(70 ILCS 2105/1) (from Ch. 42, par. 383)
Sec. 1.
Whenever the unified control of a lake or of a river system
or a portion thereof shall be deemed conducive to the prevention of
stream pollution development, conservation and protection of water
supply, preservation of water levels, control or prevention of floods,
reclamation of wet and overflowed lands, development of irrigation,
conservation of soil, provision of domestic, industrial or public water
supplies, collection and disposal of sewage and other public liquid
wastes, provision of forests, wildlife areas, parks and recreational
facilities, and to the promotion of the public health, comfort and
convenience the same may be organized as a conservancy district under
this Act in the manner following:
One per cent or more of the legal voters resident within the limits
of such proposed district, and, with respect to petitions filed on or
after the effective date of this amendatory Act of 1990, one percent of the
legal voters resident in each county in which the proposed district
is situated, may petition the circuit court for the county
which contains all or the largest portion of the proposed district to
cause the question to be submitted to the legal voters of such proposed
district, whether such proposed territory shall be organized as a
conservancy district under this Act, which petition shall be addressed
to the court and shall contain a general description of the boundaries
of the territory to be embraced in the proposed district and the name of
such proposed district. The description need not be given by metes and
bounds or by legal subdivisions, but it shall be sufficient if a
generally accurate description is given of the territory to be organized
as a district. Such territory need not be contiguous, provided that it
be so situated that the public health, safety, convenience or welfare
will be promoted by the organization as a single district of the
territory described.
Upon filing such petition in the office of the circuit clerk of the
county in which such petition is filed as aforesaid it shall be the duty
of the court to consider the boundaries of any such proposed conservancy
district, whether the same shall be those stated in the petition or
otherwise. The decision of the court is appealable as in other civil
cases.
The court shall by order fix a time and place for a hearing on the
petition not less than 60 days after the date of such order. Notice
shall be given by the court to whom the petition is addressed of the
time and place where such commissioners shall meet for such hearing by a
publication inserted once in one or more daily or weekly papers
published within the proposed conservancy district, or if no daily or
weekly newspaper is published within such proposed conservancy district,
then by posting such notice, at least 10 copies, in such proposed
district at least 20 days before such meeting, in conspicuous public
places as far separated from each other as consistently possible.
At such hearing all persons in such proposed conservancy district
shall have an opportunity to be heard, touching upon the location and
boundaries of such proposed district and to make suggestions regarding
the same, and the court, after hearing statements, evidence and
suggestions, shall fix and determine the limits and boundaries of such
proposed district, and for that purpose and to that extent, may alter
and amend such petition. After such determination by the court, the same
shall be incorporated in an order which shall be entered of record in
the circuit court or courts of the counties situate in
the proposed district and the court shall also by the order provide for
the holding of a referendum as herein provided.
Upon the entering of such order the court shall certify the question of
organization and establishment of the proposed conservancy district as
determined by the court 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 the referendum shall specify the purpose of the referendum
and contain a description of such proposed district.
The clerk of the court shall send notice of the referendum to the county
board of each county in which the proposed district is situated.
Each legal voter resident within such proposed conservancy district
shall have the right to cast a ballot at such election. The question
shall be in substantially the following form:
————————————————————–
Shall a Conservancy District
be organized, with authority to levy
an annual tax at a maximum rate of YES
… % (maximum rate authorized under
Section 17 of the River Conservancy ———————–
Districts Act) of the value of all
taxable property within the limits of NO
the District as equalized or assessed
by the Department of Revenue?
————————————————————–
The ballots cast on the question in each county shall be returned and
canvassed by the county clerk of the county in which the same are cast and
such county clerks respectively shall file with the county clerk of the
county, in which the petition is filed, a true copy of the return and
canvass of the votes cast in each of said counties and thereupon the county
clerk of the county in which such petition is filed shall canvass the
entire vote cast in the election from the returns furnished by such
respective county clerks and shall ascertain the result of such referendum
and certify the same to the court. The court shall cause a statement of the
results of such referendum to be entered of record in the court. If a
majority of the votes cast at such election upon the question shall be in
favor of the organization of the proposed conservancy district such
proposed district shall thenceforth be deemed an organized conservancy
district under this Act and a municipal corporation with the powers and
duties herein conferred and bearing the name set forth in the petition.
(Source: P.A. 86-1307.)
(70 ILCS 2105/2) (from Ch. 42, par. 384)
Sec. 2.
All courts in this State shall take judicial notice of the
existence of all conservancy districts organized under this Act.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/3) (from Ch. 42, par. 385)
Sec. 3.
Additional territory may be added to any conservancy district
as provided for in this Act in the manner following:
One per cent or more of the legal voters resident within the limits
of such proposed addition to such conservancy district, in each county in
which the proposed addition is situated, may petition the
circuit court for the county in which the original petition for the
formation of said conservancy 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 conservancy district organized under this Act and whether such
additional territory shall assume a proportionate share of the bonded
indebtedness, if any, of such conservancy district. Such petition shall
be addressed to the court of the county in which the original petition
for organization was filed, shall contain a generally accurate
description of the boundaries of the territory to be embraced in the
proposed addition, and, if desired, a new name of the expanded 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
conservancy district was filed it shall be the duty of the court to
consider, fix and determine the boundaries of any such proposed
additional territory, whether the same shall be those stated in the
petition or otherwise and a decision of the court shall be reviewable as
in other civil cases.
A date shall be fixed and notice shall be given by the court of the
county in which such petition is filed of the time and place where such
hearing shall be held in the manner described in Section 1 of this Act.
The conduct of the meeting, and the power of the court to fix and alter the
boundaries of the proposed addition shall be carried out in the manner
described in Section 1 of this Act, as nearly as may be. 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 the Conservancy
District and assuming a
proportionate share of bonded
indebtedness.
————————————————————–
Against joining Conservancy
District and assuming a
proportionate share of bonded
indebtedness.
————————————————————–
If a majority of the votes cast upon the question of
becoming a part of any conservancy district shall be in favor of
becoming a part of such conservancy district and if the board of
trustees of said conservancy 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
conservancy district and shall be subject to all the benefits,
responsibilities and obligations of said conservancy district as herein
set forth.
