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90_SB1612
70 ILCS 2605/8 from Ch. 42, par. 327
70 ILCS 2605/9.6c new
70 ILCS 2605/9.8 from Ch. 42, par. 328.8
Amends the Metropolitan Water Reclamation District Act.
Authorizes the District to create a Local Government
Assistance Program for the purpose of making loans to units
of local government to finance improvements to local sewerage
systems. Authorizes the District to issue bonds to finance
the program. Provides that the bonds may be payable from any
available revenues of the District, including loan
repayments. Deletes certain provisions relating to the Local
Improvement Revolving Loan Fund and the sale of surplus real
estate. Also makes a technical correction to the list of
bonds that may be issued by the District without referendum,
adding a cross reference to the Section under which
construction working cash fund bonds may be issued.
Effective immediately.
LRB9011558EGfgA
LRB9011558EGfgA
1 AN ACT in relation to the Metropolitan Water Reclamation
2 District.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Water Reclamation District
6 Act is amended by changing Sections 8 and 9.8 and adding
7 Section 9.6c as follows:
8 (70 ILCS 2605/8) (from Ch. 42, par. 327)
9 (Text of Section before amendment by P.A. 90-568)
10 Sec. 8. Except as otherwise in this Act provided, the
11 sanitary district may acquire by lease, purchase or otherwise
12 within or without its corporate limits, or by condemnation
13 within its corporate limits, any and all real and personal
14 property, right of way and privilege that may be required for
15 its corporate purposes. All moneys for the purchase and
16 condemnation of any property must be paid before possession
17 is taken, or any work done on the premises. In case of an
18 appeal from the Court in which the condemnation proceedings
19 are pending, taken by either party, whereby the amount of
20 damages is not finally determined, the amount of the judgment
21 in the court shall be deposited with the county treasurer of
22 the county in which the judgment is rendered, subject to the
23 payment of damages on orders signed by the judge whenever the
24 amount of damages is finally determined.
25 Upon recommendation of the general superintendent and
26 upon the approval of the board of trustees when any real or
27 personal property, right of way or privilege or any interest
28 therein, or any part thereof of such sanitary district is no
29 longer required for the corporate purposes of the sanitary
30 district it may be sold, vacated or released. Such sales,
31 vacations, or releases may be made subject to such conditions
-2- LRB9011558EGfgA
1 and the retention of such interest therein as may be deemed
2 for the best interest of such sanitary district as
3 recommended by the general superintendent and approved by the
4 board of trustees.
5 However, the sanitary district may enter into a lease of
6 a building or a part thereof, or acquire title to a building
7 already constructed or to be constructed, for the purpose of
8 securing office space for its administrative corporate
9 functions, the period of such lease not to exceed 15 years
10 except as authorized by the provisions of Section 8b of this
11 Act. In the event of the purchase of such property for
12 administrative corporate functions, the sanitary district may
13 execute a mortgage or other documents of indebtedness as may
14 be required for the unpaid balance, to be paid in not more
15 than 15 annual installments. Annual installments on the
16 mortgage or annual payment on the lease shall be considered a
17 current corporate expense of the year in which they are to be
18 paid, and the amount of such annual installment or payment
19 shall be included in the Annual Appropriation and Corporate
20 Tax Levy Ordinances. Such expense may be incurred,
21 notwithstanding the provisions, if any applicable, contained
22 in any other Sections of this Act.
23 The sanitary district may dedicate to the public for
24 highway purposes any of its real property and the dedications
25 may be made subject to such conditions and the retention of
26 such interests therein as considered in the best interests of
27 the sanitary district by the board of trustees upon
28 recommendation of the general superintendent.
29 The sanitary district may lease to others for any period
30 of time, not to exceed 99 years, upon the terms as its board
31 of trustees upon recommendation of the general superintendent
32 may determine, any such real property, right-of-way or
33 privilege, or any interest therein or any part thereof, which
34 is in the opinion of the board of trustees and general
-3- LRB9011558EGfgA
1 superintendent of the sanitary district no longer required
2 for its corporate purposes or which may not be immediately
3 needed for such purposes. The leases may contain such
4 conditions and retain such interests therein as considered in
5 the best interests of the sanitary district by the board of
6 trustees upon recommendation of the general superintendent.
