(65 ILCS 5/8-1-15) (from Ch. 24, par. 8-1-15)
Sec. 8-1-15.
Any municipality having a population of 500,000 or more,
holding in its treasury any fund set aside for use for a particular purpose
that is not immediately necessary for that purpose, at any time by
ordinance may advance the money in that fund, or such part thereof as may
be required, to the board of local improvements of that municipality. The
board shall apply this money toward the payment of any final judgment of
condemnation rendered in any proceeding involving the taking or damaging of
private property for a local improvement of that municipality, the cost of
which is to be defrayed wholly or partly by special assessment or special
taxation.
Before any money is actually so advanced, the corporate authorities, by
the same ordinance, shall require the board of local improvements to
execute and deposit with the comptroller of the municipality a written
pledge or security to the entire extent of the special assessment or
special tax, for the repayment of the advance out of the proceeds of the
special assessment or special tax. The comptroller shall give a written
receipt for this pledge or security. After such a pledge or security is so
executed and deposited, all money paid on account of the principal and
interest of the special assessment or special tax shall be at once credited
to and placed in the fund from which the advance was made until the fund is
reimbursed for the advance made therefrom. Thereupon, the corporate
authorities by ordinance may cancel and release the pledge or security. The
entire amount of the advance shall be repaid to the specified fund within 5
years from the date of the passage of the ordinance providing for the
advance.
An advance shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. The corporate
authorities shall make provision for the payment, out of any corporate
funds legally available therefor, of any part of this interest which is in
excess of the interest paid on account of the special assessment or special
tax and placed in the specified fund.
If there is no comptroller in the municipality, the municipal clerk
shall perform the duties of the comptroller specified in this section.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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