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90_HB2822
5 ILCS 70/8 from Ch. 1, par. 1107
70 ILCS 2605/8 from Ch. 42, par. 327
70 ILCS 2605/9.6c new
70 ILCS 2605/9.8 from Ch. 42, par. 328.8
Amends the Metropolitan Water Reclamation District Act.
Authorizes the District to create a Local Government
Assistance Program for the purpose of making loans to units
of local government to finance improvements to local sewerage
systems. Authorizes the District to issue bonds to finance
the program. Provides that the bonds may be payable from any
available revenues of the District, including loan
repayments. Deletes certain provisions relating to the Local
Improvement Revolving Loan Fund and the sale of surplus real
estate. Also makes a technical correction to the list of
bonds that may be issued by the District without referendum,
adding a cross reference to the Section under which
construction working cash fund bonds may be issued. Amends
the Statute on Statutes to define the Section authorizing the
new bonds as one of the Omnibus Bond Acts. Effective
immediately.
LRB9011170EGfg
LRB9011170EGfg
1 AN ACT to amend certain Acts in relation to the
2 Metropolitan Water Reclamation District.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Statute on Statutes is amended by
6 changing Section 8 as follows:
7 (5 ILCS 70/8) (from Ch. 1, par. 1107)
8 Sec. 8. Omnibus Bond Acts.
9 (a) A citation to the Omnibus Bond Acts is a citation to
10 all of the following Acts, collectively, as amended from time
11 to time: the Bond Authorization Act, the Registered Bond
12 Act, the Municipal Bond Reform Act, the Local Government Debt
13 Reform Act, subsection (a) of Section 1-7 of the Property Tax
14 Extension Limitation Act, subsection (a) of Section 18-190 of
15 the Property Tax Code, Section 9.6c of the Metropolitan Water
16 Reclamation District Act, the Uniform Facsimile Signature of
17 Public Officials Act, the Local Government Bond Validity Act,
18 the Illinois Development Finance Authority Act, the Public
19 Funds Investment Act, the Local Government Credit Enhancement
20 Act, the Local Government Defeasance of Debt Law, the
21 Intergovernmental Cooperation Act, the Local Government
22 Financial Planning and Supervision Act, the Special
23 Assessment Supplemental Bond and Procedure Act, and any
24 similar Act granting additional omnibus bond powers to
25 governmental entities generally, whether enacted before, on,
26 or after the effective date of this amendatory Act of 1989.
27 (b) The General Assembly recognizes that the
28 proliferation of governmental entities has resulted in the
29 enactment of hundreds of statutory provisions relating to the
30 borrowing and other powers of governmental entities. The
31 General Assembly addresses and has addressed problems common
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1 to all such governmental entities so that they have equal
2 access to the municipal bond market. It has been, and will
3 continue to be, the intention of the General Assembly to
4 enact legislation applicable to governmental entities in an
5 omnibus fashion, as has been done in the provisions of the
6 Omnibus Bond Acts.
7 (c) It is and always has been the intention of the
8 General Assembly that the Omnibus Bond Acts are and always
9 have been supplementary grants of power, cumulative in nature
10 and in addition to any power or authority granted in any
11 other laws of the State. The Omnibus Bond Acts are
12 supplementary grants of power when applied in connection with
13 any similar grant of power or limitation contained in any
14 other law of the State, whether or not the other law is
15 enacted or amended after an Omnibus Bond Act or appears to be
16 more restrictive than an Omnibus Bond Act, unless the General
17 Assembly expressly declares in such other law that a
18 specifically named Omnibus Bond Act does not apply.
19 (d) All instruments providing for the payment of money
20 executed by or on behalf of any governmental entity organized
21 by or under the laws of this State, including without
22 limitation the State, to carry out a public governmental or
23 proprietary function, acting through its corporate
24 authorities, or which any governmental entity has assumed or
25 agreed to pay, which were:
26 (1) issued or authorized to be issued by
27 proceedings adopted by such corporate authorities before
28 the effective date of this amendatory Act of 1989;
29 (2) issued or authorized to be issued in accordance
30 with the procedures set forth in or pursuant to any
31 authorization contained in any of the Omnibus Bond Acts;
32 and
33 (3) issued or authorized to be issued for any
34 purpose authorized by the laws of this State, are valid
-3- LRB9011170EGfg
1 and legally binding obligations of the governmental
2 entity issuing such instruments, payable in accordance
3 with their terms.