7 Negotiations and execution of such leases and preparatory
8 activities in connection therewith must comply with Section
9 8c of this Act. The sanitary district may grant easements and
10 permits for the use of any such real property, right-of-way,
11 or privilege, which will not in the opinion of the board of
12 trustees and general superintendent of the sanitary district
13 interfere with the use thereof by the sanitary district for
14 its corporate purposes. Such easements and permits may
15 contain such conditions and retain such interests therein as
16 considered in the best interests of the sanitary district by
17 the board of trustees upon recommendation of the general
18 superintendent.
19 No sales, vacations, dedications for highway purposes, or
20 leases for periods in excess of 5 years, of the following
21 described real estate, may be made or granted by the sanitary
22 district without the approval in writing of the Director of
23 Natural Resources of the State of Illinois:
24 All the right-of-way of the Calumet-Sag Channel of the
25 sanitary district extending from the Little Calumet River
26 near Blue Island, Illinois, to the right-of-way of the main
27 channel of the sanitary district near Sag, Illinois.
28 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
29 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
30 lying northeasterly of a tract of land leased to the Corn
31 Products Manufacturing Company from January 1, 1908, to
32 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
33 of and adjoining the above mentioned leased tract measured
34 parallel with the main channel of the sanitary district; Lots
-4- LRB9011558EGfgA
1 166, 168, 207, 208, and part of Lot 211 lying northeasterly
2 of a line 1500 feet southwesterly of the center line of
3 Stephen Street, Lemont, Illinois, and parallel with said
4 street measured parallel with said main channel; and Lot 212
5 of the Sanitary District Trustees Subdivision of right-of-way
6 from the north and south center line of Section 30, Township
7 39 North, Range 14 East of the Third Principal Meridian, to
8 Will County line.
9 That part of the right-of-way of the main channel of the
10 sanitary district in Section 14, Township 37 North, Range 11
11 East of the Third Principal Meridian, lying southerly of said
12 main channel, northerly of the Northerly Reserve Line of the
13 Illinois and Michigan Canal, and westerly of the Center line
14 of the old channel of the Des Plaines River.
15 That part of said main channel right-of-way in Section
16 35, Township 37 North, Range 10 East of the Third Principal
17 Meridian, lying east of said main channel and south of a line
18 1,319.1 feet north of and parallel with the south line of
19 said Section 35.
20 That part of said main channel right-of-way in the
21 northeast quarter of the northwest quarter of Section 2,
22 Township 36 North, Range 10 East of the Third Principal
23 Meridian, lying east of said main channel.
24 That part of said main channel right-of-way lying south
25 of Ninth Street in Lockport, Illinois.
26 The sanitary district may sell real estate that (i) is
27 not necessary for the functions of the district and (ii) has
28 been declared surplus by the district's governing body. The
29 proceeds from the sale of the surplus real estate may be
30 deposited into a revolving fund that shall be known as the
31 Local Improvement Revolving Loan Fund. The sanitary district
32 shall establish a Local Improvement Loan Program to make
33 loans from the Local Improvement Revolving Loan Fund to
34 municipalities to rehabilitate the local sewerage systems
-5- LRB9011558EGfgA
1 within their boundaries. The sanitary district shall
2 establish reasonable rules to administer the program,
3 including without limitation criteria for the eligibility for
4 a loan and the interest rate. The interest rate established
5 by the district must be lower than the market rate.
6 Notwithstanding any other law, if any surplus real estate
7 is located in an unincorporated territory and if that real
8 estate is contiguous to only one municipality, 60 days before
9 the sale of that real estate, the sanitary district shall
10 notify in writing the contiguous municipality of the proposed
11 sale. Prior to the sale of the real estate, the municipality
12 shall notify in writing the sanitary district that the
13 municipality will or will not annex the surplus real estate.
14 If the contiguous municipality will annex such surplus real
15 estate, then coincident with the completion of the sale of
16 that real estate by the sanitary district, that real estate
17 shall be automatically annexed to the contiguous
18 municipality.
