[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
90_HB2822ham001
LRB9011170ACsbam
1 AMENDMENT TO HOUSE BILL 2822
2 AMENDMENT NO. . Amend House Bill 2822 by replacing
3 the title with the following:
4 "AN ACT in relation to the Metropolitan Water Reclamation
5 District."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Metropolitan Water Reclamation District
9 Act is amended by changing Sections 8 and 9.8 and adding
10 Section 9.6c as follows:
11 (70 ILCS 2605/8) (from Ch. 42, par. 327)
12 (Text of Section before amendment by P.A. 90-568)
13 Sec. 8. Except as otherwise in this Act provided, the
14 sanitary district may acquire by lease, purchase or otherwise
15 within or without its corporate limits, or by condemnation
16 within its corporate limits, any and all real and personal
17 property, right of way and privilege that may be required for
18 its corporate purposes. All moneys for the purchase and
19 condemnation of any property must be paid before possession
20 is taken, or any work done on the premises. In case of an
21 appeal from the Court in which the condemnation proceedings
-2- LRB9011170ACsbam
1 are pending, taken by either party, whereby the amount of
2 damages is not finally determined, the amount of the judgment
3 in the court shall be deposited with the county treasurer of
4 the county in which the judgment is rendered, subject to the
5 payment of damages on orders signed by the judge whenever the
6 amount of damages is finally determined.
7 Upon recommendation of the general superintendent and
8 upon the approval of the board of trustees when any real or
9 personal property, right of way or privilege or any interest
10 therein, or any part thereof of such sanitary district is no
11 longer required for the corporate purposes of the sanitary
12 district it may be sold, vacated or released. Such sales,
13 vacations, or releases may be made subject to such conditions
14 and the retention of such interest therein as may be deemed
15 for the best interest of such sanitary district as
16 recommended by the general superintendent and approved by the
17 board of trustees.
18 However, the sanitary district may enter into a lease of
19 a building or a part thereof, or acquire title to a building
20 already constructed or to be constructed, for the purpose of
21 securing office space for its administrative corporate
22 functions, the period of such lease not to exceed 15 years
23 except as authorized by the provisions of Section 8b of this
24 Act. In the event of the purchase of such property for
25 administrative corporate functions, the sanitary district may
26 execute a mortgage or other documents of indebtedness as may
27 be required for the unpaid balance, to be paid in not more
28 than 15 annual installments. Annual installments on the
29 mortgage or annual payment on the lease shall be considered a
30 current corporate expense of the year in which they are to be
31 paid, and the amount of such annual installment or payment
32 shall be included in the Annual Appropriation and Corporate
33 Tax Levy Ordinances. Such expense may be incurred,
34 notwithstanding the provisions, if any applicable, contained
-3- LRB9011170ACsbam
1 in any other Sections of this Act.
2 The sanitary district may dedicate to the public for
3 highway purposes any of its real property and the dedications
4 may be made subject to such conditions and the retention of
5 such interests therein as considered in the best interests of
6 the sanitary district by the board of trustees upon
7 recommendation of the general superintendent.
8 The sanitary district may lease to others for any period
9 of time, not to exceed 99 years, upon the terms as its board
10 of trustees upon recommendation of the general superintendent
11 may determine, any such real property, right-of-way or
12 privilege, or any interest therein or any part thereof, which
13 is in the opinion of the board of trustees and general
14 superintendent of the sanitary district no longer required
15 for its corporate purposes or which may not be immediately
16 needed for such purposes. The leases may contain such
17 conditions and retain such interests therein as considered in
18 the best interests of the sanitary district by the board of
19 trustees upon recommendation of the general superintendent.
20 Negotiations and execution of such leases and preparatory
21 activities in connection therewith must comply with Section
22 8c of this Act. The sanitary district may grant easements and
23 permits for the use of any such real property, right-of-way,
24 or privilege, which will not in the opinion of the board of
25 trustees and general superintendent of the sanitary district
26 interfere with the use thereof by the sanitary district for
27 its corporate purposes. Such easements and permits may
28 contain such conditions and retain such interests therein as
29 considered in the best interests of the sanitary district by
30 the board of trustees upon recommendation of the general
31 superintendent.
