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Public Act 101-0485 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Transit Authority Act is | ||||
amended by changing Section 12a as follows:
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(70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
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Sec. 12a.
(a) In addition to other powers provided in | ||||
Section 12b,
the Authority may issue its notes from time to | ||||
time, in anticipation of
tax receipts of the Regional | ||||
Transportation Authority allocated to the Authority
or of other | ||||
revenues or receipts of the Authority, in order to provide | ||||
money
for the Authority to cover any cash flow deficit which | ||||
the Authority anticipates
incurring. Provided, however, that | ||||
no such notes may be issued unless the
annual cost thereof is | ||||
incorporated in a budget or revised budget of the
Authority | ||||
which has been approved by the Regional Transportation | ||||
Authority.
Any such notes are referred to as "Working Cash | ||||
Notes".
Provided further that, the board shall not issue and | ||||
have outstanding or
demand and direct that the Board of the | ||||
Regional Transportation Authority
issue and have outstanding | ||||
more than an aggregate of $40,000,000 in Working Cash Notes.
No | ||||
Working Cash
Notes shall be issued for a term of longer than 18 | ||||
months. Proceeds of Working
Cash Notes may be used to pay day |
to day operating expenses of the Authority,
consisting of | ||
wages, salaries and fringe benefits, professional and | ||
technical
services (including legal, audit, engineering and | ||
other consulting services),
office rental, furniture, fixtures | ||
and equipment, insurance premiums, claims
for self-insured | ||
amounts under insurance policies, public utility obligations
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for telephone, light, heat and similar items, travel expenses,
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office supplies, postage,
dues, subscriptions, public hearings | ||
and information expenses, fuel purchases,
and payments of | ||
grants and payments under purchase of service agreements
for | ||
operations of transportation agencies, prior to the receipt by | ||
the Authority
from time to time of funds for paying such | ||
expenses. Proceeds of the Working
Cash Notes shall not be used | ||
(i) to increase or provide a debt service
reserve fund for any | ||
bonds or notes other than Working Cash Notes of the
same | ||
Series, or (ii) to pay principal of or interest or redemption | ||
premium
on any capital bonds or notes, whether as such amounts | ||
become due or by
earlier redemption, issued by the Authority or | ||
a transportation agency to
construct or acquire public | ||
transportation facilities, or to provide funds
to purchase such | ||
capital bonds or notes.
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(b) The ordinance providing for the issuance of any such | ||
notes shall fix
the date or dates of maturity, the dates on | ||
which interest is payable, any sinking fund
account or reserve | ||
fund account provisions and all other details of such
notes and | ||
may provide for such covenants or agreements necessary or |
desirable
with regard to the issue, sale and security of such | ||
notes. The Authority
shall determine and fix the rate or rates | ||
of interest of its notes issued
under this Act in an ordinance | ||
adopted by the Board prior to the issuance
thereof, none of | ||
which rates of interest shall exceed that permitted in the Bond | ||
Authorization Act.
Interest may be payable annually or | ||
semi-annually, or at such other times
as determined by the | ||
Board. Notes issued under this Section may be issued
as serial | ||
or term obligations, shall be of such denomination or | ||
denominations
and form, including interest coupons to be | ||
attached thereto, be executed
in such manner, shall be payable | ||
at such place or places and bear such date
as the Board shall | ||
fix by the ordinance authorizing such note and shall
mature at | ||
such time or times, within a period not to exceed 18 months | ||
from
the date of issue, and may be redeemable prior to maturity | ||
with or without
premium, at the option of the Board, upon such | ||
terms and conditions as the
Board shall fix by the ordinance | ||
authorizing the issuance of such notes.
The Board may provide | ||
for the registration of notes in the name of the owner
as to | ||
the principal alone or as to both principal and interest, upon | ||
such
terms and conditions as the Board may determine. The | ||
ordinance authorizing
notes may provide for the exchange of | ||
such notes which are fully registered,
as to both principal and | ||
interest, with notes which are registerable as
to principal | ||
only. All notes issued under this Section by the Board shall
be | ||
sold at a price which may be at a premium or discount but such |
that the
interest cost (excluding any redemption premium) to | ||
the Board of the proceeds
of an issue of such notes, computed | ||
to stated maturity according to standard
tables of bond values, | ||
shall not exceed that permitted in the Bond Authorization Act. | ||
Such notes
shall be sold at such time or times as the Board | ||
shall determine. The notes
may be sold either upon competitive | ||
bidding or by negotiated sale (without
any requirement of | ||
publication of intention to negotiate the sale of such
notes), | ||
as the Board shall determine by ordinance adopted with the | ||
affirmative
votes of at least 4 Directors. In case any officer | ||
whose signature appears
on any notes or coupons authorized | ||
pursuant to this Section shall cease
to be such officer before | ||
delivery of such notes, such signature shall nevertheless
be | ||
valid and sufficient for all purposes, the same as if such | ||
officer had remained
in office until such delivery. Neither the | ||
Directors of the Regional Transportation
Authority, the | ||
Directors of the Authority nor any person executing any bonds
| ||
or notes thereof shall be liable personally on any such bonds | ||
or notes or
coupons by reason of the issuance thereof.