19 All sales of real estate by the such sanitary district
20 must be for cash, to the highest bidder upon open competitive
21 bids, and the proceeds of the sales, except the proceeds from
22 the sale of surplus real estate, may be used only for the
23 construction and equipment of sewage disposal plants, pumping
24 stations and intercepting sewers and appurtenances thereto,
25 and the acquisition of sites and easements therefor, and the
26 financing of the Local Government Assistance Program
27 established under Section 9.6c.
28 However, the sanitary district may:
29 (a) Remise, release, quit claim and convey, without the
30 approval of the Department of Natural Resources of the State
31 of Illinois acting by and through its Director, to the United
32 States of America without any consideration to be paid
33 therefor, in aid of the widening of the Calumet-Sag Channel
34 of the sanitary district by the United States of America, all
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1 those certain lands, tenements and hereditaments of every
2 kind and nature of that portion of the established
3 right-of-way of the Calumet-Sag Channel lying east of the
4 east line of Ashland Avenue, in Blue Island, Illinois, and
5 south of the center line of the channel except such portion
6 thereof as is needed for the operation and maintenance of and
7 access to the controlling works lock of the sanitary
8 district;
9 (b) Without the approval of the Department of Natural
10 Resources of the State of Illinois acting by and through its
11 Director, give and grant to the United States of America
12 without any consideration to be paid therefor the right,
13 privilege and authority to widen the Calumet-Sag Channel and
14 for that purpose to enter upon and use in the work of such
15 widening and for the disposal of spoil therefrom all that
16 part of the right-of-way of the Calumet-Sag Channel owned by
17 the sanitary district lying south of the center line of the
18 Calumet-Sag Channel from its connection with the main channel
19 of the sanitary district to the east line of Ashland Avenue
20 in Blue Island, Illinois;
21 (c) Make alterations to any structure made necessary by
22 such widening and to construct, reconstruct or otherwise
23 alter the existing highway bridges of the sanitary district
24 across the Calumet-Sag Channel;
25 (d) Give and grant to the United States of America
26 without any consideration to be paid therefor the right to
27 maintain the widened Calumet-Sag Channel without the
28 occupation or use of or jurisdiction over any property of the
29 sanitary district adjoining and adjacent to such widened
30 channel;
31 (e) Acquire by lease, purchase, condemnation or
32 otherwise, whatever land, easements or rights of way, not
33 presently owned by it, that may be required by the United
34 States of America in constructing the Calumet-Sag Navigation
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1 Project, as approved in Public Law 525, 79th Congress, Second
2 Session as described in House Document No. 677 for widening
3 and dredging the Calumet-Sag Channel, in improving the Little
4 Calumet River between the eastern end of the Sag Channel and
5 Turning Basin No. 5, and in improving the Calumet River
6 between Calumet Harbor and Lake Calumet;
7 (f) Furnish free of cost to the United States all lands,
8 easements, rights-of-way and soil disposal areas necessary
9 for the new work and for subsequent maintenance by the United
10 States;
11 (g) Provide for the necessary relocations of all
12 utilities.
13 Whatever land acquired by the sanitary district may
14 thereafter be determined by the Board of Trustees upon
15 recommendation of the general superintendent as not being
16 needed by the United States for the purposes of constructing
17 and maintaining the Calumet-Sag Navigation Project as above
18 described, shall be retained by the sanitary district for its
19 corporate purposes, or be sold, with all convenient speed,
20 vacated or released (but not leased) as its Board of Trustees
21 upon recommendation of the general superintendent may
22 determine: All sales of such real estate must be for cash, to
23 the highest bidder upon open, competitive bids, and the
24 proceeds of the sales may be used only for the purpose of
25 paying principal and interest upon the bonds authorized by
26 this Act, and if no bonds are then outstanding, for the
27 purpose of paying principal and interest upon any general
28 obligation bonds of the sanitary district, and for corporate
29 purposes of the sanitary district. When the proceeds are
30 used to pay bonds and interest, proper abatement shall be
31 made in the taxes next extended for such bonds and interest.
