of any taxes or special
assessments upon the property in the debtor district, but all such bonds
and contracts shall be discharged.
All money remaining after the business affairs of the sanitary district
have been closed up and all the debts and obligations of the sanitary
district have been paid, shall be paid to the school treasurer of the
school district in which the sanitary district was situated, not including
high school districts; except that after the business affairs of the Lakes Region Sanitary District have been closed up and all the debts and obligations of the Lakes Region Sanitary District have been paid after dissolution under Section 33.1, all money remaining shall be paid to Lake County. When the district was situated in two or more such
school districts the money shall be divided between the districts, each
district to receive an amount based on the ratio of assessed valuation of
real estate of the district which was situated in the sanitary district to
the assessed valuation of the real estate of all school districts which
were situated in the sanitary district.
(Source: P.A. 100-874, eff. 1-1-19.)
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(70 ILCS 2805/36) (from Ch. 42, par. 447)
Sec. 36.
All courts shall take judicial notice of the dissolution of such
sanitary districts.
(Source: Laws 1957, p. 349.)
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(70 ILCS 2805/37) (from Ch. 42, par. 447.1)
Sec. 37.
Whenever any territory contained within a sanitary district created
under this Act is annexed to any municipality, the sanitary district
shall remain responsible for providing sewers and collecting and
disposing of sewage in such territory annexed to the municipality and,
if the sanitary district is operating a water supply system in such
territory at the time of such annexation, the sanitary district shall
remain responsible for supplying water in such territory. The
municipality to which any territory contained within a sanitary district
is annexed shall not, because of such annexation, become responsible for
any obligations, or part thereof, of any sanitary district in which such
territory is also contained. The fact that territory in a sanitary
district is annexed to a municipality shall not affect any obligations,
contracts or duties existing between the sanitary district and the
municipality at the time of such annexation.
Where, however, the territory within any sanitary district created
under this Act becomes wholly included in one or more municipalities and
no part of that territory is in an unincorporated area, any 50 electors
residing within the sanitary district may file, within 6 months after being
wholly included in one or more municipalities, with the circuit clerk
of the county where the district is located, a petition
to submit a public question to referendum on whether the sanitary district
shall be dissolved. Upon filing the petition with the clerk, the circuit court
shall certify the question to the proper election officials who shall submit
the question at an election in accordance with the general election law.
Notice of the referendum shall be given, and the referendum shall be
conducted,
in the manner provided by the general election law.
The question shall be in substantially the following form:
"Shall (name of sanitary district) be dissolved?"
The votes shall be recorded as "Yes" or "No".
If a majority of the votes cast on this question are not in favor of
dissolution of the sanitary district, the sanitary district shall continue in
operation.
If a majority of the votes cast on this question are in favor of dissolution,
then the district is dissolved.
If no petition for referendum is filed with the circuit clerk within
that 6-month period, then that sanitary district is dissolved by operation
of law at the end of that 6-month period. In that event, each of the
municipalities within which the territory of that district is located
(a) shall be responsible for providing sewers for collecting and
disposing of sewage and, if a water supply system was operated by the
sanitary district, for supplying water in the part of the district's
territory situated within the municipal corporate limits; and (b) shall
be liable for that part of any revenue bonded indebtedness of the
district outstanding at the time of its dissolution that is in the same
proportion of the total outstanding revenue bonded indebtedness as the
territory of the district included in that municipality is of the total
territory in the district. The general obligation indebtedness of the
dissolved district shall be paid from the proceeds of continuing taxes
and special assessments as provided in Section 35. The corporate
authorities of the municipalities affected shall agree as to the
distribution of any personal property of the sanitary district.
The corporate authorities of any municipality required to provide
sewer or water service under this Section may levy and collect for that
purpose a tax upon the taxable property within that municipality, the
aggregate amount of which for each year may not exceed .25% of the value
of such property as equalized or assessed by the Department of Revenue
and that tax shall be in addition to taxes authorized
to be levied for the general corporate purposes of the municipality.
If any tax has been levied for sewer and water purposes after October
14, 1969 and before the effective date of this amendatory Act by a
municipality which would have power to levy such a tax under this
amendatory Act, that tax is expressly validated.
(Source: P.A. 89-558, eff. 7-26-96.)
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(70 ILCS 2805/37.1) Sec. 37.1. Dissolution of district with no employees and no bond indebtedness; winding up sanitary district business; tax by acquiring municipalities. (a) Any sanitary district created under this Act which is located in a county having a population of 3,000,000 or more, which is wholly included in 3 or more municipalities, which no part is included in any unincorporated area, which has no employees, and which has no revenue bond indebtedness shall, upon July 10, 2015 (the effective date of Public Act 99-14), be dissolved by operation of law. Each of the municipalities within the territory of a dissolved sanitary district shall be responsible for providing sewers for collecting and disposing of sewage. (b) The officers of any dissolved sanitary district immediately preceding July 10, 2015 (the effective date of Public Act 99-14) shall close up the business affairs of the sanitary district by conveying title of a dissolved sanitary district's property to the municipalities collecting and disposing of sewage and by liquidating any remaining personal property of a dissolved sanitary district. After all the debts and obligations of the dissolved sanitary district have been satisfied, any remaining monies shall be distributed to the municipalities collecting and disposing of sewage in proportion to the percentage of territory located within the boundaries of each affected municipality. (c) The corporate authorities of any municipality required to provide sewer service under this Section after the dissolution of a sanitary district is hereby authorized to levy and collect a tax for the purpose of maintaining, constructing or replacing sewers, upon the taxable property within that municipality, the aggregate amount of which for each year may not exceed 0.25% of the value of such property as equalized or assessed by the Department of Revenue and that tax shall be in addition to any taxes that may otherwise be authorized to be levied for the general corporate purposes of the municipality as currently provided in Section 37 of this Act. Any outstanding obligations of the dissolved sanitary district shall be paid from the taxes levied and collected pursuant to this subsection. If any tax has been levied for sewer or water purposes prior to July 10, 2015 (the effective date of Public Act 99-14) by a municipality that would also have the power to levy such a tax under this subsection, that tax is expressly validated.
(Source: P.A. 99-14, eff. 7-10-15; 100-201, eff. 8-18-17.) |
(70 ILCS 2805/38) (from Ch. 42, par. 447.2)
Sec. 38.
That all sanitary districts heretofore organized under the
provisions of this Act and in which proceedings there was a substantial
compliance with the provisions hereof and a majority of the voters
voting upon the question at an election duly called and held by the
county judge for the purpose of voting upon the organization and
establishment into a sanitary district under the provisions of this Act
of an area of contiguous territory within the limits of a single county
and without the limits of any city, village or incorporated town and
described in the notice given of such election were in favor of such
question and such notice had been given by the county judge or by his
order by publishing the same at least once in one or more daily or
weekly newspapers published within the territory sought to be organized
and established as a sanitary district under the provisions hereof, or
if there was no such newspaper, then such notice had been given by
posting at least 5 copies thereof within such territory, the date of
such publication or posting, as the case may be, being at least 20 days
before the day set for the election, are hereby declared validly and
legally organized and shall be deemed to have been duly, legally and
validly incorporated, organized and established under the provisions of
this Act and to have all the powers, rights, duties and obligations
conferred upon sanitary districts organized under the provisions of this
Act and any and all acts performed and proceedings heretofore had or
performed by any such sanitary districts and boards of trustees thereof
are hereby declared legal and valid in all respects and all
authorizations to acquire by purchase or construction and thereafter
operate, improve or extend waterworks conferred on the board of trustees
by the affirmative vote of a majority of the legal voters voting on the
question at a referendum held within the district are
hereby validated
and the persons constituting the trustees of such districts as
heretofore appointed and qualified and such persons as may hereafter be
appointed and qualified and acting as their successors in office shall
constitute the corporate authority of such district and shall continue
until such time as their successors in office have been duly appointed
and qualified as herein provided.
