State of Illinois
90th General Assembly
Legislation

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90_SB1869

      70 ILCS 2605/8            from Ch. 42, par. 327
      70 ILCS 2605/9.6c new
      70 ILCS 2605/9.8          from Ch. 42, par. 328.8
          Amends the Metropolitan Water Reclamation  District  Act.
      Authorizes   the   District  to  create  a  Local  Government
      Assistance Program for the purpose of making loans  to  units
      of local government to finance improvements to local sewerage
      systems.   Authorizes  the District to issue bonds to finance
      the program.  Provides that the bonds may be payable from any
      available  revenues   of   the   District,   including   loan
      repayments.  Deletes certain provisions relating to the Local
      Improvement  Revolving Loan Fund and the sale of surplus real
      estate.  Also makes a technical correction  to  the  list  of
      bonds  that may be issued by the District without referendum,
      adding  a  cross  reference  to  the  Section   under   which
      construction   working   cash   fund  bonds  may  be  issued.
      Effective immediately.
                                                    LRB9011558EGfgA
                                              LRB9011558EGfgA
 1        AN ACT in relation to the Metropolitan Water  Reclamation
 2    District.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Metropolitan Water  Reclamation  District
 6    Act  is  amended  by  changing  Sections 8 and 9.8 and adding
 7    Section 9.6c as follows:
 8        (70 ILCS 2605/8) (from Ch. 42, par. 327)
 9        (Text of Section before amendment by P.A. 90-568)
10        Sec. 8. Except as otherwise in  this  Act  provided,  the
11    sanitary district may acquire by lease, purchase or otherwise
12    within  or  without  its corporate limits, or by condemnation
13    within its corporate limits, any and all  real  and  personal
14    property, right of way and privilege that may be required for
15    its  corporate  purposes.  All  moneys  for  the purchase and
16    condemnation of any property must be paid  before  possession
17    is  taken,  or  any  work done on the premises. In case of an
18    appeal from the Court in which the  condemnation  proceedings
19    are  pending,  taken  by  either party, whereby the amount of
20    damages is not finally determined, the amount of the judgment
21    in the court shall be deposited with the county treasurer  of
22    the  county in which the judgment is rendered, subject to the
23    payment of damages on orders signed by the judge whenever the
24    amount of damages is finally determined.
25        Upon recommendation of  the  general  superintendent  and
26    upon  the  approval of the board of trustees when any real or
27    personal property, right of way or privilege or any  interest
28    therein,  or any part thereof of such sanitary district is no
29    longer required for the corporate purposes  of  the  sanitary
30    district  it  may  be  sold, vacated or released. Such sales,
31    vacations, or releases may be made subject to such conditions
                            -2-               LRB9011558EGfgA
 1    and the retention of such interest therein as may  be  deemed
 2    for   the   best   interest  of  such  sanitary  district  as
 3    recommended by the general superintendent and approved by the
 4    board of trustees.
 5        However, the sanitary district may enter into a lease  of
 6    a  building or a part thereof, or acquire title to a building
 7    already constructed or to be constructed, for the purpose  of
 8    securing   office  space  for  its  administrative  corporate
 9    functions, the period of such lease not to  exceed  15  years
10    except  as authorized by the provisions of Section 8b of this
11    Act.  In the event of  the  purchase  of  such  property  for
12    administrative corporate functions, the sanitary district may
13    execute  a mortgage or other documents of indebtedness as may
14    be required for the unpaid balance, to be paid  in  not  more
15    than  15  annual  installments.  Annual  installments  on the
16    mortgage or annual payment on the lease shall be considered a
17    current corporate expense of the year in which they are to be
18    paid, and the amount of such annual  installment  or  payment
19    shall  be  included in the Annual Appropriation and Corporate
20    Tax  Levy  Ordinances.  Such   expense   may   be   incurred,
21    notwithstanding  the provisions, if any applicable, contained
22    in any other Sections of this Act.
23        The sanitary district may  dedicate  to  the  public  for
24    highway purposes any of its real property and the dedications
25    may  be  made subject to such conditions and the retention of
26    such interests therein as considered in the best interests of
27    the  sanitary  district  by  the  board  of   trustees   upon
28    recommendation of the general superintendent.