Any such additional territory may also be annexed to such conservancy
district upon petition addressed to the court for the county in which
the original petition for organization of the district was filed, signed
by a majority of the owners of lands constituting such territory sought
to be annexed, who shall have arrived at lawful age and who represent a
majority in area of such territory, which said petition shall contain a
generally accurate description of the boundaries of such territory
sought to be annexed, and shall set forth the willingness of the
petitioners of such territory to assume a proportionate share of the
bonded indebtedness, if any, of such conservancy district.
Upon the filing of such petition and notice of and hearing the
decision upon the same by the court, all as herein before provided in
Section 1 of this Act with reference to notice, hearing and decision
upon the petition for the original organization of such district, such
court shall enter an order containing its findings and decision as to
the boundaries of the territory to be annexed; and thereupon if the
board of trustees of such conservancy district shall pass an ordinance
annexing the territory described in such order to said conservancy
district, the court shall enter an appropriate order finding that the
territory is so annexed and such additional territory shall thenceforth
be deemed an integral part of such conservancy district and shall be
subject to all the benefits, responsibilities and obligations of said
conservancy district as herein set forth.
(Source: P.A. 101-476, eff. 8-23-19.)
(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
Sec. 4a. Every conservancy district so established shall be
governed by a board of trustees. In the statement finding the results
of the election to be favorable to the establishment of the district,
the circuit court shall determine and name each municipality within the
district having 5,000 or more population according to the last preceding
federal census.
(1) In case there is one or more municipalities having a population
of 5,000 or more within the district, the trustees shall be appointed as
follows:
- (a) In districts organized prior to July 1, 1961, where there is only one such municipality, 3 trustees shall be appointed from such municipality, and one trustee shall be appointed from the area within the district outside of such municipality, and one trustee shall be appointed at large. In districts organized on and after July 1, 1961, where there is only one such municipality one trustee shall be appointed from such municipality, and one trustee shall be appointed from each county in the district, except that where the district is wholly contained within a single county, one trustee shall be appointed from that county and one additional trustee shall be appointed from the municipality, and, in any case, 2 trustees shall be appointed at large. A trustee appointed from a county in the district shall be appointed from the area outside any such municipality. If the district is located wholly within the corporate limits of such municipality, 3 of the trustees of the district shall be appointed from such municipality, and 2 trustees shall be appointed at large. In a district wholly contained within a single county of between 60,500 and 70,000 population and having no more than one municipality of 5,000 or more population, regardless of the date of organization, 3 trustees shall be appointed from that municipality, 2 trustees shall be appointed from the district outside that municipality, and 2 trustees shall be appointed at large. No more than 2 appointments by each appointing authority may be from the same political party.
- (b) Where there are 2 or more such municipalities, one trustee shall be appointed from each such municipality, one trustee shall be appointed from each county in the district for each 50,000 population or part thereof within the district in such county according to the last preceding federal census, and 2 trustees shall be appointed at large. A trustee appointed from a county in the district shall be appointed from the area outside any such municipality. If the district is located wholly within the corporate limits of such municipalities, 2 trustees shall be appointed from the one of such municipalities having the largest population, and one trustee shall be appointed from each of the other such municipalities, and 2 trustees shall be appointed at large.
- (c) Trustees representing the area within the district located outside of any municipality having 5,000 or more population and trustees appointed at large when the district is wholly contained within a single county shall be appointed by the presiding officer of the county board with the advice and consent of the county board and any trustee representing the area within any such municipality shall be appointed by its presiding officer. If however the district is located in more than one county, any trustee representing the area within a district located outside of any municipality having 5,000 or more population and any trustee at large shall be appointed by a majority vote of the presiding officers of the county boards of the counties which encompass any part of the district, except that no such appointment shall affect the term of any trustee in office on the effective date of this amendatory Act of 1977. Any trustee representing the area within any such municipality shall be appointed by its presiding officer.
- (d) A trustee representing the area within any such municipality shall reside within its corporate limits. A trustee representing the area within the district and located outside of any such municipality shall reside within such area. A trustee appointed at large may reside either within or without any such municipality but must reside within the territory of the district. Should any trustee cease to reside within that part of the territory he represents, then his office shall be deemed vacated, and shall be filled by appointment for the remainder of the term as hereinafter provided.
(2) In case there are no municipalities having a population of 5,000
or more within such district located wholly within a single county, the
statement required by Section 1 shall include such finding, and in such
case the Board shall consist of 5 trustees who shall be appointed at
large by the presiding officer of the county board with the advice and
consent of the county board. If however the district is located in more
than one county, the trustees at large shall be appointed by a majority
vote of the presiding officers of the county boards of the counties
which encompass any portion of the district, but any trustee in office
on the effective date of this amendatory Act of 1977 shall be permitted
to serve out the remainder of his term. Each such trustee shall reside
within the district and shall continue to reside therein.
(3) All initial appointments of trustees shall be made within 60
days after the determination of the result of the election. Each
appointment shall be in writing and shall be filed and made a matter of
record in the office of the county clerk wherein the organization
proceedings were filed. A trustee shall qualify within 10 days after
appointment by acceptance and the taking of the constitutional oath of
office, both to be in writing and similarly filed for record in the
office of such county clerk. Members initially appointed to the board
of trustees of such district shall serve from date of appointment for 1,
2, 3, 4 and 5 years and shall draw lots to determine the periods for
which they each shall serve. In case there are more than 5 trustees,
lots shall be drawn so that 5 trustees shall serve initial terms of 1,
2, 3, 4 and 5 years and the other trustees shall serve terms of 1, 2, 3,
4 or 5 years as the number of trustees shall require and the drawing of
lots shall determine. The successors of all such initial members of the
board of trustees of a river conservancy district shall serve for terms
of 5 years, all such appointments and appointments to fill vacancies
shall be made in like manner as in the case of the initial trustees. A
trustee having been duly appointed shall continue to serve after the
expiration of his term until his successor has been appointed.
Each trustee initially appointed in accordance with this amendatory Act of
1995 shall serve a term of 3 or 5 years as determined by lot.
(4) Should a municipality which is wholly within a district attain,
or should such a municipality be established, having a population of
5,000 or more after the entry of the statement by the circuit court, the
presiding officer of such municipality may petition the circuit court of
the county in which such municipality lies for an order finding and
determining the population of such municipality and, if it is found and
determined upon the hearing of such petition that the population of such
municipality is 5,000 or more, the board of trustees of such district as
previously established shall be increased by one trustee who shall
reside within the corporate limits of such municipality and shall be
appointed by its presiding officer. The initial trustee so appointed
shall serve for a term of 1, 2, 3, 4 or 5 years, as may be determined by
lot, and his successors shall be similarly appointed and shall serve for
terms of 5 years. All provisions of this Section applicable to trustees
representing municipal areas shall apply to any such trustee, including
paragraph 5.