(Source: P.A. 81-1489.)
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(70 ILCS 2805/39) (from Ch. 42, par. 447.3)
Sec. 39.
Alternative special assessment procedure.
As an alternative to using the procedure prescribed by
Division 2 of Article 9 of the
Illinois Municipal Code, as now or hereafter amended, for making local
improvements by special assessment or special taxation as
provided in Section 28 of this Act, any sanitary district
organized under this Act shall have the power
to make local improvements by special assessment or special
taxation in accordance with the procedure set forth in
Sections 39 through 93 of this Act. The use of this
alternative procedure is not mandatory, but shall be at the
sole discretion of the board of trustees of the
district. The procedure under the Illinois Municipal Code and the procedure
under this Act shall not be combined, and the provisions of
the Illinois Municipal Code shall not be applicable to any such alternative
proceeding under this Act, except that the procedure under
this Act may be used in conjunction with the following provisions of the
Illinois Municipal Code, as now or hereafter amended: Sections
9-2-3, 9-2-4, 9-2-9, 9-2-12, 9-2-45, 9-2-47,
9-2-74 and 9-2-113 relating to federal grants,
federal defense projects and governmental aid and assistance,
Sections 9-2-14 through 9-2-37 and 9-2-49 through 9-2-51
relating to the taking of property, Sections
9-2-66 through 9-2-71 relating to liens, Sections 9-2-81
through 9-2-98 relating to the collection of special
assessments and Sections 9-2-120 through 9-2-137 relating
to bonds. When such procedures are combined the committee
of local improvements created under this Act may perform all
acts to be performed by the board of local improvements
under the Illinois Municipal Code.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/40) (from Ch. 42, par. 447.4)
Sec. 40.
Appointed committee of local improvements.
The board of any
district may appoint a committee of local improvements consisting of the
members of the board of trustees. The board's right to raise or lower the
compensation of any committee member on account of any other office or
employment shall not be restricted on account of such person's committee
membership. The committee shall elect one member as chairman, one member
as vice chairman and from within or outside its membership a clerk and such
other assistant clerks or officers as the committee may determine to be
appropriate. The board shall provide by resolution for compensation not to
exceed $15 per day for each member of the committee while performing his or
her duties as a member of the committee.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/41) (from Ch. 42, par. 447.5)
Sec. 41.
Ordinance authorizing improvements.
When any district provides
by ordinance for the making of any local improvement, it shall prescribe by
the same ordinance whether the improvement shall be made by special
assessment or special taxation of benefited property, by general taxation,
by special assessment of benefited property and by general taxation or by
special taxation of benefited property and by general taxation.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/42) (from Ch. 42, par. 447.6)
Sec. 42.
Restriction on passage of ordinance and abandonment of proposed
improvement. No ordinance for any local improvement, to be paid wholly or
in part by special assessment or special taxation, shall be considered or
passed by the board of any district unless the ordinance is first
recommended by the committee of local improvements; provided, however, that
after the ordinance for any local improvement has been adopted by the board
and before the same is confirmed in court, the board may by ordinance
abandon any portion of the proposed improvement without further action by
or hearing before the committee.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/43) (from Ch. 42, par. 447.7)
Sec. 43.
Estimate of cost and first resolution.
All ordinances for local improvements to be paid for wholly
or in part by special assessment or special taxation shall
originate with the committee of local improvements to whom petitions for
any local improvement may be addressed, but the committee may
originate a scheme for any such local improvement with or
without a petition, and in either case the validity of any
subsequent resolution, ordinance or proceeding shall not
depend upon the validity or authenticity of any such
petition. The committee may request the board's engineer to
prepare preliminary plans and specifications for the
proposed improvement together with an estimate of the cost
of the improvement (omitting land to be acquired), itemized
to the satisfaction of the committee and certified by the
engineer's signature to be an estimate which does not exceed
the probable cost of the proposed improvement, including the
lawful expenses attending the improvement. Upon presentation
of such preliminary plans and specifications and the
estimate of cost, the committee may adopt a resolution
describing the proposed improvement and scheduling a public
hearing before the committee to consider whether such scheme
shall be recommended to the board. The resolution may
provide that the plans and specifications for the proposed
improvement be made part of the resolution by reference to
plans and specifications on file in the office of the
district's engineer or to plans and specifications adopted
or published by the State of Illinois or any political
subdivision or agency thereof. Whenever the proposed
improvement requires that private or public property be
taken or damaged, the resolution shall describe the property
proposed to be taken or damaged for that purpose. The
committee shall also fix in the resolution a place, day and
time for a public hearing thereon. The hearing shall not be
less than 10 days after the adoption of the resolution.
Notice of the time and place of the public hearing
shall be sent by mail directed to the person or entity shown
by the County Collector's current warrant book to be the
party in whose name the general real estate taxes were last
assessed on each lot, block, tract or parcel of land
fronting on the proposed improvement. Such notices shall be
mailed not less than 5 days prior to the time set for the
public hearing and shall be mailed to each such party at the
address shown for such party in the County Collector's
current warrant book. The notices shall contain the
substance of the resolution adopted by the committee,
the date when an estimate is required by this Act, the estimate of
the cost of the proposed improvement, and a notification
that the extent, nature, kind, character and (when an
estimate is required by the Act) the estimated cost of the
proposed improvement may be changed by the committee at the
public hearing thereon. If upon the hearing the committee
deems the proposed improvement desirable, it shall adopt a
resolution and prepare and submit an ordinance therefor to
the board.
In the event that a local improvement is to be
constructed with the assistance of any agency of the federal
government or other governmental agency, the committee's
resolutions shall set forth that fact, and the estimate of
cost shall set forth and indicate the estimated amount of
assistance to be so provided.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/44) (from Ch. 42, par. 447.8)
Sec. 44. Public hearing and second resolution. At the time and place fixed in the specified notice for the
public hearing, the committee of local improvements shall meet and hear the
representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the
nature thereof or the cost as estimated. The district's
engineer may revise the plans, specifications or estimate of
cost at any time prior to the committee's adoption of a
resolution recommending passage of an ordinance as
hereinafter set forth. The committee may adopt a second or
further resolution abandoning the proposed scheme or
adhering thereto, or changing, altering or modifying the
extent, nature, kind, character and estimated cost, provided
the change does not increase the estimated cost of the
improvement to exceed 20% of the estimate set forth in the
mailed notice of the public hearing without a further public
hearing pursuant to a new mailed notice given in like manner
as the first. Thereupon, if the proposed improvement is not
abandoned, the committee shall have an ordinance prepared
therefor to be submitted to the board. This ordinance shall
prescribe the nature, character, locality and description of
the improvement and shall provide whether the improvement
shall be made wholly or in part by special assessment or
special taxation of benefited property and may provide that
plans and specifications for the proposed improvement be
made part of the ordinance by reference to plans and specifications
on file in the office of the district's
engineer or to plans and specifications adopted or published
by the State of Illinois or any political subdivision or
agency thereof. If the improvement is to be paid in part
only by special assessment or special taxation, the
ordinance shall so state. If the improvement requires the
taking or damaging of property, the ordinance shall so
state, and the proceedings for making just compensation
therefor shall be as described in Sections 9-2-14 through
9-2-37 of the Illinois Municipal Code, as now or hereafter amended.
(Source: P.A. 100-201, eff. 8-18-17.)
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(70 ILCS 2805/45) (from Ch. 42, par. 447.9)
Sec. 45. Recommendation by committee. Accompanying any ordinance for a local improvement presented
by the committee of local improvements to the board shall be a
recommendation of such improvement by the committee signed by at least a
majority of the members thereof, together with an estimate
of the cost of the improvement, including the cost of
engineering services, as originally contemplated or as
changed, altered or modified at the public hearing, itemized
so far as the committee deems necessary and signed by the
board's engineer. The recommendation by the committee shall
be prima facie evidence that all the preliminary
requirements of the law have been complied with. If a
variance is shown on the proceedings in the court, it shall
not affect the validity of the proceeding unless the court
deems the variance willful and substantial.