4 (Source: P.A. 90-480, eff. 8-17-97.)
5 Section 10. The Metropolitan Water Reclamation District
6 Act is amended by changing Sections 8 and 9.8 and adding
7 Section 9.6c as follows:
8 (70 ILCS 2605/8) (from Ch. 42, par. 327)
9 (Text of Section before amendment by P.A. 90-568)
10 Sec. 8. Except as otherwise in this Act provided, the
11 sanitary district may acquire by lease, purchase or otherwise
12 within or without its corporate limits, or by condemnation
13 within its corporate limits, any and all real and personal
14 property, right of way and privilege that may be required for
15 its corporate purposes. All moneys for the purchase and
16 condemnation of any property must be paid before possession
17 is taken, or any work done on the premises. In case of an
18 appeal from the Court in which the condemnation proceedings
19 are pending, taken by either party, whereby the amount of
20 damages is not finally determined, the amount of the judgment
21 in the court shall be deposited with the county treasurer of
22 the county in which the judgment is rendered, subject to the
23 payment of damages on orders signed by the judge whenever the
24 amount of damages is finally determined.
25 Upon recommendation of the general superintendent and
26 upon the approval of the board of trustees when any real or
27 personal property, right of way or privilege or any interest
28 therein, or any part thereof of such sanitary district is no
29 longer required for the corporate purposes of the sanitary
30 district it may be sold, vacated or released. Such sales,
31 vacations, or releases may be made subject to such conditions
32 and the retention of such interest therein as may be deemed
-4- LRB9011170EGfg
1 for the best interest of such sanitary district as
2 recommended by the general superintendent and approved by the
3 board of trustees.
4 However, the sanitary district may enter into a lease of
5 a building or a part thereof, or acquire title to a building
6 already constructed or to be constructed, for the purpose of
7 securing office space for its administrative corporate
8 functions, the period of such lease not to exceed 15 years
9 except as authorized by the provisions of Section 8b of this
10 Act. In the event of the purchase of such property for
11 administrative corporate functions, the sanitary district may
12 execute a mortgage or other documents of indebtedness as may
13 be required for the unpaid balance, to be paid in not more
14 than 15 annual installments. Annual installments on the
15 mortgage or annual payment on the lease shall be considered a
16 current corporate expense of the year in which they are to be
17 paid, and the amount of such annual installment or payment
18 shall be included in the Annual Appropriation and Corporate
19 Tax Levy Ordinances. Such expense may be incurred,
20 notwithstanding the provisions, if any applicable, contained
21 in any other Sections of this Act.
22 The sanitary district may dedicate to the public for
23 highway purposes any of its real property and the dedications
24 may be made subject to such conditions and the retention of
25 such interests therein as considered in the best interests of
26 the sanitary district by the board of trustees upon
27 recommendation of the general superintendent.
28 The sanitary district may lease to others for any period
29 of time, not to exceed 99 years, upon the terms as its board
30 of trustees upon recommendation of the general superintendent
31 may determine, any such real property, right-of-way or
32 privilege, or any interest therein or any part thereof, which
33 is in the opinion of the board of trustees and general
34 superintendent of the sanitary district no longer required
-5- LRB9011170EGfg
1 for its corporate purposes or which may not be immediately
2 needed for such purposes. The leases may contain such
3 conditions and retain such interests therein as considered in
4 the best interests of the sanitary district by the board of
5 trustees upon recommendation of the general superintendent.
6 Negotiations and execution of such leases and preparatory
7 activities in connection therewith must comply with Section
8 8c of this Act. The sanitary district may grant easements and
9 permits for the use of any such real property, right-of-way,
10 or privilege, which will not in the opinion of the board of
11 trustees and general superintendent of the sanitary district
12 interfere with the use thereof by the sanitary district for
13 its corporate purposes. Such easements and permits may
14 contain such conditions and retain such interests therein as
15 considered in the best interests of the sanitary district by
16 the board of trustees upon recommendation of the general
17 superintendent.
