Public Act 097-0367
 
HB1324 EnrolledLRB097 05381 RLJ 45438 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Metropolitan Water Reclamation District Act 
is amended  by changing Sections 5.2 and 9.6a as follows:
 



    (70 ILCS 2605/5.2)  (from Ch. 42, par. 324L)



    Sec. 5.2. Definitions. Where used in this law, "budget 
year" shall mean the fiscal year
for which a budget is made. 
"Current year" shall mean the fiscal year in
progress, i.e., 
the fiscal year next preceding the budget year.  "Preceding

year" shall mean the fiscal year preceding the current year.

    The "Clerk" shall mean that officer so designated as 
provided in Section 4.

    "Fund" shall mean a sum of money or other resources set 
aside for the
purpose of carrying on specific activities or 
attaining certain objectives
in accordance with special 
regulations, restrictions, or limitations. A
fund shall be a 
distinct financial or fiscal entity.

    "Accountant" shall mean a public accountant or certified 
public
accountant licensed under the laws of this State.

    "Expenditure" shall mean the amount of obligations 
incurred either
paid or to be paid from the appropriations for 
the budget year for all
purposes, including current expenses, 
retirement of debt, and capital outlays.

    "Disbursement" shall mean the actual payment in cash for 
any purpose.

    "Receipt" shall mean cash actually received and shall 
include
appropriable cash on hand at the beginning of any 
specified year.

    "Estimated receipt" shall mean cash estimated to be 
received within
the budget year and shall include the cash 
surplus estimated to be
appropriable at the beginning of the 
budget year.

    "Cash basis" shall mean that system of accounting wherein 
revenues
are accounted for when received in cash and 
expenditures are accounted
for when paid.

    "Accrual basis" shall mean that system of accounting 
wherein revenues
are accounted for when earned or due, even 
though not collected, and
expenditures are accounted for as 
soon as liabilities are incurred,
whether paid or not.

    "Function" (activity) of expenditure shall mean the 
particular
purpose or group of services aimed at accomplishing 
a certain end for
which an expenditure is made.

    "Line Item" or item shall mean a particular type of 
expenditure
within a class or related group of such 
expenditures, i. e., testing
service, hospital service, towel 
and laundry service, within the class
titled "Impersonal 
Services."

    "Object" of expenditure shall mean specific articles, or 
classes of
things for which an expenditure is made, i. e., 
personal services,
impersonal services, materials and 
supplies, machinery and equipment,
fixed charges and any such 
other classes of articles or things as may be
desirable.

    "Character" of expenditure shall refer to the relationship 
of total
expenditures to current, prior, and future fiscal 
periods, i. e.,
whether the expenditure is a current expense, 
provision for the
retirement of debt, or a capital outlay.

    "Organization units" shall be the administrative units of 
the
district, i. e., departments, major sewage treatment 
plants, and such
other operating units or groups of operating 
units as may be deemed
desirable by the authorities of the 
Sanitary District.

    The "committee on finance" shall be any
committee so 
appointed and so designated by the board of commissioners for

the purpose of considering financial matters affecting the 
district.

    "Sinking Fund Requirements" shall mean the amounts that 
will be
needed to pay interest on and principal of bonds.

    "Construction Fund" shall mean the amounts to be used for 
paying the
costs incurred for construction purposes.

    "Construction Purposes" shall mean the replacement, 
remodeling,
completion, alteration, construction, and 
enlargement, including
alterations, enlargements and 
replacements which will add appreciably to
the value, utility, 
or the useful life of sewage treatment works, administrative 
buildings, or flood
control facilities, or water quality 
improvement projects, and
additions therefor, pumping 
stations, tunnels, conduits and intercepting
sewers connecting 
therewith, and outlet sewers together with the
equipment and 
appurtenances necessary thereto, and for the acquisition
of the 
sites and rights of way necessary thereto, and for engineering

expenses for designing and supervising the construction of the 
works
above described, and for removal of the rock ledge in the 
bed of the Des
Plaines River (Illinois Waterway) through the 
City of Joliet.