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(c) All notes of the Authority issued pursuant to this | ||
Section shall be
general obligations of the Authority to which | ||
shall be pledged the full
faith and credit of the Authority, as | ||
provided in this Section. Such notes
shall be secured as | ||
provided in the authorizing ordinance, which may, | ||
notwithstanding
any other provision of this Act, include in | ||
addition to any other security,
a specific pledge or assignment |
of and lien on or security interest in any
or all tax receipts | ||
of the Regional Transportation Authority allocated to
the | ||
Authority and on any or all other revenues or moneys of the | ||
Authority
from whatever source which may by law
be utilized for | ||
debt service purposes and a specific pledge or assignment
of | ||
and lien on or security interest in any funds or accounts | ||
established
or provided for by the ordinance of the Board | ||
authorizing the issuance of
such notes. Any such pledge, | ||
assignment, lien or security interest for
the benefit of | ||
holders of notes of the Authority shall be valid and binding
| ||
from the time the notes are issued without any physical | ||
delivery or further
act, and shall be valid and binding as | ||
against and prior to the claims of
all other parties having | ||
claims of any kind against the
Authority or any other person | ||
irrespective of whether such other parties
have notice of such | ||
pledge, assignment, lien or security interest. The
obligations | ||
of the Authority incurred pursuant to this Section shall be
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superior to and have priority over any other obligations of the | ||
Authority
except for obligations under Section 12. The Board | ||
may provide in the ordinance
authorizing the issuance of any | ||
notes issued pursuant to this Section for
the creation of, | ||
deposits in, and regulation and disposition of sinking
fund or | ||
reserve accounts relating to such notes. The ordinance | ||
authorizing
the issuance of any notes pursuant to this Section | ||
may contain provisions
as part of the contract with the holders | ||
of the notes, for the creation
of a separate fund to provide |
for the payment of principal and interest
on such notes and for | ||
the deposit in such fund from any or all the tax receipts
of | ||
the Regional Transportation Authority allocated to the | ||
Authority and
from any or all such other moneys or revenues of | ||
the Authority from whatever
source which may by law be utilized | ||
for debt service purposes, all as provided
in such ordinance, | ||
of amounts to meet the debt service requirements on such
notes, | ||
including principal and interest, and any sinking fund or | ||
reserve
fund account requirements as may be provided by such | ||
ordinance, and all
expenses incident to or in connection with | ||
such fund and accounts or the
payment of such notes. Such | ||
ordinance may also provide limitations on the
issuance of | ||
additional notes of the Authority. No such notes of the | ||
Authority
shall constitute a debt of the State of Illinois.
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(d) The ordinance of the Board authorizing the issuance of | ||
any notes may
provide additional security for such notes by | ||
providing for appointment
of a corporate trustee (which may be | ||
any trust company or bank having the
powers of a trust company | ||
within the State) with respect to such notes.
The ordinance | ||
shall prescribe the rights, duties and powers of the trustee
to | ||
be exercised for the benefit of the Authority and the | ||
protection of the
holders of such notes. The ordinance may | ||
provide for the trustee to hold
in
trust, invest and use | ||
amounts in funds and accounts created as provided
by the | ||
ordinance with respect to the notes. The ordinance shall | ||
provide
that amounts so paid to the trustee which are not |
required to be deposited,
held or invested in funds and | ||
accounts created by the ordinance with respect
to notes or used | ||
for paying notes to be paid by the trustee to the Authority.
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(e) Any notes of the Authority issued pursuant to this | ||
Section shall constitute
a contract between the Authority and | ||
the holders from time to time of such
notes. In issuing any | ||
note, the Board may include in the ordinance authorizing
such | ||
issue a covenant as part of the contract with the holders of | ||
the notes,
that as long as such obligations are outstanding, it | ||
shall make such deposits,
as provided in paragraph (c) of this | ||
Section. A certified copy of the ordinance
authorizing the | ||
issuance of any such obligations shall be filed at or prior
to | ||
the issuance of such obligations with the Regional | ||
Transportation Authority,
Comptroller of the State of Illinois | ||
and the Illinois Department of Revenue.
