(70 ILCS 520/7.2) (from Ch. 85, par. 6157.2)
Sec. 7.2.
(a) Any unit of local government which receives funds from
the Department of Revenue, including without limitation funds received
pursuant to Sections 8-11-1, 8-11-1.4 or 8-11-5 of the Illinois Municipal
Code, the Home Rule County Retailers' Occupation Tax Act or the Home Rule
County Service Occupation Tax Act, Section 5.01 of the Local Mass Transit
District Act, Sections 2 or 12 of "An Act in relation to State revenue
sharing with local governmental entities", approved July 31, 1969, from the
Department of Transportation pursuant to Section 8 of the Motor Fuel Tax
Law, or from the State Superintendent of Education (directly or indirectly
through regional superintendents of schools) pursuant to Article 18 of The
School Code, or any unit of local government which receives other funds
which are at any time in the custody of the State Treasurer, the State
Comptroller, the Department of Revenue, the Department of Transportation or
the State Superintendent of Education may, by appropriate proceedings,
pledge to the Authority or any entity acting on behalf of the Authority
(including, without limitation, any trustee), any or all of such receipts
to the extent that such receipts are necessary to provide revenues to pay
the principal of, premium, if any, and interest on, and other fees related
to, or to secure, any of the local government securities of such unit of
local government which have been sold or delivered to the Authority or its
designee or to pay lease rental payments to be made by such unit of local
government to the extent that such lease rental payments secure the payment
of the principal of, premium, if any, and interest on, and other fees
related to, any local government securities which have been sold or
delivered to the Authority or its designee. Any pledge of such receipts
(or any portion thereof) shall constitute a first and prior lien thereon
and shall be binding from the time the pledge is made.
(b) Any such unit of local government may, by such proceedings, direct
that all or any of such pledged receipts payable to such unit of local
government be paid directly to the Authority or such other entity
(including, without limitation, any trustee) for the purpose of paying the
principal of, premium, if any, and interest on, and fees relating to, such
local government securities or for the purpose of paying such
lease rental payments to the extent
necessary to pay the principal of, premium, if any, and interest on, and
other fees related to, such local government securities secured by such
lease rental payments. Upon receipt of a certified copy of such
proceedings by the State Treasurer, the State Comptroller, the Department
of Revenue, the Department of Transportation or the State Superintendent of
Education, as the case may be, such Department or State Superintendent
shall direct the State Comptroller and State Treasurer to pay to, or on
behalf of, the Authority or such other entity (including, without
limitation, any trustee) all or such portion of the pledged receipts from
the Department of Revenue, or the Department of Transportation or the State
Superintendent of Education (directly or indirectly through regional
superintendents of schools), as the case may be, sufficient to pay the
principal of and premium, if any, and interest on, and other fees related
to, the local governmental securities for which the pledge was made or to
pay such lease rental payments securing such local government securities
for which the pledge was made. The proceedings shall constitute
authorization for such a directive to the State Comptroller to cause orders
to be drawn and to the State Treasurer to pay in accordance with such
directive. To the extent that the Authority or its designee notifies the
Department of Revenue, the Department of Transportation or the
State Superintendent of Education, as the case may be, that the unit of
local government has previously paid to the Authority or its designee the
amount of any principal,
premium, interest and fees payable from such pledged receipts, the State
Comptroller shall cause orders to be drawn and the State Treasurer shall
pay such pledged receipts to the unit of local government as if they were
not pledged receipts. To the extent that such receipts are pledged and
paid to the Authority or such other entity, any taxes which have been
levied or fees or charges assessed pursuant to law on account of the
issuance of such local government securities shall be paid to the unit of
local government
and may be used for the purposes which the pledged receipts would have been used.
(c) Any such unit of local government may, by such proceedings, direct that
such pledged receipts payable to such unit of local government be paid to
the Authority or such other entity (including without limitation any
trustee) upon a default in the payment of any principal of, premium, if
any, or interest on, or fees relating to, any of the local government
securities of such unit of local government which have been sold or
delivered to the Authority or its designee or any of the local government
securities which have been sold or delivered to the Authority or its
designee and which are secured by such lease rental payments. If such
local governmental security is in default as to the payment of principal
thereof, premium, if any, or interest thereon, or fees relating thereto, to the
extent that the State Treasurer, the State Comptroller, the Department of
Revenue, the Department of Transportation or the State Superintendent of
Education (directly or indirectly through regional superintendents of
schools) shall be the custodian at any time of any other available funds or
moneys pledged to the payment of such local government securities or such lease rental
payments securing such local government securities pursuant to this Section
and due or payable to such a unit of local government at any time
subsequent to written notice to the State Comptroller and State Treasurer
from the Authority or any entity acting on behalf of the Authority
(including, without limitation, any trustee) to the effect that such unit of
local government has not paid or is in default as to payment of the
principal of, premium, if any, or interest on, or fees relating to, any
local government security sold or delivered to the Authority or any such
entity (including, without limitation, any trustee) or has not paid or is in
default as to the payment of such lease rental payments securing the
payment of the principal of, premiums, if any, or interest on, or other
fees relating to, any local government security sold or delivered to the
Authority or such other entity (including, without limitation, any trustee):
(i) The State Comptroller and the State Treasurer |
(d) Upon the sale or delivery of any local government securities of the
Authority or its designee, the local government which issued such local
government securities shall be deemed to have agreed that upon its failure
to pay interest or premium, if any, on, or principal of, or fees relating
to, the local government securities sold or delivered to the Authority or
any entity acting on behalf of the Authority (including, without limitation,
any trustee) when payable, all statutory defenses to nonpayment are thereby
waived. Upon a default in the payment of principal of or interest on any
local government securities issued by a unit
of local government and sold or delivered to the Authority or its designee,
and upon demand on the unit of local government for payment, if the local
government securities are payable from property taxes and funds are not
legally available in the treasury of the unit of local government to make
payment, an action in mandamus for the levy of a tax by the unit of local
government to pay the principal of or interest on the local government
securities shall lie, and the Authority or such entity shall be constituted
a holder or owner of the local government securities as being in default.
Upon the occurrence of any failure or default with respect to any local
government securities issued by a unit of local government, the Authority
or such entity may thereupon avail itself of all remedies, rights and
provisions of law applicable in the circumstances, and the failure to
exercise or exert any rights or remedies within a time or period provided
by law may not be raised as a defense by the unit of local government.
(Source: P.A. 86-1455.)
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