32 No sales, vacations, dedications for highway purposes, or
33 leases for periods in excess of 5 years, of the following
34 described real estate, may be made or granted by the sanitary
-4- LRB9011170ACsbam
1 district without the approval in writing of the Director of
2 Natural Resources of the State of Illinois:
3 All the right-of-way of the Calumet-Sag Channel of the
4 sanitary district extending from the Little Calumet River
5 near Blue Island, Illinois, to the right-of-way of the main
6 channel of the sanitary district near Sag, Illinois.
7 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
8 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
9 lying northeasterly of a tract of land leased to the Corn
10 Products Manufacturing Company from January 1, 1908, to
11 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
12 of and adjoining the above mentioned leased tract measured
13 parallel with the main channel of the sanitary district; Lots
14 166, 168, 207, 208, and part of Lot 211 lying northeasterly
15 of a line 1500 feet southwesterly of the center line of
16 Stephen Street, Lemont, Illinois, and parallel with said
17 street measured parallel with said main channel; and Lot 212
18 of the Sanitary District Trustees Subdivision of right-of-way
19 from the north and south center line of Section 30, Township
20 39 North, Range 14 East of the Third Principal Meridian, to
21 Will County line.
22 That part of the right-of-way of the main channel of the
23 sanitary district in Section 14, Township 37 North, Range 11
24 East of the Third Principal Meridian, lying southerly of said
25 main channel, northerly of the Northerly Reserve Line of the
26 Illinois and Michigan Canal, and westerly of the Center line
27 of the old channel of the Des Plaines River.
28 That part of said main channel right-of-way in Section
29 35, Township 37 North, Range 10 East of the Third Principal
30 Meridian, lying east of said main channel and south of a line
31 1,319.1 feet north of and parallel with the south line of
32 said Section 35.
33 That part of said main channel right-of-way in the
34 northeast quarter of the northwest quarter of Section 2,
-5- LRB9011170ACsbam
1 Township 36 North, Range 10 East of the Third Principal
2 Meridian, lying east of said main channel.
3 That part of said main channel right-of-way lying south
4 of Ninth Street in Lockport, Illinois.
5 The sanitary district may sell real estate that (i) is
6 not necessary for the functions of the district and (ii) has
7 been declared surplus by the district's governing body. The
8 proceeds from the sale of the surplus real estate may be
9 deposited into a revolving fund that shall be known as the
10 Local Improvement Revolving Loan Fund. The sanitary district
11 shall establish a Local Improvement Loan Program to make
12 loans from the Local Improvement Revolving Loan Fund to
13 municipalities to rehabilitate the local sewerage systems
14 within their boundaries. The sanitary district shall
15 establish reasonable rules to administer the program,
16 including without limitation criteria for the eligibility for
17 a loan and the interest rate. The interest rate established
18 by the district must be lower than the market rate.
19 Notwithstanding any other law, if any surplus real estate
20 is located in an unincorporated territory and if that real
21 estate is contiguous to only one municipality, 60 days before
22 the sale of that real estate, the sanitary district shall
23 notify in writing the contiguous municipality of the proposed
24 sale. Prior to the sale of the real estate, the municipality
25 shall notify in writing the sanitary district that the
26 municipality will or will not annex the surplus real estate.
27 If the contiguous municipality will annex such surplus real
28 estate, then coincident with the completion of the sale of
29 that real estate by the sanitary district, that real estate
30 shall be automatically annexed to the contiguous
31 municipality.
32 All sales of real estate by the such sanitary district
33 must be for cash, to the highest bidder upon open competitive
34 bids, and the proceeds of the sales, except the proceeds from
-6- LRB9011170ACsbam
1 the sale of surplus real estate, may be used only for the
2 construction and equipment of sewage disposal plants, pumping
3 stations and intercepting sewers and appurtenances thereto,
4 and the acquisition of sites and easements therefor, and the
5 financing of the Local Government Assistance Program
6 established under Section 9.6c.