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(f) The State of Illinois pledges to and agrees with the | ||
holders of the
notes of the Authority issued pursuant to this | ||
Section that the State will
not limit or alter the rights and | ||
powers vested in the Authority by this
Act or in the Regional | ||
Transportation Authority by the Regional Transportation
| ||
Authority Act so as to impair the terms of any contract made by | ||
the Authority
with such holders or in any way impair the rights | ||
and remedies of such holders
until such notes, together with | ||
interest thereon, with interest on any unpaid
installments of | ||
interest, and all costs and expenses in connection with
any | ||
action or proceedings by or on behalf of such holders, are |
fully met
and discharged. In addition, the State pledges to and | ||
agrees with the holders
of the notes of the Authority issued | ||
pursuant to this Section that the State
will not limit or alter | ||
the basis on which State funds are to be paid to
the Authority | ||
as provided in the Regional Transportation Authority Act,
or | ||
the use of such funds, so as to impair the terms of any such | ||
contract.
The Board is authorized to include these pledges and | ||
agreements of the State
in any contract with the holders of | ||
bonds or notes issued pursuant to this Section.
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(g) The Board shall not at any time issue, sell or deliver | ||
any Interim
Financing Notes pursuant to this Section which will | ||
cause it to have issued
and outstanding at any time in excess | ||
of $40,000,000
of Working Cash Notes. Notes which are being | ||
paid or retired by such issuance,
sale or delivery of notes, | ||
and notes for which sufficient funds have been
deposited with | ||
the paying agency of such notes to provide for payment of
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principal and interest thereon or to provide for the redemption | ||
thereof,
all pursuant to the ordinance authorizing the issuance | ||
of such notes, shall
not be considered to be outstanding for | ||
the purposes of this paragraph.
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(h) The Board, subject to the terms of any agreements with | ||
noteholders
as may then exist, shall have power, out of any | ||
funds available therefor,
to purchase notes of the Authority | ||
which shall thereupon be cancelled.
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(i) In addition to any other authority granted by law, the | ||
State Treasurer
may, with the approval of the Governor, invest |
or reinvest, at a price not
to exceed par, any State money in | ||
the State Treasury which is not needed
for current expenditures | ||
due or about to become due in Interim Financing Notes. In the | ||
event of a default on an interim financing note issued by the | ||
Chicago Transit Authority in which State money in the State | ||
treasury was invested, the Treasurer may, after giving notice | ||
to the Authority, certify to the Comptroller the amounts of the | ||
defaulted interim financing note, in accordance with any | ||
applicable rules of the Comptroller, and the Comptroller must | ||
deduct and remit to the State treasury the certified amounts or | ||
a portion of those amounts from the following proportions of | ||
payments of State funds to the Authority:
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(1) in the first year after default, one-third of the | ||
total amount of any payments of State funds to the | ||
Authority; | ||
(2) in the second year after default, two-thirds of the | ||
total amount of any payments of State funds to the | ||
Authority; and | ||
(3) in the third year after default and for each year | ||
thereafter until the total invested amount is repaid, the | ||
total amount of any payments of State funds to the | ||
Authority. | ||
(Source: P.A. 100-201, eff. 8-18-17.)
