Rep. Monique D. Davis
Filed: 3/24/2010
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1 | AMENDMENT TO HOUSE BILL 4664
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2 | AMENDMENT NO. ______. Amend House Bill 4664, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Southern Cook County Intergovernmental Cooperation Waste | ||||||
7 | Disposal and Energy Act. | ||||||
8 | Section 5. Findings. The General Assembly finds that there | ||||||
9 | is a need to promote the use of renewable energy resources, the | ||||||
10 | availability of waste disposal facilities, including | ||||||
11 | facilities designed to convert waste to energy, and employment | ||||||
12 | in the construction and operation of those facilities. The | ||||||
13 | General Assembly further finds that a means of meeting that | ||||||
14 | need is to authorize certain governmental units to join | ||||||
15 | together to acquire and construct facilities for those | ||||||
16 | purposes. |
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1 | Section 10. Definitions. For the purposes of this Act: | ||||||
2 | "Agency" means the joint action agency organized and | ||||||
3 | operating under this Act.
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4 | "Applicable law" means any provision of law, including this | ||||||
5 | Act, authorizing governmental units to issue bonds as the term | ||||||
6 | is defined in the Local Government Debt Reform Act. | ||||||
7 | "Board" means the board of directors of the Agency | ||||||
8 | organized under this Act. | ||||||
9 | "Bonds" means bonds as that term is defined in the Local | ||||||
10 | Government Debt Reform Act issued by the Agency payable from | ||||||
11 | one or more of the Agency's enterprise revenues and other | ||||||
12 | sources as the Agency may lawfully pledge, which sources may | ||||||
13 | include governmental unit bonds or proceeds or payments to be | ||||||
14 | made pursuant to an intergovernmental agreement. | ||||||
15 | "Enterprise revenues" means the revenues of a utility or | ||||||
16 | revenue producing enterprise of the Agency.
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17 | "Governing body" means the legislative body, council, | ||||||
18 | board, commission, trustees, or any other body, by whatever | ||||||
19 | name it is known, having charge of the corporate affairs of a | ||||||
20 | governmental unit. | ||||||
21 | "Governmental unit" means a county, township, | ||||||
22 | municipality, municipal corporation, unit of local government, | ||||||
23 | school district, public university, special district, public | ||||||
24 | corporation, or body corporate and politic, and all other local | ||||||
25 | governmental agencies, including any entity created by |
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1 | intergovernmental agreement among any of the foregoing | ||||||
2 | governmental units, but does not include any office, officer, | ||||||
3 | department, division, bureau, board, commission, or similar | ||||||
4 | agency of the State. | ||||||
5 | "Governmental unit bond" means any bond as such term is | ||||||
6 | defined in the Local Government Debt Reform Act authorized or | ||||||
7 | issued by or on behalf of a governmental unit under applicable | ||||||
8 | law. | ||||||
9 | "Intergovernmental agreement" means the agreement by which | ||||||
10 | the Agency is formed by the designated governmental units | ||||||
11 | pursuant to this Act. | ||||||
12 | "Members" means the governmental units joining pursuant to | ||||||
13 | intergovernmental agreement to organize the Agency under this | ||||||
14 | Act. | ||||||
15 | "Municipal waste" has the same meaning as in Section 3.290 | ||||||
16 | of the Environmental Protection Act. | ||||||
17 | "Project" means such land or rights in land within the | ||||||
18 | territorial limits of Blue Island, Illinois, or within 5 miles | ||||||
19 | of such territorial limits, and within such limits, any plant, | ||||||
20 | works, system, facility, machinery, intellectual property, or | ||||||
21 | other real or personal property of any nature whatsoever, | ||||||
22 | together with all parts thereof and appurtenances thereto, used | ||||||
23 | or useful in the collection, transportation, transfer, | ||||||
24 | storage, disposal, processing, treatment, recovery, and re-use | ||||||
25 | of municipal waste, used tires, and waste tires, or in the | ||||||
26 | generation, production, distribution, transmission, purchase, |
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1 | sale, exchange, or interchange of electrical energy derived | ||||||
2 | from renewable energy resources or converting waste to energy | ||||||
3 | sources, and in the acquisition, extraction, conversion, | ||||||
4 | transportation, storage, or reprocessing of ancillary fuel of | ||||||
5 | any kind for any such purposes, or any interest in, or right to | ||||||
6 | the use, services, output, or capacity of any such plant, | ||||||
7 | works, system, or facilities; provided, however, the project | ||||||
8 | shall not include a combustion process to incinerate municipal | ||||||
9 | waste, used tires, or waste tires and provided that used tires | ||||||
10 | and waste tires shall be used in accordance with Section 53 of | ||||||
11 | the Environmental Protection Act. | ||||||
12 | "Resolution" means a resolution or ordinance, as may be | ||||||
13 | applicable, duly adopted by a governing body. | ||||||
14 | "Used tires" has the same meaning as in Section 54.13 of | ||||||
15 | the Environmental Protection Act. | ||||||
16 | "Waste tires" has the same meaning as in Section 54.16 of | ||||||
17 | the Environmental Protection Act. | ||||||
18 | Section 15. Powers supplemental. The provisions of this Act | ||||||
19 | are intended to be supplemental and in addition to all other | ||||||
20 | powers or authorities granted to any governmental unit, shall | ||||||
21 | be construed liberally, and shall not be construed as a | ||||||
22 | limitation of any power or authority otherwise granted. | ||||||
23 | Section 20. Actions by resolution. All actions to be taken | ||||||
24 | by a governmental unit or the Agency pursuant to this Act shall |
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1 | be fully effective if taken by resolution, but may also be | ||||||
2 | taken, at the discretion of a governing body, by ordinance. | ||||||
3 | Section 25. Agency status. The Agency as organized under | ||||||