7 However, the sanitary district may:
8 (a) Remise, release, quit claim and convey, without the
9 approval of the Department of Natural Resources of the State
10 of Illinois acting by and through its Director, to the United
11 States of America without any consideration to be paid
12 therefor, in aid of the widening of the Calumet-Sag Channel
13 of the sanitary district by the United States of America, all
14 those certain lands, tenements and hereditaments of every
15 kind and nature of that portion of the established
16 right-of-way of the Calumet-Sag Channel lying east of the
17 east line of Ashland Avenue, in Blue Island, Illinois, and
18 south of the center line of the channel except such portion
19 thereof as is needed for the operation and maintenance of and
20 access to the controlling works lock of the sanitary
21 district;
22 (b) Without the approval of the Department of Natural
23 Resources of the State of Illinois acting by and through its
24 Director, give and grant to the United States of America
25 without any consideration to be paid therefor the right,
26 privilege and authority to widen the Calumet-Sag Channel and
27 for that purpose to enter upon and use in the work of such
28 widening and for the disposal of spoil therefrom all that
29 part of the right-of-way of the Calumet-Sag Channel owned by
30 the sanitary district lying south of the center line of the
31 Calumet-Sag Channel from its connection with the main channel
32 of the sanitary district to the east line of Ashland Avenue
33 in Blue Island, Illinois;
34 (c) Make alterations to any structure made necessary by
-7- LRB9011170ACsbam
1 such widening and to construct, reconstruct or otherwise
2 alter the existing highway bridges of the sanitary district
3 across the Calumet-Sag Channel;
4 (d) Give and grant to the United States of America
5 without any consideration to be paid therefor the right to
6 maintain the widened Calumet-Sag Channel without the
7 occupation or use of or jurisdiction over any property of the
8 sanitary district adjoining and adjacent to such widened
9 channel;
10 (e) Acquire by lease, purchase, condemnation or
11 otherwise, whatever land, easements or rights of way, not
12 presently owned by it, that may be required by the United
13 States of America in constructing the Calumet-Sag Navigation
14 Project, as approved in Public Law 525, 79th Congress, Second
15 Session as described in House Document No. 677 for widening
16 and dredging the Calumet-Sag Channel, in improving the Little
17 Calumet River between the eastern end of the Sag Channel and
18 Turning Basin No. 5, and in improving the Calumet River
19 between Calumet Harbor and Lake Calumet;
20 (f) Furnish free of cost to the United States all lands,
21 easements, rights-of-way and soil disposal areas necessary
22 for the new work and for subsequent maintenance by the United
23 States;
24 (g) Provide for the necessary relocations of all
25 utilities.
26 Whatever land acquired by the sanitary district may
27 thereafter be determined by the Board of Trustees upon
28 recommendation of the general superintendent as not being
29 needed by the United States for the purposes of constructing
30 and maintaining the Calumet-Sag Navigation Project as above
31 described, shall be retained by the sanitary district for its
32 corporate purposes, or be sold, with all convenient speed,
33 vacated or released (but not leased) as its Board of Trustees
34 upon recommendation of the general superintendent may
-8- LRB9011170ACsbam
1 determine: All sales of such real estate must be for cash, to
2 the highest bidder upon open, competitive bids, and the
3 proceeds of the sales may be used only for the purpose of
4 paying principal and interest upon the bonds authorized by
5 this Act, and if no bonds are then outstanding, for the
6 purpose of paying principal and interest upon any general
7 obligation bonds of the sanitary district, and for corporate
8 purposes of the sanitary district. When the proceeds are
9 used to pay bonds and interest, proper abatement shall be
10 made in the taxes next extended for such bonds and interest.
11 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
12 (Text of Section after amendment by P.A. 90-568)
13 Sec. 8. Except as otherwise in this Act provided, the
14 sanitary district may acquire by lease, purchase or otherwise
15 within or without its corporate limits, or by condemnation
16 within its corporate limits, any and all real and personal
17 property, right of way and privilege that may be required for
18 its corporate purposes. All moneys for the purchase and
19 condemnation of any property must be paid before possession
20 is taken, or any work done on the premises. In case of an
21 appeal from the Court in which the condemnation proceedings
22 are pending, taken by either party, whereby the amount of
23 damages is not finally determined, the amount of the judgment
24 in the court shall be deposited with the county treasurer of
25 the county in which the judgment is rendered, subject to the
26 payment of damages on orders signed by the judge whenever the
27 amount of damages is finally determined.