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Section 10. The Regional Transportation Authority Act is | ||
amended by changing Section 4.04 as follows: |
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) | ||
Sec. 4.04. Issuance and Pledge of Bonds and Notes. | ||
(a) The Authority shall have the continuing power to borrow | ||
money and to
issue its negotiable bonds or notes as provided in | ||
this Section. Unless
otherwise indicated in this Section, the | ||
term "notes" also includes bond
anticipation notes, which are | ||
notes which by their terms provide for
their payment from the | ||
proceeds of bonds thereafter to be issued. Bonds
or notes of | ||
the Authority may be issued for any or all of the following
| ||
purposes: to pay costs to the Authority or a Service Board of | ||
constructing
or acquiring any public transportation facilities | ||
(including funds and
rights relating thereto, as provided in | ||
Section 2.05 of this Act); to repay
advances to the Authority | ||
or a Service Board made for such purposes; to pay
other | ||
expenses of the Authority or a Service Board incident to or | ||
incurred
in connection with such construction or acquisition; | ||
to provide funds for
any transportation agency to pay principal
| ||
of or interest or redemption premium on any bonds or notes, | ||
whether
as such amounts become due or by earlier redemption, | ||
issued prior to the
date of this amendatory Act by such | ||
transportation agency to construct or
acquire public | ||
transportation facilities or to provide funds to purchase
such | ||
bonds or notes; and to provide funds for any transportation | ||
agency to
construct or acquire any public transportation | ||
facilities, to repay
advances made for such purposes, and to |
pay other expenses incident to
or incurred in connection with | ||
such construction or acquisition; and to
provide funds for | ||
payment of obligations, including the funding of reserves,
| ||
under any self-insurance plan or joint self-insurance pool or | ||
entity. | ||
In addition to any other borrowing as may be authorized by | ||
this Section,
the Authority may issue its notes, from time to | ||
time, in anticipation of
tax receipts of the Authority or of | ||
other
revenues or receipts of the Authority, in order to | ||
provide money for the
Authority or the Service Boards to cover | ||
any cash flow deficit which
the Authority or a Service Board | ||
anticipates incurring. Any such notes
are referred to in this | ||
Section as "Working Cash Notes". No Working
Cash Notes shall be | ||
issued for a term of longer than 24
months.
Proceeds of Working | ||
Cash Notes may be used to pay day to day operating
expenses of | ||
the Authority or the Service Boards, consisting of wages,
| ||
salaries and fringe benefits, professional and technical | ||
services
(including legal, audit, engineering and other | ||
consulting services), office
rental, furniture, fixtures and | ||
equipment, insurance premiums, claims for
self-insured amounts | ||
under insurance policies, public utility
obligations for | ||
telephone, light, heat and similar items, travel expenses,
| ||
office supplies, postage, dues, subscriptions, public hearings | ||
and information
expenses, fuel purchases, and payments of | ||
grants and payments under purchase
of service agreements for | ||
operations of transportation agencies, prior to
the receipt by |
the Authority or a Service Board from time to time of
funds for | ||
paying such expenses. In addition to any Working Cash Notes
| ||
that the Board of the Authority may determine to issue, the | ||
Suburban Bus
Board, the Commuter Rail Board or the Board of the | ||
Chicago Transit Authority
may demand and direct that the | ||
Authority issue its Working Cash Notes in
such amounts and | ||
having such maturities as the Service Board may determine. | ||
Notwithstanding any other provision of this Act, any | ||
amounts necessary to
pay principal of and interest on any
| ||
Working Cash Notes issued at the demand
and direction of a | ||
Service Board or any Working Cash Notes the proceeds of
which | ||
were used for the direct benefit of a Service Board or any | ||
other
Bonds or Notes of the Authority the proceeds of which | ||
were used for the
direct benefit of a Service Board shall | ||
constitute a reduction of the amount
of any other funds | ||
provided by the Authority to that Service
Board. The Authority | ||
shall, after deducting any costs of issuance, tender
the net | ||
proceeds of any Working Cash Notes issued at the demand and
| ||
direction of a Service Board to such Service Board as soon as | ||
may be
practicable after the proceeds are received. The | ||
Authority may also issue
notes or bonds to pay, refund or | ||
redeem any of its notes and bonds,
including to pay redemption | ||
premiums or accrued interest on such bonds or
notes being | ||
renewed, paid or refunded, and other costs in connection
| ||
therewith. The Authority may also utilize the proceeds of any | ||
such bonds or
notes to pay the legal, financial, administrative |
and other expenses of
such authorization, issuance, sale or | ||
delivery of bonds or notes or to
provide or increase a debt | ||
service reserve fund with respect to any or all
of its bonds or | ||
