|
Public Act 100-1076
|
| SB3086 Enrolled | LRB100 19664 RJF 34938 b |
|
|
AN ACT concerning government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Intergovernmental Cooperation Act is |
amended by changing Sections 3.1 and 3.4 as follows:
|
(5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
|
Sec. 3.1. Municipal Joint Action Water Agency.
|
(a) Any municipality or municipalities of
this State, any |
county
or counties of this State, any township in a county with |
a population under
700,000 of this State, any public water |
district or districts of this State, State university, or
any |
combination thereof may, by intergovernmental agreement, |
establish a
Municipal Joint Action Water Agency to provide |
adequate supplies of water on an
economical and efficient basis |
for member municipalities, public water
districts and other |
incorporated and unincorporated areas within such counties.
|
Any
such Agency shall itself be a municipal
corporation, public |
body politic and corporate. A Municipal Joint Action Water
|
Agency so created shall not itself have taxing power except as |
hereinafter
provided.
|
A Municipal Joint Action Water Agency shall be established |
by an
intergovernmental agreement among the various member |
municipalities,
public water districts, townships, State |
|
universities, and counties, upon approval by an ordinance
|
adopted by the corporate authorities of each member |
municipality, public water
district, township, State |
university, or county. This agreement may be amended at any |
time upon
the adoption of concurring ordinances by the |
corporate authorities of all
member municipalities, public |
water districts, townships, State universities, and counties. |
The
agreement may provide for additional municipalities, |
public water districts, any State universities,
townships in |
counties with a population under 700,000, or counties to join |
the
Agency upon adoption of an ordinance by the corporate |
authorities of the
joining municipality, public water |
district, township, or county, and upon such
consents, |
conditions and approvals of the governing body of the Municipal |
Joint
Action Water Agency and of existing member |
municipalities, public water
districts, townships, State |
universities, and counties as shall be provided in the |
agreement. The
agreement shall provide the manner and terms on |
which any municipality, public
water district, township, or |
county may withdraw from membership in the
Municipal Joint |
Action Water Agency and on which the Agency may terminate and
|
dissolve in whole or in part. The agreement shall set forth the |
corporate name
of the Municipal Joint Action Water Agency and |
its duration. Promptly upon any
agreement establishing a |
Municipal Joint Action Water Agency being entered
into, or upon |
the amending of any such agreement, a copy of such agreement or
|
|
amendment shall be filed in the office of the Secretary of |
State of Illinois.
Promptly upon the addition or withdrawal of |
any municipality, public water
district, township in a county |
with a population under 700,000, or county, or
upon the |
dissolution of a Municipal Joint Action Water Agency, that fact |
shall
be certified by an officer of the Agency to the Secretary |
of State of Illinois.
|
(b) The governing body of any Municipal Joint Action Water |
Agency
established pursuant to this Section 3.1 shall be a |
Board of Directors.
There shall be one Director from each |
member municipality, public water
district, township, State |
university, and county of the Municipal Joint Action Water |
Agency
appointed by ordinance of the corporate authorities of |
the municipality, public
water district, township, or county. |
Each Director shall have one vote, and shall meet the |
requirements of paragraphs (1) or (2), as applicable. |
(1) Each
Director shall be the Mayor or President of |
the member municipality, or the
chairman of the board of |
trustees of the member public water district, the
|
supervisor of the member township, the appointee of the |
State university, or the chairman of the county board or |
chief
executive officer of the member county or a county |
board member appointed by
the chairman of the county board |
of the member county, appointing the Director;
an elected |
member of the corporate authorities of that municipality, |
public
water district, township, or county; or other |
|
elected official of the
appointing municipality, public |
water district, township, or county. Any
agreement |
establishing a Municipal Joint Action Water Agency shall |
specify the
period during which a Director shall hold |
office and may provide for the
appointment of Alternate |
Directors from member municipalities, public water
|
districts, townships, or counties. The Board of Directors |
shall elect one
Director to serve as Chairman, and shall |
elect persons, who need not be
Directors, to such other |
offices as shall be designated in the agreement.