In the event the improvement is to be constructed with
assistance from any agency of the federal government or
other governmental agency, the estimate of cost shall state
this fact and shall set forth the estimated amount
that is to be provided by the agency of the federal
government or other governmental agency.
The person appointed to make the assessments as
provided hereinafter shall make a true and impartial
assessment upon the petitioning district and the property
benefited by such improvement of that portion of the
estimated cost that is within the benefits exclusive of the
amount to be provided by the agency of the federal
government or other governmental agency.
(Source: P.A. 100-201, eff. 8-18-17.)
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(70 ILCS 2805/46) (from Ch. 42, par. 447.10)
Sec. 46.
Publication of ordinance.
Upon the
presentation to the board of the proposed ordinance,
together with the required recommendation and estimate, if
the estimate of costs exceeds the sum of $500,000, exclusive
of the amount to be paid for land to be taken or damaged,
the ordinance shall be published in the usual way, in full,
with the recommendation and estimate, at least 10 days
before any action is taken thereon by the board. Whenever
any plat, plan, specification, profile or drawing is a part
of the ordinance is attached thereto as a part thereof or is
referred to by the ordinance, it is not necessary to publish
that plat, plan, specification, profile or drawing in
connection with the publication of the ordinance.
Publication shall be in a newspaper having general
circulation within the district.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/47) (from Ch. 42, par. 447.11)
Sec. 47.
Special tax.
When the ordinance under
which a local improvement is ordered provides that the
improvement shall be made wholly or in part by special
taxation of benefited property, that special tax shall be
levied, assessed and collected, as nearly as may be, in the
manner provided in the Sections of this Act providing for
the mode of making, assessing and collecting special
assessments. No special tax shall be levied or assessed
upon any property to pay for any local improvement in an
amount in excess of the special benefit which the property
will receive from the improvement. The ordinance shall not
be deemed conclusive of the benefit, but the question of the
benefit and of the amount of the special tax shall be
subject to the review and determination of the court, and
shall be tried in the same manner as in proceedings by
special assessment.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/48) (from Ch. 42, par. 447.12)
Sec. 48.
Special assessment.
When the ordinance
under which a local improvement is ordered to be made
contains no provisions for the condemnation of private
property therefor and provides that the improvement shall be
wholly or in part paid for by special assessment, the
proceedings for the making of that assessment shall be as
provided in the following Sections.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/49) (from Ch. 42, par. 447.13)
Sec. 49.
Petition and jurisdiction of courts.
Upon the passage of any ordinance for a local improvement
the district, by and through an attorney employed for that
purpose, shall file a petition in the circuit court in the
county where the affected territory lies, or if the district
is situated in more than one county and the proposed
improvement lies in more than one county, then in the
circuit court in the county in which the major part of the
territory to be affected thereby is situated, in the name of
the district, requesting that steps be taken to levy a
special assessment for the improvement in accordance with
the provision of that ordinance. There shall be attached to
or filed with this petition a copy of the ordinance,
certified by the clerk under the corporate seal, and also a
copy of the recommendation of the committee of local improvements and of the
estimate of cost as approved by the board. The failure to
file any of these copies shall not affect the jurisdiction
of the court to proceed in the cause and to act upon the
petition, but if it appears in any such cause that the
copies have not been attached to or filed with the petition
before the filing of the assessment roll therein, then, upon
motion of any objector for that purpose on or before
appearance day in the cause, such copies shall be so filed.
The several circuit courts of this State have jurisdiction
of any proceeding under this Act.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/50) (from Ch. 42, par. 447.14)
Sec. 50.
Appointment of assessing officer.
Upon or before the filing of
such a petition, some resident of the district appointed by the chairman of
the committee of local improvements shall make a true and impartial
assessment of the cost of the specified improvement upon the petitioning
district and the property benefited by the improvement. This officer need
not file an oath, and his appointment need not be confirmed by the court.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/51) (from Ch. 42, par. 447.15)
Sec. 51.
Apportionment of cost.
The officer
specified in Section 50 shall estimate what portion of
the total cost of such improvement will be of benefit to the
public and what proportion thereof will be of benefit to the
property to be benefited, and he shall apportion the total
cost between the district and that property so that each
will bear its relative equitable proportion. Having found
these amounts, such officer shall apportion and assess the
amount so found to be of benefit to the property upon the
several lots, blocks, tracts and parcels of land in the
proportion in which they will be severally benefited by the
improvement. No lot, block, tract or parcel of land shall
be assessed a greater amount than it will be actually
benefited. When the proposed improvement is for the
construction of a sewer, it is the duty of such officer to
investigate and report the district which will be benefited
by the proposed sewer, describing the district by boundaries.
Where the improvement is to be constructed with aid
from any agency of the federal government, or other
governmental agency, the proportion of the total cost of the
improvement to be raised by the district in addition to such
aid shall be the amount allocated between public benefits
and benefits of the property affected as above provided.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/52) (from Ch. 42, par. 447.16)
Sec. 52.
Determination of benefit to private
property owners by assessing officer. In determining
the benefit to be received by private property owners as a
result of a proposed improvement, the assessing officer, in
his or her discretion, may take into account any one or more of the
following elements and assign a weight to each: front
footage, lot area, lot depth, assessed valuation, number of
buildable sites, zoning, highest and best use, acreage,
health benefits or a mandate from any governmental agency or
a certification from the district's engineer as to the need
to construct or install the proposed improvement in order to
comply with any existing applicable legislation.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/53) (from Ch. 42, par. 447.17)
Sec. 53.
Description of property assessed.
In
levying any special assessment or special tax, each lot,
block, tract or parcel of land shall be assessed separately
in the same manner as upon assessment for general taxation,
except that several lots or parts of land, owned and
improved or listed in the warrant book as one parcel may be
assessed as one parcel. However, this requirement shall not
apply to the property of railroad companies or the right of
way and franchise of street railway companies. Such
property and right of way and franchise may be described in
any manner sufficient to reasonably identify the property
intended to be assessed.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/54) (from Ch. 42, par. 447.18)
Sec. 54.
Assessment roll, notice and affidavit
of compliance. The assessment roll shall contain (1) a list
of all the lots, blocks, tracts and parcels of land assessed
for the proposed improvement, (2) the amount assessed
against each, (3) the name of the person or entity shown by
the county collector's current warrant book to be the party
in whose name general real estate taxes were last assessed
on each such lot, block, tract or parcel and (4) the
address, if any, for such person or entity as shown on such
current warrant book. In case of an assessment in
installments the amount of each installment shall also be
stated. The officer making the roll shall certify under
oath that he believes that the amounts assessed against the
public and each parcel of property are just and equitable
and do not exceed the benefit which in each case will be
derived from the improvements and that no lot, block, tract
or parcel of land has been assessed more than its
proportionate share of the cost of the improvement.
Notice shall be given of the nature of the improvement,
of the pendency of the proceeding, of the time and place of
filing the petition therefor, of the time and place of
filing the assessment roll therein, and of the time and
place at which application will be made for confirmation of
the assessment, the same to be not less than 15 days after
the mailing of such notices. The notices shall be sent by
mail postpaid to each of the specified persons or entities
in whose names general real estate taxes were last assessed
at the addresses as shown in the assessment roll, but no
such notice need be mailed to any such person or entity
whose address is not so shown.
The notice shall state the amount assessed against the
specific property on account of which the notice is sent,
the total amount of the cost of the improvement and the
total amount assessed as benefits upon the public.