notes. The Authority may also issue and deliver
its bonds or | ||
notes in exchange for any public transportation facilities,
| ||
(including funds and rights relating thereto, as provided in | ||
Section
2.05 of this Act) or in exchange for outstanding bonds | ||
or notes of the
Authority, including any accrued interest or | ||
redemption premium thereon,
without advertising or submitting | ||
such notes or bonds for public bidding. | ||
(b) The ordinance providing for the issuance of any such | ||
bonds or
notes shall fix the date or dates of maturity, the | ||
dates on which
interest is payable, any sinking fund account or | ||
reserve fund account
provisions and all other details of such | ||
bonds or notes and may provide
for such covenants or agreements | ||
necessary or desirable with regard to
the issue, sale and | ||
security of such bonds or notes. The rate or rates of
interest | ||
on its bonds or notes may be fixed or variable and the | ||
Authority
shall determine or provide for the determination of | ||
the rate or
rates of interest of its bonds or notes
issued | ||
under this Act in an ordinance adopted by the Authority prior | ||
to
the issuance thereof, none of which rates of interest shall | ||
exceed
that permitted in the Bond Authorization Act. Interest | ||
may be payable at such times as are provided for
by the Board. | ||
Bonds and notes issued under this Section may
be issued as | ||
serial or term obligations, shall be of such denomination
or |
denominations and form, including interest coupons to be | ||
attached
thereto, be executed in such manner, shall be payable | ||
at such place or
places and bear such date as the Authority | ||
shall fix by the ordinance
authorizing such bond or note and | ||
shall mature at such time or times,
within a period not to | ||
exceed forty years from the date of issue, and
may be | ||
redeemable prior to maturity with or without premium, at the
| ||
option of the Authority, upon such terms and conditions as the | ||
Authority
shall fix by the ordinance authorizing the issuance | ||
of such bonds or
notes. No bond anticipation note or any | ||
renewal thereof shall mature at
any time or times exceeding 5 | ||
years from the date of the first issuance
of such note. The | ||
Authority may provide for the registration of bonds or
notes in | ||
the name of the owner as to the principal alone or as to both
| ||
principal and interest, upon such terms and conditions as the | ||
Authority
may determine. The ordinance authorizing bonds or | ||
notes may provide for
the exchange of such bonds or notes which | ||
are fully registered, as to
both principal and interest, with | ||
bonds or notes which are registerable
as to principal only. All | ||
bonds or notes issued under this Section by
the Authority other | ||
than those issued in exchange for property or for
bonds or | ||
notes of the Authority shall be sold at a price which may be at
| ||
a premium or discount but such that the interest cost | ||
(excluding any
redemption premium) to the Authority of the | ||
proceeds of an issue of such
bonds or notes, computed to stated | ||
maturity according to standard tables
of bond values, shall not |
exceed that permitted in the Bond Authorization
Act. The | ||
Authority shall notify
the
Governor's Office of Management and | ||
Budget and the State Comptroller at least 30 days
before any | ||
bond sale and shall file with the
Governor's Office of | ||
Management and Budget and the
State Comptroller a certified | ||
copy of any ordinance authorizing the issuance
of bonds at or | ||
before the issuance of the bonds.
After December 31, 1994, any | ||
such bonds or notes shall be sold
to the highest and best | ||
bidder on sealed bids as the Authority shall deem.
As such | ||
bonds or notes are to be sold the Authority shall advertise for
| ||
proposals to purchase the bonds or notes which advertisement | ||
shall be published
at least once in a daily newspaper of | ||
general circulation published in the
metropolitan region at | ||
least 10 days before the time set for the submission
of bids. | ||
The Authority shall have the right to reject any or all bids.
| ||
Notwithstanding any other provisions of this Section, Working | ||
Cash Notes or
bonds or notes to provide funds for | ||
self-insurance or a joint self-insurance
pool or entity may be | ||
sold either upon competitive bidding or by negotiated
sale
| ||
(without any requirement of publication of intention to | ||
negotiate the sale
of such Notes), as the Board shall determine | ||
by ordinance adopted with the
affirmative votes of at least 9
| ||
Directors. In case any officer whose signature
appears on any | ||
bonds, notes or coupons authorized pursuant to this
Section | ||
shall cease to be such officer before delivery of such bonds or
| ||
notes, such signature shall nevertheless be valid and |
sufficient for all
purposes, the same as if such officer had | ||
remained in office until such
delivery. Neither the Directors | ||
of the Authority nor any person
executing any bonds or notes | ||
thereof shall be liable personally on any
such bonds or notes | ||
or coupons by reason of the issuance thereof. | ||
(c) All bonds or notes of the Authority issued pursuant to | ||
this Section
shall be general obligations