|
(2) For any Municipal Joint Action Water Agency |
established after the effective date of this amendatory Act |
of the 100th General Assembly, each Director shall either: |
(i) meet the qualifications specified under paragraph (1); |
or (ii) be an appointed official of a member municipality, |
public water district, township, State university, or |
county, as designated by ordinance or other official |
action, from time to time by the corporate authorities of |
the member municipality, public water district, township, |
State university, or county. |
The Board of Directors shall determine the general policy |
of the Municipal
Joint Action Water Agency, shall approve the |
annual budget, shall make all
appropriations (which may include |
appropriations made at any time in
addition to those made in |
any annual appropriation document), shall approve
all |
contracts for the purchase or sale of water, shall adopt any |
|
resolutions
providing for the issuance of bonds or notes by the |
Agency, shall adopt its
by-laws, rules and regulations, and |
shall have such other powers and duties as
may be prescribed in |
the agreement. Such agreement may further specify those
powers |
and actions of the Municipal Joint Action Water Agency which |
shall
be authorized only upon votes of greater than a majority |
of all Directors
or only upon consents of the corporate |
authorities of a certain number of
member municipalities, |
public water districts, townships, State universities, or |
counties.
|
The agreement may provide for the establishment of an |
Executive Committee
to consist of the municipal manager or |
other elected or appointed official of
each member |
municipality, public water district, township, State |
university, or county, as
designated by ordinance or other |
official action, from time to time by the corporate authorities |
of the
member municipality, public water district, township, |
State university, or county, and may
prescribe powers and |
duties of the Executive Committee for the efficient
|
administration of the Agency.
|
(c) A Municipal Joint Action Water Agency established |
pursuant to this
Section 3.1 may plan, construct, improve, |
extend, acquire, finance (including
the issuance of revenue |
bonds or notes as provided in this Section 3.1),
operate, |
maintain, and contract for a joint waterworks or water supply |
system
which may include, or may consist of, without |
|
limitation, facilities for
receiving, storing, and |
transmitting water from any source for supplying water
to |
member municipalities, public water districts, townships, or
|
counties (including county special service areas created under |
the Special
Service Area Tax Act and county service areas |
authorized under the Counties
Code), or other public agencies, |
persons, or corporations. Facilities of the
Municipal Joint |
Action Water Agency may be located within or without the
|
corporate limits of any member municipality.
|
A Municipal Joint Action Water Agency shall have such |
powers as shall be
provided in the agreement establishing it, |
which may include, but need not
be limited to, the following |
powers:
|
(i) to sue or be sued;
|
(ii) to apply for and accept gifts or grants or loans |
of funds or property
or financial or other aid from any |
public agency or private entity;
|
(iii) to acquire, hold, sell, lease as lessor or |
lessee, transfer or
dispose of such real or personal |
property, or interests therein, as it
deems appropriate in |
the exercise of its powers, and to provide for the use
|
thereof by any member municipality, public water district, |
township, or county;
|
(iv) to make and execute all contracts and other |
instruments necessary
or convenient to the exercise of its |
powers (including contracts with
member municipalities, |
|
with public water districts, with townships, and
with |
counties on behalf of county service areas); and
|
(v) to employ agents and employees and to delegate by |
resolution to
one or more of its Directors or officers such |
powers as it may deem proper.
|
Member municipalities, public water districts, townships, |
State universities, or counties may,
for the purposes of, and |
upon request by, the Municipal Joint Action Water
Agency, |
exercise the power of eminent domain available to them, convey |
property
so acquired to the Agency for the cost of acquisition, |
and be reimbursed for
all expenses related to this exercise of |
eminent domain power on behalf of the
Agency.
|
All property, income and receipts of or transactions by a |
Municipal Joint
Action Water Agency shall be exempt from all |
taxation, the same as if it
were the property, income or |
receipts of or transaction by the member
municipalities, public |
water districts, townships, State universities, or counties.
|
(d) A Municipal Joint Action Water Agency established |
pursuant to this
Section 3.1 shall have the power to buy water |
and to enter into contracts
with any person, corporation or |
public agency (including any member
municipality, public water |
district, township, or county) for that purpose.