32 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
33 (Text of Section after amendment by P.A. 90-568)
34 Sec. 8. Except as otherwise in this Act provided, the
-8- LRB9011558EGfgA
1 sanitary district may acquire by lease, purchase or otherwise
2 within or without its corporate limits, or by condemnation
3 within its corporate limits, any and all real and personal
4 property, right of way and privilege that may be required for
5 its corporate purposes. All moneys for the purchase and
6 condemnation of any property must be paid before possession
7 is taken, or any work done on the premises. In case of an
8 appeal from the Court in which the condemnation proceedings
9 are pending, taken by either party, whereby the amount of
10 damages is not finally determined, the amount of the judgment
11 in the court shall be deposited with the county treasurer of
12 the county in which the judgment is rendered, subject to the
13 payment of damages on orders signed by the judge whenever the
14 amount of damages is finally determined.
15 Upon recommendation of the general superintendent and
16 upon the approval of the board of trustees when any real or
17 personal property, right of way or privilege or any interest
18 therein, or any part thereof of such sanitary district is no
19 longer required for the corporate purposes of the sanitary
20 district it may be sold, vacated or released. Such sales,
21 vacations, or releases may be made subject to such conditions
22 and the retention of such interest therein as may be deemed
23 for the best interest of such sanitary district as
24 recommended by the general superintendent and approved by the
25 board of trustees.
26 However, the sanitary district may enter into a lease of
27 a building or a part thereof, or acquire title to a building
28 already constructed or to be constructed, for the purpose of
29 securing office space for its administrative corporate
30 functions, the period of such lease not to exceed 15 years
31 except as authorized by the provisions of Section 8b of this
32 Act. In the event of the purchase of such property for
33 administrative corporate functions, the sanitary district may
34 execute a mortgage or other documents of indebtedness as may
-9- LRB9011558EGfgA
1 be required for the unpaid balance, to be paid in not more
2 than 15 annual installments. Annual installments on the
3 mortgage or annual payment on the lease shall be considered a
4 current corporate expense of the year in which they are to be
5 paid, and the amount of such annual installment or payment
6 shall be included in the Annual Appropriation and Corporate
7 Tax Levy Ordinances. Such expense may be incurred,
8 notwithstanding the provisions, if any applicable, contained
9 in any other Sections of this Act.
10 The sanitary district may dedicate to the public for
11 highway purposes any of its real property and the dedications
12 may be made subject to such conditions and the retention of
13 such interests therein as considered in the best interests of
14 the sanitary district by the board of trustees upon
15 recommendation of the general superintendent.
16 The sanitary district may lease to others for any period
17 of time, not to exceed 99 years, upon the terms as its board
18 of trustees upon recommendation of the general superintendent
19 may determine, any such real property, right-of-way or
20 privilege, or any interest therein or any part thereof, which
21 is in the opinion of the board of trustees and general
22 superintendent of the sanitary district no longer required
23 for its corporate purposes or which may not be immediately
24 needed for such purposes. The leases may contain such
25 conditions and retain such interests therein as considered in
26 the best interests of the sanitary district by the board of
27 trustees upon recommendation of the general superintendent.
28 Negotiations and execution of such leases and preparatory
29 activities in connection therewith must comply with Section
30 8c of this Act. The sanitary district may grant easements and
31 permits for the use of any such real property, right-of-way,
32 or privilege, which will not in the opinion of the board of
33 trustees and general superintendent of the sanitary district
34 interfere with the use thereof by the sanitary district for
-10- LRB9011558EGfgA
1 its corporate purposes. Such easements and permits may
2 contain such conditions and retain such interests therein as
3 considered in the best interests of the sanitary district by
4 the board of trustees upon recommendation of the general
5 superintendent.
6 No sales, vacations, dedications for highway purposes, or
7 leases for periods in excess of 5 years, of the following
8 described real estate, may be made or granted by the sanitary
9 district without the approval in writing of the Director of
10 Natural Resources of the State of Illinois:
11 All the right-of-way of the Calumet-Sag Channel of the
12 sanitary district extending from the Little Calumet River
13 near Blue Island, Illinois, to the right-of-way of the main
14 channel of the sanitary district near Sag, Illinois.