of the Authority to | ||
which shall be pledged the full faith and credit of the
| ||
Authority, as provided in this Section. Such bonds or notes
| ||
shall be secured
as provided in the authorizing ordinance, | ||
which may, notwithstanding any other
provision of this Act, | ||
include in addition to any other security, a specific
pledge or | ||
assignment of and lien on or security interest in any or all | ||
tax
receipts of the Authority and on any or all other revenues | ||
or moneys of the
Authority from whatever source, which may by | ||
law be utilized for debt
service purposes and a specific pledge | ||
or assignment of and lien on or security
interest in any funds | ||
or accounts established or provided for by the ordinance
of the | ||
Authority authorizing the issuance of such bonds or notes. Any | ||
such
pledge, assignment, lien or security interest for the | ||
benefit of holders of
bonds or notes of the Authority 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 and prior to the claims of all
other | ||
parties having claims of any kind against the Authority or any | ||
other
person irrespective of whether such other parties have |
notice of such pledge,
assignment, lien or security interest. | ||
The obligations of the Authority
incurred pursuant to this | ||
Section shall be superior to and have priority over
any other | ||
obligations of the Authority. | ||
The Authority may provide in the
ordinance authorizing the | ||
issuance of any bonds or notes issued pursuant to
this Section | ||
for the creation of, deposits in, and regulation and | ||
disposition
of sinking fund or reserve accounts relating to | ||
such bonds or notes. The
ordinance authorizing the issuance of | ||
any bonds or notes pursuant to this
Section may contain | ||
provisions as part of the contract with the holders
of the | ||
bonds or notes, for the creation of a separate fund to provide
| ||
for the payment of principal and interest on such bonds or | ||
notes
and for the deposit in such fund from any or all the tax | ||
receipts of the
Authority and from any or all such other moneys | ||
or revenues of the
Authority from whatever source which may by | ||
law be utilized for debt
service purposes, all as provided in | ||
such ordinance, of amounts to meet
the debt service | ||
requirements on such bonds or notes, including
principal and | ||
interest, and any sinking fund or reserve fund account
| ||
requirements as may be provided by such ordinance, and all | ||
expenses
incident to or in connection with such fund and | ||
accounts or the payment
of such bonds or notes.
Such ordinance | ||
may also provide limitations on the issuance of additional
| ||
bonds or notes of the Authority. No such bonds or notes of the | ||
Authority
shall constitute a debt of the State of Illinois. |
Nothing in this Act shall
be construed to enable the Authority | ||
to impose any ad valorem tax on property. | ||
(d) The ordinance of the Authority authorizing the issuance | ||
of any bonds
or notes may provide additional security for such | ||
bonds or notes by providing
for appointment of a corporate | ||
trustee (which may be any trust company or
bank having the | ||
powers of a trust company within the state) with respect
to | ||
such bonds or notes. The ordinance shall prescribe the rights, | ||
duties
and powers of the trustee to be exercised for the | ||
benefit of the Authority
and the protection of the holders of | ||
such bonds or notes. The ordinance
may provide for the trustee | ||
to hold in trust, invest and use amounts in
funds and accounts | ||
created as provided by the ordinance with respect to
the bonds | ||
or notes. The ordinance may provide for the assignment and | ||
direct
payment to the trustee of any or all amounts produced | ||
from the sources
provided in Section 4.03 and Section 4.09 of | ||
this Act and provided in Section 6z-17 of "An Act
in relation | ||
to State finance", approved June 10, 1919, as amended.
Upon | ||
receipt of notice of any such assignment, the Department of | ||
Revenue and
the Comptroller of the State of Illinois shall | ||
thereafter, notwithstanding the
provisions of Section 4.03 and | ||
Section 4.09 of this Act and Section 6z-17 of "An Act in | ||
relation
to State finance", approved June 10, 1919, as amended, | ||
provide for such
assigned amounts to be paid directly to the | ||
trustee instead of the Authority,
all in accordance with the | ||
terms of the ordinance making the assignment. The
ordinance |
shall provide that
amounts so paid to the trustee which are not | ||
required to be deposited, held
or invested in funds and | ||
accounts created by the ordinance with respect
to bonds or | ||
notes or used for paying bonds or notes to be paid by the | ||
trustee
to the Authority. | ||
(e) Any bonds or notes of the Authority issued pursuant to | ||
this
Section shall constitute a contract between the Authority | ||
and the
holders from time to time of such bonds or notes. In | ||
issuing any bond or
note, the Authority may include in the | ||
ordinance authorizing such issue
a covenant as part of the | ||
contract with the holders of the bonds or
notes, that as long | ||
as such obligations are outstanding, it shall make
such | ||
deposits, as provided in paragraph (c) of this Section. It may | ||