Any such |
contract made by an Agency for a supply of water may contain
|
provisions whereby the Agency is obligated to pay for the |
supply of water
without setoff or counterclaim and irrespective |
of whether the supply of water
is ever furnished, made |
|
available or delivered to the Agency or whether any
project for |
the supply of water contemplated by any such contract is |
completed,
operable or operating and notwithstanding any |
suspension, interruption,
interference, reduction or |
curtailment of the supply of water from such
project. Any such |
contract may provide that if
one or more of the other |
purchasers defaults in the payment of its
obligations under |
such contract or a similar contract made with the
supplier of |
the water one or more of the remaining purchasers party to such
|
contract or such similar contract shall be required to pay for |
all or a
portion of the obligations of the defaulting |
purchasers. No such contract
may have a term in excess of 50 |
years.
|
A Municipal Joint Action Water Agency shall have the power |
to sell water
and to enter into contracts with any person, |
corporation or public agency
(including any member |
municipality, any public water district, any township, any |
State university, or
any county on behalf of a county service |
area as set forth in this Section) for
that purpose. No such |
contract may have a term in excess of 50 years. Any
such |
contract entered into to sell water to a public agency may |
provide that
the payments to be made thereunder by such public |
agency shall be made solely
from revenues to be derived by such |
public agency from the operation of its
waterworks system or |
its combined waterworks and sewerage system. Any public
agency |
so contracting to purchase water shall establish from time to |
|
time such
fees and charges for its water service or combined |
water and sewer service as
will produce revenues sufficient at |
all times to pay its obligations to the
Agency under the |
purchase contract. Any such contract so providing shall not
|
constitute indebtedness of such public agency so contracting to |
buy water
within the meaning of any statutory or constitutional |
limitation. Any such
contract of a public agency to buy water |
shall be a continuing, valid and
binding obligation of such |
public agency payable from such revenues.
|
A Municipal Joint Action Water Agency shall establish fees |
and charges
for the purchase of water from it or for the use of |
its facilities. No
prior appropriation shall be required by |
either the Municipal Joint Action
Water Agency or any public |
agency before entering into any contract authorized
by this |
paragraph (d).
|
The changes in this Section made by this amendatory Act of |
1984 are intended
to be declarative of existing law.
|
(e) 1. A Municipal Joint Action Water Agency established |
pursuant to
this Section 3.1 may, from time to time, borrow |
money and, in evidence of
its obligation to repay the |
borrowing, issue its negotiable water revenue bonds
or notes |
pursuant to this paragraph (e) for any of the following |
purposes:
for paying costs of constructing, acquiring, |
improving or extending a joint
waterworks or water supply |
system; for paying other expenses incident to or
incurred in |
connection with such construction, acquisition, improvement or
|
|
extension; for repaying advances made to or by the Agency for |
such purposes;
for paying interest on the bonds or notes until |
the estimated date of
completion of any such construction, |
acquisition, improvement or extension and
for such period after |
the estimated completion date as the Board of Directors
of the |
Agency shall determine; for paying financial, legal, |
administrative
and other expenses of the authorization, |
issuance, sale or delivery of bonds
or notes; for paying costs |
of insuring payment of the bonds or notes; for
providing or |
increasing a debt service reserve fund with respect to any or |
all
of the Agency's bonds or notes; and for paying, refunding |
or redeeming any of
the Agency's bonds or notes before, after |
or at their maturity, including
paying redemption premiums or |
interest accruing or to accrue on such bonds
or notes being |
paid or redeemed or for paying any other costs in connection
|
with any such payment or redemption.
