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70 ILCS 2605/9.6c
(70 ILCS 2605/9.6c)
Local Government Assistance Program; bonds.
(a) The General Assembly finds that governmental units located within the
boundaries of the district require assistance in financing the cost of repair,
replacement, reconstruction, and rehabilitation of local sewer collection
systems to reduce certain excessive sanitary sewer groundwater inflows; that
such inflows ultimately result in increased need for treatment and storage
facilities of the district; and that the district, in the discretion of its
commissioners, advantageously may provide loan funds for such purposes.
(b) For purposes of this Section, the following terms shall have the
meanings set forth, as follows:
The following terms shall have the meanings given to
them in the Local Government Debt Reform Act: (A) "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D) "general obligation bonds"; (E) "governmental unit"; (F) "ordinance"; and (G) "revenue source".
"Assistance bonds" means the bonds to be issued by
the district to provide funds for the program as authorized in subsection (f) of this Section.
"Assistance program" means the program authorized in
this Section by which the district may make loans to local governmental units for any one or more of the following undertaken with respect to the repair, replacement, reconstruction, and rehabilitation of local sewer collection systems: preliminary planning, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building acquisition, alteration, remodeling, or improvement of such collection systems, or the inspection or supervision of any of the foregoing.
"Loan" means a loan made by the district to a local
governmental unit under the assistance program.
"Local governmental unit" means a governmental unit
within the boundaries of the district.
"Reconstruction" shall include the construction of
totally new lines or systems if reasonably designed to replace obsolete lines or systems.
(c) The commissioners may establish an assistance program.
(d) The commissioners are authorized to do any one or more of the following
with respect to the assistance program:
(1) Establish the assistance program as a use or
appropriation within the corporate fund of the district.
(2) Accept grants, borrow funds, and appropriate
lawfully available funds for the purpose of funding the assistance program.
(3) Make the loans as provided in subsection (e).
(4) Enforce loans with all available remedies as any
governmental unit or private person might have with respect to such loans.
(e) The district shall have the power to make loans and local governmental
units shall have the power to obtain loans from the district, but only if
authorized to borrow under such powers as may be granted to such local
governmental units under other applicable law. This Section does not grant
local governmental units separate borrowing power. If authorized to issue
bonds under such applicable law, however, the form of the borrowing may be such
as the district and the local governmental unit may agree, including, without
limitation, a loan agreement made between the district and local governmental
unit to evidence the bond. Any such loan agreement shall state the statutory
authority under applicable law for the bond it represents but otherwise need
not be in any specific form. The district shall have all rights and remedies
available to the holder of a bond otherwise issued in the form provided for
same under applicable law and also such rights and remedies as may be
additionally available under subsection (d)(4) of this Section.
The loans may be made upon such terms and at such rates, including expressly
below market rates, representing a subsidy of funds from the district to the
local governmental units, as the district may specify in the loan agreements.
(f) The district may borrow money and issue its
assistance bonds under this Section 9.6c for the purpose of funding the
assistance program, which bonds shall be alternate bonds payable from any
lawfully available revenue source, including without limitation receipts
from the loans.
(Source: P.A. 98-652, eff. 6-18-14.)