(5) Should the foregoing provisions respecting the appointment of
trustees representing the area within any municipality of 5,000 or more
population be invalid when applied to any situation, then as to such
situation any such provision shall be deemed to be excised from this
Act, and the trustee whose appointment is thus affected shall be
appointed at large by the presiding officer of the county board with the
advice and consent of the county board except if the district embraces
more than one county in which case the trustees shall be appointed at
large by a majority vote of the presiding officers of the county boards
of the counties which encompass any portion of the district.
(6) In the case of a board representing a district that embraces Franklin and Jefferson counties, a trustee may be removed for incompetence, neglect of duty, or malfeasance in office by the appropriate appointing presiding officer or officers, without the advice and consent of the corporate authorities, by filing a written order of removal with the appropriate county or municipal clerk or clerks.
(7) Notwithstanding any other provision of law to the contrary, in the case of a board representing a district that embraces Franklin and Jefferson counties, the terms of all trustees shall end on the effective date of this amendatory Act of the 94th General Assembly. Beginning on that date, the board shall consist of 7 trustees. The 7 trustees initially appointed pursuant to
this
amendatory Act of the 94th General Assembly shall be appointed in the same manner as otherwise provided in this Section by the appropriate appointing authority and shall serve the following terms, as determined by lot: (i) 2 trustees shall serve until July 1, 2006; (ii) 2 trustees shall serve until July 1, 2007; (iii) one trustee shall serve until July 1, 2008; (iv) one trustee shall serve until July 1, 2009; and (v) one trustee shall serve until July 1, 2010. Upon expiration of the terms of the trustees initially appointed
under this amendatory Act of the 94th General Assembly, their respective successors shall be
appointed for terms of 5 years, beginning on July 1 of the year in which the previous term expires and until their respective successors are appointed and qualified. After the appointment of the trustees initially appointed pursuant to this amendatory Act of the 94th General Assembly, the number of trustees on the board may be increased in accordance with subsection (4).
(Source: P.A. 94-64, eff. 6-21-05.)
(70 ILCS 2105/4b) (from Ch. 42, par. 386b)
Sec. 4b.
Each of the trustees shall enter into bond with security to be approved
by the appointing authority in such sum as the appointing authority may
determine.
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
district shall be directly or indirectly interested financially in any
contract work or business or the sale of any article, the expense, price or
consideration of which is paid by said district; nor in the purchase of any
real estate or other property belonging to the district, or which shall be
sold for taxes or assessments or by virtue of legal process at the suit of
said district: Provided that nothing herein shall be construed as
prohibiting the appointment or selection of any person as trustee or
employee whose only interest in said district is as an owner of real estate
in said conservancy district or of contributing to the payment of taxes
levied by said district.
(Source: P.A. 77-681.)
(70 ILCS 2105/5) (from Ch. 42, par. 387)
Sec. 5.
Whenever a vacancy in said board of trustees occurs, either by death,
resignation, refusal to qualify or for any other reason, the appropriate
appointing authority may fill such vacancy by appointment; and such person,
so appointed shall qualify for office in the manner hereinbefore stated and
shall thereupon assume the duties of the office for the unexpired term to
which such person was appointed.
(Source: P.A. 77-681.)
(70 ILCS 2105/6) (from Ch. 42, par. 388)
Sec. 6.
The board of trustees shall exercise all of the powers and control
the affairs and property of the district. The board at their first meeting
in May of each year shall elect one of their number as president, one of
their number as vice-president and one of their number as secretary. The
board may appoint an engineer who may be an individual, co-partnership or
corporation, an attorney,
an executive vice-president,
a manager, a treasurer, and other engineers,
attorneys, agents, clerks and assistants for the district who shall hold
office during the pleasure of the board and who shall give such bond as the
board may require. The board may prescribe the duties and fix the
compensation of all the officers and employees of the district. A member of
the board may not receive more than $3,000 per annum. The board may pass
all necessary ordinances, rules and regulations.
(Source: P.A. 79-1454.)
(70 ILCS 2105/7) (from Ch. 42, par. 389)
Sec. 7.
All ordinances imposing any penalty or making any appropriations
shall within one month after they are passed, be published at least once in
a newspaper published in said district, or if no such newspaper of general
circulation is published therein, by posting copies of the same in ten
public places in the district; and no such ordinance shall take effect
until ten days after it is so published, and all other ordinances and
resolutions shall take effect from and after their passage unless otherwise
provided therein.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/8) (from Ch. 42, par. 390)
Sec. 8.
All ordinances, orders, and resolutions and the date of publication
thereof, may be proven by the certificate of the secretary 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 1925, p. 346.)
(70 ILCS 2105/9b) (from Ch. 42, par. 392a)
Sec. 9b.
The board of trustees of any conservancy district shall in
addition to the other powers and duties by this Act conferred and imposed
have the following powers and duties:
(a) In order to effect the protection, reclamation or irrigation of the
land and other property in the district, and to accomplish all other
purposes of the district, the board of trustees is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in or out of the district; to fill up any abandoned or
altered ditch, drain, sewer, river, water course, pond, lake, creek or
natural stream, and to concentrate, divert or divide the flow of water in
or out of the district; to construct and maintain main and lateral ditches,
sewers, canals, levees, dikes, dams, sluices, revetments, reservoirs,
holding basins, floodways, pumping stations and siphons, and any other
works and improvements deemed necessary to construct, preserve, operate or
maintain the works in or out of the district; to construct or enlarge or
cause to be constructed or enlarged any and all bridges that may be needed
in or out of the district; to construct or elevate roadways and streets; to
construct any and all of the works and improvements across, through or over
any public highway, canal, railroad right of way, track, grade, fill or
cut, in or out of the district; to remove or change the location of any
fence, building, railroad, canal, or other improvements in or out of the
district; and shall have the right to hold, encumber, control, to acquire
by donation, purchase or condemnation, to construct, own, lease, use and
sell real and personal property, including the transfer of real property
by gift to the State of Illinois, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in or out of the district for right of way,
holding basin or for any necessary purpose, or for material to be used in
constructing and maintaining the works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
Nothing in this Act contained shall be construed to authorize, nor shall
the board have the right or authority to furnish water power or electricity
for public or private use or otherwise, except only for the operation of
the works and instrumentalities of the District; nor shall the board have
any power to sell, or otherwise dispose of the waters so collected and
impounded except only as otherwise herein permitted.