28 Upon recommendation of the general superintendent and
29 upon the approval of the board of trustees when any real or
30 personal property, right of way or privilege or any interest
31 therein, or any part thereof of such sanitary district is no
32 longer required for the corporate purposes of the sanitary
33 district it may be sold, vacated or released. Such sales,
34 vacations, or releases may be made subject to such conditions
-9- LRB9011170ACsbam
1 and the retention of such interest therein as may be deemed
2 for the best interest of such sanitary district as
3 recommended by the general superintendent and approved by the
4 board of trustees.
5 However, the sanitary district may enter into a lease of
6 a building or a part thereof, or acquire title to a building
7 already constructed or to be constructed, for the purpose of
8 securing office space for its administrative corporate
9 functions, the period of such lease not to exceed 15 years
10 except as authorized by the provisions of Section 8b of this
11 Act. In the event of the purchase of such property for
12 administrative corporate functions, the sanitary district may
13 execute a mortgage or other documents of indebtedness as may
14 be required for the unpaid balance, to be paid in not more
15 than 15 annual installments. Annual installments on the
16 mortgage or annual payment on the lease shall be considered a
17 current corporate expense of the year in which they are to be
18 paid, and the amount of such annual installment or payment
19 shall be included in the Annual Appropriation and Corporate
20 Tax Levy Ordinances. Such expense may be incurred,
21 notwithstanding the provisions, if any applicable, contained
22 in any other Sections of this Act.
23 The sanitary district may dedicate to the public for
24 highway purposes any of its real property and the dedications
25 may be made subject to such conditions and the retention of
26 such interests therein as considered in the best interests of
27 the sanitary district by the board of trustees upon
28 recommendation of the general superintendent.
29 The sanitary district may lease to others for any period
30 of time, not to exceed 99 years, upon the terms as its board
31 of trustees upon recommendation of the general superintendent
32 may determine, any such real property, right-of-way or
33 privilege, or any interest therein or any part thereof, which
34 is in the opinion of the board of trustees and general
-10- LRB9011170ACsbam
1 superintendent of the sanitary district no longer required
2 for its corporate purposes or which may not be immediately
3 needed for such purposes. The leases may contain such
4 conditions and retain such interests therein as considered in
5 the best interests of the sanitary district by the board of
6 trustees upon recommendation of the general superintendent.
7 Negotiations and execution of such leases and preparatory
8 activities in connection therewith must comply with Section
9 8c of this Act. The sanitary district may grant easements and
10 permits for the use of any such real property, right-of-way,
11 or privilege, which will not in the opinion of the board of
12 trustees and general superintendent of the sanitary district
13 interfere with the use thereof by the sanitary district for
14 its corporate purposes. Such easements and permits may
15 contain such conditions and retain such interests therein as
16 considered in the best interests of the sanitary district by
17 the board of trustees upon recommendation of the general
18 superintendent.
19 No sales, vacations, dedications for highway purposes, or
20 leases for periods in excess of 5 years, of the following
21 described real estate, may be made or granted by the sanitary
22 district without the approval in writing of the Director of
23 Natural Resources of the State of Illinois:
24 All the right-of-way of the Calumet-Sag Channel of the
25 sanitary district extending from the Little Calumet River
26 near Blue Island, Illinois, to the right-of-way of the main
27 channel of the sanitary district near Sag, Illinois.