4 | this Act shall be a unit of local government of the State and a | ||||||
5 | body politic and corporate. | ||||||
6 | Section 30. Organization. Any 2 or more of the governmental | ||||||
7 | units named or described as follows: (a) the municipalities of | ||||||
8 | Blue Island, Calumet Park, Alsip, Robbins, Midlothian, and | ||||||
9 | Posen and (b) any municipality expressly invited by the | ||||||
10 | municipality of Blue Island and all or a portion of which is in | ||||||
11 | Cook County and any portion of which is within 5 miles of the | ||||||
12 | territorial limits of Blue Island, whether contiguous or | ||||||
13 | noncontiguous, may form the Agency authorized by this Act by | ||||||
14 | the execution of an intergovernmental agreement authorized by | ||||||
15 | resolution adopted by the governing body of each governmental | ||||||
16 | unit that elects to join the Agency for the purposes of | ||||||
17 | investigating the desirability of and necessity for providing | ||||||
18 | the Project and to develop the Project. The intergovernmental | ||||||
19 | agreement shall state or may state, as applicable, all of the | ||||||
20 | following: | ||||||
21 | (1) the name of the Agency and the date of its | ||||||
22 | establishment, which may be by reference to a date or the | ||||||
23 | dates of the resolutions adopted by the governing bodies, | ||||||
24 | and the duration of its existence, which may be perpetual; |
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1 | (2) the names of the governmental units, from those | ||||||
2 | permitted to join as provided in this Act, that have | ||||||
3 | adopted the intergovernmental agreement and constitute the | ||||||
4 | initial members; | ||||||
5 | (3) the names and addresses of the persons initially | ||||||
6 | appointed in the resolutions adopting the | ||||||
7 | intergovernmental agreement to serve as initial directors | ||||||
8 | on the board and provision for the organizational meeting | ||||||
9 | of the Agency; | ||||||
10 | (4) provision for the terms of office of the directors | ||||||
11 | and for alternate directors, if so provided, but those | ||||||
12 | directors and alternate directors shall always be selected | ||||||
13 | and vacancies in their offices declared and filled by | ||||||
14 | resolutions adopted by the governing body of the respective | ||||||
15 | governmental units; | ||||||
16 | (5) if so provided, provision for weighted voting among | ||||||
17 | the governmental units or by the directors; | ||||||
18 | (6) the location by city, village, or incorporated town | ||||||
19 | in the State of the principal office of the Agency; | ||||||
20 | (7) provision for amendment of the intergovernmental | ||||||
21 | agreement; | ||||||
22 | (8) if so provided, initial funding for the Agency, | ||||||
23 | which may include binding agreements of the governmental | ||||||
24 | units to provide money or to issue governmental unit bonds | ||||||
25 | for the benefit of the Agency, in connection with the | ||||||
26 | Project;
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1 | (9) provisions for the disposition, division, or | ||||||
2 | distribution of obligations, property, and assets of the | ||||||
3 | Agency upon dissolution; and | ||||||
4 | (10) any other provisions for regulating the business | ||||||
5 | of the Agency or the conduct of its affairs consistent with | ||||||
6 | this Act. | ||||||
7 | Section 35. Officers; board; bylaws. | ||||||
8 | (a) At the organizational meeting of the board, the | ||||||
9 | directors shall elect from their members a presiding officer to | ||||||
10 | preside over the meetings of the board and an alternate | ||||||
11 | presiding officer and may elect an executive board. The board | ||||||
12 | shall determine and designate in the Agency's bylaws the titles | ||||||
13 | for the presiding officers. The directors shall also elect a | ||||||
14 | secretary and treasurer, who need not be directors. The board | ||||||
15 | may select other officers, employees, and agents as deemed to | ||||||
16 | be necessary, who need not be directors or residents of any of | ||||||
17 | the governmental units that are members. The board may | ||||||
18 | designate appropriate titles for all other officers, | ||||||
19 | employees, and agents. All persons selected by the board shall | ||||||
20 | hold their respective offices at the pleasure of the board and | ||||||
21 | give bond as may be required by the board. | ||||||
22 | (b) The board is the corporate authority of the Agency and | ||||||
23 | shall exercise all the powers and manage and control all of the | ||||||
24 | affairs and property of the Agency. The board shall have full | ||||||
25 | power to pass all necessary resolutions, rules, and regulations |
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1 | for the proper management and conduct of the business of the | ||||||
2 | Agency and for carrying into effect the objects for which the | ||||||
3 | Agency was established. The board shall have not less than one | ||||||
4 | meeting each year for the election of officers and the | ||||||
5 | transaction of any other business. Unless otherwise provided by | ||||||
6 | this Act, the intergovernmental agreement, or the bylaws, an | ||||||
7 | act of the majority of the directors present at a meeting at | ||||||
8 | which a quorum is present is the act of the board. | ||||||
9 | (c) The board shall adopt bylaws that may include, without | ||||||
10 | limitation, the following provisions: | ||||||
11 | (1) the rights and obligations of members, consistent | ||||||
12 | with the intergovernmental agreement and this Act; | ||||||
13 | (2) if not governed in the intergovernmental | ||||||
14 | agreement, then the manner of adding new members, from | ||||||
15 | those permitted to join as provided in this Act, and the | ||||||
16 | rights and obligations of such members; | ||||||
17 | (3) the time, place, and date of the regular meeting or | ||||||
18 | meetings and the procedures for calling special meetings of | ||||||
19 | the board; | ||||||
20 | (4) procedural rules; | ||||||
21 | (5) the composition, powers, and responsibilities of | ||||||
22 | any committee or executive board; | ||||||
23 | (6) the criteria as called for in subsection (u) of | ||||||
24 | Section 55 of this Act; and | ||||||
25 | (7) other rules or provisions for regulating the | ||||||
26 | affairs of the Agency as the board shall determine to be |
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1 | advisable.
