Rep. Fred Crespo

Filed: 3/16/2010





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2     AMENDMENT NO. ______. Amend House Bill 6419 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 School District Intergovernmental Cooperation Renewable Energy
6 Act.
7     Section 5. Findings. The General Assembly finds that there
8 is a need to promote the use of renewable energy resources,
9 including facilities designed to convert wind or solar power to
10 energy, and to promote employment in the construction and
11 operation of such facilities, and further finds that a means of
12 meeting such need is to authorize school districts to join
13 together to acquire and construct facilities for such purposes.
14     Section 10. Definitions. In this Act:
15     "Agency" means a joint action agency organized and



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1 operating under this Act.
2     "Applicable law" means any provision of law, including this
3 Act, authorizing school districts to issue bonds as that term
4 is defined in the Local Government Debt Reform Act.
5     "Board" means the board of directors of an agency organized
6 under this Act.
7     "Bond" means a bond as such term is defined in the Local
8 Government Debt Reform Act issued by an agency payable from one
9 or more of the agency's revenue sources and other sources as
10 the agency may lawfully pledge, which sources may include
11 school district bonds or proceeds or payments to be made
12 pursuant to an intergovernmental agreement.
13     "Eligible project" means any land or rights in land, plant,
14 works, system, facility, machinery, intellectual property, or
15 other real or personal property of any nature whatsoever,
16 together with all parts thereof and appurtenances thereto, used
17 or useful in the generation, production, such distribution or
18 transmission as may be required in a relevant electric service
19 agreement, purchase, sale, exchange, or interchange of
20 electrical energy derived from renewable energy sources
21 including wind, solar power, and other renewable sources, and
22 in the acquisition, extraction, conversion, transportation,
23 storage, or reprocessing of ancillary fuel of any kind for any
24 of those purposes, or any interest in, or right to the use,
25 services, output, or capacity of any plant, works, system, or
26 facilities.



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1     "Governing body" means the school board having charge of
2 the corporate affairs of a school district.
3     "Intergovernmental agreement" means the agreement by which
4 an agency is formed by school districts pursuant to this Act.
5     "Members" means the school districts joining pursuant to
6 intergovernmental agreement to organize an agency under this
7 Act.
8     "Resolution" means a resolution duly adopted by a governing
9 body.
10     "Revenue source" means any revenue source as such term is
11 defined in the Local Government Debt Reform Act.
12     "School district" means a combined elementary district, a
13 combined high school district, a combined unit district, a unit
14 district, a combined high school unit district, an elementary
15 district, or an optional elementary unit district organized and
16 operating under the School Code of the State of Illinois, but
17 does not include any office, officer, department, division,
18 bureau, board, commission, or similar agency of the State of
19 Illinois.
20     "School district bond" means any bond as such term is
21 defined in the Local Government Debt Reform Act authorized or
22 issued by or on behalf of a school district under applicable
23 law.
24     Section 15. Powers supplemental. The provisions of this Act
25 are intended to be supplemental and, in addition to all other



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1 powers or authorities granted to any school district, shall be
2 construed liberally and shall not be construed as a limitation
3 of any power or authority otherwise granted.
4     Section 20. Actions by resolution. All actions to be taken
5 by a school district or an agency pursuant to this Act shall be
6 fully effective if taken by resolution.
7     Section 25. Agency status. An agency organized under this
8 Act shall be a unit of local government of the State of
9 Illinois and a body politic and corporate.
10     Section 30. Organization. Any 2 or more school districts,
11 whether contiguous or noncontiguous, may form an agency by the
12 execution of an intergovernmental agreement authorized by
13 resolution adopted by the governing body of each school
14 district. The intergovernmental agreement shall state or may
15 state, as applicable, the following:
16         (1) the name of the agency and the date of its
17     establishment, which may be by reference to a date or the
18     dates of the resolutions adopted by the governing bodies,
19     and the duration of its existence, which may be perpetual;
20         (2) the names of the school districts that have adopted
21     the intergovernmental agreement and constitute the initial
22     members;
23         (3) the names and addresses of the persons initially



