(55 ILCS 5/5-1047) (from Ch. 34, par. 5-1047)
Sec. 5-1047.
Garbage, waste and refuse facilities.
A county board may
furnish grounds or other facilities for the disposal, treatment or
recycling of garbage, waste and refuse by sanitary landfill methods or
other appropriate technologies and may charge a reasonable fee
on the basis of weight for disposal, treatment or recycling at such
facility, and may acquire property necessary or appropriate for
such disposal grounds or other facilities. The county board may issue and sell
revenue bonds, payable solely from revenues or income derived from the
operation of such dumping or disposal grounds, or other facilities for the
purpose of acquiring, furnishing and operating such garbage and refuse
disposal grounds and other facilities and their improvement or extension
from time to time and of paying cost thereof including engineering,
inspection, legal and financial fees and costs, working capital, interest
on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds and all other expenditures
of the county incidental and necessary or convenient thereto. In addition
the county board may from time to time issue revenue bonds to refund any
such bonds at maturity or pursuant to redemption provisions or, with the
consent of the holders, at any time before maturity.
Bonds issued under this Section must be authorized by ordinance adopted
by the county board. To secure payment of such bonds, the ordinance shall
set forth the covenants and undertakings of the county in connection with
the issuance thereof, and the issuance of additional bonds payable from the
revenues or income to be derived from the operation of any grounds or other
facilities for the disposal or recycling of refuse, as the case may be, as
well as the use and operation thereof. No such bonds may be payable from
taxes nor constitute an indebtedness of the county within the meaning of
constitutional provisions and limitations, and such fact shall be plainly
stated on each bond.
Such bonds shall bear such date or dates, mature at such time or
serially at such times not more than 40 years from their respective dates,
may bear interest at a rate not exceeding the rate specified in
the general interest rate law for units of local government, per year, payable
semi-annually, may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be subject to redemption in such manner, and upon such terms with or
without premium as is stated on the face thereof, and may be executed in
such manner by such officers and may contain such terms and covenants, all
as provided by the ordinance authorizing the issue.
Such bonds shall be sold in such manner as the board determines.
Notwithstanding the form or tenor thereof, all such bonds are negotiable
unless it is expressly stated on their face that they are non-negotiable.
If any officer whose signature appears on such bonds or on coupons
attached thereto is no longer an officer when the bonds are delivered to
the purchaser, the signature is nevertheless valid and sufficient for all
purposes to the same effect as if that officer was in office when the bonds
were delivered.
In order to secure repayment of revenue bonds issued to finance
regional pollution control facilities, to further this State's policies and
purposes, to advance the public purposes served by resource recovery, and
to authorize the implementation of those solid waste management policies
counties deem in the public interest, any county which has prepared a solid
waste management plan or is a signatory to a plan providing for the
management of solid waste generated by more than one county or
municipality, shall have the authority to require by ordinance, license,
contract or other means that all or any portion of solid waste, garbage,
refuse and ashes generated within the unincorporated areas of a county be
delivered to a regional pollution control facility designated by the county
board or a transfer station serving such facility for treatment or disposal
of such material. Such ordinance, license, contract or other means may be
utilized by a county to ensure a constant flow of solid waste to the
facility notwithstanding the fact that competition may be displaced or that
such measures have an anti-competitive effect. A county may contract with
private industry to operate the designated facility and may enter into
contracts with private firms or local governments for the delivery of waste
to the facility. Signatories to a solid waste management plan shall have
the right of first access to the capacity of the facility notwithstanding
such contracts with private firms or other units of local government.
(Source: P.A. 86-962; 86-1028.)
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