18 No sales, vacations, dedications for highway purposes, or
19 leases for periods in excess of 5 years, of the following
20 described real estate, may be made or granted by the sanitary
21 district without the approval in writing of the Director of
22 Natural Resources of the State of Illinois:
23 All the right-of-way of the Calumet-Sag Channel of the
24 sanitary district extending from the Little Calumet River
25 near Blue Island, Illinois, to the right-of-way of the main
26 channel of the sanitary district near Sag, Illinois.
27 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
28 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
29 lying northeasterly of a tract of land leased to the Corn
30 Products Manufacturing Company from January 1, 1908, to
31 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
32 of and adjoining the above mentioned leased tract measured
33 parallel with the main channel of the sanitary district; Lots
34 166, 168, 207, 208, and part of Lot 211 lying northeasterly
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1 of a line 1500 feet southwesterly of the center line of
2 Stephen Street, Lemont, Illinois, and parallel with said
3 street measured parallel with said main channel; and Lot 212
4 of the Sanitary District Trustees Subdivision of right-of-way
5 from the north and south center line of Section 30, Township
6 39 North, Range 14 East of the Third Principal Meridian, to
7 Will County line.
8 That part of the right-of-way of the main channel of the
9 sanitary district in Section 14, Township 37 North, Range 11
10 East of the Third Principal Meridian, lying southerly of said
11 main channel, northerly of the Northerly Reserve Line of the
12 Illinois and Michigan Canal, and westerly of the Center line
13 of the old channel of the Des Plaines River.
14 That part of said main channel right-of-way in Section
15 35, Township 37 North, Range 10 East of the Third Principal
16 Meridian, lying east of said main channel and south of a line
17 1,319.1 feet north of and parallel with the south line of
18 said Section 35.
19 That part of said main channel right-of-way in the
20 northeast quarter of the northwest quarter of Section 2,
21 Township 36 North, Range 10 East of the Third Principal
22 Meridian, lying east of said main channel.
23 That part of said main channel right-of-way lying south
24 of Ninth Street in Lockport, Illinois.
25 The sanitary district may sell real estate that (i) is
26 not necessary for the functions of the district and (ii) has
27 been declared surplus by the district's governing body. The
28 proceeds from the sale of the surplus real estate may be
29 deposited into a revolving fund that shall be known as the
30 Local Improvement Revolving Loan Fund. The sanitary district
31 shall establish a Local Improvement Loan Program to make
32 loans from the Local Improvement Revolving Loan Fund to
33 municipalities to rehabilitate the local sewerage systems
34 within their boundaries. The sanitary district shall
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1 establish reasonable rules to administer the program,
2 including without limitation criteria for the eligibility for
3 a loan and the interest rate. The interest rate established
4 by the district must be lower than the market rate.
5 Notwithstanding any other law, if any surplus real estate is
6 located in an unincorporated territory and if that real
7 estate is contiguous to only one municipality, 60 days before
8 the sale of that real estate, the sanitary district shall
9 notify in writing the contiguous municipality of the proposed
10 sale. Prior to the sale of the real estate, the municipality
11 shall notify in writing the sanitary district that the
12 municipality will or will not annex the surplus real estate.
13 If the contiguous municipality will annex such surplus real
14 estate, then coincident with the completion of the sale of
15 that real estate by the sanitary district, that real estate
16 shall be automatically annexed to the contiguous
17 municipality.
18 All sales of real estate by the such sanitary district
19 must be for cash, to the highest bidder upon open competitive
20 bids, and the proceeds of the sales, except the proceeds from
21 the sale of surplus real estate, may be used only for the
22 construction and equipment of sewage disposal plants, pumping
23 stations and intercepting sewers and appurtenances thereto,
24 and the acquisition of sites and easements therefor, and the
25 financing of the Local Government Assistance Program
26 established under Section 9.6c.