15 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
16 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
17 lying northeasterly of a tract of land leased to the Corn
18 Products Manufacturing Company from January 1, 1908, to
19 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
20 of and adjoining the above mentioned leased tract measured
21 parallel with the main channel of the sanitary district; Lots
22 166, 168, 207, 208, and part of Lot 211 lying northeasterly
23 of a line 1500 feet southwesterly of the center line of
24 Stephen Street, Lemont, Illinois, and parallel with said
25 street measured parallel with said main channel; and Lot 212
26 of the Sanitary District Trustees Subdivision of right-of-way
27 from the north and south center line of Section 30, Township
28 39 North, Range 14 East of the Third Principal Meridian, to
29 Will County line.
30 That part of the right-of-way of the main channel of the
31 sanitary district in Section 14, Township 37 North, Range 11
32 East of the Third Principal Meridian, lying southerly of said
33 main channel, northerly of the Northerly Reserve Line of the
34 Illinois and Michigan Canal, and westerly of the Center line
-11- LRB9011558EGfgA
1 of the old channel of the Des Plaines River.
2 That part of said main channel right-of-way in Section
3 35, Township 37 North, Range 10 East of the Third Principal
4 Meridian, lying east of said main channel and south of a line
5 1,319.1 feet north of and parallel with the south line of
6 said Section 35.
7 That part of said main channel right-of-way in the
8 northeast quarter of the northwest quarter of Section 2,
9 Township 36 North, Range 10 East of the Third Principal
10 Meridian, lying east of said main channel.
11 That part of said main channel right-of-way lying south
12 of Ninth Street in Lockport, Illinois.
13 The sanitary district may sell real estate that (i) is
14 not necessary for the functions of the district and (ii) has
15 been declared surplus by the district's governing body. The
16 proceeds from the sale of the surplus real estate may be
17 deposited into a revolving fund that shall be known as the
18 Local Improvement Revolving Loan Fund. The sanitary district
19 shall have the authority to deposit additional surplus funds
20 into the Local Improvement Revolving Loan Fund. The sanitary
21 district shall establish a Local Improvement Loan Program to
22 make loans from the Local Improvement Revolving Loan Fund to
23 municipalities and other units of local government to
24 rehabilitate the local sewerage systems within their
25 boundaries. The sanitary district shall establish reasonable
26 rules to administer the program, including without limitation
27 criteria for the eligibility for a loan and the interest
28 rate. The interest rate established by the district must be
29 lower than the market rate.
30 Notwithstanding any other law, if any surplus real estate
31 is located in an unincorporated territory and if that real
32 estate is contiguous to only one municipality, 60 days before
33 the sale of that real estate, the sanitary district shall
34 notify in writing the contiguous municipality of the proposed
-12- LRB9011558EGfgA
1 sale. Prior to the sale of the real estate, the municipality
2 shall notify in writing the sanitary district that the
3 municipality will or will not annex the surplus real estate.
4 If the contiguous municipality will annex such surplus real
5 estate, then coincident with the completion of the sale of
6 that real estate by the sanitary district, that real estate
7 shall be automatically annexed to the contiguous
8 municipality.
9 All sales of real estate by the such sanitary district
10 must be for cash, to the highest bidder upon open competitive
11 bids, and the proceeds of the sales, except the proceeds from
12 the sale of surplus real estate, may be used only for the
13 construction and equipment of sewage disposal plants, pumping
14 stations and intercepting sewers and appurtenances thereto,
15 and the acquisition of sites and easements therefor, and the
16 financing of the Local Government Assistance Program
17 established under Section 9.6c.
