HB4365: METRO SANITARY DIST-RENAMING

HB4365 Enrolled LRB104 17396 RTM 30821 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Natural Resources Act is 5 amended by changing Section 5-10 as follows: 6 (20 ILCS 801/5-10) 7 Sec. 5-10. Additional powers. With respect to the water 8 resources of the State, the Office of Water Resources shall 9 have the following powers: 10 (a) To study and investigate ways and means by which the 11 various water uses may be coordinated to the end that the water 12 resources of the State be put to their maximum beneficial use 13 and, in connection therewith, to request any department or 14 agency of the State to make surveys, studies, investigations, 15 prepare plans, reports and furnish such data and information 16 as may be necessary. 17 (b) To coordinate, determine and provide ways and means 18 for the equitable reconciliation and adjustment of the various 19 conflicting claims and rights to water by users or uses. 20 (c) To recommend legislation for the most feasible method 21 or methods of conserving water resources and putting them to 22 the maximum possible use, taking into account the problems of 23 navigation, flood control, river flow control and HB4365 Enrolled - 2 - LRB104 17396 RTM 30821 b 1 stabilization, reclamation, drainage and recapture, and 2 further utilization of water after use for any purpose, 3 domestic and industrial use, irrigation of land, municipal 4 use, development of electric energy, public health, 5 recreational, fish and game life, and other beneficial use. 6 (d) To undertake regulatory flood hazard mapping within 7 this State. 8 (e) To inspect and prescribe standards of repair, 9 maintenance and improvement of the facilities and properties 10 of the Metro-East Flood Prevention District Metro-East 11 Sanitary District . 12 (Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.) 13 Section 10. The Flood Prevention District Act is amended 14 by changing Section 40 as follows: 15 (70 ILCS 750/40) 16 Sec. 40. Budget of the District. The District shall adopt 17 an annual budget by August 31 of each year for the fiscal year 18 beginning October 1. Such budget shall include expected 19 revenues by source and expenditures by project or by function 20 for the following year. The budget must be approved by the 21 county board of the county in which the district is situated 22 prior to any expenditure by the District for the fiscal year 23 beginning October 1. The county board must approve or 24 disapprove the budget of the District within 30 calendar days HB4365 Enrolled - 3 - LRB104 17396 RTM 30821 b 1 after the budget is received by the county board. If the county 2 board does not act to approve or disapprove the budget within 3 30 calendar days of receipt, it shall stand as approved. 4 In addition, the District shall submit an annual report to 5 the county board by August 31 of each year detailing the 6 activities of the district. This report must also include any 7 information submitted to the flood prevention district by a 8 drainage, levee, or sanitary district in accordance with 9 Section 4-45 of the Illinois Drainage Code or Section 2-2 of 10 the Metro-East Flood Prevention District Act Metro-East 11 Sanitary District Act . 12 (Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.) 13 Section 15. The Southwestern Illinois Metropolitan and 14 Regional Planning Act is amended by changing Section 5 as 15 follows: 16 (70 ILCS 1710/5) (from Ch. 85, par. 1155) 17 Sec. 5. The corporate authorities of the Southwestern 18 Illinois Metropolitan and Regional Planning Commission shall 19 consist of commissioners selected as follows: 20 Eight commissioners appointed by the Governor, at 21 least 4 of whom shall be elected officials of a unit of 22 government and at least 7 of whom shall be residents of the 23 Metropolitan and Regional Counties Area. No more than 4 of 24 the Governor's appointees shall be of the same political HB4365 Enrolled - 4 - LRB104 17396 RTM 30821 b 1 party. 2 One member from among the Illinois Commissioners of 3 the Bi-State Development Agency, elected by said 4 commissioners of said Agency, provided that preference 5 shall be given in this appointment to the Chairman or Vice 6 Chairman of said Agency if either or both of those 7 officers is an Illinois resident. 8 The Chairman or presiding officer of each statutory 9 Port District existing or operating within the 10 Metropolitan and Regional Counties Area, or a member of 11 the governing board of each such Port District appointed 12 by the Chairman or presiding officer thereof to serve in 13 his stead. 14 The President of the Metro-East Flood Prevention 15 District Metro-East Sanitary District or a member of the 16 governing board of such District appointed by the 17 President thereto to serve in his stead. 18 Two members from each of the county boards of counties 19 within the Area of operation having a population of less 20 than 100,000, such members to be appointed by the chairman 21 or presiding officer of such counties and in such manner 22 that one of the 2 members so appointed is the chairman or 23 presiding officer of the relevant county board or an 24 elected member of such board appointed to serve in the 25 stead of such chairman or presiding officer. 26 Three members from each of the county boards of HB4365 Enrolled - 5 - LRB104 17396 RTM 30821 b 1 counties within the Area of operation having a population 2 in excess of 100,000, such members to be appointed by the 3 chairman or presiding officer of such counties and in such 4 manner that one of the 3 members so appointed is the 5 chairman or presiding officer of the relevant county board 6 or an elected member of such board appointed to serve in 7 the stead of such chairman or presiding officer; provided, 8 further, that at least one member so appointed from each 9 county having a population in excess of 100,000 shall be a 10 resident in an area of such county outside any city, 11 village or incorporated town, and at least one member so 12 appointed from such counties shall be a resident of a 13 city, village or incorporated town of such county. 