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1     appointed in the resolutions adopting the
2     intergovernmental agreement to serve as initial directors
3     on the board and provision for the organizational meeting
4     of the agency;
5         (4) provision for the terms of office of the directors
6     and for alternate directors, if so provided, but such
7     directors and alternate directors shall always be selected
8     and vacancies in their offices declared and filled by
9     resolutions adopted by the governing body of the respective
10     school districts;
11         (5) if so provided, provision for weighted voting among
12     the school districts or by the directors;
13         (6) the location by city, village, or incorporated town
14     in the State of Illinois of the principal office of the
15     agency;
16         (7) provision for amendment of the intergovernmental
17     agreement;
18         (8) if provided, initial funding for the agency, which
19     may include binding agreements of the school districts to
20     provide money or to issue school district bonds for the
21     benefit of the agency;
22         (9) provisions for the disposition, division, or
23     distribution of obligations, property, and assets of the
24     agency upon dissolution; and
25         (10) any other provisions for regulating the business
26     of the agency or the conduct of its affairs consistent with



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1     this Act.
2     Section 35. Officers; board; bylaws.
3     (a) At the organizational meeting of the board, the
4 directors shall elect from their members a presiding officer to
5 preside over the meetings of the board and an alternate
6 presiding officer and may elect an executive board. The board
7 shall determine and designate in the agency's bylaws the titles
8 for the presiding officers. The directors shall also elect a
9 secretary and treasurer, who need not be directors. The board
10 may select such other officers, employees, and agents as deemed
11 to be necessary, who need not be directors or residents of any
12 of the school districts that are members. The board may
13 designate appropriate titles for all other officers,
14 employees, and agents. All persons selected by the board shall
15 hold their respective offices at the pleasure of the board, and
16 give bond as may be required by the board.
17     (b) The board is the corporate authority of the agency and
18 shall exercise all the powers and manage and control all of the
19 affairs and property of the agency. The board shall have full
20 power to pass all necessary resolutions and rules for the
21 proper management and conduct of the business of the agency and
22 for carrying into effect the objects for which the agency was
23 established. The board shall have not less than one meeting
24 each year for the election of officers and the transaction of
25 any other business. Unless otherwise provided by this Act, the



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1 intergovernmental agreement, or the bylaws, an act of the
2 majority of the directors present at a meeting at which a
3 quorum is present is required for an act of the board.
4     (c) The board shall adopt bylaws that may include without
5 limitation the following provisions:
6         (1) the rights and obligations of members consistent
7     with the intergovernmental agreement and this Act;
8         (2) if not governed in the intergovernmental
9     agreement, then the manner of adding new members and the
10     rights and obligations of the members;
11         (3) the time, place, and date of the regular meeting or
12     meetings and the procedures for calling special meetings of
13     the board;
14         (4) procedural rules:
15         (5) the composition, powers, and responsibilities of
16     any committee or executive board;
17         (6) the criteria as called for in item (20) of Section
18     55 of this Act; and
19         (7) other rules or provisions for regulating the
20     affairs of the agency as the board shall determine to be
21     advisable.
22     Section 40. Filing. Within 3 months after the
23 organizational meeting, the board shall cause a certified copy
24 of the intergovernmental agreement to be filed with the
25 Secretary of State of Illinois. The Secretary of State shall



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1 accept such filing and issue a certificate of approval over his
2 or her signature and the Great Seal of the State. The Secretary
3 of State shall make and keep a register of agencies established
4 under this Act.
5     Section 45. Place of business. Every agency shall maintain
6 an office in the State of Illinois to be known as its principal
7 office. When an agency desires to change the location of such
8 office, it shall file with the Secretary of State a certificate
9 of change of location, stating the new address and the
10 effective date of change. Meetings of the board may be held at
11 any place within the State of Illinois designated by the board
12 after notice.
13     Section 50. Lawful expense of school district. Each member
14 shall have full power and authority to appropriate money from
15 its operation and maintenance fund, by whatever name now or
16 hereafter known, for the payment of the expenses of the agency
17 and of its representative in exercising its functions as a
18 member of the agency, which expenses may include payment of
19 principal of and interest on bonds of the agency for a period
20 not greater than 40 years after the dated date of any bonds.
21 Each member shall have full power and authority, subject to the
22 provisions of applicable law, to agree to the issuance and
23 delivery of school district bonds to aid the agency.