    Prior to the commencing of work involved in the removal of 
the rock ledge
in the bed of the Des Plaines River formal 
approval shall be obtained for
the design and plans for 
accomplishing this work from the Corps of Engineers,
U. S. 
Army, and the State of Illinois Department of Natural 
Resources.

    The Metropolitan Sanitary District of Greater Chicago, its 
agents, successors
or assigns shall save the State of Illinois 
harmless from any and all claims
of whatever nature which may 
arise as a result of or in consequence of any
work which may be 
performed by the District.

    The rights, powers, and authorities granted in this Act 
shall be subject
to the provisions of Section 18 of the Rivers, 
Lakes, and Streams Act.

    It is the intent and purpose of this Act to provide a legal 
basis which
will authorize and require all Sanitary Districts 
organized under the
provisions hereof to make and execute the 
budgets of their Corporate Funds
and Construction Funds in such 
manner that the budgets may be planned and
balanced with 
receipts on an actual cash basis and expenditures on an
accrual 
basis, and all definitions, terms, provisions and procedures 
set
forth in this Act shall be thus construed as applied to 
corporate funds and
construction funds.

(Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07.)

 



    (70 ILCS 2605/9.6a)  (from Ch. 42, par. 328.6a)


    Sec. 9.6a. Bonds for sewage treatment and water quality 
improvements. The corporate authorities of a sanitary 
district, in
order to provide funds required for the replacing, 
remodeling,
completing, altering, constructing and enlarging 
of sewage treatment
works, administrative buildings, water 
quality improvement projects,  or flood control facilities, and 
additions therefor, pumping
stations, tunnels, conduits, 
intercepting sewers and outlet sewers,
together with the 
equipment, including air pollution equipment, and

appurtenances thereto, to acquire property, real, personal or 
mixed,
necessary for said purposes, for costs and expenses for 
the acquisition
of the sites and rights-of-way necessary 
thereto, and for engineering
expenses for designing and 
supervising the construction of such works,
may issue on or 
before December 31, 2024, in addition to all
other obligations 
heretofore or herein authorized, bonds, notes or
other 
evidences of indebtedness for such purposes in an aggregate

amount at any one time outstanding not to exceed 3.35% of the 
equalized
assessed valuation of all taxable property within the 
sanitary district,
to be ascertained by the last assessment for 
State and local taxes
previous to the issuance of any such 
obligations.  Such obligations shall be
issued without 
submitting the question of such issuance to the legal voters
of 
such sanitary district for approval.

    The corporate authorities may sell such obligations at 
private or
public sale and enter into any contract or agreement 
necessary, appropriate
or incidental to the exercise of the 
powers granted by this Act, including,
without limitation, 
contracts or agreements for the sale and purchase of
such 
obligations and the payment of costs and expenses incident 
thereto.
The corporate authorities may pay such costs and 
expenses, in whole or in
part, from the corporate fund.

    Such obligations shall be issued from time to time only in 
amounts as may
be required for such purposes but the amount of 
such obligations issued during
any one budget year shall not 
exceed $150,000,000 plus
the amount of any obligations 
authorized by this Act to be issued during the 3
budget years 
next preceding the year of issuance but which were not issued,

provided, however, that this limitation shall not be applicable 
(i) to the issuance
of obligations to refund bonds, notes or 
other evidences of indebtedness,
(ii) to obligations issued to 
provide for the repayment of money received
from the Water 
Pollution Control Revolving Fund for the construction or
repair 
of wastewater treatment works, and (iii) to obligations issued 
as part of the American Recovery and Reinvestment Act of 2009, 
issued prior to January 1, 2011, that are commonly known as 
"Build America Bonds" as authorized by Section 54AA of the 
Internal Revenue Code of 1986, as amended.  Each ordinance 
authorizing the
issuance of the obligations shall state the 
general purpose or purposes for
which they are to be issued, 
and the corporate authorities may at any time
thereafter pass 
supplemental appropriations ordinances appropriating the

proceeds from the sale of such obligations for such purposes.

    The corporate authorities may issue bonds, notes or other 
evidences of
indebtedness in an amount necessary to provide 
funds to refund outstanding
obligations issued pursuant to this 
Section, including interest accrued or
to accrue thereon.

(Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07; 
96-828, eff. 12-2-09; 96-1308, eff. 1-1-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.