Where the improvement is to be constructed with aid
furnished by any agency of the federal government or other
governmental agency, the notice shall set forth the
estimated amount of aid to be so furnished.
An affidavit shall be filed before the final hearing
showing a compliance with the requirements of this Section
and also showing that either the officer making the
specified return or some one acting under his direction
made a careful examination of the collector's current
warrant book and that the report correctly states the
persons and addresses as thereby ascertained. This report
and affidavit shall be conclusive evidence, for the purpose
of this proceeding, of the correctness of the assessment
roll in these particulars. In case the affidavit is found
in any respect wilfully false, the person making it is
guilty of perjury and upon conviction thereof shall be
punished according to the laws of this State.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/55) (from Ch. 42, par. 447.19)
Sec. 55.
Installments and interest.
The
ordinance provided for in this Act may provide that the
aggregate amounts assessed in each individual assessment
shall be divided into annual installments not more than 10
in number. Such division shall be made so that all
installments shall be equal in amount except that any
fractional amount shall be added to the first installment.
The first installment together with interest thereon and
on the unpaid balance of the assessment shall be due and
payable on first January 2nd after the date of the first
voucher issued on account of the work, and successive
installments and interest shall be due on each January 2nd
thereafter until the assessment is paid. The district shall
file with the clerk of the circuit court in which such
assessment was confirmed a certificate signed by its clerk
or assistant clerk of the date of the issuance of the first
voucher within 30 days after the issuance thereof. All
installments shall bear interest until paid at a rate
specified in the ordinance, which shall not exceed the
greater of 9% per annum or 125% of the rate for the most
recent date shown in the 20 G.O. Bonds Index or average
municipal bond yields as published in the most recent
edition of The Bond Buyer, published in New York, New York,
at the time the ordinance is passed. Interest on
assessments shall begin to run from 30 days after the date
of the first voucher issued on account of construction work
done, and all accrued interest shall be payable with each
successive annual installment. In all cases the district's
collector, whenever payment is made on any installment,
shall collect interest on the entire unpaid balance of the
assessment up to the date of such payment whether the
payment be made at or after maturity. Any person may at any
time pay the whole assessment against any lot, piece or
parcel of land or any installment thereof with interest up
to the date of the payment.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/56) (from Ch. 42, par. 447.20)
Sec. 56.
Notice by publication.
Petitioner, in
addition to other required notices, shall
publish a notice at least twice, not more than 30 nor less
than 15 days in advance of the time at which confirmation of
the specified assessment is to be sought, in a newspaper
having a general circulation within the district. The
notice may be substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that
the board of trustees of the ........ sanitary district
having ordered that (here insert a brief description of the
nature of the improvement), the ordinance for the
improvement being on file in the office of the district
clerk, having applied to the circuit court of .......
County for an assessment of the costs of the improvement,
according to benefits, and an assessment therefor having
been made and returned to that court, the final hearing
thereon will be had on (insert date) at ....... o'clock, or as soon thereafter
as the business of
the court will permit. All persons desiring may file
objections in that court before that day and may appear on
the hearing and make their defense."
Where the assessment is payable in installments, the
number of installments and the rate of interest also may be
stated.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 2805/57) (from Ch. 42, par. 447.21)
Sec. 57.
Objections.
Any person interested in
any real estate to be affected by an assessment may appear
and file objections to the report by the time mentioned in
the notice or within such further time as the court may
allow.
As to all lots, blocks, tracts and parcels of land to
the assessment of which objections are not filed within the
specified time or such other time as may be ordered by the
court, default may be entered, and the assessment may be
confirmed by the court notwithstanding the fact that
objections may be pending and undisposed of as to other
property. Such order of partial confirmation shall be final
and appealable with respect to the property as to which the
assessment is confirmed.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/58) (from Ch. 42, par. 447.22)
Sec. 58.
Review of assessment roll by the court.
Upon written objections or motions for that purpose the
court in which the specified proceeding is pending may
inquire in a summary way whether the officer making the
report has omitted any property benefited and whether or not
the assessment as made and returned is an equitable and just
distribution of the cost of the improvement, first, between
the public and the property, and second, among the parcels
of property assessed. The court has the power on such
application being made to revise and correct the assessments
levied, to change or modify the distribution of the total
cost between the public and property benefited, to change
the manner of distribution among the parcels of private
property and to strike out of the roll of awards by the
commissioners filed in the case the amount or amounts shown
as compensation for property which property has been
theretofore donated by any person or persons for the making
of the proposed improvement so as to produce a just and
equitable assessment, considering the nature of the property
assessed and its capacity for immediate use of the
improvement when completed.
The court may either make such corrections or changes,
or determine in general the manner in which the corrections
or changes shall be made and refer the assessment roll to
the officer making the assessment or the district's attorney
for revision, correction or alteration in such manner as the
court may determine. The determination of the court as to
the correctness of the distribution of the cost of the
improvement between the public and the property to be
assessed is appealable as in other civil cases.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/59) (from Ch. 42, par. 447.23)
Sec. 59.
Hearing of legal objections.
On the
application of the petitioner at any time after the return
day the court may set down all objections, except the
objection that the property of the objector will not be
benefited to the amount assessed against it, and that it is
assessed more than its proportionate share of the cost of
the improvement, for a hearing at a time to be fixed by the
court. Upon this hearing the court shall determine all
questions relating to the sufficiency of the proceedings,
the distribution of the cost of the improvement between the
public and the property, and of the benefits between the
different parcels of property assessed, together with all
other questions arising in that proceeding, with the
exception specified, and shall thereupon enter an order in
accordance with the conclusions it reaches. But this order
shall not be a final disposition of any of those questions
for the purpose of appeal unless the objectors waive further
controversy as to the remaining question upon the record.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/60) (from Ch. 42, par. 447.24)
Sec. 60.
Trial by jury.
If it is objected on
the part of any property assessed for such an improvement
that it will not be benefited thereby to the amount assessed
thereon and that it is assessed more than its proportionate
share of the cost of the improvement, and a jury is
expressly demanded in the written objection filed with
respect to such property, the court shall impanel a jury to
try that issue as to that property. As to any property as
to which the written objection fails to demand a jury, the
court shall try that issue as to such property without a
jury. Unless otherwise ordered by the court, all such
objections in which a jury is demanded shall be tried and
disposed of before a single jury. The assessment roll, as
returned by the officer who made it or as revised and
corrected by the court on the hearing of the legal
objections, shall be prima facie evidence of the correctness
of the amount assessed against each objecting owner but
shall not be counted as the testimony of any witness or
witnesses in the cause. That assessment roll may be
submitted to the jury and may be taken into the jury room by
the jury when it retires to deliberate on its verdict.
Either party may introduce such other evidence as may bear
upon that issue or issues. The hearing shall be conducted
as in other civil cases. If it appears that the property of
any objector is assessed more than it will be benefited by
the specified improvement or more than its proportionate
share of the cost of the improvement, the jury or court
shall so find, and it shall also find the amount for which
that property ought to be assessed, and judgment shall be
rendered accordingly.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/61) (from Ch. 42, par. 447.25)
Sec. 61.
Distribution of deficiency and new
notice. Wherever on a hearing by the court or before a
jury the amount of any assessment is reduced or canceled
so that there is a deficiency in the total amount remaining
assessed in the proceeding, the court may in the same
proceeding distribute this deficiency upon the other
property assessed or upon the district on account of public
benefit in such manner as the court finds just and
equitable. In case any portion of this deficiency is
charged against such property not represented in court, a
new notice of the same nature as the original notice shall
be given in like manner as the original notice to show the
cause why the assessment as thus increased should not be
confirmed. The owners of or parties interested in such
property have the right to object in the same form and with
the same effect as in case of the original assessment, and
the court has the same power to dispose thereof.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/62) (from Ch. 42, par. 447.26)
Sec. 62.