27 However, the sanitary district may:
28 (a) Remise, release, quit claim and convey, without the
29 approval of the Department of Natural Resources of the State
30 of Illinois acting by and through its Director, to the United
31 States of America without any consideration to be paid
32 therefor, in aid of the widening of the Calumet-Sag Channel
33 of the sanitary district by the United States of America, all
34 those certain lands, tenements and hereditaments of every
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1 kind and nature of that portion of the established
2 right-of-way of the Calumet-Sag Channel lying east of the
3 east line of Ashland Avenue, in Blue Island, Illinois, and
4 south of the center line of the channel except such portion
5 thereof as is needed for the operation and maintenance of and
6 access to the controlling works lock of the sanitary
7 district;
8 (b) Without the approval of the Department of Natural
9 Resources of the State of Illinois acting by and through its
10 Director, give and grant to the United States of America
11 without any consideration to be paid therefor the right,
12 privilege and authority to widen the Calumet-Sag Channel and
13 for that purpose to enter upon and use in the work of such
14 widening and for the disposal of spoil therefrom all that
15 part of the right-of-way of the Calumet-Sag Channel owned by
16 the sanitary district lying south of the center line of the
17 Calumet-Sag Channel from its connection with the main channel
18 of the sanitary district to the east line of Ashland Avenue
19 in Blue Island, Illinois;
20 (c) Make alterations to any structure made necessary by
21 such widening and to construct, reconstruct or otherwise
22 alter the existing highway bridges of the sanitary district
23 across the Calumet-Sag Channel;
24 (d) Give and grant to the United States of America
25 without any consideration to be paid therefor the right to
26 maintain the widened Calumet-Sag Channel without the
27 occupation or use of or jurisdiction over any property of the
28 sanitary district adjoining and adjacent to such widened
29 channel;
30 (e) Acquire by lease, purchase, condemnation or
31 otherwise, whatever land, easements or rights of way, not
32 presently owned by it, that may be required by the United
33 States of America in constructing the Calumet-Sag Navigation
34 Project, as approved in Public Law 525, 79th Congress, Second
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1 Session as described in House Document No. 677 for widening
2 and dredging the Calumet-Sag Channel, in improving the Little
3 Calumet River between the eastern end of the Sag Channel and
4 Turning Basin No. 5, and in improving the Calumet River
5 between Calumet Harbor and Lake Calumet;
6 (f) Furnish free of cost to the United States all lands,
7 easements, rights-of-way and soil disposal areas necessary
8 for the new work and for subsequent maintenance by the United
9 States;
10 (g) Provide for the necessary relocations of all
11 utilities.
12 Whatever land acquired by the sanitary district may
13 thereafter be determined by the Board of Trustees upon
14 recommendation of the general superintendent as not being
15 needed by the United States for the purposes of constructing
16 and maintaining the Calumet-Sag Navigation Project as above
17 described, shall be retained by the sanitary district for its
18 corporate purposes, or be sold, with all convenient speed,
19 vacated or released (but not leased) as its Board of Trustees
20 upon recommendation of the general superintendent may
21 determine: All sales of such real estate must be for cash, to
22 the highest bidder upon open, competitive bids, and the
23 proceeds of the sales may be used only for the purpose of
24 paying principal and interest upon the bonds authorized by
25 this Act, and if no bonds are then outstanding, for the
26 purpose of paying principal and interest upon any general
27 obligation bonds of the sanitary district, and for corporate
28 purposes of the sanitary district. When the proceeds are
29 used to pay bonds and interest, proper abatement shall be
30 made in the taxes next extended for such bonds and interest.
31 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
32 (Text of Section after amendment by P.A. 90-568)
33 Sec. 8. Except as otherwise in this Act provided, the
34 sanitary district may acquire by lease, purchase or otherwise
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1 within or without its corporate limits, or by condemnation
2 within its corporate limits, any and all real and personal
3 property, right of way and privilege that may be required for
4 its corporate purposes. All moneys for the purchase and
5 condemnation of any property must be paid before possession
6 is taken, or any work done on the premises. In case of an
7 appeal from the Court in which the condemnation proceedings
8 are pending, taken by either party, whereby the amount of
9 damages is not finally determined, the amount of the judgment
10 in the court shall be deposited with the county treasurer of
11 the county in which the judgment is rendered, subject to the
12 payment of damages on orders signed by the judge whenever the
13 amount of damages is finally determined.