18 However, the sanitary district may:
19 (a) Remise, release, quit claim and convey, without the
20 approval of the Department of Natural Resources of the State
21 of Illinois acting by and through its Director, to the United
22 States of America without any consideration to be paid
23 therefor, in aid of the widening of the Calumet-Sag Channel
24 of the sanitary district by the United States of America, all
25 those certain lands, tenements and hereditaments of every
26 kind and nature of that portion of the established
27 right-of-way of the Calumet-Sag Channel lying east of the
28 east line of Ashland Avenue, in Blue Island, Illinois, and
29 south of the center line of the channel except such portion
30 thereof as is needed for the operation and maintenance of and
31 access to the controlling works lock of the sanitary
32 district;
33 (b) Without the approval of the Department of Natural
34 Resources of the State of Illinois acting by and through its
-13- LRB9011558EGfgA
1 Director, give and grant to the United States of America
2 without any consideration to be paid therefor the right,
3 privilege and authority to widen the Calumet-Sag Channel and
4 for that purpose to enter upon and use in the work of such
5 widening and for the disposal of spoil therefrom all that
6 part of the right-of-way of the Calumet-Sag Channel owned by
7 the sanitary district lying south of the center line of the
8 Calumet-Sag Channel from its connection with the main channel
9 of the sanitary district to the east line of Ashland Avenue
10 in Blue Island, Illinois;
11 (c) Make alterations to any structure made necessary by
12 such widening and to construct, reconstruct or otherwise
13 alter the existing highway bridges of the sanitary district
14 across the Calumet-Sag Channel;
15 (d) Give and grant to the United States of America
16 without any consideration to be paid therefor the right to
17 maintain the widened Calumet-Sag Channel without the
18 occupation or use of or jurisdiction over any property of the
19 sanitary district adjoining and adjacent to such widened
20 channel;
21 (e) Acquire by lease, purchase, condemnation or
22 otherwise, whatever land, easements or rights of way, not
23 presently owned by it, that may be required by the United
24 States of America in constructing the Calumet-Sag Navigation
25 Project, as approved in Public Law 525, 79th Congress, Second
26 Session as described in House Document No. 677 for widening
27 and dredging the Calumet-Sag Channel, in improving the Little
28 Calumet River between the eastern end of the Sag Channel and
29 Turning Basin No. 5, and in improving the Calumet River
30 between Calumet Harbor and Lake Calumet;
31 (f) Furnish free of cost to the United States all lands,
32 easements, rights-of-way and soil disposal areas necessary
33 for the new work and for subsequent maintenance by the United
34 States;
-14- LRB9011558EGfgA
1 (g) Provide for the necessary relocations of all
2 utilities.
3 Whatever land acquired by the sanitary district may
4 thereafter be determined by the Board of Trustees upon
5 recommendation of the general superintendent as not being
6 needed by the United States for the purposes of constructing
7 and maintaining the Calumet-Sag Navigation Project as above
8 described, shall be retained by the sanitary district for its
9 corporate purposes, or be sold, with all convenient speed,
10 vacated or released (but not leased) as its Board of Trustees
11 upon recommendation of the general superintendent may
12 determine: All sales of such real estate must be for cash, to
13 the highest bidder upon open, competitive bids, and the
14 proceeds of the sales may be used only for the purpose of
15 paying principal and interest upon the bonds authorized by
16 this Act, and if no bonds are then outstanding, for the
17 purpose of paying principal and interest upon any general
18 obligation bonds of the sanitary district, and for corporate
19 purposes of the sanitary district. When the proceeds are
20 used to pay bonds and interest, proper abatement shall be
21 made in the taxes next extended for such bonds and interest.
22 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96;
23 90-568, eff. 1-1-99.)
24 (70 ILCS 2605/9.6c new)
25 Sec. 9.6c. Local Government Assistance Program; bonds.
26 (a) The General Assembly finds that governmental units
27 located within the boundaries of the district require
28 assistance in financing the cost of repair, replacement,
29 reconstruction, and rehabilitation of local sewer collection
30 systems to reduce certain excessive sanitary sewer ground
31 water inflows; that such inflows ultimately result in
32 increased need for treatment and storage facilities of the
33 district; and that the district, in the discretion of its
-15- LRB9011558EGfgA
1 commissioners, advantageously may provide loan funds for such
2 purposes.
3 (b) For purposes of this Section, the following terms
4 shall have the meanings set forth, as follows:
5 The following terms shall have the meanings given to
6 them in the Local Government Debt Reform Act: (A)
7 "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
8 "general obligation bonds"; (E) "governmental unit"; (F)
9 "ordinance"; and (G) "revenue source".
10 "Assistance bonds" means the bonds to be issued by
11 the district to provide funds for the program as
12 authorized in subsection (f) of this Section.