also
so covenant that it shall impose and continue to impose | ||
taxes, as
provided in Section 4.03 of this Act and in addition | ||
thereto as
subsequently authorized by law, sufficient to make | ||
such deposits and pay
the principal and interest and to meet | ||
other debt service requirements
of such bonds or notes as they | ||
become due. A certified copy of the
ordinance authorizing the | ||
issuance of any such obligations shall be
filed at or prior to | ||
the issuance of such obligations with the Comptroller
of the | ||
State of Illinois and the Illinois Department of Revenue. | ||
(f) The State of Illinois pledges to and agrees with the | ||
holders of
the bonds and notes of the Authority issued pursuant | ||
to this Section
that the State will not limit or alter the | ||
rights and powers vested in
the Authority by this Act so as to |
impair the terms of any contract made
by the Authority with | ||
such holders or in any way impair the rights and
remedies of | ||
such holders until such bonds and notes, together with
interest | ||
thereon, with interest on any unpaid installments of interest,
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and all costs and expenses in connection with any action or | ||
proceedings
by or on behalf of such holders, are fully met and | ||
discharged. In
addition, the State pledges to and agrees with | ||
the holders of the bonds
and notes of the Authority issued | ||
pursuant to this Section that the
State will not limit or alter | ||
the basis on which State funds are to be
paid to the Authority | ||
as provided in this Act, or the use of such funds,
so as to | ||
impair the terms of any such contract. The Authority is
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authorized to include these pledges and agreements of the State | ||
in any
contract with the holders of bonds or notes issued | ||
pursuant to this
Section. | ||
(g)(1) Except as provided in subdivisions (g)(2) and (g)(3) | ||
of Section
4.04 of this Act, the Authority shall not at any | ||
time issue, sell or deliver
any bonds or notes (other than | ||
Working Cash Notes and lines of credit ) pursuant to this | ||
Section
4.04 which will cause
it to have issued and outstanding | ||
at any time in excess of $800,000,000 of such
bonds and notes | ||
(other than Working Cash Notes and lines of credit ).
The | ||
Authority shall not issue, sell, or deliver any Working Cash | ||
Notes or establish a line of credit pursuant to this Section | ||
that will cause it to have issued and outstanding at any time | ||
in excess of $100,000,000. However, the Authority may issue, |
sell, and deliver additional Working Cash Notes or establish a | ||
line of credit before July 1, 2022 2018 that are over and above | ||
and in addition to the $100,000,000 authorization such that the | ||
outstanding amount of these additional Working Cash Notes and | ||
lines of credit do does not exceed at any time $300,000,000.
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Bonds or notes which are being paid or retired by
such | ||
issuance, sale or delivery of bonds or notes, and bonds or | ||
notes for
which sufficient funds have been deposited with the | ||
paying agency of
such bonds or notes to provide for payment of | ||
principal and interest
thereon or to provide for the redemption | ||
thereof, all pursuant to the
ordinance authorizing the issuance | ||
of such bonds or notes, shall not be
considered to be | ||
outstanding for the purposes of this subsection. | ||
(2) In addition to the authority provided by paragraphs
(1) | ||
and (3), the Authority is authorized to issue, sell and deliver | ||
bonds
or notes for Strategic Capital Improvement Projects | ||
approved pursuant to
Section 4.13 as follows: | ||
$100,000,000 is authorized to be issued on or after | ||
January 1, 1990; | ||
an additional $100,000,000 is authorized to be issued | ||
on or after
January 1, 1991; | ||
an additional $100,000,000 is authorized to be issued | ||
on or after
January 1, 1992; | ||
an additional $100,000,000 is authorized to be issued | ||
on or after
January 1, 1993; | ||
an additional $100,000,000 is authorized to be issued |
on or after
January 1, 1994; and | ||
the aggregate total authorization of bonds and notes | ||
for Strategic
Capital Improvement Projects as of January 1, | ||
1994, shall be $500,000,000. | ||
The Authority is also authorized to issue, sell, and | ||
deliver bonds or
notes in such amounts as are necessary to | ||
provide for the refunding or advance
refunding of bonds or | ||
notes issued for Strategic Capital Improvement Projects
under | ||
this subdivision (g)(2), provided that no such refunding bond | ||
or note
shall mature later than the final maturity date of the | ||
series of bonds or notes
being refunded, and provided further | ||
that the debt service requirements for
such refunding bonds or | ||
notes in the current or any future fiscal year shall
not exceed | ||
the debt service requirements for that year on the refunded | ||
bonds
or notes. | ||
(3) In addition to the authority provided by paragraphs (1) | ||
and (2),
the Authority is authorized to issue, sell, and | ||
deliver bonds or notes for
Strategic Capital Improvement | ||
Projects approved pursuant to Section 4.13 as
follows: | ||