Precedence for trial.
The hearing in
all cases arising under this Act shall have precedence over
all other cases in any court where they are brought except
criminal cases or other cases in which the public is a
moving party.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/63) (from Ch. 42, par. 447.27)
Sec. 63.
Modification by court or abandonment of
proposed improvements. The court before which any such
proceedings may be pending may modify, alter, change, annul
or confirm any assessment returned as specified in addition
to the authority already conferred upon it and may take all
such proceedings and make all such orders as may be
necessary to the improvement according to the principles of
this Act and may from time to time continue the application
for that purpose as to the whole or any part of the
premises.
After an ordinance for any local improvement has been
filed in court and before or after the court has entered its
final judgment thereupon, but before any contract for the
work has been entered into, the board may abandon all or any
portion of the proposed improvement by filing with the court
a petition supported by an ordinance adopted by the board,
which need not be preceded by any action or resolution of
the committee. Upon the filing of such petition the court
shall order the adjustment of the assessment roll according
to the changes requested in the petition.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/64) (from Ch. 42, par. 447.28)
Sec. 64.
Acquisition of lands as prerequisite
to special assessment. No special assessment or special tax
shall be levied for any local improvement until the land
necessary therefor has been acquired and is in possession of
the district except in cases where proceedings to acquire
such land have begun and have proceeded to judgment.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/65) (from Ch. 42, par. 447.29)
Sec. 65.
Prior improvement of same kind as objection.
It is no
objection to the legality of any local improvement that a similar
improvement has been previously made in the same locality if the ordinance
therefor is recommended by the committee of local improvements as provided
in this Act. But nothing contained in this Act shall interfere with any
defense in this proceeding relating to the benefits received therefrom.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/66) (from Ch. 42, par. 447.30)
Sec. 66.
Judgment on installment assessments.
In case of a special assessment or a special tax levied to
be paid by installments under the provisions of this Act the
order of confirmation that is entered upon the return of the
assessment roll shall apply to all of the installments
thereof and may be entered in one order.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/67) (from Ch. 42, par. 447.31)
Sec. 67.
Effect of judgment.
The judgments of
the court shall be final as to all the issues involved, and
the proceedings in the specified cause shall be subject to
review by appeal as hereinafter provided and not otherwise.
However, by mutual consent of the district and the affected
property owner or owners such a judgment may be vacated or
modified notwithstanding the expiration of 30 days from the
rendition of the judgment except as hereinafter provided.
Such judgment shall have the effect of several judgments
as to each tract or parcel of land assessed, and no appeal
from any such judgment shall invalidate or delay the
judgments except as to the property concerning which the
appeal is taken.
Such judgment shall be a lien on behalf of the district
making an improvement, for the payment of which the special
tax or special assessment is levied, on the property assessed
from the date upon which a certified copy of said judgment and assessment
roll is recorded in the office of the recorder of deeds of each county in
which any part of the property is located, to the same extent and of equal
force and validity as a lien for the general taxes until the judgment is
paid or the property against which any such judgment is entered is sold to
pay the judgment.
Nothing in this Section shall interfere with the right
of the petitioner to dismiss its proceedings and for that
purpose to vacate such a judgment at its election at any
time before commencing the actual collection of the
assessment. The court in which the judgment is rendered
shall enter an order vacating or annulling the judgment of
confirmation on motion of petitioner entered at any time
after the expiration of 30 days from the rendition of that
judgment or confirmation upon a showing by petitioner that
no contract was let or entered into for the making of the
specified improvement within the time fixed by law for the
letting of the contract, that the making of the improvement
under the original proceeding was never commenced or that
the making of the improvement under the prior proceedings
was abandoned by petitioner. No judgment entered in such a
proceeding so dismissed and vacated shall be a bar to
another like or different improvement. However, after the
contract for the work has been entered into or the
improvement bonds have been issued, no judgment shall be
vacated or modified or any petition dismissed after the
expiration of 30 days from the rendition of the judgment,
nor the collection of the assessment be in any way stayed or
delayed by the board or any officer of the district without
the written consent of the contractor and any and all
bondholders.
Subject to the provisions of Sections 9-2-66 through
9-2-71 of the Illinois Municipal Code, as now or hereafter amended, the
district or its assignee may file a complaint to foreclose the lien in
the same manner that foreclosures are permitted by law in
case of delinquent general taxes. However, no forfeiture of
the property shall be required as a prerequisite to such
foreclosure.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/68) (from Ch. 42, par. 447.32)
Sec. 68.
Validity of special tax for accepted
work and new ordinance. No special assessment or special
tax shall be held invalid because levied for work already
done if it appears that the work was done under a contract
which has been duly let and entered into pursuant to an
ordinance providing that such an improvement should be
constructed and paid for by special assessment or special
tax and that the work was done under the direction of the
committee of local improvements and has been accepted by that committee.
It shall not be a valid objection to the confirmation of this new
assessment that the original ordinance has been declared
invalid or that the improvement as actually constructed does
not conform to the description thereof as set forth in the
original special assessment ordinance if the improvement so
constructed is accepted by the committee. The provisions of
this Section shall apply whenever the prior ordinance is
held insufficient or otherwise defective, invalid or void so
that the collection of the special assessment or special tax
therein provided for becomes impossible. In every such case
when such an improvement has been so constructed and
accepted and the proceedings for the confirmation and
collection of the special assessment or special tax are thus
rendered unavailing, the board shall pass a new ordinance
for the making and collection of a new special assessment or
special tax, and this new ordinance need not be initiated by
the committee.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/69) (from Ch. 42, par. 447.33)
Sec. 69.
Supplemental assessments, rebates and
new hearing in case of deficiency. At any time after the
bids have been received pursuant to the provisions of this
Act, if it appears to the satisfaction of the committee of local
improvements that the first assessment is insufficient to pay the contract
price or the bonds or vouchers issued or to be issued in
payment of the contract price, together with the amount
required to pay the accruing interest thereon, the
committee shall make and file an estimate of the amount of
the deficiency. Thereupon a second or supplemental
assessment for the estimated deficiency of the cost of the
work and interest may be made in the same manner as nearly
as may be as in the first assessment and so on until
sufficient money has been realized to pay for the
improvement and the interest. Alternatively, the district's
board may, pursuant to a new ordinance which need not be
initiated by the committee, file a petition with the court
to assess all or any part of the deficiency against the
district on account of public benefit whereupon the court
shall enter judgment in accordance with the petition. It
shall be no objection to the supplemental assessment that
the prior assessment has been levied, adjudicated and
collected.
If too large a sum is raised at any time, the excess
shall be abated in accordance with Section 22a.48 of this
Act. If the estimated deficiency exceeds 20% of the
original estimate, no contract shall be awarded until a
public hearing has been held on the supplemental proceeding
in like manner as in the original proceedings unless the
board files a petition to assess the entire deficiency
against the district on account of the public benefit as
above provided. More than one supplemental assessment may
be levied to meet a deficiency.
The petitioner, in case it so elects, may dismiss the
petition and vacate the judgment of confirmation at any time
after the judgment of confirmation is rendered and begin
new proceedings for the same or a different improvement as
provided in Section 67.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/70) (from Ch. 42, par. 447.34)
Sec. 70.
New assessment against delinquents.
If
from any cause any district fails to collect the whole or any
portion of any special assessment or special tax which may be
levied, which is not canceled or set aside by the order of
any court, for any public improvement authorized to be made
and paid for by special assessment or a special tax, the
board, at any time within 5 years after the confirmation of
the original assessment, may direct a new assessment to be
made upon the delinquent property for the amount of the
deficiency and interest thereon from the date of the
original assessment, which assessment shall be made as
nearly as may be in the same manner as is prescribed in this
Act for the first assessment. In all cases where partial
payments have been made on such former assessments, they
shall be credited or allowed on the new assessment to the
property for which they were made so that the assessment
shall be equal and impartial in its results. If this new
assessment proves insufficient, either in whole or in part,
the board, at any time within the specified period of 5
years, may order a third new assessment to be levied in the
same manner and for the same purpose. It shall constitute
no legal objection to any new assessment that the property
may have changed hands or been encumbered subsequent to the
date of the original assessment.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/71) (from Ch. 42, par. 447.35)
Sec. 71.