29        The  sanitary district may lease to others for any period
30    of time, not to exceed 99 years, upon the terms as its  board
31    of trustees upon recommendation of the general superintendent
32    may  determine,  any  such  real  property,  right-of-way  or
33    privilege, or any interest therein or any part thereof, which
34    is  in  the  opinion  of  the  board  of trustees and general
                            -3-               LRB9011558EGfgA
 1    superintendent of the sanitary district  no  longer  required
 2    for  its  corporate  purposes or which may not be immediately
 3    needed  for  such  purposes.  The  leases  may  contain  such
 4    conditions and retain such interests therein as considered in
 5    the best interests of the sanitary district by the  board  of
 6    trustees  upon  recommendation of the general superintendent.
 7    Negotiations and execution of  such  leases  and  preparatory
 8    activities  in  connection therewith must comply with Section
 9    8c of this Act. The sanitary district may grant easements and
10    permits for the use of any such real property,  right-of-way,
11    or  privilege,  which will not in the opinion of the board of
12    trustees and general superintendent of the sanitary  district
13    interfere  with  the use thereof by the sanitary district for
14    its  corporate  purposes.  Such  easements  and  permits  may
15    contain such conditions and retain such interests therein  as
16    considered  in the best interests of the sanitary district by
17    the board of trustees  upon  recommendation  of  the  general
18    superintendent.
19        No sales, vacations, dedications for highway purposes, or
20    leases  for  periods  in  excess of 5 years, of the following
21    described real estate, may be made or granted by the sanitary
22    district without the approval in writing of the  Director  of
23    Natural Resources of the State of Illinois:
24        All  the  right-of-way  of the Calumet-Sag Channel of the
25    sanitary district extending from  the  Little  Calumet  River
26    near  Blue  Island, Illinois, to the right-of-way of the main
27    channel of the sanitary district near Sag, Illinois.
28        Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
29    89a, 90, 91, 130, 132, 133, those parts of Lots 134  and  139
30    lying  northeasterly  of  a  tract of land leased to the Corn
31    Products Manufacturing  Company  from  January  1,  1908,  to
32    December  31,  2006; 1000 feet of Lot 141 lying southwesterly
33    of and adjoining the above mentioned  leased  tract  measured
34    parallel with the main channel of the sanitary district; Lots
                            -4-               LRB9011558EGfgA
 1    166,  168,  207, 208, and part of Lot 211 lying northeasterly
 2    of a line 1500 feet  southwesterly  of  the  center  line  of
 3    Stephen  Street,  Lemont,  Illinois,  and  parallel with said
 4    street measured parallel with said main channel; and Lot  212
 5    of the Sanitary District Trustees Subdivision of right-of-way
 6    from  the north and south center line of Section 30, Township
 7    39 North, Range 14 East of the Third Principal  Meridian,  to
 8    Will County line.
 9        That  part of the right-of-way of the main channel of the
10    sanitary district in Section 14, Township 37 North, Range  11
11    East of the Third Principal Meridian, lying southerly of said
12    main  channel, northerly of the Northerly Reserve Line of the
13    Illinois and Michigan Canal, and westerly of the Center  line
14    of the old channel of the Des Plaines River.
15        That  part  of  said main channel right-of-way in Section
16    35, Township 37 North, Range 10 East of the  Third  Principal
17    Meridian, lying east of said main channel and south of a line
18    1,319.1  feet  north  of  and parallel with the south line of
19    said Section 35.
20        That part  of  said  main  channel  right-of-way  in  the
21    northeast  quarter  of  the  northwest  quarter of Section 2,
22    Township 36 North, Range  10  East  of  the  Third  Principal
23    Meridian, lying east of said main channel.
24        That  part  of said main channel right-of-way lying south
25    of Ninth Street in Lockport, Illinois.
26        The sanitary district may sell real estate  that  (i)  is
27    not  necessary for the functions of the district and (ii) has
28    been declared surplus by the district's governing body.   The
29    proceeds  from  the  sale  of  the surplus real estate may be
30    deposited into a revolving fund that shall be  known  as  the
31    Local Improvement Revolving Loan Fund.  The sanitary district
32    shall  establish  a  Local  Improvement  Loan Program to make
33    loans from the  Local  Improvement  Revolving  Loan  Fund  to
34    municipalities  to  rehabilitate  the  local sewerage systems
                            -5-               LRB9011558EGfgA
 1    within  their  boundaries.   The  sanitary   district   shall
 2    establish   reasonable   rules  to  administer  the  program,
 3    including without limitation criteria for the eligibility for
 4    a loan and the interest rate.  The interest rate  established
 5    by the district must be lower than the market rate.