$260,000,000 is authorized to be issued on or after | ||
January 1, 2000; | ||
an additional $260,000,000 is authorized to be issued | ||
on or after
January 1, 2001; | ||
an additional $260,000,000 is authorized to be issued | ||
on or after
January 1, 2002; | ||
an additional $260,000,000 is authorized to be issued |
on or after
January 1, 2003; | ||
an additional $260,000,000 is authorized to be issued | ||
on or after
January 1, 2004; and | ||
the aggregate total authorization of bonds and notes | ||
for Strategic
Capital Improvement Projects pursuant to | ||
this paragraph (3) as of
January 1, 2004 shall be | ||
$1,300,000,000. | ||
The Authority is also authorized to issue, sell, and | ||
deliver bonds or notes
in such amounts as are necessary to | ||
provide for the refunding or advance
refunding of bonds or | ||
notes issued for Strategic Capital Improvement projects
under | ||
this subdivision (g)(3), provided that no such refunding bond | ||
or note
shall mature later than the final maturity date of the | ||
series of bonds or notes
being refunded, and provided further | ||
that the debt service requirements for
such refunding bonds or | ||
notes in the current or any future fiscal year shall
not exceed | ||
the debt service requirements for that year on the refunded | ||
bonds or
notes. | ||
(h) The Authority, subject to the terms of any agreements | ||
with noteholders
or bond holders as may then exist, shall have | ||
power, out of any funds
available therefor, to purchase notes | ||
or bonds of the Authority, which
shall thereupon be cancelled. | ||
(i) In addition to any other authority granted by law, the | ||
State Treasurer
may, with the approval of the Governor, invest | ||
or reinvest, at a price not
to exceed par, any State money in | ||
the State Treasury which is not needed
for current expenditures |
due or about to become due in Working Cash Notes. In the event | ||
of a default on a Working Cash Note issued by the Regional | ||
Transportation Authority in which State money in the State | ||
treasury was invested, the Treasurer may, after giving notice | ||
to the Authority, certify to the Comptroller the amounts of the | ||
defaulted Working Cash Note, in accordance with any applicable | ||
rules of the Comptroller, and the Comptroller must deduct and | ||
remit to the State treasury the certified amounts or a portion | ||
of those amounts from the following proportions of payments of | ||
State funds to the Authority: | ||
(1) in the first year after default, one-third of the | ||
total amount of any payments of State funds to the | ||
Authority; | ||
(2) in the second year after default, two-thirds of the | ||
total amount of any payments of State funds to the | ||
Authority; and | ||
(3) in the third year after default and for each year | ||
thereafter until the total invested amount is repaid, the | ||
total amount of any payments of State funds to the | ||
Authority. | ||
(j) The Authority may establish a line of credit with a | ||
bank or other financial institution as may be evidenced by the | ||
issuance of notes or other obligations, secured by and payable | ||
from all tax receipts of the Authority and any or all other | ||
revenues or moneys of the Authority, in an amount not to exceed | ||
the limitations set forth in paragraph (1) of subsection (g). |
Money borrowed under this subsection (j) shall be used to | ||
provide money for the Authority or the Service Boards to cover | ||
any cash flow deficit that the Authority or a Service Board | ||
anticipates incurring and shall be repaid within 24 months. | ||
Before establishing a line of credit under this subsection | ||
(j), the Authority shall authorize the line of credit by | ||
ordinance. The ordinance shall set forth facts demonstrating | ||
the need for the line of credit, state the amount to be | ||
borrowed, establish a maximum interest rate limit not to exceed | ||
the maximum rate authorized by the Bond Authorization Act, and | ||
provide a date by which the borrowed funds shall be repaid. The | ||
ordinance shall authorize and direct the relevant officials to | ||
make arrangements to set apart and hold, as applicable, the | ||
moneys that will be used to repay the borrowing. In addition, | ||
the ordinance may authorize the relevant officials to make | ||
partial repayments on the line of credit as the moneys become | ||
available and may contain any other terms, restrictions, or | ||
limitations desirable or necessary to give effect to this | ||
subsection (j). | ||
The Authority shall notify the Governor's Office of | ||
Management and Budget and the State Comptroller at least 30 | ||
days before establishing a line of credit and shall file with | ||
the Governor's Office of Management and Budget and the State | ||
Comptroller a certified copy of any ordinance authorizing the | ||
establishment of a line of credit upon or before establishing | ||
the line of credit. |
Moneys borrowed under a line of credit pursuant to this | ||
subsection (j) are general obligations of the Authority that | ||
are secured by the full faith and credit of the Authority. | ||
(Source: P.A. 98-392, eff. 8-16-13; 99-238, eff. 8-3-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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