14 The Mayor or Village Board President from each city, 15 village or incorporated town in the Area of operation 16 having 4,500 or more inhabitants, or a member of the 17 Council or Village Board appointed by such Mayor or Board 18 President to serve in his stead. 19 One Mayor or Village Board President in each county 20 within the Area of operation from a city, village or 21 incorporated town having fewer than 4,500 inhabitants to 22 be selected by all Mayors or Village Board Presidents of 23 such cities, villages or incorporated towns in each such 24 county. 25 Two members from each township-organized county in the 26 Area of operation who shall be township supervisors HB4365 Enrolled - 6 - LRB104 17396 RTM 30821 b 1 appointed by the Chairman of the relevant county board in 2 such a manner that one of the 2 shall represent a township 3 having fewer than 4,500 inhabitants and one of the 2 shall 4 represent a township having more than 4,500 inhabitants, 5 provided that in the event no township in any such county 6 has in excess of 4,500 inhabitants the supervisor of the 7 township in such county which has the largest number of 8 inhabitants shall be one of the 2 members so appointed by 9 that county. 10 Two members from each commission-organized county in 11 the Area of operation who shall be elected officials of 12 either the county board or of a unit of government in such 13 county and who shall be appointed by the Chairman of the 14 County Board of such county. 15 The President of the Southwestern Illinois Council of 16 Mayors or a Mayor of a community within the Area of 17 operation appointed by such President to serve in his 18 stead. 19 One member from among the Illinois members of the 20 East-West Gateway Coordinating Council, elected by said 21 members of said council, provided preference shall be 22 given in this appointment to the Chairman or Vice Chairman 23 of said Council if either or both of those officers is an 24 Illinois resident. 25 Each selecting authority shall give notice of his, or her, 26 or its selections to each other selecting authority, to the HB4365 Enrolled - 7 - LRB104 17396 RTM 30821 b 1 Executive Director of the Commission, and to the Secretary of 2 State. Selections or appointments to be made for the first 3 time pursuant to this amendatory Act of 1975 shall be made no 4 later than October 1, 1975 and notice given thereon by that 5 date. 6 In addition to the commissioners provided for above, the 7 following shall also be commissioners selected or appointed 8 and notice thereon given as contemplated by the preceding 9 paragraph: 10 Two members from each county in the Area of operation 11 who shall be a chairman of a county planning commission, a 12 chairman of a municipal planning commission, or a county 13 engineer, such members to be appointed by the Chairman of 14 the County Board. 15 The regional superintendent of schools for each 16 educational service region located in whole or in part 17 within the Area of operation. 18 The President of Southern Illinois University at 19 Edwardsville or a person appointed by him to serve in his 20 stead. 21 The Director of Commerce and Economic Opportunity or a 22 person appointed by him to serve in his stead. 23 The district highway engineer for the Illinois 24 Department of Transportation. 25 The Chairman of the Southwestern Illinois Council on 26 Economic Development composed of the Counties of Madison, HB4365 Enrolled - 8 - LRB104 17396 RTM 30821 b 1 St. Clair, Monroe, Randolph, Washington, Bond and Clinton. 2 One representative from each County within the Area of 3 operation who shall be other than an elected official and 4 who shall be appointed by the Chairman of each County 5 Board, provided that each representative so appointed 6 shall be from disadvantaged or minority groups within the 7 County's population. 8 Five Commissioners, appointed by the President of the 9 Commission, with the concurrence of the Executive 10 Committee, one to be selected from each of 5 civic, 11 fraternal, cultural or religious organizations which meet 12 all of the following criteria: 13 (1) has a written charter or constitution and 14 written bylaws; 15 (2) has filed or is eligible to file articles of 16 incorporation pursuant to the General Not for Profit 17 Corporation Act; 18 (3) has been in existence for at least 5 years; and 19 (4) is generally recognized as being substantially 20 representative of the minority population within the 21 Commission's area of operation. 22 The Commission shall develop a fair and reasonable 23 procedure for determining the organizations from which 24 appointments will be made. 25 Within 30 days after selection and before entering upon 26 the duties of his or her office, each commissioner shall take HB4365 Enrolled - 9 - LRB104 17396 RTM 30821 b 1 and subscribe to the constitutional oath of office and file it 2 with the Secretary of State. 3 The Commission shall maintain a level of minority 4 membership equal to or greater than proportionate level of 5 minority population which exists within the area of the 6 Commission. 7 (Source: P.A. 94-793, eff. 5-19-06.) 8 Section 20. The Sanitary District Act of 1907 is amended 9 by changing Sections 29. 29.1, and 29.3 as follows: 10 (70 ILCS 2205/29) (from Ch. 42, par. 274.1) 11 Sec. 29. Any sanitary district organized and operated 12 under this Act and having an equalized assessed valuation for 13 tax purposes of $100,000,000 or more may, by referendum as 14 provided in Sections 29.1 through 29.3, be dissolved and a new 15 district created in accordance with the Metro-East Flood 16 Prevention District Act "Metro-East Sanitary District Act of 17 1974", enacted by the 78th General Assembly . 18 (Source: P.A. 78-1017 .) 