Certification of roll.
Within 10
working days after the filing of the report of the amount
and date of the first voucher issued on account of work
done, as provided in Section 55 of this Act, the clerk
of the court in which such judgment is rendered shall
certify the assessment roll and judgment to the district's
collector, who may be any person designated by the board
from time to time to serve as such collector, or, if there
has been an appeal taken on any part of the judgment, he
shall certify such part of the judgment as is not included
in that appeal. This certification shall be filed by the
collector in his office. With the assessment roll and
judgment the clerk of the designated court shall also issue
a warrant for the collection of the assessment. The court
has the power to recall such warrants as to all or any of
the property affected at any time before payment or sale in
case the proceedings are abandoned by the petitioner or the
judgment is vacated or modified in a material respect as
hereinbefore provided, but not otherwise. In case the
assessment roll has been abated and the judgment reduced in
accordance with the provisions of Section 86, the clerk
of the designated court, within 10 working days thereafter,
shall certify the order of reduction or the roll as so
reduced or recast, under the directions of the court, to
the district's collector and shall issue a warrant for the
collection of the assessment as so reduced or recast.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/72) (from Ch. 42, par. 447.36)
Sec. 72.
Payment in advance for land taken and
credit. Whenever any warrant is issued by the clerk of the
court in which the judgment of confirmation is rendered, for
the collection of any special assessment specified in
Section 71, that warrant shall not authorize the
collection of any assessment levied against the district for
and on account of public benefits, but the clerk shall
likewise certify the assessment roll and judgment to the
collector of the district upon being requested so to do by
that officer. The several and respective installments of
the amounts that may be assessed against the district for
and on account of public benefits and confirmed by the
court, shall be paid out by the district treasurer out of any
money in his hands that may be used for that purpose
whenever he is authorized and directed so to do by the
board. Any such district may pay for any land to be taken
or damaged in the making of any local improvement specified
in Section 9-2-19 of the Illinois Municipal Code, as now or hereafter
amended, before any such assessment or any installment thereof becomes due,
and when the same becomes due, the amount so paid shall be credited upon
the assessment against the district so paying in advance.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/73) (from Ch. 42, par. 447.37)
Sec. 73.
Warrant to collector.
If an appeal is
taken on any part of such judgment and if the board elects
to proceed with the improvement notwithstanding such an
appeal, as provided for in Section 79 of this Act, the
clerk shall certify the appealed portion from time to time
in the manner provided in Sections 71 and 72 as the judgment is rendered
thereon, and the warrant accompanying this certificate in
each case shall be authority for the collection of so much
of the assessment as is included in the portion of the roll
thereto attached.
The warrant in all cases of assessment under this Act
shall contain a copy of the certificate of the judgment
describing the lots, blocks, tracts and parcels of land
assessed so far as they are contained in the portion of the
roll so certified and shall state the respective amounts
assessed on each lot, block, tract or parcel of land and
shall be delivered to the district's collector. The
collector having a warrant for any assessment levied to be
paid by installments may receive any or all of the
installments of that assessment, but if he receives only a
part of the installments, then he shall receive them in
their numerical order.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/74) (from Ch. 42, par. 447.38)
Sec. 74.
Collector's notice.
The collector
receiving such a warrant shall give notice thereof within
30 days by publishing a notice at least twice in a newspaper
having a general circulation within the district. This
notice may be substantially in the following form:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given that the (here insert title of
court) has rendered judgment for a special assessment (or
special tax) upon property benefited by the following
improvement: (here briefly describe the character and
location of the improvement in general terms) as will more
fully appear from the certified copy of the judgment on file
in my office; that the warrant for the collection of this
assessment (or special tax) is in my possession. All
persons interested are hereby notified to call and pay the
amount assessed at the collector's office (here insert
location of office) within 30 days from the date hereof.
Dated (insert date).
...............................
Collector."
When such an assessment or special tax is levied to be
paid in installments, the notice shall also contain the
aggregate amount of each installment, the rate of interest
deferred installments bear and the date when payable.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 2805/75) (from Ch. 42, par. 447.39)
Sec. 75.
Collector's demand.
The collector
into whose possession the warrant comes as far as
practicable shall mail a notice to all persons whose names
appear on the assessment roll at the addresses shown
thereon, informing them of the special assessment and
requesting payment thereof. A collector's omission to mail
such notice shall not affect the validity of the special
assessment or the right of the district to apply for and
obtain a judgment thereon. The collector shall maintain
accurate records of payments received on assessments.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/76) (from Ch. 42, par. 447.40)
Sec. 76.
Contracts payable from assessments and
claims limited to funds collected. Except as otherwise
provided in Section 9-2-113 of the Illinois Municipal
Code, as now or hereafter amended, no person obtaining contracts from the
district and agreeing to be paid out of special assessments or special
taxes has any claim or lien upon the district in any event
except from the collection of special assessments or
special taxes made or to be made for the work contracted
for. However, the district shall cause collections and
payments to be made with all reasonable diligence. If it
appears that such an assessment or tax cannot be levied or
collected, the district nevertheless is not in any way
liable to a contractor in case of failure to collect the
assessment or tax, but, so far as it can legally do so, with
all reasonable diligence, it shall cause a valid assessment
or assessments, or special taxes, to be levied and collected
to defray the cost of the work until all contractors or bond
holders are fully paid. Any contractor is entitled to the
summary relief of mandamus or injunction to enforce the
provisions of this Section.
The district treasurer shall keep a separate account of
each special assessment and of the money received
thereunder.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/77) (from Ch. 42, par. 447.41)
Sec. 77.
Letting contracts and performance of
work by municipality. Except as otherwise provided in
Section 9-2-113 of the Illinois Municipal Code, as now or hereafter
amended, any work or other public improvement, to be paid for in whole or
in part by special assessment or special taxation, when the
expense thereof will exceed $10,000, shall be constructed by
contract let to the lowest responsible bidder in the manner
prescribed in this Act.
In case of any work which it is estimated will not cost
more than $10,000, if, before or after receiving bids, it
appears to the committee of local improvements that the work can be
performed better and cheaper by the district, the committee may
perform that work and employ or contract for the necessary
help or contractor without the necessity of obtaining bids
therefor.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/78) (from Ch. 42, par. 447.42)
Sec. 78.
Assessment roll in case of alternate
specification. Except as otherwise provided in Section
9-2-113 of the Illinois Municipal Code, as now or hereafter amended, if the
ordinance provides for alternate specifications for the kind, nature,
character and description of a proposed improvement or the
materials to be used in its construction and more than one
estimate has been prepared, the engineer shall make his
estimate based upon the highest estimate of the cost of the
proposed improvement.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/79) (from Ch. 42, par. 447.43)
Sec. 79. Manner and time of letting of
contracts. Except as otherwise provided in Section 9-2-113
of the Illinois Municipal Code, as now or hereafter amended, within 6
months after judgment of confirmation of any special assessment or
special tax levied in pursuance of this Act has been entered,
if there is no appeal perfected, or other stay of
proceedings by a court having jurisdiction, or in case the
judgment for the condemnation of any property for any such
improvement, or the judgment of confirmation as to any
property is appealed from, then, if the petitioner files in
the cause a written election to proceed with the work,
notwithstanding the appeal, or other stay, steps shall be
taken to let the contract for the work in the manner
provided in this Act. If the judgment of condemnation or of
confirmation of the special tax or special assessment levied
for the work is appealed from, or stayed by a supersedeas or
other order of a court having jurisdiction, and the
petitioner files no such election, then the steps provided
in this Act for the letting of the contract for the work
shall be taken within 6 months after the final determination
of the appeal or the determination of the stay unless the
proceeding is abandoned as provided in this Act.