|
2. Any bonds or notes issued pursuant to this paragraph (e) |
by a Municipal
Joint Action Water Agency shall be authorized by |
a resolution of the Board
of Directors of the Agency adopted by |
the affirmative vote of Directors
from a majority of the member |
municipalities, public water districts,
townships, State |
universities, and counties, and any additional requirements as |
may be set forth in
the agreement establishing the Agency. The |
authorizing resolution may be
effective immediately upon its |
adoption. The authorizing resolution shall
describe in a |
general way any project contemplated to be financed by the |
|
bonds
or notes, shall set forth the estimated cost of the |
project and shall determine
its period of usefulness. The |
authorizing resolution shall determine the
maturity or |
maturities of the bonds or notes, the rate or rates at which |
the
bonds or notes are to bear interest and all the other terms |
and details of the
bonds or notes. All such bonds or notes |
shall mature within the period of
estimated usefulness of the |
project with respect to which such bonds or notes
are issued, |
as determined by the Board of Directors, but in any event not |
more
than 50 years from their date of issue. The bonds and |
notes may bear interest,
payable at such times, at a rate or |
rates not exceeding the maximum rate
established in the Bond |
Authorization Act, as from time to time in effect.
Bonds or |
notes of a Municipal Joint Action Water Agency shall be sold in |
such
manner as the Board of Directors of the Agency shall |
determine, either at par
or at a premium or discount, but such |
that the effective interest cost
(excluding any redemption |
premium) to the Agency of the bonds or notes shall
not exceed a |
rate equal to the rate of interest specified in the Act |
referred
to in the preceding sentence.
|
The resolution authorizing the issuance of any bonds or |
notes pursuant
to this paragraph (e) shall constitute a |
contract with the holders of the
bonds and notes. The |
resolution may contain such covenants and restrictions
with |
respect to the purchase or sale of water by the Agency and the |
contracts
for such purchases or sales, the operation of the |
|
joint waterworks system
or water supply system, the issuance of |
additional bonds or notes by the
Agency, the security for the |
bonds and notes, and any other matters, as
may be deemed |
necessary or advisable by the Board of Directors to assure
the |
payment of the bonds or notes of the Agency.
|
3. The resolution authorizing the issuance of bonds or |
notes by a
Municipal
Joint Action Water Agency shall pledge and |
provide for the application of
revenues derived from the |
operation of the Agency's joint waterworks or
water supply |
system (including from contracts for the sale of water by the
|
Agency) and investment earnings thereon to the payment of the |
cost of operation
and maintenance of the system (including |
costs of purchasing water), to
provision of adequate |
depreciation, reserve or replacement funds with respect
to the |
system or the bonds or notes, and to the payment of principal, |
premium,
if any, and interest on the bonds or notes of the |
Agency (including amounts
for the purchase of such bonds or |
notes). The resolution shall provide
that revenues of the |
Municipal Joint Action Water Agency so derived from
the |
operation of the system, sufficient (together with other |
receipts of
the Agency which may be applied to such purposes) |
to provide for such purposes,
shall be set aside as collected |
in a separate fund or funds and used for
such purposes. The |
resolution may provide that revenues not required for
such |
purposes may be used for any proper purpose of the Agency or |
may be
returned to member municipalities.
|
|
Any notes of a Municipal Joint Action Water Agency issued |
in anticipation
of the issuance of bonds by it may, in |
addition, be secured by a pledge
of proceeds of bonds to be |
issued by the Agency, as specified in the resolution
|
authorizing the issuance of such notes.
|
4. (i) Except as provided in clauses (ii) and (iii) of this |
subparagraph 4
of this paragraph (e), all bonds and notes of |
the Municipal Joint Action
Water Agency issued pursuant to this |
paragraph (e) shall be revenue bonds or
notes. Such revenue |
bonds or notes shall have no claim for payment other than
from |
revenues of the Agency derived from the operation of its joint |
waterworks
or water supply system (including from contracts for |
the sale of water by the
Agency) and investment earnings |
thereon, from bond or note proceeds and
investment earnings |
thereon, or from such other receipts of the Agency as the
|
agreement establishing the Agency may authorize to be pledged |
to the payment of
revenue bonds or notes, all as and to the |
extent as provided in the resolution
of the Board of Directors |
authorizing the issuance of the revenue bonds or
notes. Revenue |
bonds or notes issued by a Municipal Joint Action Water Agency
|
pursuant to this paragraph (e) shall not constitute an |
indebtedness of the
Agency or of any member municipality, |
public water district, township, or
county within the meaning |
of any constitutional or statutory limitation. It
shall be |
plainly stated on each revenue bond and note that it does not
|
constitute an indebtedness of the Municipal Joint Action Water |
|
Agency or of any
member municipality, public water district, |
township, or county within the
meaning of any constitutional or |
statutory limitation.