19 (70 ILCS 2205/29.1) (from Ch. 42, par. 274.2) 20 Sec. 29.1. When a petition, signed by at least 300 21 registered voters residing within such sanitary district is 22 filed with the State Board of Elections before the November 23 general election in an even-numbered year, and within the time HB4365 Enrolled - 10 - LRB104 17396 RTM 30821 b 1 provided in the general election law, but other than a year in 2 which a regular election for trustees of the district is held, 3 requesting that the proposition that that sanitary district be 4 dissolved and be replaced by a sanitary district organized 5 under the Metro-East Flood Prevention District Act Metro-East 6 Sanitary District Act of 1974 , the Board shall certify the 7 proposition to the proper election officials who shall submit 8 the proposition to the voters of the district at that general 9 election in accordance with the general election law. The 10 proposition shall be in substantially the following form: 11 Shall the.... Sanitary District be dissolved and be 12 replaced by a sanitary district organized under the Metro-East 13 Flood Prevention District Act Metro-East Sanitary District Act 14 of 1974 ? 15 (Source: P.A. 81-1489.) 16 (70 ILCS 2205/29.3) (from Ch. 42, par. 274.4) 17 Sec. 29.3. The State Board of Elections shall proclaim and 18 certify the results of the vote on the proposition. If a 19 majority of those electors properly marking ballots on the 20 proposition vote in favor thereof, the district organized 21 under this Act shall be dissolved, effective upon the 22 expiration of the terms of office of the incumbent trustees, 23 and a new district created as provided in Article I of the 24 Metro-East Flood Prevention District Act Metro-East Sanitary 25 District Act of 1974 . HB4365 Enrolled - 11 - LRB104 17396 RTM 30821 b 1 (Source: P.A. 78-1017 .) 2 Section 25. The North Shore Water Reclamation District Act 3 is amended by changing Section 19.1 as follows: 4 (70 ILCS 2305/19.1) (from Ch. 42, par. 295.1) 5 Sec. 19.1. Acquiring district or municipal treatment 6 works. 7 (a) After incorporation, any district organized under this 8 Act may, in accordance with this Act and an intergovernmental 9 agreement with the sanitary district being acquired or the 10 municipality from whom the treatment works and lines are to be 11 acquired, acquire the territory, treatment works, lines, 12 appurtenances, and other property of (i) any sanitary district 13 organized under this Act, the Sanitary District Act of 1907, 14 the Sanitary District Act of 1917, the Sanitary District Act 15 of 1936, or the Metro-East Flood Prevention District Act 16 Metro-East Sanitary District Act of 1974 or (ii) any 17 municipality whose treatment works were established under the 18 Illinois Municipal Code or the Municipal Wastewater Disposal 19 Zones Act, regardless of whether that district or municipality 20 is contiguous to the acquiring sanitary district. The distance 21 between the sanitary district being acquired or municipality 22 and the acquiring sanitary district, however, as measured 23 between the points on their corporate boundaries that are 24 nearest to each other, shall not exceed 20 miles. In the case HB4365 Enrolled - 12 - LRB104 17396 RTM 30821 b 1 of a municipality, only that property used by the municipality 2 for transport, treatment, and discharge of wastewater and for 3 disposal of sewage sludge shall be transferred to the 4 acquiring sanitary district. 5 (b) The board of trustees of the sanitary district being 6 acquired, or the corporate authorities of a municipality whose 7 treatment works is being acquired, shall, jointly with the 8 board of trustees of the acquiring sanitary district, petition 9 the circuit court of the county containing all or the larger 10 portion of the sanitary district being acquired or the 11 municipality to permit the acquisition. The petition shall 12 show the following: 13 (1) The reason for the acquisition. 14 (2) That there are no debts of the sanitary district 15 being acquired or municipality outstanding, or that there 16 are sufficient funds on hand or available to satisfy those 17 debts. 18 (3) That no contract or federal or State permit or 19 grant will be impaired by the acquisition. 20 (4) That all assets and responsibilities of the 21 sanitary district being acquired or municipality, as they 22 relate to wastewater treatment, have been properly 23 assigned to the acquiring sanitary district. 24 (5) That the acquiring sanitary district will pay any 25 court costs incurred in connection with the petition. 26 (6) The boundaries of the acquired sanitary district HB4365 Enrolled - 13 - LRB104 17396 RTM 30821 b 1 or municipality as of the date of the petition. 2 (c) Upon adequate notice, including appropriate notice to 3 the Illinois Environmental Protection Agency, the circuit 4 court shall hold a hearing to determine whether there is good 5 cause for the acquisition by the acquiring district and 6 whether the allegations of the petition are true. If the court 7 finds that there is good cause and that the allegations are 8 true, it shall order the acquisition to proceed. If the court 9 finds that there is not good cause for the acquisition or that 10 the allegations of the petition are not true, the court shall 11 dismiss the petition. In either event, the costs shall be 12 taxed against the acquiring sanitary district. The order shall 13 be final. Separate or joint appeals may be taken by any party 14 affected by the order as in other civil cases. 15 (d) If the court orders the acquisition contemplated in 16 the petition, there shall be no further appointments of 17 trustees if the acquired agency is a sanitary district. The 18 trustees of the acquired sanitary district acting at the time 19 of the order shall close up the business affairs of the 20 sanitary district and make the necessary conveyances of title 21 to the sanitary district property in accordance with the 22 intergovernmental agreement between the acquiring and acquired 23 sanitary districts. In the case of a municipality, the 24 governing body of the municipality shall make the necessary 25 conveyances of title to municipal property to the acquiring 26 sanitary district in accordance with the intergovernmental HB4365 Enrolled - 14 - LRB104 17396 RTM 30821 b 1 agreement between the municipality and the acquiring sanitary 2 district. The acquiring sanitary district's ordinances shall 3 take effect in the acquired territory upon entry of the order. 