(Source: P.A. 101-81, eff. 7-12-19.)
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(70 ILCS 2805/80) (from Ch. 42, par. 447.44)
Sec. 80.
Notice for letting contracts and bids.
Except as otherwise provided in Section 9-2-113 of the
Illinois Municipal Code, as now or hereafter amended, notice shall be given
by the committee of local improvements that bids will be received for the
construction of such an improvement, either as a whole or in such sections
as the committee shall specify in its notice, in accordance
with the ordinance therefor. This notice shall state the
time of opening of the bids, and shall further state where
the specifications for the improvement are to be found, and
whether the contracts are to be paid in cash, vouchers or
bonds, and if in vouchers or bonds, then the rate of
interest the vouchers or bonds shall draw. The notice shall
be published at least twice, not more than 30 nor less than
15 days in advance of the opening of the bids, in one or
more newspapers designated by the committee with a general
circulation within the district.
Proposals or bids may be made either for the work as a
whole or for specified sections thereof if permitted by the
specifications which are part of the ordinance. All
proposals or bids offered shall be accompanied by a bid bond
satisfactory to the committee. These proposals or bids
shall be delivered to the committee, and at the time and
place fixed in the specified notice the committee's engineer
or his delegate shall examine and publicly declare the
proposals or bids.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/81) (from Ch. 42, par. 447.45)
Sec. 81.
Bond of contractor and suit on bond.
Except as otherwise provided in Section 9-2-113 of the
Illinois Municipal Code, as now or hereafter amended, the successful bidder
for the construction of such an improvement shall be required to
enter into a performance and labor and materials bond in a
sum equal to 100% of the amount of his bid with sureties to
be approved by the committee. This bond shall be filed with
the district's clerk and shall be deemed to contain the
provisions set forth in Section 1 of "An Act in relation to bonds of
contractors entering into contracts for public construction", approved June
20, 1931, as now or hereafter amended. When
entering into the contract for the construction of an
improvement the bond shall provide that the contractor shall
well and faithfully perform and execute the work in all
respects according to the complete and detailed
specifications, and full and complete drawings, profiles,
and models therefor, and according to the time and terms and
conditions of the contract, and also that the contractor
shall promptly pay all debts incurred by him in the
prosecution of the work, including those for labor and
materials furnished.
Suit may be brought on the bond in case of default or
failure to pay these debts promptly by and in the name of
the district for all damages sustained either by the
district or by any person interested, or for the damages
sustained by the district and all parties in interest or
by any beneficiary or party interested in the name of the
district for the use of the party interested as beneficial
plaintiff to recover for the labor and materials furnished.
However, in no case shall costs be adjudged against the
district in any suit brought by any party in interest
wherein the district is the nominal, but not the beneficial,
plaintiff.
In advertising for bids or proposals for the
construction of such an improvement, the committee shall
give notice that such a bond will be required, and all bids
or proposals shall be deemed to contain an offer to furnish
such a bond upon the acceptance of such a bid or proposal.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/82) (from Ch. 42, par. 447.46)
Sec. 82.
Acceptance of bid, contract and
forfeiture. Except as otherwise provided in Section 9-2-113
of the Illinois Municipal Code, as now or hereafter amended,
the committee of local improvements may reject
any and all proposals or bids should they deem it best for
the public good. If the committee is of the opinion that a
combination exists between contractors, either to limit the
number of bidders, or to increase the contract price, and
that the lowest bid is made in pursuance thereof, the
committee shall reject all proposals or bids. The committee
may reject the bid of any party who does not have sufficient
financial responsibility, equipment or manpower to perform
the contract, or who has performed unsatisfactorily in
completing other projects for the district. It shall reject
all proposals or bids other than the lowest regular
proposals or bids of any responsible bidder and may award
the contract for the specified work or improvement to the
lowest responsible bidder at the prices named in his bid.
Such an award shall be recorded in the record of its
proceedings. Such an award, if any, shall be made within 90
days after the time fixed for receiving bids or such longer
or shorter period of time as may be specified in the
district's bid documents.
If no award is made within that time, another
advertisement for proposals or bids for the performance of
the work, as in the first instance, may be made, and
thereafter the committee shall proceed in the manner above
provided in this Act. Such a readvertisement shall be
deemed a rejection of all former bids, and thereupon the
bonds corresponding to the bids so rejected shall be
returned to the proper parties. However, the check or bid
bond accompanying any accepted proposal or bid may be
retained in the possession of the district until the
contract for doing the work, as hereinafter provided, has
been entered into by the lowest responsible bidder. But if
that bidder fails, neglects or refuses to enter into a
contract to perform the work or improvement, as provided in
this Act, the bond accompanying his bid and the amount
therein mentioned, shall be declared to be forfeited to the
district and shall be collected by it and paid into its
fund for the repairing and maintenance of like improvements.
Any bond forfeited may be prosecuted and the amount due
thereon collected and paid into the same fund.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/83) (from Ch. 42, par. 447.47)
Sec. 83.
Rejection of bids in case of default.
Except as otherwise provided in Section 9-2-113 of the
Illinois Municipal Code, as now or hereafter amended, if such original
bidder fails or refuses to enter into a contract, which shall be
simultaneously executed by the district and signed by the
chairman of the committee of local improvements and attested by the district's
clerk under the district's seal, then the committee without
further proceedings may again advertise for proposals or
bids as in the first instance and award the contract for the
work to the then regular lowest bidder. The bids of all
persons who have failed to enter into the contract as
provided in this Act shall be rejected in any bidding
subsequent to the first for the same work and in no event
treated as the regular lowest bidder.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/84) (from Ch. 42, par. 447.48)
Sec. 84.
Completing unfinished work and
contractor's bond. Except as otherwise provided in Section
9-2-113 of the Illinois Municipal Code, as now or hereafter amended, if the
contractors who may have taken any contract do not complete the work
within the time mentioned in the contract or within such
further time as the committee may give them, the committee
may relet the unfinished portions of that work after
pursuing the bidding formalities prescribed in this Act for
the letting of the whole in the first instance.
All contractors at the time of executing any contract
for such unfinished work shall execute a bond as provided
for in Section 81 of this Act.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/85) (from Ch. 42, par. 447.49)
Sec. 85.
Appointment of engineers, clerks and
inspectors, execution and acceptance of work and recourse
on District. The committee of local improvements may appoint an engineer
for the committee and such assistant engineers, clerks and
inspectors as may be necessary to carry into effect the
purposes of this Act.
The committee is hereby authorized to make or cause to
be made the written contracts and receive all bonds
authorized by this Act and to do any other act, expressed or
implied, that pertains to the execution of the work provided
for by the ordinance authorizing such work. The committee
shall fix the time for the commencement of the work under
such ordinance and for the completion of the work under
all contracts entered into by it. This work shall be
prosecuted with diligence thereafter to completion, and the
committee may extend the time so fixed from time to time as
they may think best for the public good. The work to be
done pursuant to such contracts in all cases must be done
under the direction and to the satisfaction of the
committee, and all contracts made therefor must contain a
provision to that effect, and also express notice that in no
case, except as otherwise provided in the ordinance, or the
judgment of the court, shall the committee, or district,
except as otherwise provided in this Act, or any officer
thereof, be liable for any portion of the expenses nor for
any delinquency of persons or property assessed.
The acceptance by the committee of any improvement
shall be conclusive in the proceeding to make the
assessment and in all proceedings to collect the assessment
or installments thereof on all persons and property assessed
therefor that the work has been performed substantially
according to the requirements of the ordinance therefor.