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1     Section 55. Powers and duties generally. An agency shall
2 have all the powers and duties enumerated in this Section in
3 furtherance of the purposes of this Act. In the exercise
4 thereof it shall be deemed to be performing an essential
5 governmental function and exercising a part of the sovereign
6 powers of the State of Illinois, separate and distinct from
7 member school districts, and shall have the privileges,
8 immunities, and rights of a public body politic and corporate,
9 municipal corporation, and unit of local government, but shall
10 not have taxing power. All powers of the agency shall be
11 exercised by its board unless otherwise provided by the bylaws.
12         (1) An agency may plan, finance, acquire, construct,
13     reconstruct, own, lease, operate, maintain, repair,
14     improve, extend, or otherwise participate in, individually
15     or jointly with other persons or other entities of any
16     type, one or more eligible projects, proposed, existing, or
17     under construction, within or without the State of
18     Illinois, acquire any interest in or any right to products
19     and services of an eligible project, purchase, own, sell,
20     dispose of, or otherwise participate in securities issued
21     in connection with the financing of an eligible project or
22     any portion thereof, create such subsidiary entity or
23     entities of any type as may be necessary or desirable, and
24     may act as agent, or designate one or more persons, public
25     agencies, or other entities of any type, whether or not
26     participating in an eligible project, to act as its agent,



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1     in connection with the planning, financing, acquisition,
2     construction, reconstruction, ownership, lease, operation,
3     maintenance, repair, extension, or improvement of the
4     eligible project.
5         (2) An agency may investigate the desirability of and
6     necessity for additional means of providing electrical
7     energy from wind sources of any kind for such purpose and
8     make studies, surveys, and estimates as may be necessary to
9     determine its feasibility and cost.
10         (3) An agency may cooperate with other persons, public
11     agencies, or other entities of any type in the development
12     of means of providing electrical energy from wind sources
13     of any kind for those purposes and give assistance with
14     personnel and equipment in any eligible project.
15         (4) An agency may structure the ownership and
16     investment in an eligible project in such a way as to
17     maximize the use of any available United States federal
18     incentives for such projects, including, but not limited
19     to, New Markets Tax Credits under Section 45D of the
20     Internal Revenue Code of 1986, as amended, or any successor
21     provision.
22         (5) An agency may apply for consents, authorizations,
23     or approvals required for any eligible project within its
24     powers and take all actions necessary to comply with the
25     conditions thereof.
26         (6) An agency may perform any act authorized by this



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1     Act through, or by means of, its officers, agents, or
2     employees or by contract with others, including without
3     limitation the employment of engineers, architects,
4     attorneys, appraisers, financial advisors, and such other
5     consultants and employees as may be required in the
6     judgment of the agency, and fix and pay their compensation
7     from funds available to the agency.
8         (7) An agency may, individually or jointly with other
9     persons, public agencies, or other entities of any type,
10     acquire, hold, use, and dispose of income, revenues, funds,
11     and money.
12         (8) An agency may, individually or jointly with other
13     persons, public agencies, or other entities of any type,
14     acquire, own, hire, use, operate and dispose of personal
15     property and any interest therein.
16         (9) An agency may, individually or jointly with other
17     persons, public agencies, or other entities of any type,
18     acquire, own, use, lease as lessor or lessee, operate, and
19     dispose of real property and interests in real property,
20     including eligible projects existing, proposed, or under
21     construction, and make improvements thereon.
22         (10) An agency may grant the use by franchise, lease,
23     or otherwise and make charges for the use of any property
24     or facility owned or controlled by it.
25         (11) An agency may borrow money and issue negotiable
26     bonds, secured or unsecured, in accordance with this Act.



