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Public Act 101-0485 |
HB2823 Enrolled | LRB101 10036 AWJ 55138 b |
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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 |
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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 |
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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 |
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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
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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 |
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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
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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 |
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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 |
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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
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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 |
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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 |
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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: |
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(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
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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
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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 |
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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,
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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,
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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,
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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 |
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the Authority or a Service Board from time to time of
funds for |
paying such expenses. In addition to any Working Cash Notes
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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
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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
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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
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therewith. The Authority may also utilize the proceeds of any |
such bonds or
notes to pay the legal, financial, administrative |
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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,
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(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 |
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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
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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
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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
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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 |
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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
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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.
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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
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(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
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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
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notes, such signature shall nevertheless be valid and |
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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
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Authority, as provided in this Section. Such bonds or notes
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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 |
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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
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bonds or notes of the Authority. No such bonds or notes of the |
Authority
shall constitute a debt of the State of Illinois. |
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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 |
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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 |
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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,
|
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
|
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.
|
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. |