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2 | Section 40. Filing. Within 3 months after the | ||||||
3 | organizational meeting, the board shall cause a certified copy | ||||||
4 | of the intergovernmental agreement to be filed with the | ||||||
5 | Secretary of State. The Secretary of State shall accept the | ||||||
6 | filing and issue a certificate of approval over his or her | ||||||
7 | signature and the Great Seal of the State. | ||||||
8 | Section 45. Place of business. The Agency shall maintain an | ||||||
9 | office in the State to be known as its principal office. If the | ||||||
10 | Agency desires to change the location of that office, then it | ||||||
11 | shall file with the Secretary of State a certificate of change | ||||||
12 | of location, stating the new address and the effective date of | ||||||
13 | change. Meetings of the board may be held at any place within | ||||||
14 | the State, designated by the board, after notice. | ||||||
15 | Section 50. Lawful expense of governmental unit. Each | ||||||
16 | member shall have full power and authority to appropriate money | ||||||
17 | from its general or corporate fund, by whatever name known, for | ||||||
18 | the payment of the expenses of the Agency and of its | ||||||
19 | representative in exercising its functions as a member of the | ||||||
20 | Agency. Each member shall have full power and authority, | ||||||
21 | subject to the provisions of applicable law, to agree to the | ||||||
22 | issuance and delivery of governmental unit bonds to aid the | ||||||
23 | Agency. |
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1 | Section 55. Powers and duties. | ||||||
2 | (a) The Agency shall have all the powers and duties | ||||||
3 | enumerated in this Section in furtherance of the purposes of | ||||||
4 | this Act. In the exercise of those powers and duties it shall | ||||||
5 | be deemed to be performing an essential governmental function | ||||||
6 | and exercising a part of the sovereign powers of the State, | ||||||
7 | separate and distinct from member governmental units and shall | ||||||
8 | have the privileges, immunities, and rights of a public body | ||||||
9 | politic and corporate, municipal corporation, and unit of local | ||||||
10 | government, but shall not have taxing power. All powers of the | ||||||
11 | Agency shall be exercised by its board unless otherwise | ||||||
12 | provided by the bylaws. | ||||||
13 | (b) The Agency may plan, finance, acquire, construct, | ||||||
14 | reconstruct, own, lease, operate, maintain, repair, improve, | ||||||
15 | extend, or otherwise participate in, individually or jointly, | ||||||
16 | with other persons or other entities of any type, the Project, | ||||||
17 | as proposed, existing, or under construction, acquire any | ||||||
18 | interest in or any right to products and services of the | ||||||
19 | Project, purchase, own, sell, dispose of, or otherwise | ||||||
20 | participate in securities issued in connection with the | ||||||
21 | financing of the Project or any portion thereof, and may act as | ||||||
22 | agent, or designate one or more persons, public agencies, or | ||||||
23 | other entities of any type, whether or not participating in the | ||||||
24 | Project, to act as its agent, in connection with the planning, | ||||||
25 | financing, acquisition, construction, reconstruction, |
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1 | ownership, lease, operation, maintenance, repair, extension, | ||||||
2 | or improvement of the Project. | ||||||
3 | (c) The Agency may investigate the desirability of and | ||||||
4 | necessity for the Project and may make studies, surveys, and | ||||||
5 | estimates as may be necessary to determine the feasibility and | ||||||
6 | cost of the Project. | ||||||
7 | (d) The Agency may cooperate with other persons, public | ||||||
8 | agencies, or other entities of any type in the development of | ||||||
9 | the Project. | ||||||
10 | (e) The Agency may apply for consents, authorizations, or | ||||||
11 | approvals required for the Project within its powers and take | ||||||
12 | all actions necessary to comply with the required conditions. | ||||||
13 | (f) The Agency may perform any act authorized by this Act | ||||||
14 | through, or by means of, its officers, agents, or employees or | ||||||
15 | by contract with others, including, without limitation, the | ||||||
16 | employment of engineers, architects, attorneys, appraisers, | ||||||
17 | financial advisors, and other consultants and employees as may | ||||||
18 | be required in the judgment of the Agency, and fix, and pay | ||||||
19 | their compensation from funds available to the Agency. The | ||||||
20 | Agency may create subsidiary entities, such as corporations, to | ||||||
21 | aid in the conduct of its business in connection with the | ||||||
22 | Project. | ||||||
23 | (g) The Agency may, individually or jointly with other | ||||||
24 | persons, public agencies, or other entities of any type, | ||||||
25 | acquire, hold, use, and dispose of income, revenues, funds, and | ||||||
26 | money in connection with the Project. |
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1 | (h) The Agency may, individually or jointly with other | ||||||