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1         (12) An agency may invest money of the agency not
2     required for immediate use, including proceeds from the
3     sale of any bonds, in such obligations, securities, and
4     other investments as authorized by the provisions of the
5     Public Funds Investment Act.
6         (13) An agency may exercise the power of eminent domain
7     in the manner provided in the Eminent Domain Act, provided,
8     however, that any acquisition by eminent domain under this
9     subsection is limited in that it shall not be exercised in
10     the taking of any property, real or personal, of a public
11     agency or other entity of any type, including an electric
12     cooperative as defined in Section 3.4 of the Electric
13     Supplier Act, that owns, operates, or controls any plant or
14     equipment for the generation, transmission, or
15     distribution of electric power and energy in connection
16     with the furnishing thereof for sale or resale.
17         (14) An agency may determine the location and character
18     of, and all other matters in connection with, any and all
19     eligible projects it is authorized to acquire, hold,
20     establish, effectuate, operate, or control.
21         (15) An agency may contract with any persons, public
22     agencies, or other entities of any type for the planning,
23     development, construction, or operation of any eligible
24     project or for the sale, transmission, or distribution of
25     the products and services of any eligible project, or for
26     any interest therein or any right to the products and



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1     services thereof, on such terms and for such period not in
2     excess of 50 years of time as its board shall determine.
3         (16) An agency may enter into any contract or agreement
4     necessary, appropriate, or incidental to the effectuation
5     of its lawful purposes and the exercise of the powers
6     granted by this Act for a period not in excess of 50 years
7     in time, including without limitation contracts or
8     agreements for the purchase, sale, exchange, interchange,
9     wheeling, pooling, transmission, distribution, or storage
10     of electrical energy and fuel of any kind for any such
11     purposes, within and without the State of Illinois, in such
12     amounts as it shall determine to be necessary and
13     appropriate to make the most effective use of its powers
14     and to meet its responsibilities, on such terms and for
15     such period of time as its board determines. Any such
16     contract or agreement may include provisions for
17     requirements purchases, restraints on resale or other
18     dealings, exclusive dealing, pricing, territorial
19     division, and other conduct or arrangements that may have
20     an anti-competitive effect.
21         (17) An agency may procure insurance against any losses
22     in connection with its property, operations, or assets in
23     such amounts and from such insurers as it deems desirable
24     or may self-insure or enter into pooled insurance
25     arrangements with other school districts against such
26     losses.



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1         (18) An agency may contract for and accept any gifts or
2     grants or loans of funds or property or financial or other
3     aid in any form from any source and may comply, subject to
4     the provisions of this Act, with the terms and conditions
5     thereof.
6         (19) An agency may mortgage, pledge, or grant a
7     security interest in any or all of its real and personal
8     property to secure the payment of its bonds or contracts.
9         (20) That part of an eligible project owned by an
10     agency shall be exempt from property taxes.
11         (21) An agency shall not be subject to any taxes of the
12     State of Illinois based on or measured by income or
13     receipts or revenue.
14         (22) An agency may adopt a corporate seal and may sue
15     and be sued.
16         (23) An agency may exercise all other powers not
17     inconsistent with the Constitution of the State of Illinois
18     or the United States Constitution, which powers may be
19     reasonably necessary or appropriate for or incidental to
20     effectuate its authorized purposes or to the exercise of
21     any of the powers enumerated in this Act.
22     Section 60. Bonds. An agency may issue bonds pursuant to
23 applicable law and the following provisions:
24         (1) An agency may from time to time issue its bonds in
25     such principal amounts as the agency shall deem necessary