(b) The board shall have the power and it shall be its duty to
supervise, regulate and control the flow within the boundaries of the
District of the waters of any river, stream or water course over and
through any and all dams and other obstructions, if any, now or hereafter
existing or constructed in, upon or along any such river, stream or water
course; provided however, that nothing in this paragraph contained shall
empower any conservancy district to abridge or in any manner curtail any
vested water power rights or other rights.
(c) The board shall have the power and it shall be its duty to construct
and efficiently maintain a fish-way or fish-ways through or over any and
all dams or other obstructions to the flow of any river, stream or water
course within the boundaries of the District, which shall be so constructed
and maintained as to permit the free passage of fish over such dam or dams
or other obstructions.
(d) The board shall have the power, if it shall find it conducive to the
public health, comfort or convenience to acquire sufficient lands
contiguous to its reservoir or reservoirs for the establishment of
recreational grounds and the right to permit such reservoir or reservoirs
to be used for recreational purposes and to construct on such grounds a
building or buildings and other improvements for such recreational
purposes; provided however, that nothing in this paragraph contained shall
in any way interfere with the drainage or other use of such reservoir or
reservoirs for the purpose of controlling, regulating and augmenting the
flow of rivers, streams or water courses of the District.
(e) In the event that any power or powers, authority or authorities
given or granted in any paragraph or section of this Act shall be held to
be void, such holding or holdings shall not be construed to in any manner
affect the validity of any other part or portion of this Act or this Act in
its entirety.
(Source: P.A. 86-129.)
(70 ILCS 2105/10a) (from Ch. 42, par. 393)
Sec. 10a. Such conservancy district may acquire by purchase, condemnation
or otherwise any and all real and personal property, right of way and
privileges whether within or without its corporate limits that may be
required for its corporate purposes; and in case any district formed
hereunder shall be unable to agree with any person or party upon the terms
and amounts for which it may desire to acquire or purchase any such
property, it may proceed to acquire the same in accordance with the terms
and provisions of this Act.
Whenever the board of trustees of any conservancy 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.
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
public property or properties held for public use, the board of trustees of
such district shall have the power to 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: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 2105/10b)
Sec. 10b. 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 2105/11) (from Ch. 42, par. 394)
Sec. 11.
(1) The board of trustees of a conservancy district
incorporated under this
Act may acquire, by gift, purchase or lease, land or any of the
facilities enumerated below, and may construct, develop, operate, extend
and improve such facilities:
(a) Dams and reservoirs for water storage, water wells, water purification works,
pumping stations, conduits, pipe lines, regulating works and all
appurtenances required for the production and delivery of adequate and
pure water to incorporated cities and villages, corporations and persons
in unincorporated areas within or without the borders of the conservancy
district. The board is empowered and legally obligated to build, operate
and maintain such water facilities, to adopt and enforce ordinances for
the protection of water sources, and to sell water to the incorporated
cities and villages and the corporations and persons in unincorporated
areas by meter measurements and at rates that will at least defray all
fixed, maintenance and operating expenses.
(b) Sewage treatment plants, collector, interceptor, and outlet
sewers, force mains, conduits, lateral sewers and extensions, pumping
stations, ejector stations, and all other appurtenances, extensions, or
improvements necessary or useful and convenient for the sanitary
collection, treatment, and disposal of sewage and industrial wastes. The
board may prohibit and disconnect storm water drains and outlets where
necessary to relieve existing sanitary sewers of storm water loads in
order to assure the efficient and sanitary collection, treatment, and
disposal of sewage and industrial wastes. The board is empowered and
legally obligated to establish rates and charges for the services of any
such sewerage facilities that at least defray all fixed, maintenance,
and operating expenses.
(c) Lodges, cottages, trailer courts, and camping grounds, marinas
and related facilities for the accommodation and servicing of boats,
tennis courts, swimming pools, golf courses, skating rinks, skeet
ranges, playgrounds, stables, bridle paths, and athletic fields, picnic
grounds and parking areas, convention and entertainment centers, and
other related buildings and facilities for the accommodation and
recreation of persons visiting the reservoirs owned by the district or
from which it is drawing a supply of water. Any such facilities, when
acquired, may be leased by the board to a responsible person, firm, or
corporation for operation over a period not longer than 20 years from
the date of the lease, or the board may lease, for a period not longer
than 50 years from the date of the lease, land to a responsible person,
firm, or corporation for development for any of the foregoing
recreational purposes and may grant to such person, firm or corporation
the right, at the option of the person, firm or corporation, to extend the
lease for a period not longer than 50 years from the expiration of the original
lease. If the board determines to operate any such
recreational facilities, it shall establish for the revenue-producing
facilities rates and charges which at least defray all fixed,
maintenance, and operating expenses.
(2) The board of trustees of the Rend Lake Conservancy District may
acquire, by gift, purchase or lease, land or facilities specified below,
and may construct, develop, operate, extend and improve such facilities:
Industrial projects consisting of one or more buildings and other structures,
improvements, machinery and equipment suitable for use by any manufacturing,
industrial, research or commercial enterprise and any other
improvements necessary or convenient thereto. Any such facilities, when
acquired, may be leased for operation for a period not longer than 20 years
after the date of the commencement of the lease, or the board may lease,
for a period not longer than 50 years after the date of the commencement
of the lease, land to a responsible person, firm or corporation for development
of any of the foregoing industrial projects and may grant to such person,
firm or corporation the right, at the option of the person, firm or corporation,
to extend the lease for a period not longer than 50 years from the date
of expiration of the original lease. If the board decides to operate any
such industrial projects, it shall establish for the revenue producing facilities
rates and charges which will at least defray all fixed, maintenance, and
operating expenses. However, nothing in this amendatory Act of 1983 shall
permit the Rend Lake Conservancy District to acquire, purchase, lease, construct,
develop, operate or extend a facility for the purpose of mining coal.
(3)
For the purpose of developing, operating, or financing the cost of
any such facilities under subsection (1) or (2), the authorized
board may combine into one system any 2 or more
such facilities and may use or pledge the revenues derived from one to
pay for the other.