2 | persons, public agencies, or other entities of any type, | ||||||
3 | acquire, own, hire, use, operate, and dispose of personal | ||||||
4 | property and any interest therein in connection with the | ||||||
5 | Project. | ||||||
6 | (i) The Agency may, individually or jointly with other | ||||||
7 | persons, public agencies, or other entities of any type, | ||||||
8 | acquire, own, use, lease as lessor or lessee, operate and | ||||||
9 | dispose of real property and interests in real property in | ||||||
10 | connection with the Project. | ||||||
11 | (j) The Agency may grant the use by franchise, lease, or | ||||||
12 | otherwise and make charges for the use of any property or | ||||||
13 | facility owned or controlled by it. | ||||||
14 | (k) The Agency may borrow money and issue negotiable bonds, | ||||||
15 | secured or unsecured, in accordance with this Act. | ||||||
16 | (l) The Agency may invest money of the Agency not required | ||||||
17 | for immediate use, including proceeds from the sale of any | ||||||
18 | bonds, in such obligations, securities, and other investments | ||||||
19 | as authorized by the provisions of the Public Funds Investment | ||||||
20 | Act. | ||||||
21 | (m) Subject to the limitations provided in this Section, | ||||||
22 | the Agency may exercise the power of eminent domain in the | ||||||
23 | manner provided in the Eminent Domain Act in connection with | ||||||
24 | the Project and within the designated territorial limit of the | ||||||
25 | Project. Any acquisition of the Agency by eminent domain is | ||||||
26 | limited in that it shall not be exercised, under any |
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1 | circumstances, in the taking of any property, real or personal, | ||||||
2 | of a public agency, corporation, company, limited liability | ||||||
3 | company, or other entity of any type, including an electric | ||||||
4 | cooperative, as defined in Section 3.4 of the Electric Supplier | ||||||
5 | Act, that owns, operates or controls any plant, building, land, | ||||||
6 | or equipment for or that is used or useful in the generation, | ||||||
7 | transmission, or distribution of electric power and energy in | ||||||
8 | connection with the furnishing thereof for sale or resale. | ||||||
9 | (n) Within the designated territorial limit, the Agency may | ||||||
10 | determine the location and character of, and all other matters | ||||||
11 | in connection with the Project. | ||||||
12 | (o) The Agency may contract with any persons, public | ||||||
13 | agencies, or other entities of any type for the planning, | ||||||
14 | development, construction, or operation of the Project or for | ||||||
15 | the sale, transmission, or distribution of the products and | ||||||
16 | services of the Project, or for any interest in the products or | ||||||
17 | services or any right to such products and services, on terms | ||||||
18 | and for a period not in excess of 50 years of time as its board | ||||||
19 | shall determine. | ||||||
20 | (p) The Agency may enter into any contract or agreement | ||||||
21 | necessary, appropriate or incidental to the effectuation of its | ||||||
22 | lawful purposes in connection with the Project and the exercise | ||||||
23 | of the powers granted by this Act with respect to the Project | ||||||
24 | for a period not in excess of 50 years in time, including, | ||||||
25 | without limitation, contracts or agreements for the receipt and | ||||||
26 | disposal of municipal waste, used tires, or waste tires under |
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1 | this Act and the purchase, sale, exchange, interchange, | ||||||
2 | wheeling, pooling, transmission, distribution, or storage of | ||||||
3 | electrical energy and fuel of any kind for any purposes in | ||||||
4 | connection with the Project, within and outside of the State, | ||||||
5 | in amounts as it shall determine to be necessary and | ||||||
6 | appropriate to make the most effective use of the Project and | ||||||
7 | to meet its responsibilities, on terms and for such period of | ||||||
8 | time as its board determines. Any contract or agreement may | ||||||
9 | include provisions for requirements purchases, restraints on | ||||||
10 | resale or other dealings, exclusive dealing, pricing, | ||||||
11 | territorial division, and other conduct or arrangements that | ||||||
12 | may have an anti-competitive effect. Subject to the exception | ||||||
13 | that the Agency shall not be subject in any manner to the | ||||||
14 | jurisdiction of the Illinois Commerce Commission, the Agency | ||||||
15 | shall comply with all laws, regulations, and rules applicable | ||||||
16 | to generators of electricity or Alternate Retail Suppliers, as | ||||||
17 | applicable, in the production, inter-connection, transmission, | ||||||
18 | distribution, or sale, at wholesale or retail, of electric | ||||||
19 | energy produced by the Project. | ||||||
20 | (q) The Agency may procure insurance against any losses in | ||||||
21 | connection with its property, operations, or assets in such | ||||||
22 | amounts and from such insurers as it deems desirable, or may | ||||||
23 | self-insure or enter into pooled insurance arrangements with | ||||||