|
(ii) If the Agreement so provides and subject to the |
referendum
provided for in clause (iii) of this subparagraph 4 |
of this paragraph
(e), the Municipal Joint Action Water Agency |
may borrow money for corporate
purposes on the credit of the |
Municipal Joint Action Water Agency, and
issue general |
obligation bonds therefor, in such amounts and form and on
such |
conditions as it shall prescribe, but shall not become indebted |
in any
manner or for any purpose in an amount including |
existing indebtedness in
the aggregate which exceeds 5.75% of |
the aggregate value of the taxable
property within the |
boundaries of the participating municipalities, public
water |
districts, townships, and county service areas within a member |
county
determined by the governing body of the county by |
resolution to be served by
the Municipal Joint Action Water |
Agency (including any territory added to the
Agency after the |
issuance of such general obligation bonds), collectively
|
defined as the "Service Area", as equalized and assessed by the |
Department of
Revenue and as most recently available at the |
time of the issue of said bonds.
Before or at the time of |
incurring any such general obligation indebtedness,
the |
Municipal Joint Action Water Agency shall provide for the
|
collection of a direct annual tax, which shall be unlimited as |
to rate or
amount, sufficient to pay the interest on such debt |
|
as it falls due and also to
pay and discharge the principal |
thereof at maturity, which shall be within 40
years after the |
date of issue thereof. Such tax shall be levied upon and
|
collected from all of the taxable property within the |
territorial boundaries of
such Service Area at the time of the |
referendum provided for in clause (iii)
and shall be levied |
upon and collected from all taxable property within the
|
boundaries of any territory subsequently added to the Service |
Area.
Dissolution of the Municipal Joint Action Water Agency |
for any reason shall not
relieve the taxable property within |
such Service Area from liability for such
tax. Liability for |
such tax for property transferred to or released from such
|
Service Area shall be determined in the same manner as for |
general obligation
bonds of such county, if in an |
unincorporated area, and of such municipality,
if within the |
boundaries thereof. The clerk or other officer of the Municipal
|
Joint Action Water Agency shall file a certified copy of the |
resolution or
ordinance by which such bonds are authorized to |
be issued and such tax is
levied with the County Clerk or |
Clerks of the county or counties containing the
Service Area, |
and such filing shall constitute, without the doing of any |
other
act, full and complete authority for such County Clerk or |
Clerks to extend such
tax for collection upon all the taxable |
property within the Service Area
subject to such tax in each |
and every year, as required, in amounts sufficient
to pay the |
principal of and interest on such bonds, as aforesaid, without |
|
limit
as to rate or amount. Such tax shall be in addition to |
and in excess of all
other taxes authorized to be levied by the |
Municipal Joint Action Water Agency
or by such county, |
municipality, township, or public water district. The
issuance |
of such general obligation bonds shall be subject to the other
|
provisions of this paragraph (e), except for the provisions of |
clause (i) of
this subparagraph 4.
|
(iii) No issue of general obligation bonds of the Municipal |
Joint Action
Water Agency (except bonds to refund an existing |
bonded indebtedness) shall
be authorized unless the Municipal |
Joint Action Water Agency certifies the
proposition of issuing |
such bonds to the proper election authorities, who
shall submit |
the proposition to the voters in the Service Area at an
|
election in accordance with the general election law, and the |
proposition
has been approved by a majority of those voting on |
the proposition.
|
The proposition shall be substantially in the following |
form:
|
-------------------------------------------------------------
|
Shall general obligation
|
bonds for the purpose of (state
|
purpose), in the sum not to
|
exceed $....(insert amount), Yes
|
be issued by the ......... ------------------------
|
(insert corporate name of the No
|
Municipal Joint Action Water
|
|
Agency)?