Further, for such purposes, the authorized board shall have the express
power to execute
a note or notes and to execute a mortgage or trust deed to secure the payment
of such notes; such trust deed or mortgage shall cover real estate, or some
part thereof, or personal property owned by the District and the lien of
the mortgage shall apply to the real estate or personal property so mortgaged
by the District, and the proceeds of the note or notes may be used for the
purposes set forth in this Section.
For purposes of this Section, the authorized board shall not execute
notes bearing a rate of interest that exceeds the rate permitted in “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.
(Source: P.A. 83-785.)
(70 ILCS 2105/11.1) (from Ch. 42, par. 394.1)
Sec. 11.1.
Whenever real estate is to be sold under the authority of this
Act, the procedure shall be as follows:
(1) Notice of such proposed sale, giving time, place and terms thereof,
and an invitation for bids shall be published for 3 consecutive weeks prior
to the date of the sale in a newspaper of general circulation published
in the conservancy district or, if no such newspaper is published in the
district, then in a newspaper having general circulation in each county
within which a portion of the district lies. In any event, and without
regard to whether the real estate to be sold is located inside or outside
of the boundaries of the district, the notice and invitation shall be published
in a newspaper published in the county where the real estate is situated
and, if the real estate lies in more than one county, the publication shall
be in a newspaper published in each such county.
(2) On the day of the sale, the board of trustees shall proceed to sell
the property to the highest bidder. If the board deems the bids to be inadequate,
it may reject such bids, but notice and an invitation for bids must be published
for a subsequent sale of the same property in the manner prescribed for
any other sale of real estate.
(3) If any natural person or persons from whom the land was acquired are
still surviving and bid on the real estate, the real estate shall be sold
to such person or persons if the bid submitted is equal to the highest acceptable
bid otherwise received.
(Source: P.A. 80-371.)
(70 ILCS 2105/11.5)
Sec. 11.5.
Public development projects.
(a) The board of trustees of a river conservancy district located in one or
more counties may enter into lease agreements for the development of projects
that are intended to enhance economic development, create jobs, and increase
tourism (i) when the aggregate unemployment rate, as determined by the
United States Department of Labor, for the county or counties served by the
district exceeded 12% during any month of the first quarter of 1993 and (ii) in
the case of a river conservancy district serving a county that is contiguous
with 2 or more counties, when the aggregate unemployment rate for those
contiguous counties exceeded 18% during any month of the first quarter of 1993.
These projects include
tourism development projects including, but not limited
to, resorts, motels, and other related service and tourism development, built
by private developers under the conditions set forth in this Section.
(b) The board of trustees of a river conservancy district may enter into
future agreements for the transfer of certain lands between a State agency or
agencies and a river conservancy district when (i) a basic agreement providing
for the transfer of certain lands was entered into on or before January 1,
1993, between a State agency or agencies and a river conservancy district
meeting the unemployment guidelines set forth in this Section and (ii) a river
conservancy district obtains the land from a State agency or agencies for the
purposes of economic development or job creation projects.
(c) A board of trustees authorized to enter into lease agreements under the
requirements of subsection (a) may lease land to a responsible
person, firm, or corporation for a period not longer than 50 years for
development as authorized in this Section and grant the person, firm, or
corporation the option to extend the lease for subsequent periods not longer
than 50 years.
(d) A board of trustees authorized to enter into lease agreements under the
requirements of subsection (a) shall take appropriate steps to insure that,
within 5 years after the board enters into a lease agreement, (i) at least 50%
of the land for the proposed development is available and developed for public
use, and (ii) at least 50% of the buildings constructed for the proposed
development are available for public use.
(Source: P.A. 88-472.)
(70 ILCS 2105/12a) (from Ch. 42, par. 395a)
Sec. 12a.
The board of trustees shall have the power to provide and adopt a
corporate seal for the district.
(Source: Laws 1931, p. 530.)
(70 ILCS 2105/13) (from Ch. 42, par. 396)
Sec. 13.
All the rights and property of said district in the waters and
water courses of said district and in their uses as herein specified, shall
be exercised and used in such manner as to promote the welfare of said
district and the inhabitants thereof, and to promote the safest, most
economical and reasonable use of the waters thereof, and to pay the cost of
the construction and maintenance of improvements in so far as practicable.
(Source: Laws 1931, p. 530.)
(70 ILCS 2105/14) (from Ch. 42, par. 397)
Sec. 14.
Any conservancy district organized under this Act may borrow
money for corporate purposes and may issue bonds therefor, but shall not
become indebted in any manner, or for any purpose, to an amount in the
aggregate to exceed 5% of the valuation of taxable property therein to
be ascertained by the last assessment for State and county taxes
previous to the incurring of such indebtedness. Whenever the board of
trustees of such district desires to issue bonds hereunder they 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 result of the election shall be entered upon the records of the district.
If it shall appear that a
majority of the voters voting on the question shall
have voted in favor
of the issue of the bonds, the board of trustees shall order and direct
the execution of the bonds for and on behalf of the district. All bonds
issued hereunder shall mature in not exceeding 20 annual installments.
The question shall be in
substantially the following form:
————————————————————–
Proposition to issue bonds for YES
district to the amount of…. dollars ———————–
for the purpose of….
NO
————————————————————–
(Source: P.A. 81-1489.)
(70 ILCS 2105/15) (from Ch. 42, par. 398)
Sec. 15.
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 same.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/15.1) (from Ch. 42, par. 398.1)
Sec. 15.1.
Any river conservancy district organized under this Act
for the purpose of carrying out the powers conferred by Section 11 of
this Act may borrow money and as evidence thereof may issue bonds,
payable solely from revenue derived from the facilities authorized to be
constructed, purchased, or acquired by Section 11 of this Act. These
bonds may be issued in such amounts as may be necessary to provide
sufficient funds to pay all costs of acquiring the land for any such
facility or constructing such facility or both, including engineering,
legal and other expenses, together with interest on the bonds to a date
6 months subsequent to the estimated date of completion.
Whenever the trustees determine to acquire land for any of the
purposes enumerated in Section 11 of this Act and to issue bonds under
this section for the payment of the cost thereof, the board of trustees
shall adopt an ordinance describing in a general way the contemplated
project and refer to the preliminary plans and engineering reports
therefor. These preliminary plans and engineering reports shall be filed
with the secretary of the board of trustees and shall be open for
inspection by the public.