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1     to provide sufficient funds to carry out any of its
2     corporate purposes and powers, including without
3     limitation the acquisition, construction, or termination
4     of any eligible project to be owned or leased, as lessor or
5     lessee, by the agency, or the acquisition of any interest
6     therein or any right to the products or services thereof,
7     the funding or refunding of the principal of, redemption
8     premium, if any, and interest on, any bonds issued by it
9     whether or not such bonds or interest to be funded or
10     refunded have or have not become due, the payment of
11     engineering, legal and other expenses, together with
12     interest for a period of 3 years or to a date one year
13     subsequent to the estimated date of completion of the
14     project, whichever period is longer, the establishment or
15     increase of reserves to secure or to pay such bonds or
16     interest thereon, the providing of working capital and the
17     payment of all other costs or expenses of the agency
18     incident to and necessary or convenient to carry out its
19     corporate purposes and powers.
20         (2) Every issue of bonds of the agency shall be payable
21     out of the revenues or funds available to the agency,
22     subject to any agreements with the holders of particular
23     bonds pledging any particular revenues or funds. An agency
24     may issue types of bonds as it may determine, including
25     bonds as to which the principal and interest are payable
26     exclusively from the revenues from one or more projects, or



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1     from an interest therein or a right to the products and
2     services thereof, or from one or more revenue producing
3     contracts made by the agency, or its revenues generally.
4     Any such bonds may be additionally secured by a pledge of
5     any grant, subsidy, or contribution from any source or a
6     pledge of any income or revenues, funds, or moneys of the
7     agency from any source whatsoever.
8         (3) All bonds of an agency shall have all the qualities
9     of negotiable instruments under the laws of this State.
10         (4) Bonds of an agency shall be authorized by
11     resolution of its board and may be issued under such
12     resolution or under a trust indenture or other security
13     agreement, in one or more series, and shall bear the date
14     or dates, mature at a time or times within the estimated
15     period of usefulness of the project involved and in any
16     event not more than 40 years after the date thereof, bear
17     interest at such rate or rates without regard to any
18     limitation in any other law, be in such denominations, be
19     in such form, either coupon or registered, carry such
20     conversion, registration, and exchange privileges, have
21     such rank or priority, be executed in such manner, be
22     payable in such medium of payment at such place or places
23     within or without the State of Illinois, be subject to such
24     terms of redemption with or without premium, and contain or
25     be subject to such other terms as the resolution, trust
26     indenture, or other security agreement may provide, and



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1     shall not be restricted by the provisions of any other law
2     limiting the amounts, maturities, interest rates, or other
3     terms of obligations of units of local government or
4     private parties. The bonds shall be sold in a manner and at
5     such price as the board shall determine at private or
6     public sale.
7         (5) Bonds of an agency may be issued under the
8     provisions of this Act without obtaining the consent of any
9     department, division, commission, board, bureau, or agency
10     of the State of Illinois or of any member, except as may be
11     limited in an intergovernmental agreement, and without any
12     other proceeding or the happening of any other condition or
13     occurrence except as specifically required by this Act.
14         (6) The resolution, trust indenture, or other security
15     agreement under which any bonds are issued shall constitute
16     a contract with the holders of the bonds and may contain
17     provisions, among others, prescribing:
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 any 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;
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         such 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         without the State of Illinois, of such properties,
22         rights, powers, and duties in trust as the agency may
23         determine; or the limiting or abrogating of the rights
24         of the holders of any bonds to appoint a trustee, or
25         the limiting of the rights, powers, and duties of such
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 without the State of Illinois.
4         (7) For the security of bonds issued or to be issued by
5     an 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 an 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 an 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. An 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) An agency shall have power to purchase out of any
6     funds available therefor, bonds, and to hold for
7     re-issuance, pledge, cancel, or retire the bonds and
8     coupons prior to maturity, subject to and in accordance
9     with any agreements with the holders.
10         (10) The principal of and interest upon any bonds
11     issued by an agency shall be payable solely from the
12     revenue sources 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 agency
15     issuing the bond, that its principal and interest are
16     payable solely from revenues or funds of the agency and
17     that neither the State of Illinois nor any political
18     subdivision thereof, except the issuer, nor any school
19     district that is a member of the agency, is obligated to
20     pay the principal or interest on the bonds and that neither
21     the faith and credit nor the taxing power of the State of
22     Illinois or any such political subdivision thereof or of
23     any such school district is pledged to the payment of the
24     principal of or the interest on the bonds.
25     Section 65. Charges. An agency may establish, levy, and