24 | other governmental units against those losses. | ||||||
25 | (r) The Agency may contract for and accept any gifts or | ||||||
26 | grants or loans of funds or property or financial or other aid |
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1 | in any form from any source and may comply, subject to the | ||||||
2 | provisions of this Act, with the terms and conditions of the | ||||||
3 | contract. | ||||||
4 | (s) The Agency may mortgage, pledge, and grant a security | ||||||
5 | interest in any or all of its real and personal property to | ||||||
6 | secure the payment of its bonds or contracts. | ||||||
7 | (t) That part of the Project owned by the Agency shall be | ||||||
8 | exempt from property taxes. The Agency shall, in lieu of | ||||||
9 | property taxes, pay to any governmental unit authorized to levy | ||||||
10 | property taxes the amount that would be assessed as taxes on | ||||||
11 | real property of the Project if such property were otherwise | ||||||
12 | subject to valuation and assessment for distribution to such | ||||||
13 | governmental units. Payments in lieu of taxes shall be due and | ||||||
14 | shall bear interest if unpaid, as in the cases of and on the | ||||||
15 | same schedule as taxes on other property. The assessment of the | ||||||
16 | amount to be paid shall be on the same schedule as taxes on | ||||||
17 | other property. Payments in lieu of taxes made under this Act | ||||||
18 | shall be treated in the same manner as taxes for purposes of | ||||||
19 | all procedural and substantive provisions of law, except that | ||||||
20 | no lien may be placed upon such property to enforce the payment | ||||||
21 | of those taxes. The remedy for such payment shall be limited to | ||||||
22 | mandamus or other civil action requesting an order directing | ||||||
23 | the Agency to pay those taxes and interest, if any. | ||||||
24 | (u) The Agency shall not be subject to any taxes of the | ||||||
25 | State based on or measured by income, receipts, or revenue. The | ||||||
26 | Agency shall allocate 2% of the total net enterprise revenues, |
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1 | calculated in accordance with generally accepted accounting | ||||||
2 | principles for municipal enterprise funds, and not including | ||||||
3 | any revenues or receipts not derived from the enterprise, for | ||||||
4 | secular purposes to one or more of a public or private | ||||||
5 | not-for-profit elementary or secondary school, college, | ||||||
6 | university, or technical, vocational, or trade school to be | ||||||
7 | named from time to time by the board located in the | ||||||
8 | governmental unit or units that comprise the Agency. The board | ||||||
9 | shall distribute the stated revenues to the recipients | ||||||
10 | according to criteria as may be established in the Agency's | ||||||
11 | bylaws. | ||||||
12 | (v) The Agency may adopt a corporate seal, and may sue and | ||||||
13 | be sued. | ||||||
14 | (w) The Agency may exercise all other powers not | ||||||
15 | inconsistent with the Constitution of the State of Illinois or | ||||||
16 | the United States Constitution that may be reasonably necessary | ||||||
17 | or appropriate for or incidental to effectuate its authorized | ||||||
18 | purposes or to the exercise of any of the powers enumerated in | ||||||
19 | this Act.
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20 | Section 60. Bonds. The Agency may issue bonds pursuant to | ||||||
21 | applicable law and the following provisions: | ||||||
22 | (1) The Agency may from time to time issue its bonds in | ||||||
23 | such principal amounts as the Agency shall deem necessary | ||||||
24 | to provide sufficient funds to carry out any of its | ||||||
25 | corporate purposes and powers, including, without |
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1 | limitation, the acquisition, construction, or termination | ||||||
2 | of the Project to be owned or leased, as lessor or lessee, | ||||||
3 | by the Agency, or the acquisition of any interest therein | ||||||
4 | or any right to the products or services thereof, the | ||||||
5 | funding or refunding of the principal of, redemption | ||||||
6 | premium, if any, and interest on, any bonds issued by it | ||||||
7 | whether or not the bonds or interest to be funded or | ||||||
8 | refunded have or have not become due, the payment of | ||||||
9 | engineering, legal and other expenses, together with | ||||||
10 | interest for a period of 3 years or to a date one year | ||||||
11 | subsequent to the estimated date of completion of the | ||||||
12 | project, whichever period is longer, the establishment or | ||||||
13 | increase of reserves to secure or to pay these bonds or | ||||||
14 | interest, the providing of working capital and the payment | ||||||
15 | of all other costs or expenses of the Agency incident to | ||||||
16 | and necessary or convenient to carry out its corporate | ||||||
17 | purposes and powers. | ||||||
18 | (2) Every issue of bonds of the Agency shall be payable | ||||||
19 | out of the revenues or funds available to the Agency, | ||||||
20 | subject to any agreements with the holders of particular | ||||||