4 (e) The acquisition of any sanitary district by another 5 sanitary district or the acquisition of a treatment works from 6 a municipality by another sanitary district shall not affect 7 the obligation of any bonds issued or contracts entered into 8 by the acquired sanitary district or the municipality, nor 9 invalidate the levy, extension, or collection of any taxes or 10 special assessments upon a property in the acquired sanitary 11 district, but all those bonds and contracts shall be 12 discharged. The general obligation indebtedness of the 13 acquired sanitary district shall be paid from the proceeds of 14 continuing taxes and special assessments as provided in this 15 Act. 16 All money remaining after the business affairs of the 17 acquired sanitary district or acquired treatment works of the 18 municipality have been closed up and all debts and obligations 19 of the entities paid shall be paid to the acquiring sanitary 20 district in accordance with the intergovernmental agreement 21 between the parties. 22 (f) The board of trustees of the acquiring sanitary 23 district required to provide sewer service under this Act may 24 levy and collect, for that purpose, a tax on the taxable 25 property within that district. The aggregate amount of the tax 26 shall be as provided in this Act. HB4365 Enrolled - 15 - LRB104 17396 RTM 30821 b 1 (g) Any intergovernmental agreement entered into by the 2 parties under this Section shall provide for the imposition or 3 continuance of a user charge system in accordance with the 4 acquiring district's ordinance, the Illinois Environmental 5 Protection Act, and the federal Clean Water Act. 6 (h) All courts shall take judicial notice of the 7 acquisition of the sanitary district being acquired or 8 municipal treatment works by the acquiring sanitary district. 9 (Source: P.A. 87-1060.) 10 Section 30. The Sanitary District Act of 1917 is amended 11 by changing Sections 1 and 17.1 as follows: 12 (70 ILCS 2405/1) (from Ch. 42, par. 299) 13 Sec. 1. Whenever any area of contiguous territory shall 14 contain one or more incorporated cities, towns or villages or 15 parts of one or more incorporated cities, towns or villages, 16 and shall be so situated that the construction and maintenance 17 of a plant or plants for the purification and treatment of 18 sewage and the maintenance of one or more outlets for the 19 drainage thereof, after having been so treated and purified by 20 and through such plant or plants will conduce to the 21 preservation of the public health, comfort and convenience, 22 the same may be incorporated as a sanitary district under this 23 Act in the manner following: 24 Any 100 legal voters, resident within the limits of such HB4365 Enrolled - 16 - LRB104 17396 RTM 30821 b 1 proposed sanitary district, may petition the Circuit Court in 2 the county in which the proposed district or the major portion 3 thereof is located, to cause the question to be submitted to 4 the legal voters of such proposed district whether such 5 proposed territory shall be organized as a sanitary district 6 under this Act, such petition shall be addressed to the 7 Circuit Court and shall contain a definite description of the 8 territory to be embraced in such district, and the name of such 9 proposed sanitary district: However, no territory shall be 10 included in any municipal corporation formed hereunder which 11 is not situated within the limits of a city, incorporated town 12 or village, or within 6 miles outside thereof, and no 13 territory shall be included within more than one sanitary 14 district organized under this Act or any other Act, except 15 that territory included within a sanitary district organized 16 under the Metro-East Flood Prevention District Act Metro-East 17 Sanitary District Act of 1974 may also be included within a 18 sanitary district organized under this Act. Upon filing of 19 such petition in the office of the circuit clerk in the county 20 in which such territory or the major portion thereof is 21 situated, it shall be the duty of the Circuit Court to name 3 22 judges of such Court who shall constitute a board of 23 commissioners which shall have power and authority to consider 24 the boundaries of any such proposed sanitary district, whether 25 the same shall be as described in such petition or otherwise, 26 and the decision of 2 of such commissioners shall be HB4365 Enrolled - 17 - LRB104 17396 RTM 30821 b 1 conclusive and not subject to review in any manner, directly 2 or indirectly. 3 Notice shall be given by such court of the time and place 4 where such commissioners will meet, by a publication inserted 5 in one or more daily or weekly papers published in such 6 proposed district, at least 20 days prior to such meeting and 7 if no such newspaper is published in such proposed district, 8 then by posting at least 5 copies of such notice in such 9 proposed district at least 20 days before such hearing. 10 At such meeting all persons in such proposed district 11 shall have an opportunity to be heard touching the location 12 and boundary of such proposed district and to make suggestions 13 regarding the same, and such commissioners, after hearing 14 statements, evidence and suggestions, shall fix and determine 15 the limits and boundaries of such proposed district, and for 16 that purpose and to that extent may alter and amend such 17 petition. After such determination by the commissioners or a 18 majority of them, the same shall be incorporated in an order 19 which shall be entered of record in the Circuit Court. Upon the 20 entering of such order, the Circuit Court shall certify the 21 question to the proper election officials who shall submit the 22 question of organization and establishment of the proposed 23 sanitary district as determined by the commissioners, at an 24 election in accordance with the general election law. 25 Each legal voter resident within such proposed sanitary 26 district shall have the right to cast a ballot at such HB4365 Enrolled - 18 - LRB104 17396 RTM 30821 b 1 election. The proposition shall be in substantially the 2 following form: 3 ---------------------------------------------- 4 For Sanitary District 5 ------------------------------------------------------------- 6 Against Sanitary District 7 ------------------------------------------------------------- 8 The Circuit Court shall cause a statement of the result of 9 such election to be entered of record in the Circuit Court. If 10 a majority of the votes cast upon the question of 11 incorporation of the proposed sanitary district shall be in 12 favor of the proposed sanitary district, such proposed 13 district shall thenceforth be deemed an organized sanitary 14 district under this Act. 15 (Source: P.A. 83-1425 .) 