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1 collect or may authorize, by contract, franchise, lease, or
2 otherwise, the establishment, levying, and collection of
3 rents, rates, and other charges for the products and services
4 afforded by the agency or by or in connection with any eligible
5 project or properties that it may construct, acquire, own,
6 operate, or control or with respect to which it may have any
7 interest or any right to the products and services thereof as
8 it may deem necessary, proper, desirable, or reasonable. Rents,
9 rates, and other charges shall be established so as to be
10 sufficient to meet the operation, maintenance, and other
11 expenses thereof, including reasonable reserves, interest, and
12 principal payments, including payments into one or more sinking
13 funds for the retirement of principal. An agency may pledge its
14 rates, rents, and other revenue, or any part thereof, as
15 security for the repayment, with interest and premium, if any,
16 of any moneys borrowed by it or advanced to it for any of its
17 authorized purposes and as security for the payment of amounts
18 due and owing by it under any contract.
19     Section 70. School districts may contract.
20     (a) In order to accomplish the purposes of this Act, a
21 school district may enter into and carry out contracts and
22 agreements for the sale, lease, or other use of property, real
23 or personal, cooperative provision of services, such as police
24 services, or the purchase of power from an agency, or
25 transmission services, development services, and other



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1 services.
2     (b) Any contract and agreement shall be for a period not to
3 exceed 50 years and shall contain other terms, conditions, and
4 provisions that are not inconsistent with the provisions of
5 this Act as the governing body of such school district shall
6 approve, including without limitation provisions whereby the
7 school district is obligated to pay for the products and
8 services of an agency without set-off or counterclaim and
9 irrespective of whether such products or services are
10 furnished, made available, or delivered to the school district,
11 or whether any project contemplated by any such contract and
12 agreement is completed, operable or operating, and
13 notwithstanding suspension, interruption, interference,
14 reduction, or curtailment of the products and services of the
15 project.
16     (c) Any contract and agreement may be pledged by the agency
17 to secure its obligations and may provide that if one or more
18 school districts defaults in the payment of its obligations
19 under such contract and agreement, the remaining school
20 districts having such contracts and agreements shall be
21 required to pay for and shall be entitled proportionately to
22 use or otherwise dispose of the products and services that were
23 to be purchased by the defaulting school district.
24     (c) Any contract and agreement providing for payments by a
25 school district shall be an obligation of the school district
26 payable from and secured by such lawfully available funds as



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1 may be made pursuant to applicable law. Notwithstanding the
2 sources of funds pledged, any contract between the agency and
3 its members with respect to an eligible project shall not
4 constitute an indebtedness of such members within any statutory
5 limitation.
6     (d) Nothing in this Act shall be construed to preclude a
7 school district from appropriating and using taxes and other
8 revenues received in any year to make payments due or to comply
9 with covenants to be performed during that year under any
10 contract or agreement for a term of years entered into as
11 contemplated in this Act, subject to the provisions of
12 applicable law.
13     (e) Any contract or agreement may include provisions for
14 requirements purchases, restraints on resale or other
15 dealings, exclusive dealing, pricing, territorial division,
16 and other conduct or arrangements that may have an
17 anti-competitive effect.
18     (f) Notwithstanding the provisions of any other law, in the
19 making of a contract or agreement between an agency and a
20 member, the director of the agency who represents such member
21 must recuse himself or herself from participation in
22 discussions or voting as director, but may participate and vote
23 in his or her capacity as an officer of the governing body of
24 such member, and such participation and voting shall not be a
25 conflict of interest.



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1     Section 90. The Eminent Domain Act is amended by adding
2 Section 15-5-50 as follows:
3     (735 ILCS 30/15-5-50 new)
4     Sec. 15-5-50. Eminent domain powers in New Acts. The
5 following provisions of law may include express grants of the
6 power to acquire property by condemnation or eminent domain:
7     School District Intergovernmental Cooperation Renewable Energy
8     Act; an agency organized and operating under that Act; for
9     eligible projects.
10     Section 97. Severability. The provisions of this Act are
11 severable under Section 1.31 of the Statute on Statutes.
12     Section 999. Effective date. This Act takes effect upon
13 becoming law.".