21 | bonds pledging any particular revenues or funds. The Agency | ||||||
22 | may issue those types of bonds as it may determine, | ||||||
23 | including bonds as to which the principal and interest are | ||||||
24 | payable exclusively from the revenues from one or more | ||||||
25 | parts of the Project, or from an interest or a right to the | ||||||
26 | products and services thereof, or from one or more revenue |
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1 | producing contracts made by the Agency, or its revenues | ||||||
2 | generally. Any bonds may be additionally secured by a | ||||||
3 | pledge of any grant, subsidy, or contribution from any | ||||||
4 | source or a pledge of any income or revenues, funds, or | ||||||
5 | moneys of the Agency from any source whatsoever. | ||||||
6 | (3) All bonds of the Agency shall have all the | ||||||
7 | qualities of negotiable instruments under the laws of this | ||||||
8 | State. | ||||||
9 | (4) Bonds of the Agency shall be authorized by | ||||||
10 | resolution of its board and may be issued under a | ||||||
11 | resolution or under a trust indenture or other security | ||||||
12 | agreement, in one or more series, and shall bear such date | ||||||
13 | or dates, mature at such time or times within the estimated | ||||||
14 | period of usefulness of the Project or portion thereof | ||||||
15 | involved and in any event not more than 40 years after the | ||||||
16 | date thereof, bear interest at such rate or rates without | ||||||
17 | regard to any limitation in any other law, be in those | ||||||
18 | denominations, be in a form, either coupon or registered, | ||||||
19 | carry the conversion, registration, and exchange | ||||||
20 | privileges, have a rank or priority, be executed in such | ||||||
21 | manner, be payable in a medium of payment at such place or | ||||||
22 | places within or outside of the State, be subject to the | ||||||
23 | terms of redemption with or without premium, and contain or | ||||||
24 | be subject to other terms as the resolution, trust | ||||||
25 | indenture, or other security agreement may provide, and | ||||||
26 | shall not be restricted by the provisions of any other law |
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1 | limiting the amounts, maturities, interest rates, or other | ||||||
2 | terms of obligations of units of local government or | ||||||
3 | private parties. The bonds shall be sold in such manner and | ||||||
4 | at prices as the board shall determine, at private or | ||||||
5 | public sale. | ||||||
6 | (5) Bonds of the Agency may be issued under the | ||||||
7 | provisions of this Act without obtaining the consent of any | ||||||
8 | department, division, commission, board, bureau, or agency | ||||||
9 | of the State or of any member, except as may be limited in | ||||||
10 | an intergovernmental agreement, and without any other | ||||||
11 | proceeding or the happening of any other condition or | ||||||
12 | occurrence except as specifically required by this Act. | ||||||
13 | (6) The resolution, trust indenture, or other security | ||||||
14 | agreement under which any bonds are issued shall constitute | ||||||
15 | a contract with the holders of the bonds and may contain | ||||||
16 | provisions, among others, prescribing any of the | ||||||
17 | following: | ||||||
18 | (A) the terms and provisions of the bonds; | ||||||
19 | (B) the mortgage or pledge of and the grant of a | ||||||
20 | security interest in any real or personal property and | ||||||
21 | all or any part of the revenue from the Project or any | ||||||
22 | revenue producing contract made by the Agency to secure | ||||||
23 | the payment of bonds, subject to any agreements with | ||||||
24 | the holders of bonds which might then exist; | ||||||
25 | (C) the custody, collection, securing, | ||||||
26 | investments, and payment of any revenues, assets, |
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1 | money, funds, or property with respect to which the | ||||||
2 | Agency may have any rights or interest; | ||||||
3 | (D) the rates or charges for the products or | ||||||
4 | services rendered by the Agency, the amount to be | ||||||
5 | raised by the rates or charges, and the use and | ||||||
6 | disposition of any or all revenue; | ||||||
7 | (E) the creation of reserves or sinking funds and | ||||||
8 | the regulation and disposition thereof;
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9 | (F) the purposes to which the proceeds from the | ||||||
10 | sale of any bonds then or thereafter to be issued may | ||||||
11 | be applied, and the pledge of revenues to secure the | ||||||
12 | payment of the bonds; | ||||||
13 | (G) the limitations on the issuance of any | ||||||
14 | additional bonds, the terms upon which additional | ||||||
15 | bonds may be issued and secured, and the refunding of | ||||||
16 | outstanding bonds; | ||||||
17 | (H) the rank or priority of any bonds with respect | ||||||
18 | to any lien or security; | ||||||
19 | (I) the creation of special funds or moneys to be | ||||||
20 | held in trust or otherwise for operational expenses, | ||||||
21 | payment, or redemption of bonds, reserves or other | ||||||
22 | purposes, and the use and disposition of moneys held in | ||||||