28 Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
29 89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
30 lying northeasterly of a tract of land leased to the Corn
31 Products Manufacturing Company from January 1, 1908, to
32 December 31, 2006; 1000 feet of Lot 141 lying southwesterly
33 of and adjoining the above mentioned leased tract measured
34 parallel with the main channel of the sanitary district; Lots
-11- LRB9011170ACsbam
1 166, 168, 207, 208, and part of Lot 211 lying northeasterly
2 of a line 1500 feet southwesterly of the center line of
3 Stephen Street, Lemont, Illinois, and parallel with said
4 street measured parallel with said main channel; and Lot 212
5 of the Sanitary District Trustees Subdivision of right-of-way
6 from the north and south center line of Section 30, Township
7 39 North, Range 14 East of the Third Principal Meridian, to
8 Will County line.
9 That part of the right-of-way of the main channel of the
10 sanitary district in Section 14, Township 37 North, Range 11
11 East of the Third Principal Meridian, lying southerly of said
12 main channel, northerly of the Northerly Reserve Line of the
13 Illinois and Michigan Canal, and westerly of the Center line
14 of the old channel of the Des Plaines River.
15 That part of said main channel right-of-way in Section
16 35, Township 37 North, Range 10 East of the Third Principal
17 Meridian, lying east of said main channel and south of a line
18 1,319.1 feet north of and parallel with the south line of
19 said Section 35.
20 That part of said main channel right-of-way in the
21 northeast quarter of the northwest quarter of Section 2,
22 Township 36 North, Range 10 East of the Third Principal
23 Meridian, lying east of said main channel.
24 That part of said main channel right-of-way lying south
25 of Ninth Street in Lockport, Illinois.
26 The sanitary district may sell real estate that (i) is
27 not necessary for the functions of the district and (ii) has
28 been declared surplus by the district's governing body. The
29 proceeds from the sale of the surplus real estate may be
30 deposited into a revolving fund that shall be known as the
31 Local Improvement Revolving Loan Fund. The sanitary district
32 shall have the authority to deposit additional surplus funds
33 into the Local Improvement Revolving Loan Fund. The sanitary
34 district shall establish a Local Improvement Loan Program to
-12- LRB9011170ACsbam
1 make loans from the Local Improvement Revolving Loan Fund to
2 municipalities and other units of local government to
3 rehabilitate the local sewerage systems within their
4 boundaries. The sanitary district shall establish reasonable
5 rules to administer the program, including without limitation
6 criteria for the eligibility for a loan and the interest
7 rate. The interest rate established by the district must be
8 lower than the market rate.
9 Notwithstanding any other law, if any surplus real estate
10 is located in an unincorporated territory and if that real
11 estate is contiguous to only one municipality, 60 days before
12 the sale of that real estate, the sanitary district shall
13 notify in writing the contiguous municipality of the proposed
14 sale. Prior to the sale of the real estate, the municipality
15 shall notify in writing the sanitary district that the
16 municipality will or will not annex the surplus real estate.
17 If the contiguous municipality will annex such surplus real
18 estate, then coincident with the completion of the sale of
19 that real estate by the sanitary district, that real estate
20 shall be automatically annexed to the contiguous
21 municipality.
22 All sales of real estate by the such sanitary district
23 must be for cash, to the highest bidder upon open competitive
24 bids, and the proceeds of the sales, except the proceeds from
25 the sale of surplus real estate, may be used only for the
26 construction and equipment of sewage disposal plants, pumping
27 stations and intercepting sewers and appurtenances thereto,
28 and the acquisition of sites and easements therefor, and the
29 financing of the Local Government Assistance Program
30 established under Section 9.6c.