16 (70 ILCS 2405/17.1) (from Ch. 42, par. 316.1) 17 Sec. 17.1. Acquiring district or municipal treatment 18 works. 19 (a) After incorporation, any district organized under this 20 Act may, in accordance with this Act and an intergovernmental 21 agreement with the sanitary district being acquired or the 22 municipality from whom the treatment works and lines are to be 23 acquired, acquire the territory, treatment works, lines, 24 appurtenances, and other property of (i) any sanitary district 25 organized under this Act, the Sanitary District Act of 1907, HB4365 Enrolled - 19 - LRB104 17396 RTM 30821 b 1 the North Shore Water Reclamation District Act, the Sanitary 2 District Act of 1936, or the Metro-East Flood Prevention 3 District Act Metro-East Sanitary District Act of 1974 or (ii) 4 any municipality whose treatment works were established under 5 the Illinois Municipal Code or the Municipal Wastewater 6 Disposal Zones Act, regardless of whether that district or 7 municipality is contiguous to the acquiring sanitary district. 8 The distance between the sanitary district being acquired or 9 municipality and the acquiring sanitary district, however, as 10 measured between the points on their corporate boundaries that 11 are nearest to each other, shall not exceed 20 miles. In the 12 case of a municipality, only that property used by the 13 municipality for transport, treatment, and discharge of 14 wastewater and for disposal of sewage sludge shall be 15 transferred to the acquiring sanitary district. 16 (b) The board of trustees of the sanitary district being 17 acquired, or the corporate authorities of a municipality whose 18 treatment works is being acquired, shall, jointly with the 19 board of trustees of the acquiring sanitary district, petition 20 the circuit court of the county containing all or the larger 21 portion of the sanitary district being acquired or the 22 municipality to permit the acquisition. The petition shall 23 show the following: 24 (1) The reason for the acquisition. 25 (2) That there are no debts of the sanitary district 26 being acquired or municipality outstanding, or that there HB4365 Enrolled - 20 - LRB104 17396 RTM 30821 b 1 are sufficient funds on hand or available to satisfy those 2 debts. 3 (3) That no contract or federal or State permit or 4 grant will be impaired by the acquisition. 5 (4) That all assets and responsibilities of the 6 sanitary district being acquired or municipality, as they 7 relate to wastewater treatment, have been properly 8 assigned to the acquiring sanitary district. 9 (5) That the acquiring sanitary district will pay any 10 court costs incurred in connection with the petition. 11 (6) The boundaries of the acquired sanitary district 12 or municipality as of the date of the petition. 13 (c) Upon adequate notice, including appropriate notice to 14 the Illinois Environmental Protection Agency, the circuit 15 court shall hold a hearing to determine whether there is good 16 cause for the acquisition by the acquiring district and 17 whether the allegations of the petition are true. If the court 18 finds that there is good cause and that the allegations are 19 true, it shall order the acquisition to proceed. If the court 20 finds that there is not good cause for the acquisition or that 21 the allegations of the petition are not true, the court shall 22 dismiss the petition. In either event, the costs shall be 23 taxed against the acquiring sanitary district. The order shall 24 be final. Separate or joint appeals may be taken by any party 25 affected by the order as in other civil cases. 26 (d) If the court orders the acquisition contemplated in HB4365 Enrolled - 21 - LRB104 17396 RTM 30821 b 1 the petition, there shall be no further appointments of 2 trustees if the acquired agency is a sanitary district. The 3 trustees of the acquired sanitary district acting at the time 4 of the order shall close up the business affairs of the 5 sanitary district and make the necessary conveyances of title 6 to the sanitary district property in accordance with the 7 intergovernmental agreement between the acquiring and acquired 8 sanitary districts. In the case of a municipality, the 9 governing body of the municipality shall make the necessary 10 conveyances of title to municipal property to the acquiring 11 sanitary district in accordance with the intergovernmental 12 agreement between the municipality and the acquiring sanitary 13 district. The acquiring sanitary district's ordinances take 14 effect in the acquired territory upon entry of the order. 15 (e) The acquisition of any sanitary district by another 16 sanitary district or the acquisition of a treatment works from 17 a municipality by another sanitary district shall not affect 18 the obligation of any bonds issued or contracts entered into 19 by the acquired sanitary district or the municipality, nor 20 invalidate the levy, extension, or collection of any taxes or 21 special assessments upon a property in the acquired sanitary 22 district, but all those bonds and contracts shall be 23 discharged. The general obligation indebtedness of the 24 acquired sanitary district shall be paid from the proceeds of 25 continuing taxes and special assessments as provided in this 26 Act. HB4365 Enrolled - 22 - LRB104 17396 RTM 30821 b 1 All money remaining after the business affairs of the 2 acquired sanitary district or acquired treatment works of the 3 municipality have been closed up and all debts and obligations 4 of the entities paid shall be paid to the acquiring sanitary 5 district in accordance with the intergovernmental agreement 6 between the parties. 