23 | those funds; | ||||||
24 | (J) the procedure by which the terms of any | ||||||
25 | contract with or for the benefit of the holders of | ||||||
26 | bonds may be amended or revised, the amount of bonds |
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1 | the holders of which must consent thereto, and the | ||||||
2 | manner in which consent may be given; | ||||||
3 | (K) the definition of the acts or omissions to act | ||||||
4 | that shall constitute a default in the duties of the | ||||||
5 | Agency to holders of its bonds, and the rights and | ||||||
6 | remedies of the holders in the event of default, | ||||||
7 | including, if the Agency so determines, the right to | ||||||
8 | accelerate the due date of the bonds or the right to | ||||||
9 | appoint a receiver or receivers of the property or | ||||||
10 | revenues subject to the lien of the resolution, trust | ||||||
11 | indenture, or other security agreement; | ||||||
12 | (L) any other or additional agreements with or for | ||||||
13 | the benefit of the holders of bonds or any covenants or | ||||||
14 | restrictions necessary or desirable to safeguard the | ||||||
15 | interests of the holders; | ||||||
16 | (M) the custody of its properties or investments, | ||||||
17 | the safekeeping thereof, the insurance to be carried | ||||||
18 | thereon, and the use and disposition of insurance | ||||||
19 | proceeds; | ||||||
20 | (N) the vesting in a trustee or trustees, within or | ||||||
21 | outside of the State, of such properties, rights, | ||||||
22 | powers and duties in trust as the Agency may determine; | ||||||
23 | or the limiting or abrogating of the rights of the | ||||||
24 | holders of any bonds to appoint a trustee, or the | ||||||
25 | limiting of the rights, powers, and duties of the | ||||||
26 | trustee; or |
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1 | (O) the appointment of and the establishment of the | ||||||
2 | duties and obligations of any paying agent or other | ||||||
3 | fiduciary within or outside of the State. | ||||||
4 | (7) For the security of bonds issued or to be issued by | ||||||
5 | the Agency, the Agency may mortgage or execute deeds of | ||||||
6 | trust of the whole or any part of its property and | ||||||
7 | franchises. Any pledge of revenues, securities, contract | ||||||
8 | rights, or other personal property made by the Agency | ||||||
9 | pursuant to this Act shall be valid and binding from the | ||||||
10 | date the pledge is made. The revenues, securities, contract | ||||||
11 | rights, or other personal property so pledged and then held | ||||||
12 | or thereafter received by the Agency or any fiduciary shall | ||||||
13 | immediately be subject to the lien of the pledge without | ||||||
14 | any physical delivery thereof or further act, and the lien | ||||||
15 | of the pledge shall be valid and binding as against all | ||||||
16 | parties having claims of any kind in tort, contract, or | ||||||
17 | otherwise against the Agency without regard to whether the | ||||||
18 | parties have notice. The resolution, trust indenture, | ||||||
19 | security agreement, or other instrument by which a pledge | ||||||
20 | is created shall be recorded in the county in which the | ||||||
21 | principal office is located in the manner provided by law. | ||||||
22 | (8) Neither the officials, the directors, nor the | ||||||
23 | members of the Agency nor any person executing bonds shall | ||||||
24 | be liable personally on the bonds or be subject to any | ||||||
25 | personal liability or accountability by reason of the | ||||||
26 | issuance thereof. The Agency shall have power to indemnify |
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1 | and to purchase and maintain insurance on behalf of any | ||||||
2 | director, officer, employee, or agent of the Agency, in | ||||||
3 | connection with any threatened, pending, or completed | ||||||
4 | action, suit, or proceeding. | ||||||
5 | (9) The Agency shall have power to purchase out of any | ||||||
6 | available funds, bonds, and to hold for re-issuance, | ||||||
7 | pledge, cancel, or retire the bonds and coupons prior to | ||||||
8 | maturity, subject to and in accordance with any agreements | ||||||
9 | with the holders. | ||||||
10 | (10) The principal of and interest upon any bonds | ||||||
11 | issued by the Agency shall be payable solely from the | ||||||
12 | enterprise revenues or funds pledged or available for their | ||||||
13 | payment as authorized in this Act. Each bond shall contain | ||||||
14 | a statement that it constitutes an obligation of the | ||||||
15 | Agency, that the principal and interest are payable solely | ||||||
16 | from revenues or funds of the Agency and that neither the | ||||||
17 | State nor any political subdivision thereof, except the | ||||||
18 | Agency, nor any governmental unit which is a member of the | ||||||
19 | Agency, is obligated to pay the principal or interest on | ||||||
20 | the bonds and that neither the faith and credit nor the | ||||||
21 | taxing power of the State or any political subdivision or | ||||||
22 | of any governmental unit is pledged to the payment of the | ||||||
23 | principal of or the interest on the bonds.