14 Upon recommendation of the general superintendent and
15 upon the approval of the board of trustees when any real or
16 personal property, right of way or privilege or any interest
17 therein, or any part thereof of such sanitary district is no
18 longer required for the corporate purposes of the sanitary
19 district it may be sold, vacated or released. Such sales,
20 vacations, or releases may be made subject to such conditions
21 and the retention of such interest therein as may be deemed
22 for the best interest of such sanitary district as
23 recommended by the general superintendent and approved by the
24 board of trustees.
25 However, the sanitary district may enter into a lease of
26 a building or a part thereof, or acquire title to a building
27 already constructed or to be constructed, for the purpose of
28 securing office space for its administrative corporate
29 functions, the period of such lease not to exceed 15 years
30 except as authorized by the provisions of Section 8b of this
31 Act. In the event of the purchase of such property for
32 administrative corporate functions, the sanitary district may
33 execute a mortgage or other documents of indebtedness as may
34 be required for the unpaid balance, to be paid in not more
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1 than 15 annual installments. Annual installments on the
2 mortgage or annual payment on the lease shall be considered a
3 current corporate expense of the year in which they are to be
4 paid, and the amount of such annual installment or payment
5 shall be included in the Annual Appropriation and Corporate
6 Tax Levy Ordinances. Such expense may be incurred,
7 notwithstanding the provisions, if any applicable, contained
8 in any other Sections of this Act.
9 The sanitary district may dedicate to the public for
10 highway purposes any of its real property and the dedications
11 may be made subject to such conditions and the retention of
12 such interests therein as considered in the best interests of
13 the sanitary district by the board of trustees upon
14 recommendation of the general superintendent.
15 The sanitary district may lease to others for any period
16 of time, not to exceed 99 years, upon the terms as its board
17 of trustees upon recommendation of the general superintendent
18 may determine, any such real property, right-of-way or
19 privilege, or any interest therein or any part thereof, which
20 is in the opinion of the board of trustees and general
21 superintendent of the sanitary district no longer required
22 for its corporate purposes or which may not be immediately
23 needed for such purposes. The leases may contain such
24 conditions and retain such interests therein as considered in
25 the best interests of the sanitary district by the board of
26 trustees upon recommendation of the general superintendent.
27 Negotiations and execution of such leases and preparatory
28 activities in connection therewith must comply with Section
29 8c of this Act. The sanitary district may grant easements and
30 permits for the use of any such real property, right-of-way,
31 or privilege, which will not in the opinion of the board of
32 trustees and general superintendent of the sanitary district
33 interfere with the use thereof by the sanitary district for
34 its corporate purposes. Such easements and permits may
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1 contain such conditions and retain such interests therein as
2 considered in the best interests of the sanitary district by
3 the board of trustees upon recommendation of the general
4 superintendent.
5 No sales, vacations, dedications for highway purposes, or
6 leases for periods in excess of 5 years, of the following
7 described real estate, may be made or granted by the sanitary
8 district without the approval in writing of the Director of
9 Natural Resources of the State of Illinois:
10 All the right-of-way of the Calumet-Sag Channel of the
11 sanitary district extending from the Little Calumet River
12 near Blue Island, Illinois, to the right-of-way of the main
13 channel of the sanitary district near Sag, Illinois.
14 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
15 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
16 lying northeasterly of a tract of land leased to the Corn
17 Products Manufacturing Company from January 1, 1908, to
18 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
19 of and adjoining the above mentioned leased tract measured
20 parallel with the main channel of the sanitary district; Lots
21 166, 168, 207, 208, and part of Lot 211 lying northeasterly
22 of a line 1500 feet southwesterly of the center line of
23 Stephen Street, Lemont, Illinois, and parallel with said
24 street measured parallel with said main channel; and Lot 212
25 of the Sanitary District Trustees Subdivision of right-of-way
26 from the north and south center line of Section 30, Township
27 39 North, Range 14 East of the Third Principal Meridian, to
28 Will County line.
29 That part of the right-of-way of the main channel of the
30 sanitary district in Section 14, Township 37 North, Range 11
31 East of the Third Principal Meridian, lying southerly of said
32 main channel, northerly of the Northerly Reserve Line of the
33 Illinois and Michigan Canal, and westerly of the Center line
34 of the old channel of the Des Plaines River.