This ordinance shall set out the estimated cost of the project, fix
the amount of revenue bonds to be issued, the maturity or maturities
thereof, the interest rate, which shall not exceed the rate permitted
in the Bond Authorization Act, payable
annually or semi-annually, and all details in connection with the bonds.
The ordinance shall provide that the entire revenue from the facilities
to be constructed or acquired with the proceeds of the sale of said
bonds shall be set aside as collected and deposited in a separate fund,
and a sufficient amount thereof shall be used solely in paying the cost
of maintenance and operation of such improvement or facility, in
providing an adequate depreciation fund, and in paying the principal of
and the interest on said bonds, as they mature. The ordinance may also
provide for the issuance of additional bonds for the completion of the
improvement or facility on a parity with the bonds originally issued
thereunder. The ordinance shall provide that the conservancy district
will operate such improvement or facility continuously and that it will
fix and maintain rates or charges for service from or use of the
facilities constructed or acquired at all times sufficient to pay
promptly the cost of maintenance and operation of the facilities so
constructed or acquired, to provide an adequate depreciation fund, to
pay the principal of and interest on the bonds authorized by the
ordinance, and to maintain a proper reserve fund. The ordinance shall
empower the conservancy district to make such covenants with respect to
setting aside the income and revenue to be derived from the operation of
the facilities as may be deemed advisable to assure prompt payment of
the bonds and interest thereon as they mature.
After this ordinance has been adopted, it shall be published in the
same manner and form as is required for other ordinances of the
district.
The publication 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 secretary of the board shall provide a petition
form to any individual requesting one.
If no petition is filed with the secretary of the board as provided
in this section within 30 days after the publication or posting of this
ordinance, the ordinance shall be in effect after the expiration of this
30 day period. If within the 30 day period a petition is filed with the
secretary of the board signed by voters of the district numbering 10%
or more of the registered voters in the conservancy district
asking that the question of acquiring land
for the conservancy district or constructing or acquiring the facilities
described in the ordinance and the issuance of the specified bonds be
submitted to the electors thereof, the board of trustees shall certify the
question to the proper election officials who shall submit the question
at an election in accordance with the general election law.
If a majority of the votes cast on the question are in favor
of the project, and in favor of the issuance of the specified bonds, the
ordinance shall be in effect. But if a majority of the votes cast on the
question are against the project and the issuance of the bonds, the
ordinance shall not become effective. If the ordinance becomes effective
it shall be recorded in the recorder’s office in the county or counties
in which the property is located.
Bonds issued under this section are negotiable instruments, and shall
be executed by the president and by the secretary of the board of
trustees. In case any officer whose signature appears on the bonds or
coupons ceases to hold office before the bonds are delivered, his
signature, nevertheless shall be valid and sufficient for all purposes,
the same as though he had remained in office until the bonds were
delivered.
(Source: P.A. 87-767.)
(70 ILCS 2105/15.2) (from Ch. 42, par. 398.2)
Sec. 15.2.
Bonds issued under Section 15.1 shall be payable solely from
the revenue derived from the operation of the land or facilities for which
the bonds were issued. These bonds shall not in any event constitute an
indebtedness of the conservancy district, within the meaning of any
constitutional or statutory limitation. Each bond shall plainly state on
its face that it has been issued under the provisions of Section 15.1 and
15.2 of this Act and that it does not constitute an indebtedness of the
conservancy district within any constitutional or statutory limitation.
These bonds shall be sold in such manner and upon such terms as the
board of trustees shall determine. If the bonds are 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, they shall be sold for not less
than par and accrued interest. If the bonds are issued to bear interest at
a rate of less than the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, the minimum
price at which they may be sold shall be such that the interest cost to the
municipality of the proceeds of the bonds 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 the standard
table 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.)
(70 ILCS 2105/15.3) (from Ch. 42, par. 398.3)
Sec. 15.3.
Whenever revenue bonds are issued under Section 15.1 of this
Act, all revenue derived from the operation of the specified land or
facilities shall be set aside as collected and shall be deposited in a
separate fund designated as the “Revenue Bond Fund” of the conservancy
district. This fund shall be used only in paying the cost of operation and
maintenance of the facility, in providing an adequate depreciation fund,
and in paying the principal of and interest upon the revenue bonds issued
under Section 15.1.
(Source: Laws 1957, p. 647.)
(70 ILCS 2105/15.4) (from Ch. 42, par. 398.4)
Sec. 15.4.
Any holder of a bond issued under Section 15.1 or of any coupon
representing interest accrued thereon, may, in any civil action, compel the
performance of the duties of the officials of the conservancy district set
forth in Sections 15.1 through 15.3 of this Act.
If there is a default in the payment of the principal of or interest
upon any of these bonds, any court having jurisdiction in any proper action
may appoint a receiver to administer the land and facilities on behalf of
the conservancy district with power to charge and collect fees to provide
sufficient revenue for the payment of the operating expenses and for the
payment of such bonds and interest thereon and to apply the income and
revenue in conformity with Sections 15.1 through 15.4 and the ordinance
providing for the issuance of these bonds.
(Source: Laws 1957, p. 647.)
(70 ILCS 2105/15.5) (from Ch. 42, par. 398.5)
Sec. 15.5.
Whenever any land or facilities financed by the issuance of bonds under
Section 15.1 is combined with any other land or facilities to be financed
by the issuance of bonds under Section 15.1, and there are outstanding
unpaid obligations previously issued which are payable solely from the
revenue derived from the operation of the land or facilities to finance
which the bonds were issued, the unpaid obligations may be refunded by the
issuance and exchange therefor of revenue bonds with the consent of the
respective holders of the unpaid obligations if such obligations are not by
their terms then callable for redemption in advance of their stated
maturities. Whenever any such outstanding unpaid obligations are refunded,
the unpaid obligations shall be surrendered and exchanged for revenue bonds
of a total principal amount which shall not be more but may be less than
the principal amount of the obligations exchanged and the interest thereon
to the date of exchange.
(Source: P.A. 76-720.)
(70 ILCS 2105/15.6) (from Ch. 42, par. 398.6)
Sec. 15.6.
Nothing in this Act shall in any way limit the powers
conferred upon river conservancy districts under the Industrial
Building Revenue Bond Act.
(Source: P.A. 85-293.)
