Full Text of HB1324 97th General Assembly
HB1324eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by changing Sections 5.2 and 9.6a as follows:
| 6 | | (70 ILCS 2605/5.2) (from Ch. 42, par. 324L)
| 7 | | Sec. 5.2. Definitions. Where used in this law, "budget | 8 | | year" shall mean the fiscal year
for which a budget is made. | 9 | | "Current year" shall mean the fiscal year in
progress, i.e., | 10 | | the fiscal year next preceding the budget year. "Preceding
| 11 | | year" shall mean the fiscal year preceding the current year.
| 12 | | The "Clerk" shall mean that officer so designated as | 13 | | provided in Section 4.
| 14 | | "Fund" shall mean a sum of money or other resources set | 15 | | aside for the
purpose of carrying on specific activities or | 16 | | attaining certain objectives
in accordance with special | 17 | | regulations, restrictions, or limitations. A
fund shall be a | 18 | | distinct financial or fiscal entity.
| 19 | | "Accountant" shall mean a public accountant or certified | 20 | | public
accountant licensed under the laws of this State.
| 21 | | "Expenditure" shall mean the amount of obligations | 22 | | incurred either
paid or to be paid from the appropriations for | 23 | | the budget year for all
purposes, including current expenses, |
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| 1 | | retirement of debt, and capital outlays.
| 2 | | "Disbursement" shall mean the actual payment in cash for | 3 | | any purpose.
| 4 | | "Receipt" shall mean cash actually received and shall | 5 | | include
appropriable cash on hand at the beginning of any | 6 | | specified year.
| 7 | | "Estimated receipt" shall mean cash estimated to be | 8 | | received within
the budget year and shall include the cash | 9 | | surplus estimated to be
appropriable at the beginning of the | 10 | | budget year.
| 11 | | "Cash basis" shall mean that system of accounting wherein | 12 | | revenues
are accounted for when received in cash and | 13 | | expenditures are accounted
for when paid.
| 14 | | "Accrual basis" shall mean that system of accounting | 15 | | wherein revenues
are accounted for when earned or due, even | 16 | | though not collected, and
expenditures are accounted for as | 17 | | soon as liabilities are incurred,
whether paid or not.
| 18 | | "Function" (activity) of expenditure shall mean the | 19 | | particular
purpose or group of services aimed at accomplishing | 20 | | a certain end for
which an expenditure is made.
| 21 | | "Line Item" or item shall mean a particular type of | 22 | | expenditure
within a class or related group of such | 23 | | expenditures, i. e., testing
service, hospital service, towel | 24 | | and laundry service, within the class
titled "Impersonal | 25 | | Services."
| 26 | | "Object" of expenditure shall mean specific articles, or |
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| 1 | | classes of
things for which an expenditure is made, i. e., | 2 | | personal services,
impersonal services, materials and | 3 | | supplies, machinery and equipment,
fixed charges and any such | 4 | | other classes of articles or things as may be
desirable.
| 5 | | "Character" of expenditure shall refer to the relationship | 6 | | of total
expenditures to current, prior, and future fiscal | 7 | | periods, i. e.,
whether the expenditure is a current expense, | 8 | | provision for the
retirement of debt, or a capital outlay.
| 9 | | "Organization units" shall be the administrative units of | 10 | | the
district, i. e., departments, major sewage treatment | 11 | | plants, and such
other operating units or groups of operating | 12 | | units as may be deemed
desirable by the authorities of the | 13 | | Sanitary District.
| 14 | | The "committee on finance" shall be any
committee so | 15 | | appointed and so designated by the board of commissioners for
| 16 | | the purpose of considering financial matters affecting the | 17 | | district.
| 18 | | "Sinking Fund Requirements" shall mean the amounts that | 19 | | will be
needed to pay interest on and principal of bonds.
| 20 | | "Construction Fund" shall mean the amounts to be used for | 21 | | paying the
costs incurred for construction purposes.
| 22 | | "Construction Purposes" shall mean the replacement, | 23 | | remodeling,
completion, alteration, construction, and | 24 | | enlargement, including
alterations, enlargements and | 25 | | replacements which will add appreciably to
the value, utility, | 26 | | or the useful life of sewage treatment works , administrative |
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| 1 | | buildings, or flood
control facilities , or water quality | 2 | | improvement projects, and
additions therefor, pumping | 3 | | stations, tunnels, conduits and intercepting
sewers connecting | 4 | | therewith, and outlet sewers together with the
equipment and | 5 | | appurtenances necessary thereto, and for the acquisition
of the | 6 | | sites and rights of way necessary thereto, and for engineering
| 7 | | expenses for designing and supervising the construction of the | 8 | | works
above described, and for removal of the rock ledge in the | 9 | | bed of the Des
Plaines River (Illinois Waterway) through the | 10 | | City of Joliet.