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1 That part of said main channel right-of-way in Section
2 35, Township 37 North, Range 10 East of the Third Principal
3 Meridian, lying east of said main channel and south of a line
4 1,319.1 feet north of and parallel with the south line of
5 said Section 35.
6 That part of said main channel right-of-way in the
7 northeast quarter of the northwest quarter of Section 2,
8 Township 36 North, Range 10 East of the Third Principal
9 Meridian, lying east of said main channel.
10 That part of said main channel right-of-way lying south
11 of Ninth Street in Lockport, Illinois.
12 The sanitary district may sell real estate that (i) is
13 not necessary for the functions of the district and (ii) has
14 been declared surplus by the district's governing body. The
15 proceeds from the sale of the surplus real estate may be
16 deposited into a revolving fund that shall be known as the
17 Local Improvement Revolving Loan Fund. The sanitary district
18 shall have the authority to deposit additional surplus funds
19 into the Local Improvement Revolving Loan Fund. The sanitary
20 district shall establish a Local Improvement Loan Program to
21 make loans from the Local Improvement Revolving Loan Fund to
22 municipalities and other units of local government to
23 rehabilitate the local sewerage systems within their
24 boundaries. The sanitary district shall establish reasonable
25 rules to administer the program, including without limitation
26 criteria for the eligibility for a loan and the interest
27 rate. The interest rate established by the district must be
28 lower than the market rate. Notwithstanding any other law,
29 if any surplus real estate is located in an unincorporated
30 territory and if that real estate is contiguous to only one
31 municipality, 60 days before the sale of that real estate,
32 the sanitary district shall notify in writing the contiguous
33 municipality of the proposed sale. Prior to the sale of the
34 real estate, the municipality shall notify in writing the
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1 sanitary district that the municipality will or will not
2 annex the surplus real estate. If the contiguous
3 municipality will annex such surplus real estate, then
4 coincident with the completion of the sale of that real
5 estate by the sanitary district, that real estate shall be
6 automatically annexed to the contiguous municipality.
7 All sales of real estate by the such sanitary district
8 must be for cash, to the highest bidder upon open competitive
9 bids, and the proceeds of the sales, except the proceeds from
10 the sale of surplus real estate, may be used only for the
11 construction and equipment of sewage disposal plants, pumping
12 stations and intercepting sewers and appurtenances thereto,
13 and the acquisition of sites and easements therefor, and the
14 financing of the Local Government Assistance Program
15 established under Section 9.6c.
