(70 ILCS 605/4-27) (from Ch. 42, par. 4-27)
Sec. 4-27.
Contracts, Agreements and Cooperation.
The commissioners, subject to the approval of the
court, shall have the power and authority:
(a) To levy and collect assessments as provided in this Act, when
such assessments become necessary to avail the district of financial
assistance from any appropriation made by the Government of the United
States, the State of Illinois or any of their agencies.
(b) To negotiate for and obtain a loan from the State or Federal
Government, or any officer or agency of either, upon such terms and
conditions as the commissioners deem to be in the best interest of the
district, for the purpose of paying or redeeming outstanding bonds and
other obligations of the district, for the purpose of paying the cost or
a portion of the cost of any work or improvements beneficial to the
district, or for any other lawful purpose.
(c) To convey, by deed or mortgage, the pumping house site or other
real estate owned by the district to the State or Federal Government, or
any officer or agency of either, for the purpose of securing a loan of
funds to be used for constructing, reconstructing, enlarging or
otherwise improving the pumps, pumping station or other property of the
district, provided, however, that the title to any property so conveyed
shall be reconveyed to the district when the loan has been paid.
(d) To receive or to accept the transfer of drainage and levee
works, or either, which may have been constructed or which are proposed
to be constructed by the Federal Government or the State of Illinois or
any of their agencies, and to provide, by contract with the State or
Federal Government, or any officer or agency of either, that the
district shall furnish, without cost to such government or agency, all
lands, easements, and rights-of-way necessary for the construction of
such works, which contract may also provide that the drainage district
shall hold and save the State or Federal Government, or any officer or
agency of either, free from damages due to such construction, and that,
after completion, the district shall operate and maintain all such works
in accordance with such regulations or requirements as may be prescribed
by the State or Federal Government, or any officer or agency of either,
or by any act of Congress, or of the General Assembly of Illinois,
authorizing the construction of such works. If the works constructed or
to be constructed by either of these governments or their agencies
benefit 2 or more districts, the cost of complying with the requirements
of such governments or their agencies and the liabilities to be assumed
shall be apportioned between or among the districts benefited as
provided in Article XI.
(e) To convey, grant, transfer or sell to the State or Federal
Government, or to any agency of either, any real or personal property
owned by the district, upon such terms as may be agreed upon or as
security for a loan of money from the State or Federal Government, or
any agency of either, for the construction, extension or improvement of
any works or levees.
(f) To lease from the State or Federal Government, or any agency of
either, any real or personal property for the purposes of the district,
for any period of time not exceeding 50 years, and with or without an
option to buy such property, and with or without a clause to the effect
that title to such leased property shall vest in the district at the
expiration of the lease. Payment for such leased property shall be made
in accordance with the terms of the lease, and such lease may be entered
into without a prior appropriation or levy for expenses incurred under
it. Indebtedness under such a lease shall be considered as a current
expense and not as an indebtedness of the district.
(g) To accept any grant of money or other aid from the State or
Federal Government, or any agency of either, that may be granted or
allotted to aid in the acquisition of any rights-of-way or other
property needed by any such district, upon such terms as may be agreed.
(h) To effect settlements with the State or Federal Government, or
any agency of either, through mutual agreement, for any damages incurred
as a result of the change of water level in the district caused by flood
control, navigation, irrigation or water power projects and works
constructed by the State or Federal Government, or the agencies of
either. Funds from such a settlement shall be used by the district for
the purpose of constructing and maintaining such remedial works as may
be necessary to prevent, abate or reduce the damages resulting from the
construction and maintenance of such projects and works by such
governments or their agencies, or such funds without prior court approval,
may be invested in interest bearing obligations of the State or Federal
Government or insured deposit accounts and the interest received
thereon used to pay the increased
cost of annual maintenance, including the operation of a pumping plant
or plants, if any, or for such other purposes as the court may direct.
(i) To cooperate and enter into agreements with other districts, proper
agencies of the United States and State of Illinois, municipal corporations
and units of local government and school districts
of this State and associations and persons for the formulation of plans
and for the construction, operation and maintenance of any and all
improvements for flood control, drainage, conservation, regulation,
development, utilization and disposal of water and water resources or
other purposes of this Act. Such agreements may assign to the several
cooperating districts and agencies particular projects or portions of
projects for the purposes herein stated and may provide for joint
understandings for said purposes and for contributions between
districts, districts and agencies or any combination thereof, to execute
any work agreed upon with any other of the above mentioned agencies in
the State of Illinois to carry out the provisions of this Act. The
Districts shall have power and authority, upon order of court, to
provide for payment of funds collected for any purpose under this
subsection into a special account designated by the cooperating
districts and agencies; such funds to be expended in accordance with the
understanding and agreement among the parties for the project or work
covered by such agreement.
Whenever the commissioners of any district desire to exercise any of
the rights, incur any of the obligations or do any of the things
provided in this Section, they shall petition the court for an order
authorizing the same. A hearing shall be had on such petition as
provided in Section 4-20, and notice of such hearing shall be given in
the form, time and manner as provided by Sections 4-21 and 4-22. The
proceedings at the hearing and the findings and order to be entered by
the court shall be as provided in Sections 4-23 and 4-24, insofar as
the same are applicable.
(Source: P.A. 86-297.)
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