People ex rel. Weber v. Crosfield Chemicals, Inc.

223 Ill. App. 3d 896
CourtAppellate Court of Illinois
DecidedJanuary 15, 1992
DocketNos. 3-91-0411 through 3-91-0417 cons.
StatusPublished
Cited by1 cases

This text of 223 Ill. App. 3d 896 (People ex rel. Weber v. Crosfield Chemicals, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Weber v. Crosfield Chemicals, Inc., 223 Ill. App. 3d 896 (Ill. Ct. App. 1992).

Opinions

JUSTICE GORMAN

delivered the opinion of the court:

This appeal results from a challenge by several taxpayers to the tax levy of certain taxing bodies. After a hearing on stipulated facts, the circuit court found in favor of the tax collector. We affirm.

The appellants in this action are Crosfield Chemicals, Inc. (No. 3— 91 — 0411), Commonwealth Edison Company (No. 3 — 91—0412), USX Corporation (No. 3 — 91—0413), Amoco Oil Company (No. 3 — 91— 0414), Peoples Gas Light and Coke Company (No. 3 — 91—0415), Illinois Bell Telephone Company (No. 3 — 91—0416), and Natural Gas Pipeline Company of America (No. 3 — 91—0417). The tax objections at issue are exactly the same for each of the appellants and relate to various taxing districts.

Objections filed by Crosfield Chemicals, USX, and Natural Gas are against the Will County Forest Preserve District only. Commonwealth Edison’s objections are against the Forest Preserve, Homer Township, the Godley Park District, and School District No. 92. Amoco Oil’s objections are against the Forest Preserve and School District No. 92. Peoples Gas’ objections are against the Forest Preserve and Homer Township. Illinois Bell’s objections are against the Forest Preserve, Homer Township, and the City of Lockport.

The appellants objected to the levy of those taxing districts for the payment of principal and interest on bonds issued by the districts. In each instance, the taxing district filed a bond ordinance or resolution during early 1989 upon which the county clerk extended a tax for the year 1988.

It is alleged that this extension was illegal due to an unconstitutional delegation of legislative authority in section 16 of the Local Government Debt Reform Act (111. Rev. Stat. 1989, ch. 17, par. 6916). Specifically, the taxpayers claim that the statute improperly delegates to the county clerk legislative discretion in determining whether or not to accept the filing of the levy ordinance. The trial court found that the decision is an exercise of ministerial or administrative discretion and thus found that the statute is constitutional.

The sole issue on appeal is whether section 16 is an unconstitutional delegation of legislative authority to the county clerk. Section 16 provides:

“A governmental unit may levy a tax for the payment of principal of and interest on general obligation bonds at any time prior to the issuance of such bonds, subject to the agreement of the county clerk that the county clerk will accept the filing of the ordinance levying such tax notwithstanding that such time is subsequent to the end of the calendar year next preceding the calendar year during which such tax will be collected. In extending taxes for general obligation bonds, the county clerk shall add to the levy for debt service on such bonds an amount sufficient, in view of all losses and delinquencies in tax collection, to produce tax receipts adequate for the prompt payment of such debt service.” Ill. Rev. Stat. 1989, ch. 17, par. 6916.

In general, a county clerk has several duties regarding the real estate tax collection process. Foremost among these duties is the requirement that the clerk keep the books with correct lists of taxable property for use by tax collectors. (Ill. Rev. Stat. 1989, ch. 120, par. 639.) The clerk must also determine the tax rate for each taxing district. (Ill. Rev. Stat. 1989, ch. 120, par. 643.) To facilitate this, each taxing district must file with the clerk a certificate of levy or a copy of the levy ordinance. (See, e.g., Ill. Rev. Stat. 1989, ch. 24, par. 8— 3 — 1.) After determining the appropriate tax rate, the clerk then delivers the tax books to the collecting officials and certifies to the county collector the amount of taxes to be collected. (Ill. Rev. Stat. 1989, ch. 120, pars. 653, 654.) A county clerk has no power to levy taxes or determine whether taxes have been legally assessed and as such his duties in the extension of taxes are purely ministerial. City of Rockford v. Gill (1979), 75 Ill. 2d 334, 388 N.E.2d 384.

Appellants argue that the language of section 16 gives the county clerk the authority to refuse to accept the filing of the levying ordinance and to refuse to extend the tax. Thus, the county clerk’s acceptance is a condition to the exercise of a governmental unit’s power to make a levy for a tax and to have the levy extended. According to the appellants, the statute purports to grant the county clerk powers that are greater than the ministerial function of extending taxes and is therefore unconstitutional.

Initially, we note that legislation is presumed constitutional and the party challenging a statute’s constitutionally must rebut this presumption and prove the unconstitutional nature of the statute. (County of Bureau v. Thompson (1990), 139 Ill. 2d 323, 564 N.E.2d 1170.) Moreover, in a tax objection case, there is a presumption that the taxes assessed are correct, and the objector bears the burden of proving facts to sustain the objection. People ex rel. Thompson v. Clark (1975), 34 Ill. App. 3d 228, 338 N.E.2d 408.

It is apparent that section 16 is but one of many statutes addressing the county clerk’s role in the tax collection process. Accordingly, it cannot be read in isolation, but must be read together with the other statutes which regulate the same subject and harmonized whenever possible. Williams v. Illinois State Scholarship Comm’n (1990), 139 Ill. 2d 24, 563 N.E.2d 465; People v. Badoud (1988), 122 Ill. 2d 50, 521 N.E.2d 884.

The court, in construing legislation, need not adhere to the literal language of the statute if that interpretation would lead to absurd results. If the statute can be reasonably construed so as to avoid such results, then the construction that would render the statute ineffective should be avoided. (Moyer v. Board of Education of School District No. 186 (1945), 391 Ill. 156, 62 N.E.2d 802.) To accomplish this, each statute is to be construed in light of the general purposes and objects of the acts in order to effectuate the main intent and plan of that statute. Moyer, 391 Ill. at 162, 62 N.E.2d at 805.

The intent of the legislature in enacting the Local Government . Debt Reform Act is expressed in the “Findings” section of the Act, which provides:

“The General Assembly finds: (a) There have been many and important changes in the market for and practices with respect to the issuance of bonds of local governmental units in recent years.
(b) Various provisions of the Illinois law are inconsistent and outdated.
(c) Many of these provisions result in additional costs for the citizens of the State of Illinois residing in local governmental units because of the sale and issuance of bonds at higher rates than would otherwise be necessary.

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Related

In Re Application for Judgment & Sale of Delinquent Properties
656 N.E.2d 1049 (Illinois Supreme Court, 1995)

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223 Ill. App. 3d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-weber-v-crosfield-chemicals-inc-illappct-1992.