16 However, the sanitary district may:
17 (a) Remise, release, quit claim and convey, without the
18 approval of the Department of Natural Resources of the State
19 of Illinois acting by and through its Director, to the United
20 States of America without any consideration to be paid
21 therefor, in aid of the widening of the Calumet-Sag Channel
22 of the sanitary district by the United States of America, all
23 those certain lands, tenements and hereditaments of every
24 kind and nature of that portion of the established
25 right-of-way of the Calumet-Sag Channel lying east of the
26 east line of Ashland Avenue, in Blue Island, Illinois, and
27 south of the center line of the channel except such portion
28 thereof as is needed for the operation and maintenance of and
29 access to the controlling works lock of the sanitary
30 district;
31 (b) Without the approval of the Department of Natural
32 Resources of the State of Illinois acting by and through its
33 Director, give and grant to the United States of America
34 without any consideration to be paid therefor the right,
-15- LRB9011170EGfg
1 privilege and authority to widen the Calumet-Sag Channel and
2 for that purpose to enter upon and use in the work of such
3 widening and for the disposal of spoil therefrom all that
4 part of the right-of-way of the Calumet-Sag Channel owned by
5 the sanitary district lying south of the center line of the
6 Calumet-Sag Channel from its connection with the main channel
7 of the sanitary district to the east line of Ashland Avenue
8 in Blue Island, Illinois;
9 (c) Make alterations to any structure made necessary by
10 such widening and to construct, reconstruct or otherwise
11 alter the existing highway bridges of the sanitary district
12 across the Calumet-Sag Channel;
13 (d) Give and grant to the United States of America
14 without any consideration to be paid therefor the right to
15 maintain the widened Calumet-Sag Channel without the
16 occupation or use of or jurisdiction over any property of the
17 sanitary district adjoining and adjacent to such widened
18 channel;
19 (e) Acquire by lease, purchase, condemnation or
20 otherwise, whatever land, easements or rights of way, not
21 presently owned by it, that may be required by the United
22 States of America in constructing the Calumet-Sag Navigation
23 Project, as approved in Public Law 525, 79th Congress, Second
24 Session as described in House Document No. 677 for widening
25 and dredging the Calumet-Sag Channel, in improving the Little
26 Calumet River between the eastern end of the Sag Channel and
27 Turning Basin No. 5, and in improving the Calumet River
28 between Calumet Harbor and Lake Calumet;
29 (f) Furnish free of cost to the United States all lands,
30 easements, rights-of-way and soil disposal areas necessary
31 for the new work and for subsequent maintenance by the United
32 States;
33 (g) Provide for the necessary relocations of all
34 utilities.
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1 Whatever land acquired by the sanitary district may
2 thereafter be determined by the Board of Trustees upon
3 recommendation of the general superintendent as not being
4 needed by the United States for the purposes of constructing
5 and maintaining the Calumet-Sag Navigation Project as above
6 described, shall be retained by the sanitary district for its
7 corporate purposes, or be sold, with all convenient speed,
8 vacated or released (but not leased) as its Board of Trustees
9 upon recommendation of the general superintendent may
10 determine: All sales of such real estate must be for cash, to
11 the highest bidder upon open, competitive bids, and the
12 proceeds of the sales may be used only for the purpose of
13 paying principal and interest upon the bonds authorized by
14 this Act, and if no bonds are then outstanding, for the
15 purpose of paying principal and interest upon any general
16 obligation bonds of the sanitary district, and for corporate
17 purposes of the sanitary district. When the proceeds are
18 used to pay bonds and interest, proper abatement shall be
19 made in the taxes next extended for such bonds and interest.
20 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96;
21 90-568, eff. 1-1-99.)
22 (70 ILCS 2605/9.6c new)
23 Sec. 9.6c. Local Government Assistance Program; bonds.
24 (a) The General Assembly finds that governmental units
25 located within the boundaries of the district require
26 assistance in financing the cost of repair, replacement,
27 reconstruction, and rehabilitation of local sewer collection
28 systems to reduce certain excessive sanitary sewer ground
29 water inflows; that such inflows ultimately result in
30 increased need for treatment and storage facilities of the
31 district; and that the district, in the discretion of its
32 commissioners, advantageously may provide loan funds for such
33 purposes.
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1 (b) For purposes of this Section, the following terms
2 shall have the meanings set forth, as follows:
3 The following terms shall have the meanings given to
4 them in the Local Government Debt Reform Act: (A)
5 "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
6 "general obligation bonds"; (E) "governmental unit"; (F)
7 "ordinance"; and (G) "revenue source".
8 "Assistance bonds" means the bonds to be issued by
9 the district to provide funds for the program as
10 authorized in subsection (f) of this Section.
11 "Assistance program" means the program authorized in
12 this Section by which the district may make loans to
13 local governmental units for sewerage pipe repair.
14 "Loan" means a loan made by the district to a local
15 governmental unit under the assistance program.
16 "Local governmental unit" means a governmental unit
17 within the boundaries of the district.
18 "Reconstruction" shall include the construction of
19 totally new lines or systems if reasonably designed to
20 replace obsolete lines or systems.