(70 ILCS 2105/16) (from Ch. 42, par. 399)
Sec. 16.
All contracts for work other than professional services, to be
done by such conservancy district, the expense of which will exceed $10,000,
shall be let to the lowest responsible bidder therefor
upon not less than thirty days’ public notice of the terms and conditions
upon which the contract is to be let, having been given by publication in a
newspaper of general circulation published in said district, and the said
board shall have the power and authority to reject any and all bids, and
readvertise.
And in all other respects such contract shall be entered into and the
performance thereof controlled by the provisions of an Act entitled “An Act
concerning local improvements,” approved June 14, 1897, in force July 1,
1897, and amendments thereto as nearly as may be; provided, that
contracts may be let for making proper and suitable connections between the
mains and outlets of the respective sewers in said district, with any
conduits, main pipe or pipes that may be constructed by such conservancy
district.
(Source: P.A. 101-241, eff. 8-9-19.)
(70 ILCS 2105/16.1) (from Ch. 42, par. 399.1)
Sec. 16.1.
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.)
(70 ILCS 2105/17) (from Ch. 42, par. 400)
Sec. 17.
The board of trustees annually may levy and collect taxes
for corporate purposes upon property within the territorial limits of
such conservancy district, the aggregate amount of which for each year
shall not exceed .083% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property within
the corporate limits. Such annual tax levy may be increased to .75% in
any district having a population of less than 25,000, and to .375% in
any district having 25,000 inhabitants or more, when such increased tax
has been authorized by the legal voters of such district at a referendum
in accordance with the general election law.
The right to levy such additional tax, authorized by the legal voters
of the District, may at any time after one or more tax levies be
terminated by a majority vote of the electors of such district at a referendum.
Upon the petition of 10% of registered voters of the district, it shall
be the duty of the trustees of any such district
to certify the proposition to terminate such additional taxing power
to the proper election officials who shall submit the proposition at an
election in accordance with the general election law.
The board shall cause the amount required to be raised by taxation in
each year to be certified to the county clerks in each county within
such district on or before the second Tuesday in August, as provided in
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 or officers collecting the same to the treasurer of the
conservancy district in the manner and at the time provided by the
General Revenue Law of Illinois.
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. 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.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain investments of public
funds by public agencies”, approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 2105/18) (from Ch. 42, par. 401)
Sec. 18.
Every such conservancy district is authorized to construct,
maintain, alter and extend its sewers, pipelines, channels, ditches and
drains along, upon, under and across any highway, street, alley or public
ground in the State as a proper use of highways, but so as not to incommode
the public use thereof, and the right and authority are hereby granted to
any such district to construct, maintain and operate any conduits, mainpipe
or pipes, wholly or partially submerged, buried, or otherwise, in, upon and
along any of the lands owned by said State and 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 approved 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 1925, p. 346.)
(70 ILCS 2105/19) (from Ch. 42, par. 402)
Sec. 19.
Whenever there shall be located within the bounds of any such
conservancy district incorporated under the provisions of this Act, any
United States military post, reservation or station, or any naval station,
the board of trustees of said district are hereby authorized to enter into
contracts or agreements with the appropriate authorities of the United
States, permitting either party to the contract to connect with and use any
conduits, channels, pipes and to use any other structures or work installed
by the other party to the contract.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/20) (from Ch. 42, par. 403)
Sec. 20.
The board of trustees of any such conservancy district shall have
power and authority and it shall be their legal obligation and duty to
prevent the pollution of any waters from which a water supply may be
obtained by any city, incorporated town, individual or village within said
district, provided that the authority of the Pollution Control Board of the
State of Illinois or its successor as may be fixed by law shall not be
superseded and said board of trustees shall have the right and power to
appoint and support a sufficient police force, the members of which may
have and exercise police powers for the purposes of this Act only over the
territory within such conservancy district, and over the territory outside
of said district included within a radius of fifteen miles from the intake
of any such water supply in any such waters, for the purpose of preventing
the pollution of said waters and any interference with any of the property
of such conservancy district; but such police officers when acting within
the limits of any such city, town or village, shall act in aid of the
regular police force thereof, and shall then be subject to the direction of
its chief of police, city or village marshals, or other head thereof;
provided, that in so doing, they shall not be prevented or hindered from
executing the orders and authority of said board of trustees of such
conservancy district.
(Source: P.A. 76-2439.)
(70 ILCS 2105/21) (from Ch. 42, par. 404)
Sec. 21.
(a) The board of trustees of any conservancy district
incorporated under this Act shall have the power to build and construct
and to defray the costs and expenses of the construction of drains,
sewers, or laterals, septic tanks and other works for the disposal of
sewage, water pipes, streets and roads, or local shore improvements,
together with other necessary adjuncts thereto, including pumps and
pumping stations and also may construct dams, deepen or improve the
channel, bed, banks or shore or shores or any part thereof of any stream,
water course or other body of water in such district, and acquire both real
and personal property, in the
execution or in furtherance of the powers granted to such conservancy
district, by special assessment or by general taxation, or by special service
area taxation if authorized as provided under this Section, as they by
ordinance shall prescribe. The board of trustees of any conservancy
district shall have power to contract with any sanitary district now or
hereafter organized or with any municipality having sewage disposal
works for the disposal of any sewage within the conservancy district. 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 conservancy district, but no special assessments shall be levied
upon property situated outside of such conservancy 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.
(b) 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 Article
5 of the “Illinois Drainage Code”, approved June 29, 1955, as heretofore and
hereafter amended. Whenever in said Article the word “Commissioner” is
used, the same shall apply to the board of trustees constituted by this Act.
(c) The proceedings for making, levying, collecting and enforcement of
any special service area taxation levied hereunder shall be the same as
nearly as may be as is prescribed in “An Act to provide the manner of
levying or imposing taxes for the provision of special services to areas
with the boundaries of home rule units and non-home rule municipalities
and counties”, approved September 21, 1973, as now or hereafter amended.
Whenever in such Act the words “municipality” or “county” or “municipal
clerk” or “county clerk” are used, with the exception of the provisions
of Section 10 providing for the extension of the tax by the county clerk,
the same shall be construed in relation to the board of trustees
constituted by this Act, and the words applying to the municipality or county
in that Act shall be held to apply to the district created under this Act
and its officers, and the words “municipal clerk” or “county clerk” shall
be held to apply to the secretary of the district created under this Act.
