(60 ILCS 1/205-15)
Sec. 205-15.
Revenue and refunding bonds; issuance and terms.
(a) To pay the cost of the construction, purchase, and improvement or
extension from time to time of any system under this Article, including
engineering, legal, and other expenses, together with interest, to a date 6
months after the estimated date of completion, the township board may
appropriate township funds, including Federal Revenue Sharing funds, and issue
and sell revenue bonds of the township payable solely from the income and
revenue derived from the operation of the system. The board may also from time
to time issue revenue bonds to refund any bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of the
holders of the bonds. All bonds shall be authorized by an ordinance adopted by
the township board, shall bear a date or dates, may mature at a time or
times not exceeding 40 years from their respective dates, may bear
interest (i) at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act as amended at the time of the making of the contract (if
issued within one year after July 18, 1972) and (ii) at the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract (if issued after that date), payable semi-annually, may be in a
form, may carry registration privileges, may be payable at a place or
places, may be subject to redemption in a manner and upon terms with or without
premium as is stated on the face of the bonds, may be executed in a manner by
officers of the township, and may contain terms and covenants, all as provided
by the ordinance authorizing their issue.
(b) Bonds shall be sold in the manner determined by the township board and,
if issued to bear interest (i) at the rate of the maximum rate authorized by
the Bond Authorization Act, as amended at the time of the making of the
contract, or (ii) the maximum rate authorized by the Bond Authorization Act as
amended at the time of the making of the contract (if issued after a one year
period following July 18, 1972), shall be sold for not less than par and
accrued interest. The selling price of any bonds bearing less than
(i) the maximum interest rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract, or (ii) the maximum
rate authorized by the Bond Authorization Act as amended at the
time of the making of the contract (if issued after a one year period following
July 18, 1972), however, shall be such that the interest cost of the money
received from the sale of the bonds does not exceed (i) the maximum rate
authorized by the Bond Authorization Act as amended at the time of the making
of the contract, or (ii) the maximum rate authorized by the Bond Authorization
Act as amended at the time of the making of the contract (if issued after a one
year period following July 18, 1972), computed to absolute maturity, according
to standard tables of bond value. The bonds shall be payable solely from the
income and revenues to be derived from the operation of the system.
(c) Notwithstanding the form or tenor of the bonds, and in the absence of
expressed recitals on the face of the bonds that the bonds are
non-negotiable, all bonds issued under this Article shall be negotiable
instruments.
(d) To secure payment of any or all of the bonds, the ordinance shall
set forth the covenants and undertakings of the township in connection
with (i) the issuance of the bonds and the issuance of additional bonds payable
from the revenue or income to be derived from the operation of the
system and (ii) the use and operation of the system. The ordinance may also
provide that the bonds, or those that are specified, shall, to the extent and
in the manner prescribed, be subordinated and be junior in standing with
respect to the payment of principal and interest and the security of payment to
other bonds designated in the ordinance.
(e) If any officer whose signature appears on the bonds or coupons
attached to the bonds ceases to be an officer before the delivery of
the bonds to the purchaser, his or her signature shall nevertheless be valid
and sufficient for all purposes to the same effect as if he or she had remained
in office until the delivery of the bonds.
(f) Under no circumstances shall any bonds issued or any other obligation
incurred under this Article by a township be or become an indebtedness or an
obligation of the township payable from taxes, nor shall they in any event
constitute an indebtedness of the township within the meaning of any
constitutional or statutory provision or limitation. This fact shall be
plainly stated on the face of each bond.
(g) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 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 Article 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 Article that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 88-62.)
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