31 However, the sanitary district may:
32 (a) Remise, release, quit claim and convey, without the
33 approval of the Department of Natural Resources of the State
34 of Illinois acting by and through its Director, to the United
-13- LRB9011170ACsbam
1 States of America without any consideration to be paid
2 therefor, in aid of the widening of the Calumet-Sag Channel
3 of the sanitary district by the United States of America, all
4 those certain lands, tenements and hereditaments of every
5 kind and nature of that portion of the established
6 right-of-way of the Calumet-Sag Channel lying east of the
7 east line of Ashland Avenue, in Blue Island, Illinois, and
8 south of the center line of the channel except such portion
9 thereof as is needed for the operation and maintenance of and
10 access to the controlling works lock of the sanitary
11 district;
12 (b) Without the approval of the Department of Natural
13 Resources of the State of Illinois acting by and through its
14 Director, give and grant to the United States of America
15 without any consideration to be paid therefor the right,
16 privilege and authority to widen the Calumet-Sag Channel and
17 for that purpose to enter upon and use in the work of such
18 widening and for the disposal of spoil therefrom all that
19 part of the right-of-way of the Calumet-Sag Channel owned by
20 the sanitary district lying south of the center line of the
21 Calumet-Sag Channel from its connection with the main channel
22 of the sanitary district to the east line of Ashland Avenue
23 in Blue Island, Illinois;
24 (c) Make alterations to any structure made necessary by
25 such widening and to construct, reconstruct or otherwise
26 alter the existing highway bridges of the sanitary district
27 across the Calumet-Sag Channel;
28 (d) Give and grant to the United States of America
29 without any consideration to be paid therefor the right to
30 maintain the widened Calumet-Sag Channel without the
31 occupation or use of or jurisdiction over any property of the
32 sanitary district adjoining and adjacent to such widened
33 channel;
34 (e) Acquire by lease, purchase, condemnation or
-14- LRB9011170ACsbam
1 otherwise, whatever land, easements or rights of way, not
2 presently owned by it, that may be required by the United
3 States of America in constructing the Calumet-Sag Navigation
4 Project, as approved in Public Law 525, 79th Congress, Second
5 Session as described in House Document No. 677 for widening
6 and dredging the Calumet-Sag Channel, in improving the Little
7 Calumet River between the eastern end of the Sag Channel and
8 Turning Basin No. 5, and in improving the Calumet River
9 between Calumet Harbor and Lake Calumet;
10 (f) Furnish free of cost to the United States all lands,
11 easements, rights-of-way and soil disposal areas necessary
12 for the new work and for subsequent maintenance by the United
13 States;
14 (g) Provide for the necessary relocations of all
15 utilities.
16 Whatever land acquired by the sanitary district may
17 thereafter be determined by the Board of Trustees upon
18 recommendation of the general superintendent as not being
19 needed by the United States for the purposes of constructing
20 and maintaining the Calumet-Sag Navigation Project as above
21 described, shall be retained by the sanitary district for its
22 corporate purposes, or be sold, with all convenient speed,
23 vacated or released (but not leased) as its Board of Trustees
24 upon recommendation of the general superintendent may
25 determine: All sales of such real estate must be for cash, to
26 the highest bidder upon open, competitive bids, and the
27 proceeds of the sales may be used only for the purpose of
28 paying principal and interest upon the bonds authorized by
29 this Act, and if no bonds are then outstanding, for the
30 purpose of paying principal and interest upon any general
31 obligation bonds of the sanitary district, and for corporate
32 purposes of the sanitary district. When the proceeds are
33 used to pay bonds and interest, proper abatement shall be
34 made in the taxes next extended for such bonds and interest.
-15- LRB9011170ACsbam
1 (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96;
2 90-568, eff. 1-1-99.)
3 (70 ILCS 2605/9.6c new)
4 Sec. 9.6c. Local Government Assistance Program; bonds.
5 (a) The General Assembly finds that governmental units
6 located within the boundaries of the district require
7 assistance in financing the cost of repair, replacement,
8 reconstruction, and rehabilitation of local sewer collection
9 systems to reduce certain excessive sanitary sewer ground
10 water inflows; that such inflows ultimately result in
11 increased need for treatment and storage facilities of the
12 district; and that the district, in the discretion of its
13 commissioners, advantageously may provide loan funds for such
14 purposes.
15 (b) For purposes of this Section, the following terms
16 shall have the meanings set forth, as follows:
17 The following terms shall have the meanings given to
18 them in the Local Government Debt Reform Act: (A)
19 "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
20 "general obligation bonds"; (E) "governmental unit"; (F)
21 "ordinance"; and (G) "revenue source".
22 "Assistance bonds" means the bonds to be issued by
23 the district to provide funds for the program as
24 authorized in subsection (f) of this Section.