13 "Assistance program" means the program authorized in
14 this Section by which the district may make loans to
15 local governmental units for any one or more of the
16 following undertaken with respect to the repair,
17 replacement, reconstruction, and rehabilitation of local
18 sewer collection systems: preliminary planning,
19 engineering, architectural, legal, fiscal or economic
20 investigations or studies, surveys, designs, plans,
21 working drawings, specifications, procedures or other
22 necessary actions, erection, building acquisition,
23 alteration, remodeling, improvement, or extension of such
24 collection systems, or the inspection or supervision of
25 any of the foregoing.
26 "Loan" means a loan made by the district to a local
27 governmental unit under the assistance program.
28 "Local governmental unit" means a governmental unit
29 within the boundaries of the district.
30 "Reconstruction" shall include the construction of
31 totally new lines or systems if reasonably designed to
32 replace obsolete lines or systems.
33 (c) The commissioners may establish an assistance
34 program.
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1 (d) The commissioners are authorized to do any one or
2 more of the following with respect to the assistance program:
3 (1) Establish the assistance program as a use or
4 appropriation within the corporate fund of the district.
5 (2) Accept grants, borrow funds, and appropriate
6 lawfully available funds for the purpose of funding the
7 assistance program.
8 (3) Make the loans as provided in subsection (e).
9 (4) Enforce loans with all available remedies as
10 any governmental unit or private person might have with
11 respect to such loans.
12 (e) The district shall have the power to make loans and
13 local governmental units shall have the power to obtain loans
14 from the district, but only if authorized to borrow under
15 such powers as may be granted to such local governmental
16 units under other applicable law. This Section does not
17 grant local governmental units separate borrowing power. If
18 authorized to issue bonds under such applicable law, however,
19 the form of the borrowing may be such as the district and the
20 local governmental unit may agree, including, without
21 limitation, a loan agreement made between the district and
22 local governmental unit to evidence the bond. Any such loan
23 agreement shall state the statutory authority under
24 applicable law for the bond it represents but otherwise need
25 not be in any specific form. The district shall have all
26 rights and remedies available to the holder of a bond
27 otherwise issued in the form provided for same under
28 applicable law and also such rights and remedies as may be
29 additionally available under subsection (d)(4) of this
30 Section. The loans may be made upon such terms and at such
31 rates, including expressly below market rates, representing a
32 subsidy of funds from the district to the local governmental
33 units, as the district may specify in the loan agreements.
34 (f) The district may borrow money and issue its
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1 assistance bonds under this Section 9.6c for the purpose of
2 funding the assistance program. The district may pledge any
3 lawfully available revenue source to the assistance bonds
4 including, specifically, the receipts from the loans. The
5 assistance bonds shall not be general obligation bonds of the
6 district except if issued as alternate bonds. Assistance
7 bonds shall not be subject to any referendum requirement and
8 shall not be treated as indebtedness under any applicable
9 provision of law setting forth a limitation upon or
10 requirement with respect to the legal indebtedness of the
11 district; provided, however, that if assistance bonds are
12 issued as alternate bonds, the provisions and limitations of
13 the Local Government Debt Reform Act with respect to
14 alternate bonds shall all apply.
15 (70 ILCS 2605/9.8) (from Ch. 42, par. 328.8)
16 Sec. 9.8. Except as is otherwise provided by Sections 9,
17 9.1, 9.2, 9.3, 9.5, 9.6, 9.6a, 9.6c, and 9b, and 9c of this
18 Act, whenever the corporate authorities of the Sanitary
19 District desire to issue bonds for any of its corporate
20 purposes, they shall by ordinance direct that the ordinance
21 or ordinances for the issuance of such bonds be submitted to
22 the legal voters of such sanitary district at any election.
23 The clerk of such sanitary district shall certify the
24 ordinance and the question to the proper election officials
25 who shall submit the question at an election in accordance
26 with the general election law. The question shall be in
27 substantially the following form:
28 -------------------------------------------------------------
29 Shall bonds for the purpose of YES
30 (State purpose) in the sum of.... be --------------------
31 issued by the Sanitary District of....? NO
32 -------------------------------------------------------------
33 It shall not be necessary to print in full on the ballot
-18- LRB9011558EGfgA
1 any such ordinance authorizing the issuance of bonds.
2 The result of the referendum on the question shall be
3 entered upon the records of the district.
4 (Source: P.A. 83-333.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.