7 (f) The board of trustees of the acquiring sanitary 8 district required to provide sewer service under this Act may 9 levy and collect, for that purpose, a tax on the taxable 10 property within that district. The aggregate amount of the tax 11 shall be as provided in this Act. 12 (g) Any intergovernmental agreement entered into by the 13 parties under this Section shall provide for the imposition or 14 continuance of a user charge system in accordance with the 15 acquiring district's ordinance, the Illinois Environmental 16 Protection Act, and the federal Clean Water Act. 17 (h) All courts shall take judicial notice of the 18 acquisition of the sanitary district being acquired or 19 municipal treatment works by the acquiring sanitary district. 20 (Source: P.A. 99-669, eff. 7-29-16.) 21 Section 35. The Metro-East Sanitary District Act of 1974 22 is amended by changing the Act title and Sections 1-1, 3-1, and 23 5-1 as follows: 24 (70 ILCS 2905/Act title) HB4365 Enrolled - 23 - LRB104 17396 RTM 30821 b 1 An Act concerning local government authorizing the 2 reorganization of certain sanitary districts . 3 (70 ILCS 2905/1-1) (from Ch. 42, par. 501-1) 4 Sec. 1-1. This Act shall be known and may be cited as the 5 Metro-East Flood Prevention District Act "Metro-East Sanitary 6 District Act of 1974" . 7 (Source: P.A. 78-1017 .) 8 (70 ILCS 2905/3-1) (from Ch. 42, par. 503-1) 9 Sec. 3-1. The district shall be governed by a Board of 10 Commissioners, consisting of 5 commissioners. Two of the 11 commissioners shall be residents of that portion of the 12 district in the county having the greater equalized assessed 13 valuation within the district's boundaries of the district , 14 and 2 shall be residents of that portion of the district within 15 in the other county. The appointment of commissioners from 16 each county shall be made by the chairman of the county board 17 of that county with the advice and consent of the county board, 18 except that in the case of a home rule county as defined by 19 Article VII, Section 6, of the Constitution of 1970 the 20 appointment shall be made by the chief executive officer of 21 the county with the advice and consent of the county board. 22 Beginning on the effective date of this amendatory Act of the 23 101st General Assembly, the mayor, or his or her designee, of 24 the largest municipality in the county having the greater HB4365 Enrolled - 24 - LRB104 17396 RTM 30821 b 1 equalized assessed valuation within the district's boundaries 2 of the district shall be an ex officio commissioner with a 3 right to vote. If there is not a vacant commissioner position 4 from the county having the greater equalized assessed 5 valuation on the effective date of this amendatory Act of the 6 101st General Assembly, then the term of the last appointed 7 commissioner from that county is terminated on the effective 8 date of this amendatory Act of the 101st General Assembly. 9 The appointed commissioners from each county may not be 10 from the same political party. 11 The County Board Chairman of either county may remove any 12 of the appointed commissioners from his or her county with the 13 advice and consent of the county board. 14 In the first appointments to the Board of Commissioners, 15 the appointing authority appointing 3 directors shall 16 designate one appointee to serve for a term of one year, one 17 for a term of 3 years and one for a term of 5 years, and the 18 appointing authority appointing 2 directors shall designate 19 one to serve for a term of 2 years and one for a term of 4 20 years. Thereafter one commissioner shall be appointed by the 21 appropriate appointing authority each year for a term of 5 22 years to succeed the director whose term expires in that year. 23 Any vacancy on the Board of Commissioners shall be filled by 24 appointment by the appropriate appointing authority for the 25 remainder of the unexpired term. 26 For the purpose of determining the ex officio HB4365 Enrolled - 25 - LRB104 17396 RTM 30821 b 1 commissioner, the county having the greater equalized assessed 2 valuation of the district shall be established on January 1 of 3 each year, and the ex officio commissioner shall serve until 4 January 1 of the following year. 5 (Source: P.A. 101-308, eff. 1-1-20 .) 6 (70 ILCS 2905/5-1) (from Ch. 42, par. 505-1) 7 Sec. 5-1. Taxes; levy. 8 (a) The board may levy and collect taxes for corporate 9 purposes on taxable property within the corporate boundaries 10 of the district including property annexed pursuant to Section 11 2-11. Such taxes shall be levied by ordinance specifying the 12 purposes for which the same are required, and a certified copy 13 of such ordinance shall be filed with the county clerk of the 14 county in which the predecessor district was organized, on or 15 before the second Tuesday in August, as provided in Section 16 122 of the Revenue Act of 1939 (superseded by Section 14-10 of 17 the Property Tax Code). Any excess funds accumulated prior to 18 January 1, 2008 by the sanitary district that are collected by 19 levying taxes pursuant to 745 ILCS 10/9-107 may be expended by 20 the sanitary district to maintain, repair, improve, or 21 construct levees or any part of the levee system and to provide 22 capital moneys for levee or river-related scientific studies, 23 including the construction of facilities for such purposes. 24 For the purposes of this subsection (a), the excess funds 25 withdrawn from the Local Governmental and Governmental HB4365 Enrolled - 26 - LRB104 17396 RTM 30821 b 1 Employees Tort Immunity Fund may not be more than 90% of the 2 balance of that fund on December 31, 2007. After the 3 assessment for the current year has been equalized by the 4 Department of Revenue, the board shall, as soon as may be, 5 ascertain and certify to such county clerk the total value of 6 all taxable property lying within the corporate limits of such 7 districts in each of the counties in which the district is 8 situated, as the same is assessed and equalized for tax 9 purposes for the current year. The county clerk shall 10 ascertain the rate per cent which, upon the total valuation of 11 all such property, ascertained as above stated, would produce 12 a net amount not less than the amount so directed to be levied; 13 and the clerk shall, without delay, certify under his 14 signature and seal of office to the county clerk of such other 15 county, in which a portion of the district is situated such 16 rate per cent; and it shall be the duty