25 "Assistance program" means the program authorized in
26 this Section by which the district may make loans to
27 local governmental units for any one or more of the
28 following undertaken with respect to the repair,
29 replacement, reconstruction, and rehabilitation of local
30 sewer collection systems: preliminary planning,
31 engineering, architectural, legal, fiscal or economic
32 investigations or studies, surveys, designs, plans,
33 working drawings, specifications, procedures or other
-16- LRB9011170ACsbam
1 necessary actions, erection, building acquisition,
2 alteration, remodeling, or improvement of such collection
3 systems, or the inspection or supervision of any of the
4 foregoing.
5 "Loan" means a loan made by the district to a local
6 governmental unit under the assistance program.
7 "Local governmental unit" means a governmental unit
8 within the boundaries of the district.
9 "Reconstruction" shall include the construction of
10 totally new lines or systems if reasonably designed to
11 replace obsolete lines or systems.
12 (c) The commissioners may establish an assistance
13 program.
14 (d) The commissioners are authorized to do any one or
15 more of the following with respect to the assistance program:
16 (1) Establish the assistance program as a use or
17 appropriation within the corporate fund of the district.
18 (2) Accept grants, borrow funds, and appropriate
19 lawfully available funds for the purpose of funding the
20 assistance program.
21 (3) Make the loans as provided in subsection (e).
22 (4) Enforce loans with all available remedies as
23 any governmental unit or private person might have with
24 respect to such loans.
25 (e) The district shall have the power to make loans and
26 local governmental units shall have the power to obtain loans
27 from the district, but only if authorized to borrow under
28 such powers as may be granted to such local governmental
29 units under other applicable law. This Section does not
30 grant local governmental units separate borrowing power. If
31 authorized to issue bonds under such applicable law, however,
32 the form of the borrowing may be such as the district and the
33 local governmental unit may agree, including, without
34 limitation, a loan agreement made between the district and
-17- LRB9011170ACsbam
1 local governmental unit to evidence the bond. Any such loan
2 agreement shall state the statutory authority under
3 applicable law for the bond it represents but otherwise need
4 not be in any specific form. The district shall have all
5 rights and remedies available to the holder of a bond
6 otherwise issued in the form provided for same under
7 applicable law and also such rights and remedies as may be
8 additionally available under subsection (d)(4) of this
9 Section. The loans may be made upon such terms and at such
10 rates, including expressly below market rates, representing a
11 subsidy of funds from the district to the local governmental
12 units, as the district may specify in the loan agreements.
13 (f) The district may borrow money and issue its
14 assistance bonds under this Section 9.6c for the purpose of
15 funding the assistance program, which bonds shall be revenue
16 bonds payable from any lawfully available revenue source,
17 including without limitation receipts from the loans.
18 Assistance bonds shall not be subject to any referendum
19 requirement and shall not be treated as indebtedness under
20 any applicable provision of law setting forth a limitation
21 upon or requirement with respect to the legal indebtedness of
22 the district.
23 (70 ILCS 2605/9.8) (from Ch. 42, par. 328.8)
24 Sec. 9.8. Except as is otherwise provided by Sections 9,
25 9.1, 9.2, 9.3, 9.5, 9.6, 9.6a, 9.6c, and 9b, and 9c of this
26 Act, whenever the corporate authorities of the Sanitary
27 District desire to issue bonds for any of its corporate
28 purposes, they shall by ordinance direct that the ordinance
29 or ordinances for the issuance of such bonds be submitted to
30 the legal voters of such sanitary district at any election.
31 The clerk of such sanitary district shall certify the
32 ordinance and the question to the proper election officials
33 who shall submit the question at an election in accordance
-18- LRB9011170ACsbam
1 with the general election law. The question shall be in
2 substantially the following form:
3 -------------------------------------------------------------
4 Shall bonds for the purpose of YES
5 (State purpose) in the sum of.... be --------------------
6 issued by the Sanitary District of....? NO
7 -------------------------------------------------------------
8 It shall not be necessary to print in full on the ballot
9 any such ordinance authorizing the issuance of bonds.
10 The result of the referendum on the question shall be
11 entered upon the records of the district.
12 (Source: P.A. 83-333.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".