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24 | Section 65. Charges. The Agency may establish, levy, and | ||||||
25 | collect or may authorize, by contract, franchise, lease, or |
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1 | otherwise, the establishment, levying, and collection of | ||||||
2 | rents, rates, and other charges for the products and services | ||||||
3 | afforded by the Agency or by or in connection with all or any | ||||||
4 | part of the Project that it may construct, acquire, own, | ||||||
5 | operate, or control or with respect to which it may have any | ||||||
6 | interest or any right to the products and services thereof as | ||||||
7 | it may deem necessary, proper, desirable or reasonable. Rents, | ||||||
8 | rates, and other charges shall be established so as to be | ||||||
9 | sufficient to meet the operation, maintenance and other | ||||||
10 | expenses thereof, including reasonable reserves, interest, | ||||||
11 | principal payments, and payments into one or more sinking funds | ||||||
12 | for the retirement of principal. The Agency may pledge its | ||||||
13 | rates, rents, and other revenue, or any part thereof, as | ||||||
14 | security for the repayment, with interest and premium, if any, | ||||||
15 | of any moneys borrowed by it or advanced to it for any of its | ||||||
16 | authorized purposes and as security for the payment of amounts | ||||||
17 | due and owing by it under any contract. | ||||||
18 | Section 70. Governmental units may contract. | ||||||
19 | (a) In order to accomplish the purposes of this Act, a | ||||||
20 | governmental unit may enter into and carry out contracts and | ||||||
21 | agreements for the sale, lease, or other use of property, real | ||||||
22 | or personal, cooperative provision of services, such as police | ||||||
23 | services, the delivery of such municipal waste, used tires, or | ||||||
24 | waste tires, or the purchase of power from, the Agency, | ||||||
25 | collection, or transmission services, development services and |
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| |||||||
1 | other services. Contracts must comply with the following: | ||||||
2 | (1) Any contract and agreement shall be for a period | ||||||
3 | not to exceed 50 years and shall contain other terms, | ||||||
4 | conditions, and provisions consistent with the provisions | ||||||
5 | of this Act, as the governing body of such governmental | ||||||
6 | unit shall approve, including, without limitation, | ||||||
7 | provisions in which the governmental unit is obligated to | ||||||
8 | pay for the products and services of the Agency without | ||||||
9 | set-off or counterclaim and irrespective of whether such | ||||||
10 | products or services are furnished, made available, or | ||||||
11 | delivered to the governmental unit or whether the Project | ||||||
12 | or any portion thereof contemplated by any such contract | ||||||
13 | and agreement is completed, operable, or operating, and | ||||||
14 | notwithstanding suspension, interruption, interference, | ||||||
15 | reduction, or curtailment of the products and services of | ||||||
16 | the project. | ||||||
17 | (2) Any contract and agreement may be pledged by the | ||||||
18 | Agency to secure its obligations and may provide that, if | ||||||
19 | one or more governmental units defaults in the payment of | ||||||
20 | its obligations under the contract and agreement, the | ||||||
21 | remaining governmental units having the contracts and | ||||||
22 | agreements shall be required to pay for and shall be | ||||||
23 | entitled proportionately to use or otherwise dispose of the | ||||||
24 | products and services that were to be purchased by the | ||||||
25 | defaulting governmental unit. | ||||||
26 | (3) Any contract and agreement providing for payments |
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| |||||||
1 | by a governmental unit shall be an obligation of such | ||||||
2 | governmental unit payable from and secured by such lawfully | ||||||
3 | available funds as may be made pursuant to applicable law. | ||||||
4 | Notwithstanding the sources of funds pledged, any contract | ||||||
5 | between the Agency and its members with respect to the | ||||||
6 | Project shall not constitute an indebtedness of such | ||||||
7 | members within any statutory limitation. | ||||||
8 | (4) Nothing in this Act shall be construed to preclude | ||||||
9 | a governmental unit from appropriating and using taxes and | ||||||
10 | other revenues received in any year to make payments due or | ||||||
11 | to comply with covenants to be performed during that year | ||||||
12 | under any contract or agreement for a term of years entered | ||||||
13 | into as contemplated in this Act, subject to the provisions | ||||||
14 | of applicable law. | ||||||
15 | (b) Any contract or agreement may include provisions for | ||||||
16 | requirements purchases, restraints on resale, or other | ||||||
17 | dealings, exclusive dealing, pricing, territorial division, | ||||||
18 | and other conduct or arrangements which may have an | ||||||
19 | anti-competitive effect. | ||||||
20 | (c) Notwithstanding the provisions of any other law, in the | ||||||
21 | making of a contract or agreement between the Agency and a | ||||||
22 | member, the director of the Agency who represents the member | ||||||
23 | must recuse himself or herself from participation in | ||||||
24 | discussions or voting as director, but may participate and vote | ||||||
25 | in his or her capacity as an officer of the governing body of | ||||||
26 | such member, and the participation and voting shall not be a |
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| |||||||
1 | conflict of interest. | ||||||
2 | Section 75. Obligations under federal or State law. | ||||||
3 | Notwithstanding any other provisions of this Act, nothing in | ||||||
4 | this Act shall affect obligations or authority under any | ||||||
5 | federal or State environmental statute or regulation, | ||||||
6 | including without limitation the Environmental Protection Act, | ||||||
7 | the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), | ||||||
8 | the Federal Water Pollution Control Act (33 U.S.C. 1251 et | ||||||
9 | seq.), the federal Clean Air Act (42 U.S.C. 7401 et seq.), as | ||||||
10 | now or hereafter amended, and rules and regulations adopted | ||||||
11 | thereunder. | ||||||
12 | Section 90. The Eminent Domain Act is amended by adding | ||||||
13 | Section 15-5-50 as follows: | ||||||
14 | (735 ILCS 30/15-5-50 new) | ||||||
15 | Sec. 15-5-50. Eminent domain powers in New Acts. The
| ||||||
16 | following provisions of law may include express grants of the
| ||||||
17 | power to acquire property by condemnation or eminent domain:
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18 | Southern Cook County Intergovernmental Cooperation Waste | ||||||
19 | Disposal and Energy Act. | ||||||
20 | Section 97. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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