However, no special service area taxation shall be imposed hereunder unless
a petition has been filed with the board of trustees by either the owners
of a majority of the acreage or a majority of the owners of the acreage
of the conservancy district which lies in the proposed special service area.
The petition shall be accompanied by a description of the proposed special
service area, an explanation of the proposed program, and a notation of the
proposed tax rate. The board of trustees of the district shall publish the
petition and certify the results.
(Source: P.A. 81-862.)
(70 ILCS 2105/22) (from Ch. 42, par. 405)
Sec. 22.
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.
The said several installments shall bear interest at the rate of not to
exceed six per cent per annum; 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
assessment and interest, as provided in Article 5 of the
“Illinois Drainage Code”, approved June 29,
1955, as heretofore and
hereafter amended.
(Source: P.A. 81-862.)
(70 ILCS 2105/23) (from Ch. 42, par. 406)
Sec. 23.
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 Article 6 of the “Illinois Drainage Code”, approved
June 29, 1955, as heretofore and hereafter amended.
(Source: P.A. 81-862.)
(70 ILCS 2105/24) (from Ch. 42, par. 407)
Sec. 24.
It shall be the duty of the board of trustees of any conservancy
district organized under this Act to proceed diligently to the fulfillment
of all the purposes and objects of this Act subject to the proper use and
disposition of available funds.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/25) (from Ch. 42, par. 408)
Sec. 25.
Before any work is commenced under the provisions of this Act
the plans therefor shall be submitted to, and approved by the Department
of Transportation and by the Environmental
Protection Agency of the State of Illinois or its successor as may be fixed by law.
(Source: P.A. 81-840.)
(70 ILCS 2105/25.5)
Sec. 25.5.
Rend Lake; audits.
The Auditor General of
the State
of Illinois must conduct a financial audit, management audit, and program audit
of the Rend Lake
Conservancy District and file a certified copy of the report of the audits with
the Governor and with the Legislative Audit Commission.
The Rend Lake Conservancy District must reimburse the Auditor General for the
cost of the audits.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement
by the State is required for the implementation of any mandate created by this
Section.
(Source: P.A. 93-275, eff. 7-22-03.)
(70 ILCS 2105/26) (from Ch. 42, par. 409)
Sec. 26.
It shall be the duty of the board of trustees of any conservancy
district organized under this Act to proceed diligently and without delay
to prevent pollution of any stream or any other body of water within the
confines of such conservancy district and to proceed at once to diligently
cause any and all parties, persons, firms and corporations to cease any and
all pollution of any such streams or body of water within such district;
provided that the authority of the Pollution Control Board of the State of
Illinois or its successor as may be fixed by law shall not be superseded.
(Source: P.A. 76-2439.)
(70 ILCS 2105/26a) (from Ch. 42, par. 409a)
Sec. 26a.
In the execution of the powers herein granted and the duties
vested in the Board of Trustees of districts organized under this Act, such
districts may cooperate and enter into agreements with the proper agencies
of the United States Government, Municipal Corporations of this State,
political subdivisions and persons and associations, for the formulation of
plans, and for the construction of any and all improvements for the control
of destructive floods, and for the conservation, regulation, development
and utilization of water, waterways and water resources, or other purposes
of this Act. Such agreements may assign to the several cooperating agencies
particular projects or portions of projects for the purposes herein stated
and may provide for joint understandings for said purposes and for
contribution to execute any works agreed upon with any other of the above
mentioned agencies in the State of Illinois to carry out the provisions of
the Act.
(Source: Laws 1951, p. 933.)
(70 ILCS 2105/26b) (from Ch. 42, par. 409b)
Sec. 26b.
A river conservancy district organized under this Act may
be dissolved in the following manner:
Its board of trustees shall adopt an ordinance finding and determining
that all outstanding debts and obligations have been discharged or assumed
by another public agency and that the public interest does not require continuation
of the district. The publication of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to sign a petition
requesting the question of dissolving the district to be submitted to the
electors; (2) the time in which such petition must be filed; and (3) the
date of the prospective referendum. The district secretary shall provide
a petition form to any individual requesting one.
Unless a petition shall be filed with the board within 30 days after such
publication containing the signatures of a number of electors residing
in the district equal to 10% or more of the registered voters in the district
requesting that the question of the dissolution of the district
be submitted to an election, the district shall be deemed to be dissolved
at the expiration of the 30 day period.
If such a petition is filed, the question of the dissolution of the district
shall be certified to the proper election officials, who shall submit the
question to the electors of the district at an election in accordance with
the general election law. The question shall be in substantially the following
form:
————————————————————–
“Shall the ……….. YES
River Conservancy District ————————-
be dissolved?”
NO
————————————————————–
The result of the election shall be entered upon the corporate records of
the district. If a majority of the ballots cast on the question are
marked “yes” the district shall be dissolved. But if a majority of the
ballots on the question are marked “no”, the corporate authorities shall
proceed with the affairs of the district as though the dissolution
ordinance had never been adopted, and, in such case, the question shall not
again be considered for a period of one year.
When the business and affairs of any such district have been closed up
after dissolution, such fact shall be certified by the board of trustees to
the county clerk and recorder of the county or counties in which the
district was situated and to the Secretary of State. All assets of the
district remaining after the closing up of business affairs and the retiring
of all debts and obligations shall be paid to the corporate fund of the
township in which such district was situated. If such district was
situated in 2 or more townships, the assets shall be divided on a pro rata
basis between the corporate fund of each township according to the value,
as equalized and assessed by the Department of Revenue, of all taxable
property in each township situated within the boundaries of such district.
(Source: P.A. 87-767.)
(70 ILCS 2105/27) (from Ch. 42, par. 410)
Sec. 27.
Nothing in this Act contained shall apply to or be construed in
any manner to affect the property, real, personal or mixed and wherever
situated, or the channels, drains, ditches and outlets and adjuncts and
additions thereto and their use, operation and maintenance and the right to
the flow of water therein for sewage dilution, or affect the jurisdiction,
rights, powers, duties and obligations of any existing sanitary district or
any sanitary district or any city or village which now has a population of
one million or more within its territorial limits.
(Source: Laws 1925, p. 346.)
(70 ILCS 2105/28) (from Ch. 42, par. 410a)
Sec. 28.
Short title).
This Act shall be known and may be cited
as the “River Conservancy Districts Act”.
(Source: P.A. 79-1454.)