|
-------------------------------------------------------------
|
5. As long as any bonds or notes of a Municipal Joint |
Action Water Agency
created pursuant to this Section 3.1 are |
outstanding and unpaid, the Agency
shall not terminate or |
dissolve and, except as permitted by the resolution
or |
resolutions authorizing outstanding bonds or notes, no member
|
municipality, public water district, township, or county
may |
withdraw from the Agency. While any such bonds or notes are |
outstanding,
all contracts for the sale of water by the Agency |
to member
municipalities, public water districts, townships, |
or counties
shall be irrevocable except as permitted by the |
resolution or resolutions
authorizing such bonds or notes. The |
Agency shall establish fees and charges
for its operations |
sufficient to provide adequate revenues to meet all of
the |
requirements under its various resolutions authorizing bonds |
or notes.
|
6. A holder of any bond or note issued pursuant to this |
paragraph (e)
may, in any civil action, mandamus or other |
proceeding, enforce and compel
performance of all duties |
required to be performed by the Agency or such
counties, as |
provided in the authorizing resolution, or by any of the public
|
agencies contracting with the Agency to purchase water, |
including the
imposition of fees and charges, the collection of |
sufficient revenues and the
proper application of revenues as |
provided in this paragraph (e) and the
levying, extension and |
|
collection of such taxes.
|
7. In addition, the resolution authorizing any bonds or |
notes issued
pursuant to this paragraph (e) may provide for a |
pledge, assignment, lien or
security interest, for the benefit |
of the holders of any or all bonds or notes
of the Agency, (i) |
on any or all revenues derived from the operation of the
joint |
waterworks or water supply system (including from contracts for |
the sale
of water) and investment earnings thereon or (ii) on |
funds or accounts securing
the payment of the bonds or notes as |
provided in the authorizing resolution.
In addition, such a |
pledge, assignment, lien or security interest may be made
with |
respect to any receipts of the Agency which the agreement |
establishing the
Agency authorizes it to apply to payment of |
bonds or notes. Any such pledge,
assignment, lien or security |
interest for the benefit of holders of bonds or
notes shall be |
valid and binding from the time the bonds
or notes are issued, |
without any physical delivery or further act, and shall
be |
valid and binding as against or prior to any claims of any |
other party
having any claims of any kind against the Agency |
irrespective of whether
such other parties have notice of such |
pledge, assignment, lien or security
interest.
|
A resolution of a Municipal Joint Water Agency authorizing |
the issuance of
bonds or notes pursuant to this paragraph (e) |
may provide for the appointment
of a corporate trustee with |
respect to any or all of such bonds or notes
(which trustee may |
be any trust company or state or national bank having
the power |
|
of a trust company within Illinois). In that event, the |
resolution
shall prescribe the rights, duties and powers of the |
trustee to be exercised
for the benefit of the Agency and the |
protection of the holders of such
bonds or notes. The |
resolution may provide for the trustee to hold in trust,
invest |
and use amounts in funds and accounts created as provided in |
the
resolution. The resolution authorizing the bonds or notes |
may provide for
the assignment and direct payment to the |
trustee of amounts owed by public
agencies to the Municipal |
Joint Action Water Agency under water sales contracts
for |
application by the trustee to the purposes for which such |
revenues are
to be used as provided in this paragraph (e) and |
as provided in the authorizing
resolution. Upon receipt of |
notice of such assignment, the public agency
shall thereafter |
make the assigned payments directly to such trustee.
|
Nothing in this Section authorizes a Joint Action Water |
Agency to provide
water service directly to residents within a |
municipality or in territory
within one mile or less of the |
corporate limits of a municipality that operates
a public water |
supply unless the municipality has consented in writing to
such |
service being provided.
|
(Source: P.A. 94-1007, eff. 1-1-07.)
|
(5 ILCS 220/3.4) (from Ch. 127, par. 743.4)
|
Sec. 3.4.