21 "Sewerage pipe repair" means any one or more of the
22 following undertaken with respect to the repair,
23 replacement, reconstruction, and rehabilitation of local
24 sewer collection systems: preliminary planning,
25 engineering, architectural, legal, fiscal or economic
26 investigations or studies, surveys, designs, plans,
27 working drawings, specifications, procedures or other
28 necessary actions, erection, building acquisition,
29 alteration, remodeling, improvement, or extension of such
30 collection systems, or the inspection or supervision of
31 any of the foregoing.
32 (c) The commissioners may establish an assistance
33 program.
34 (d) The commissioners are authorized to do any one or
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1 more of the following with respect to the assistance program:
2 (1) Establish the assistance program as a use or
3 appropriation within the corporate fund of the district.
4 (2) Accept grants, borrow funds, and appropriate
5 lawfully available funds for the purpose of funding the
6 assistance program.
7 (3) Make the loans as provided in subsection (e).
8 (4) Enforce loans with all available remedies as
9 any governmental unit or private person might have with
10 respect to such loans.
11 (e) The district shall have the power to make loans and
12 local governmental units shall have the power to obtain loans
13 from the district, but only if authorized to borrow under
14 such powers as may be granted to such local governmental
15 units under other applicable law. This Section does not
16 grant local governmental units separate borrowing power. If
17 authorized to issue bonds under such applicable law, however,
18 the form of the borrowing may be such as the district and the
19 local governmental unit may agree, including, without
20 limitation, a loan agreement made between the district and
21 local governmental unit to evidence the bond. Any such loan
22 agreement shall state the statutory authority under
23 applicable law for the bond it represents but otherwise need
24 not be in any specific form. The district shall have all
25 rights and remedies available to the holder of a bond
26 otherwise issued in the form provided for same under
27 applicable law and also such rights and remedies as may be
28 additionally available under subsections (d)(4) and (d)(5) of
29 this Section. The loans may be made upon such terms and at
30 such rates, including expressly below market rates,
31 representing a subsidy of funds from the district to the
32 local governmental units, as the district may specify in the
33 loan agreements.
34 (f) The district may borrow money and issue its
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1 assistance bonds under this Section 9.6c for the purpose of
2 funding the assistance program. The district may pledge any
3 lawfully available revenue source to the assistance bonds
4 including, specifically, the receipts from the loans. The
5 assistance bonds shall not be general obligation bonds of the
6 district except if issued as alternate bonds. Assistance
7 bonds shall not be subject to any referendum requirement and
8 shall not be treated as indebtedness under any applicable
9 provision of law setting forth a limitation upon or
10 requirement with respect to the legal indebtedness of the
11 district; provided, however, that if assistance bonds are
12 issued as alternate bonds, the provisions and limitations of
13 the Local Government Debt Reform Act with respect to
14 alternate bonds shall all apply. This Section is an Omnibus
15 Bond Act under subsection (a) of Section 8 of the Statute on
16 Statutes.
17 (70 ILCS 2605/9.8) (from Ch. 42, par. 328.8)
18 Sec. 9.8. Except as is otherwise provided by Sections 9,
19 9.1, 9.2, 9.3, 9.5, 9.6, 9.6a, 9.6c, and 9b, and 9c of this
20 Act, whenever the corporate authorities of the Sanitary
21 District desire to issue bonds for any of its corporate
22 purposes, they shall by ordinance direct that the ordinance
23 or ordinances for the issuance of such bonds be submitted to
24 the legal voters of such sanitary district at any election.
25 The clerk of such sanitary district shall certify the
26 ordinance and the question to the proper election officials
27 who shall submit the question at an election in accordance
28 with the general election law. The question shall be in
29 substantially the following form:
30 -------------------------------------------------------------
31 Shall bonds for the purpose of YES
32 (State purpose) in the sum of.... be --------------------
33 issued by the Sanitary District of....? NO
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1 -------------------------------------------------------------
2 It shall not be necessary to print in full on the ballot
3 any such ordinance authorizing the issuance of bonds.
4 The result of the referendum on the question shall be
5 entered upon the records of the district.
6 (Source: P.A. 83-333.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.