of each of the county 17 clerks to extend such tax in a separate column upon the books 18 of the collector or collectors of the county taxes for the 19 counties, against all property in their respective counties, 20 within the limits of the district. All taxes so levied and 21 certified shall be collected and enforced in the same manner, 22 and by the same officers as county taxes, and shall be paid 23 over by the officers collecting the same, to the treasurer of 24 the sanitary district, in the manner and at the time provided 25 by the Property Tax Code. The aggregate amount of taxes levied 26 for any one year, exclusive of the amount levied for the HB4365 Enrolled - 27 - LRB104 17396 RTM 30821 b 1 payment of bonded indebtedness and interest thereon, shall not 2 exceed the rate of .20%, or the rate limitation of the 3 predecessor district in effect on July 1, 1967, or the rate 4 limitation set by subsection (b) whichever is greater, of 5 value, as equalized or assessed by the Department of Revenue. 6 The foregoing limitations upon tax rates may be increased or 7 decreased under the referendum provisions of the Property Tax 8 Code. 9 (b) The tax rate limit of the district may be changed to 10 .478% of the value of property as equalized or assessed by the 11 Department of Revenue for a period of 5 years and to .312% of 12 such value thereafter upon the approval of the electors of the 13 district of such a proposition submitted at any regular 14 election pursuant to a resolution of the board of 15 commissioners or submitted at an election for officers of the 16 counties of St. Clair and Madison in accordance with the 17 general election law upon a petition signed by not fewer than 18 10% of the legal voters in the district, which percentage 19 shall be determined on the basis of the number of votes cast at 20 the last general election preceding the filing of such 21 petition specifying the tax rate to be submitted. Such 22 petition shall be filed with the executive director of the 23 district not more than 10 months nor less than 5 months prior 24 to the election at which the question is to be submitted to the 25 voters of the district, and its validity shall be determined 26 as provided by the general election law. The executive HB4365 Enrolled - 28 - LRB104 17396 RTM 30821 b 1 director shall certify the question to the proper election 2 officials, who shall submit the question to the voters. 3 Notice shall be given in the manner provided by the 4 general election law. 5 Referenda initiated under this subsection shall be subject 6 to the provisions and limitations of the general election law. 7 The question shall be in substantially the following form: 8 - 9 Shall the maximum tax rate 10 for the Metro-East Flood Prevention District Metro-East 11 Sanitary 12 District be established at YES 13 .478% of the equalized assessed 14 value for 5 years and then at .312% ----------------------- 15 of the equalized assessed value 16 thereafter, instead of .2168%, the NO 17 maximum rate otherwise applicable 18 to the next taxes to be extended? 19 ------------------------------------------------------------- 20 The ballot shall have printed thereon, but not as a part of 21 the proposition submitted, an estimate of the approximate 22 amount extendable under the proposed rate and of the 23 approximate amount extendable under the rate otherwise 24 applicable to the next taxes to be extended, such amounts 25 being computed upon the last known equalized assessed value; 26 provided, that any error, miscalculation or inaccuracy in HB4365 Enrolled - 29 - LRB104 17396 RTM 30821 b 1 computing such amounts shall not invalidate or affect the 2 validity of any tax rate limit so adopted. 3 If a majority of all ballots cast on such proposition 4 shall be in favor of the proposition, the tax rate limit so 5 established shall become effective with the levy next 6 following the referendum; provided that nothing in this 7 subsection shall be construed as precluding the extension of 8 taxes at rates less than that authorized by such referendum. 9 Except as herein otherwise provided, the referenda 10 authorized by the terms of this subsection shall be conducted 11 in all respects in the manner provided by the general election 12 law. 13 (Source: P.A. 95-723, eff. 6-23-08; 96-1070, eff. 1-1-11.) 14 Section 40. The Public Utilities Act is amended by 15 changing Section 5-106 as follows: 16 (220 ILCS 5/5-106) (from Ch. 111 2/3, par. 5-106) 17 Sec. 5-106. Each public utility shall have an office in 18 one of the cities, villages or incorporated towns in this 19 State in which its property or some part thereof is located, 20 and shall keep in said office all such books, accounts, 21 papers, records and memoranda as shall be ordered by the 22 Commission to be kept within the State. The address of such 23 office shall be filed with the Commission. No books, accounts, 24 papers, records or memoranda ordered by the Commission to be HB4365 Enrolled - 30 - LRB104 17396 RTM 30821 b 1 kept within the State shall be at any time removed from the 2 State, except upon such conditions as may be prescribed by the 3 Commission. 4 Each public utility shall be liable for, and upon proper 5 invoice from the Commission shall promptly reimburse the 6 Commission for, the reasonable costs and expenses associated 7 with the audit or inspection of any books, accounts, papers, 8 records and memoranda kept outside the State. 9 In the case of a public utility that provides drinking 10 water services, upon the request of a municipal wastewater 11 agency or unit of local government organized under the 12 Sanitary District Act of 1907, the North Shore Water 13 Reclamation District Act, the Sanitary District Act of 1917, 14 the Metropolitan Water Reclamation District Act, the Sanitary 15 District Act of 1936, the Metro-East Flood Prevention District 16 Act Metro-East Sanitary District Act of 1974 , or the Eastern 17 Will Sanitary District Act, such public utility shall provide 18 timely and accurate water usage data, in a format identifiable 19 to the requester, for purposes of calculating wastewater 20 billings. The public utility shall be entitled to collect its 21 reasonable costs incurred to provide such data. 22 (Source: P.A. 103-716, eff. 1-1-25 .) 