(a) Any 2 or more municipalities or counties, or |
any combination
thereof, may, by intergovernmental agreement, |
|
establish a Municipal Joint
Sewage Treatment Agency to provide |
for the treatment, carrying off and
disposal of swamp, stagnant |
or overflow water, sewage, industrial wastes
and other drainage |
of member municipalities and counties. Any such Agency
shall |
itself be a municipal corporation and a public body politic and
|
corporate. |
(b) The governing body of any Municipal Joint Sewage
|
Treatment Agency shall be a Board of Directors. The composition |
and manner
of appointment of the Board of Directors shall be |
determined pursuant to
the intergovernmental agreement. |
However, for any Municipal Joint Sewage Treatment Agency |
established after the effective date of this amendatory Act of |
the 100th General Assembly, a Director sitting on the Board of |
Directors shall not be required to be an elected official of a |
member municipality or county, but may be an appointed official |
of a member municipality or county. The Board of Directors |
shall determine
the general policy of the Agency, shall approve |
the annual budget, shall
make all appropriations, shall approve |
all contracts, shall adopt all
resolutions providing for the |
issuance of bonds or notes by the Agency,
shall adopt its |
bylaws, rules and regulations, and shall have such other
powers |
and duties as may be prescribed in the intergovernmental |
agreement.
|
(c) A Municipal Joint Sewage Treatment Agency may plan, |
construct,
reconstruct, acquire, own, lease as lessor or |
lessee, equip, extend,
improve, operate, maintain, repair and |
|
finance drainage and sewage
treatment projects, and may enter |
into agreements or contracts for the
provision of drainage or |
sewage treatment services for member municipalities or |
counties.
|
(d) A Municipal Joint Sewage Treatment Agency shall have |
such powers
as shall be provided in the agreement establishing |
it, which may include,
but need not be limited to, the |
following powers:
|
(1) to sue or be sued;
|
(2) to apply for and accept gifts, grants or loans of |
funds or property,
or financial or other aid, from any |
public agency or private entity;
|
(3) to acquire, hold, sell, lease as lessor or lessee, |
transfer or
dispose of such real or personal property, or |
interests therein, as it deems
appropriate in the exercise |
of its powers, and to provide for the use thereof
by any |
member municipality or county;
|
(4) to make and execute all contracts and other |
instruments necessary
or convenient to the exercise of its |
power; and
|
(5) to make and execute any contract with the federal |
government, a
state, or a unit of local government, |
relating to drainage and the treatment of sewage.
|
(e) A Municipal Joint Sewage Treatment Agency may, from |
time to time,
borrow money, and, in evidence of its obligation |
to repay the borrowing,
issue its negotiable revenue bonds or |
|
notes for any of the following purposes:
for paying costs of |
planning, constructing, reconstructing, acquiring, leasing,
|
equipping, improving or extending a drainage and sewage |
treatment project;
for paying other expenses incident to or |
incurred in connection with such
project; for repaying advances |
made to or by the Agency for such purposes;
for paying interest |
on the bonds or notes until the estimated date of
completion of |
any such project and for such period after the estimated
|
completion date as the Board of Directors of the Agency shall |
determine;
for paying financial, legal, administrative and |
other expenses of the
authorization, issuance, sale or delivery |
of bonds or notes; for providing
or increasing a debt service |
reserve fund with respect to any or all of the
Agency's bonds |
or notes; and for paying, refunding or redeeming any of the
|
Agency's bonds or notes before, after or at their maturity, |
including
paying redemption premiums or interest accruing or to |
accrue on such bonds
or notes being paid or redeemed or for |
paying any other costs in connection
with any such payment or |
redemption.
|
The resolution authorizing the issuance of the bonds or |
notes shall pledge
and provide for the application of revenues |
derived from the operation of
the project to payment of the |
cost of operation and maintenance of the project,
to provision |
for adequate depreciation, reserve or replacement
funds with |
respect to the project, the bonds or notes, and to the payment
|
of principal, premium, if any, and interest on the bonds or |