However, if any property owner is injured by any failure so
to construct the improvement or suffers any pecuniary loss
thereby, he may recover the amount of the injury in a civil
action against the district making the improvement if the
action is commenced within one year from the date of the
acceptance of the work by the committee.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/86) (from Ch. 42, par. 447.50)
Sec. 86.
Excess of assessments over improvements
and abatement. Except as otherwise provided in Section
9-2-117 of the Illinois Municipal Code, as now or hereafter amended, within
30 days after the final completion and acceptance of the work by the
committee as provided in Section 22a.47, the committee of local
improvements shall have the cost thereof, including the cost of engineering
services, certified in writing to the court in which the
assessment was confirmed, together with an amount estimated
by the committee to be required to pay the accruing interest
on bonds or vouchers issued to anticipate collection.
Thereupon, if the total amount assessed for the improvement
upon the public and private property exceeds the cost of the
improvement, all of that excess, except the amount required
to pay such interest as is provided for in this Act, shall
be abated and the judgment reduced by applying all of the
excess first to the abatement and reduction of the amount
assessed against the district for public benefit and the
remaining excess, if any, to the abatement and reduction of
the amount assessed against the private property to be
benefited by the improvement, which abatement of the
assessment against benefited property shall be credited pro
rata upon the respective assessments for the improvement
under the direction of the court. In case the assessment is
collectible in installments, this reduction shall be made by
reducing the amount of the last installment or installments.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/87) (from Ch. 42, par. 447.51)
Sec. 87.
Report to court, notice of hearing,
certificate of board as prima facie evidence and order. In
every assessment proceeding in which the assessment is
divided into installments, the committee of local improvements shall state
in the certificate whether or not the improvement conforms
substantially to the requirements of the original ordinance
for the construction of the improvements and shall make an
application to the court to consider and determine whether
or not the facts stated in the certificate are true.
Thereupon the court, upon such an application, shall fix a
time and place for a hearing upon the application, and shall
record the application. The time of this hearing shall be
not less than 15 days after the filing of the certificate
and application. Public notice shall be given at least
twice of the time and place fixed for that hearing by
publishing in a newspaper, in the same manner and for the
same period as provided in this Act for publishing notice of
application for the confirmation of the original assessment,
the publication of this notice to be not more than 30 nor
less than 15 days before the day fixed by the order for that
hearing.
At the time and place fixed by the notice or at any
time thereafter, the court shall proceed to hear the
application and any objection which may be filed thereto
within the time fixed in the order. Upon the hearing the
specified certificate of the committee shall be prima facie
evidence that the matters and things stated are true, but if
any part thereof is controverted by objections duly filed
thereto, the court shall hear and determine the objections
in a summary manner and shall enter an order according to
the fact.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/88) (from Ch. 42, par. 447.52)
Sec. 88.
Finding against certificate, completion
of improvement, supplemental applications and bonds. If
upon the hearing the court finds against the allegations of
the certificate, it shall enter an order accordingly. The
committee of local improvements shall then procure the completion of the
improvement in substantial accordance with the ordinance.
The committee from time to time may file additional or
supplemental applications or petitions in respect thereto
until the court eventually is satisfied that the
allegations of the certificate or applications are true and
that the improvement is constructed in substantial
accordance with the ordinance.
If before the entry of such an order upon such a
certificate there has been issued to the contractor in the
progress of any such work bonds to apply upon the contract
price thereof, that contractor or the then owner or holder
of those bonds shall be entitled to receive in lieu thereof
new bonds of equivalent amount, dated and issued after the
entry of that order. Nothing contained in Sections 86
through 88 shall apply to any proceedings under Section
68 for the confirmation of new assessments levied to pay
for the cost of work already done.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/89) (from Ch. 42, par. 447.53)
Sec. 89.
Inspection of work.
The committee of local improvements
shall designate someone to carefully inspect the entire work
done pursuant to any such proceeding and contract and the
materials therefor during the progress of the work to the
end that the contractor shall comply fully and adequately
with all the provisions of the ordinance and of the contract
under which the work is to be done and the specifications therefor.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/90) (from Ch. 42, par. 447.54)
Sec. 90.
Rebates.
If, after final settlement
with the contractor for any improvement and after full
payment of all vouchers or bonds except those bonds and
interest coupons not presented for payment, although called
and for which funds are available and reserved, within the
period of time specified in Section 9-1-5 of the Illinois
Municipal Code, as now or hereafter amended, issued on account of that
improvement, there is any surplus remaining in the special assessment or
special tax above the specified payments and above the
amount necessary for the payment of interest on those
vouchers or bonds, such surplus shall be applied to
reimbursing the public benefit fund for any amounts paid
from such fund on account of the improvement. If, after the
public benefit fund has been reimbursed, a surplus still
remains, the trustees of the district shall declare at once
a rebate upon each lot, block, tract or parcel of land
assessed of its pro rata proportion of that surplus,
provided that no property shall be entitled to a rebate
unless the amount thereof exceeds $25, and on any property
as to which the amount is less than $25 the amount shall be
credited to the district's general fund. Such rebate shall
be paid to the owner of record of each such lot, block,
tract or parcel at the time of the declaration of the
rebate. Should any additional funds be collected after the
original rebate is declared, the district shall not be
required to declare a supplemental rebate for 5 years from
the date the original rebate is declared. The district may
deduct for its cost and expenses for declaring and making
any rebate not more than 5% of the amount declared to be
rebated. The committee shall keep and exhibit publicly in
its office an index of all warrants upon which rebates are
due and payable and upon proper proof, the warrants shall be
repaid to the persons entitled thereto.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/91) (from Ch. 42, par. 447.55)
Sec. 91.
Manner of payment of expenses and
costs. The costs and expenses of maintaining the committee of local
improvements, for paying salaries of the members of the committee, and the
expense of making and levying special assessments or special
taxes and of letting and executing contracts and also the
entire cost and expense attending the making and return of
the assessment rolls and the necessary estimates,
examinations, advertisements and like matters connected with
the proceedings provided for in this Act, including the
court costs and the fees to commissioners in condemnation
proceedings, which are to be taxed as provided in this Act,
shall be paid by the district out of its general corporate
fund, provided that any district may, in the ordinance
providing for the prescribed assessment, provide that a
certain sum, not to exceed 6% of the amount of this
assessment, shall be applied toward the payment of the
specified and other costs of making and collecting this
assessment. The estimate of cost of the improvement may
also provide an item setting forth a reserve for deficiency
in interest not to exceed 6% of the amount of the
assessment.
The limitation in the preceding paragraph shall not
apply to the costs of engineering and inspection connected
with any local improvement, but these costs may be included
in the cost of the improvement to be defrayed by special
assessment or special tax.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/92) (from Ch. 42, par. 447.56)
Sec. 92.
Appeals.
Appeals from final judgments
or orders of any court made in the proceedings provided for
by this Act may be taken in the manner provided in other
civil cases by the district or by any of the owners or
parties interested in land taken, damaged, or assessed
therein. However, no appeal may be taken after 30 days
from the entry of the final judgment or order. Such an
appeal may be prosecuted jointly, and upon a joint bond, or
severally, and upon several bonds, as may be specified in
the order fixing the amount and terms of such bonds.
(Source: P.A. 85-1137.)
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(70 ILCS 2805/93) (from Ch. 42, par. 447.57)
Sec. 93.
Validation of assessments.
No special assessment shall be
considered illegal or invalid on account of any informality in making the
assessment, on account of any step in the procedure specified in this Act
not being made or completed within the time required by law or on account
of any notice or listing, including the assessment roll, having been sent
or referred to a person other than the rightful owner of any property assessed.
(Source: P.A. 85-1137.)
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