| 11 | | Prior to the commencing of work involved in the removal of | 12 | | the rock ledge
in the bed of the Des Plaines River formal | 13 | | approval shall be obtained for
the design and plans for | 14 | | accomplishing this work from the Corps of Engineers,
U. S. | 15 | | Army, and the State of Illinois Department of Natural | 16 | | Resources.
| 17 | | The Metropolitan Sanitary District of Greater Chicago, its | 18 | | agents, successors
or assigns shall save the State of Illinois | 19 | | harmless from any and all claims
of whatever nature which may | 20 | | arise as a result of or in consequence of any
work which may be | 21 | | performed by the District.
| 22 | | The rights, powers, and authorities granted in this Act | 23 | | shall be subject
to the provisions of Section 18 of the Rivers, | 24 | | Lakes, and Streams Act.
| 25 | | It is the intent and purpose of this Act to provide a legal | 26 | | basis which
will authorize and require all Sanitary Districts |
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| 1 | | organized under the
provisions hereof to make and execute the | 2 | | budgets of their Corporate Funds
and Construction Funds in such | 3 | | manner that the budgets may be planned and
balanced with | 4 | | receipts on an actual cash basis and expenditures on an
accrual | 5 | | basis, and all definitions, terms, provisions and procedures | 6 | | set
forth in this Act shall be thus construed as applied to | 7 | | corporate funds and
construction funds.
| 8 | | (Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07.)
| 9 | | (70 ILCS 2605/9.6a) (from Ch. 42, par. 328.6a)
| 10 | | Sec. 9.6a. Bonds for sewage treatment and water quality | 11 | | improvements. The corporate authorities of a sanitary | 12 | | district, in
order to provide funds required for the replacing, | 13 | | remodeling,
completing, altering, constructing and enlarging | 14 | | of sewage treatment
works, administrative buildings, water | 15 | | quality improvement projects, or flood control facilities, and | 16 | | additions therefor, pumping
stations, tunnels, conduits, | 17 | | intercepting sewers and outlet sewers,
together with the | 18 | | equipment, including air pollution equipment, and
| 19 | | appurtenances thereto, to acquire property, real, personal or | 20 | | mixed,
necessary for said purposes, for costs and expenses for | 21 | | the acquisition
of the sites and rights-of-way necessary | 22 | | thereto, and for engineering
expenses for designing and | 23 | | supervising the construction of such works,
may issue on or | 24 | | before December 31, 2024, in addition to all
other obligations | 25 | | heretofore or herein authorized, bonds, notes or
other |
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| 1 | | evidences of indebtedness for such purposes in an aggregate
| 2 | | amount at any one time outstanding not to exceed 3.35% of the | 3 | | equalized
assessed valuation of all taxable property within the | 4 | | sanitary district,
to be ascertained by the last assessment for | 5 | | State and local taxes
previous to the issuance of any such | 6 | | obligations. Such obligations shall be
issued without | 7 | | submitting the question of such issuance to the legal voters
of | 8 | | such sanitary district for approval.
| 9 | | The corporate authorities may sell such obligations at | 10 | | private or
public sale and enter into any contract or agreement | 11 | | necessary, appropriate
or incidental to the exercise of the | 12 | | powers granted by this Act, including,
without limitation, | 13 | | contracts or agreements for the sale and purchase of
such | 14 | | obligations and the payment of costs and expenses incident | 15 | | thereto.
The corporate authorities may pay such costs and | 16 | | expenses, in whole or in
part, from the corporate fund.
| 17 | | Such obligations shall be issued from time to time only in | 18 | | amounts as may
be required for such purposes but the amount of | 19 | | such obligations issued during
any one budget year shall not | 20 | | exceed $150,000,000 plus
the amount of any obligations | 21 | | authorized by this Act to be issued during the 3
budget years | 22 | | next preceding the year of issuance but which were not issued,
| 23 | | provided, however, that this limitation shall not be applicable | 24 | | (i) to the issuance
of obligations to refund bonds, notes or | 25 | | other evidences of indebtedness,
(ii) to obligations issued to | 26 | | provide for the repayment of money received
from the Water |
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| 1 | | Pollution Control Revolving Fund for the construction or
repair | 2 | | of wastewater treatment works, and (iii) to obligations issued | 3 | | as part of the American Recovery and Reinvestment Act of 2009, | 4 | | issued prior to January 1, 2011, that are commonly known as | 5 | | "Build America Bonds" as authorized by Section 54AA of the | 6 | | Internal Revenue Code of 1986, as amended. Each ordinance | 7 | | authorizing the
issuance of the obligations shall state the | 8 | | general purpose or purposes for
which they are to be issued, | 9 | | and the corporate authorities may at any time
thereafter pass | 10 | | supplemental appropriations ordinances appropriating the
| 11 | | proceeds from the sale of such obligations for such purposes.
| 12 | | The corporate authorities may issue bonds, notes or other | 13 | | evidences of
indebtedness in an amount necessary to provide | 14 | | funds to refund outstanding
obligations issued pursuant to this | 15 | | Section, including interest accrued or
to accrue thereon.
| 16 | | (Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07; | 17 | | 96-828, eff. 12-2-09; 96-1308, eff. 1-1-11.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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