23 Section 45. The Eminent Domain Act is amended by changing 24 Section 15-5-15 as follows: HB4365 Enrolled - 31 - LRB104 17396 RTM 30821 b 1 (735 ILCS 30/15-5-15) 2 (Text of Section before amendment by P.A. 104-457 ) 3 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 4 through 75. The following provisions of law may include 5 express grants of the power to acquire property by 6 condemnation or eminent domain: 7 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport 8 authorities; for public airport facilities. 9 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport 10 authorities; for removal of airport hazards. 11 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport 12 authorities; for reduction of the height of objects or 13 structures. 14 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate 15 airport authorities; for general purposes. 16 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority 17 Act; Kankakee River Valley Area Airport Authority; for 18 acquisition of land for airports. 19 (70 ILCS 200/2-20); Civic Center Code; civic center 20 authorities; for grounds, centers, buildings, and parking. 21 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center 22 Authority; for grounds, centers, buildings, and parking. 23 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan 24 Exposition, Auditorium and Office Building Authority; for 25 grounds, centers, buildings, and parking. HB4365 Enrolled - 32 - LRB104 17396 RTM 30821 b 1 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center 2 Authority; for grounds, centers, buildings, and parking. 3 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic 4 Center Authority; for grounds, centers, buildings, and 5 parking. 6 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park 7 District Civic Center Authority; for grounds, centers, 8 buildings, and parking. 9 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic 10 Center Authority; for grounds, centers, buildings, and 11 parking. 12 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic 13 Center Authority; for grounds, centers, buildings, and 14 parking. 15 (70 ILCS 200/60-30); Civic Center Code; Collinsville 16 Metropolitan Exposition, Auditorium and Office Building 17 Authority; for grounds, centers, buildings, and parking. 18 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic 19 Center Authority; for grounds, centers, buildings, and 20 parking. 21 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan 22 Exposition, Auditorium and Office Building Authority; for 23 grounds, centers, buildings, and parking. 24 (70 ILCS 200/80-15); Civic Center Code; DuPage County 25 Metropolitan Exposition, Auditorium and Office Building 26 Authority; for grounds, centers, buildings, and parking. HB4365 Enrolled - 33 - LRB104 17396 RTM 30821 b 1 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan 2 Exposition, Auditorium and Office Building Authority; for 3 grounds, centers, buildings, and parking. 4 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan 5 Exposition, Auditorium and Office Building Authority; for 6 grounds, centers, buildings, and parking. 7 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic 8 Center Authority; for grounds, centers, buildings, and 9 parking. 10 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic 11 Center Authority; for grounds, centers, buildings, and 12 parking. 13 (70 ILCS 200/120-25); Civic Center Code; Jefferson County 14 Metropolitan Exposition, Auditorium and Office Building 15 Authority; for grounds, centers, buildings, and parking. 16 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County 17 Civic Center Authority; for grounds, centers, buildings, 18 and parking. 19 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham 20 Metropolitan Exposition, Auditorium and Office Building 21 Authority; for grounds, centers, buildings, and parking. 22 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center 23 Authority; for grounds, centers, buildings, and parking. 24 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic 25 Center Authority; for grounds, centers, buildings, and 26 parking. HB4365 Enrolled - 34 - LRB104 17396 RTM 30821 b 1 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan 2 Civic Center Authority; for grounds, centers, buildings, 3 and parking. 4 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center 5 Authority; for grounds, centers, buildings, and parking. 6 (70 ILCS 200/165-35); Civic Center Code; Melrose Park 7 Metropolitan Exposition Auditorium and Office Building 8 Authority; for grounds, centers, buildings, and parking. 9 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan 10 Exposition, Auditorium and Office Building Authorities; 11 for general purposes. 12 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center 13 Authority; for grounds, centers, buildings, and parking. 14 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center 15 Authority; for grounds, centers, buildings, and parking. 16 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center 17 Authority; for grounds, centers, buildings, and parking. 18 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center 19 Authority; for grounds, centers, buildings, and parking. 20 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center 21 Authority; for grounds, centers, buildings, and parking. 22 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center 23 Authority; for grounds, centers, buildings, and parking. 24 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City 25 Civic Center Authority; for grounds, centers, buildings, 26 and parking. HB4365 Enrolled - 35 - LRB104 17396 RTM 30821 b 1 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan 2 Exposition, Auditorium and Office Building Authority; for 3 grounds, centers, buildings, and parking. 4 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic 5 Center Authority; for grounds, centers, buildings, and 6 parking. 7 (70 ILCS 200/230-35); Civic Center Code; River Forest 8 Metropolitan Exposition, Auditorium and Office Building 9 Authority; for grounds, centers, buildings, and parking. 10 (7