(70 ILCS 910/23) (from Ch. 23, par. 1273)
Sec. 23.
In case any Hospital District organized hereunder shall be
coterminous with or shall include within its corporate limits in whole or
in part any pre-existing public agency authorized to own, operate and
maintain a public hospital and to levy taxes for any such purpose, then
such public agency shall cease to exercise any power in respect to
hospitals within such Hospital District from and after the date that it
receives written notice from the Director of Public Health to cease
operation of its hospital, which notice shall be given only after the
Director of Public Health has ascertained that the Hospital District has
placed its hospital facilities in operation, and such public agency shall
not thereafter own, operate, maintain, manage, control or have an interest
in any public hospital within the corporate limits of said Hospital
District. The Director of Public Health, upon request of the Board of
Directors of any Hospital District, shall ascertain whether its hospital
facilities are in operation so that it may supersede the power of any
public agency to operate a hospital within the boundaries of the District.
Where in any case any pre-existing public agency is in fact owning,
operating and maintaining a public hospital located within the corporate
limits of a Hospital District organized under this Act, such public agency
shall be paid and reimbursed, upon such terms as may be agreed upon by its
corporate authorities and the Board of Directors of such Hospital District,
its actual expenditures theretofore made in acquiring the land for any such
hospital and in acquiring, constructing, improving or developing any
existing hospital facilities, not including funds advanced for that purpose
or otherwise paid or expended either directly or indirectly by State or
Federal governments. The terms of payment shall provide for reimbursement
in full within not less than twenty years from the date of such agreement.
In case the amount and terms of reimbursement cannot be determined or
agreed upon between the corporate authorities of any existing public agency
and the Board of Directors of the Hospital District, the Board of Directors
of such Hospital District shall cause a description of the existing
hospital facilities to be made, together with an estimate of all actual
expenditures made by the public agency therefor and shall tender payment of
the total amount so estimated in writing to the corporate authorities of
such public agency. Such tender shall provide for payment by the District
of the amount tendered within ten years from date thereof, and that portion
of said sum to be paid on and after twelve months from the date of such
tender shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. In
case such a tender is not accepted in writing by the corporate authorities
of such public agency within thirty days after the same is made, the
Hospital District by its Board of Directors shall file a petition in the
Circuit Court of the county in which the Hospital District and such public
agency or the major portions thereof are situated, making such public
agency a party defendant thereto, setting forth a description of the
hospital facilities, the estimated amount of expenditures made by the
defendants thereon, the fact that a tender had been made for the payment of
the actual expenditures in accordance with the estimate, and praying that
it be determined by the Circuit Court the true amount of such expenditures
by said public agency. A copy of such petition shall be served upon the
presiding officer of such public agency within five days after filing of
the petition and upon presentation to the court of proof of such service
said petition shall be set down for hearing within not more than sixty days
from the date of filing said petition. The hearing thereon may be continued
from time to time upon the request of either party within the discretion of
the Circuit Court and upon the hearing the Circuit Court shall consider
such evidence as may be submitted by either party and shall determine the
amount of such actual expenditures made by the public agency for the
existing hospital facilities. The amount so determined shall be conclusive
as between said parties and shall be paid by the Hospital District within
five years after the entry of the order by the Circuit Court and that
portion of the amount which is not to be paid within twelve months from
date of the order shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, and the public
agency shall accept said sums in full payment for all
existing hospital facilities owned by it and said public agency shall from
and after the entry of the order of the Circuit Court and receipt of notice
from the Director of Public Health cease to exercise any power in respect
to public hospitals within the corporate limits of the said Hospital
District.
Any money received by a public agency pursuant to this section shall be
used to discharge any debt resulting from the construction, operation or
maintenance of its public hospital, and the balance shall be used for its
general corporate purposes.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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