 6        Notwithstanding any other law, if any surplus real estate
 7    is  located  in  an unincorporated territory and if that real
 8    estate is contiguous to only one municipality, 60 days before
 9    the sale of that real estate,  the  sanitary  district  shall
10    notify in writing the contiguous municipality of the proposed
11    sale.  Prior to the sale of the real estate, the municipality
12    shall  notify  in  writing  the  sanitary  district  that the
13    municipality will or will not annex the surplus real  estate.
14    If  the  contiguous municipality will annex such surplus real
15    estate, then coincident with the completion of  the  sale  of
16    that  real  estate by the sanitary district, that real estate
17    shall   be   automatically   annexed   to   the    contiguous
18    municipality.
19        All  sales  of  real estate by the such sanitary district
20    must be for cash, to the highest bidder upon open competitive
21    bids, and the proceeds of the sales, except the proceeds from
22    the sale of surplus real estate, may be  used  only  for  the
23    construction and equipment of sewage disposal plants, pumping
24    stations  and  intercepting sewers and appurtenances thereto,
25    and the acquisition of sites and easements therefor, and  the
26    financing   of   the   Local  Government  Assistance  Program
27    established under Section 9.6c.
28        However, the sanitary district may:
29        (a)  Remise, release, quit claim and convey, without  the
30    approval  of the Department of Natural Resources of the State
31    of Illinois acting by and through its Director, to the United
32    States of  America  without  any  consideration  to  be  paid
33    therefor,  in  aid of the widening of the Calumet-Sag Channel
34    of the sanitary district by the United States of America, all
                            -6-               LRB9011558EGfgA
 1    those certain lands, tenements  and  hereditaments  of  every
 2    kind   and   nature   of  that  portion  of  the  established
 3    right-of-way of the Calumet-Sag Channel  lying  east  of  the
 4    east  line  of  Ashland Avenue, in Blue Island, Illinois, and
 5    south of the center line of the channel except  such  portion
 6    thereof as is needed for the operation and maintenance of and
 7    access   to  the  controlling  works  lock  of  the  sanitary
 8    district;
 9        (b)  Without the approval of the  Department  of  Natural
10    Resources  of the State of Illinois acting by and through its
11    Director, give and grant to  the  United  States  of  America
12    without  any  consideration  to  be  paid therefor the right,
13    privilege and authority to widen the Calumet-Sag Channel  and
14    for  that  purpose  to enter upon and use in the work of such
15    widening and for the disposal of  spoil  therefrom  all  that
16    part  of the right-of-way of the Calumet-Sag Channel owned by
17    the sanitary district lying south of the center line  of  the
18    Calumet-Sag Channel from its connection with the main channel
19    of  the  sanitary district to the east line of Ashland Avenue
20    in Blue Island, Illinois;
21        (c)  Make alterations to any structure made necessary  by
22    such  widening  and  to  construct,  reconstruct or otherwise
23    alter the existing highway bridges of the  sanitary  district
24    across the Calumet-Sag Channel;
25        (d)  Give  and  grant  to  the  United  States of America
26    without any consideration to be paid therefor  the  right  to
27    maintain   the   widened   Calumet-Sag  Channel  without  the
28    occupation or use of or jurisdiction over any property of the
29    sanitary district adjoining  and  adjacent  to  such  widened
30    channel;
31        (e)  Acquire   by   lease,   purchase,   condemnation  or
32    otherwise, whatever land, easements or  rights  of  way,  not
33    presently  owned  by  it,  that may be required by the United
34    States of America in constructing the Calumet-Sag  Navigation
                            -7-               LRB9011558EGfgA
 1    Project, as approved in Public Law 525, 79th Congress, Second
 2    Session  as  described in House Document No. 677 for widening
 3    and dredging the Calumet-Sag Channel, in improving the Little
 4    Calumet River between the eastern end of the Sag Channel  and
 5    Turning  Basin  No.  5,  and  in  improving the Calumet River
 6    between Calumet Harbor and Lake Calumet;
 7        (f)  Furnish free of cost to the United States all lands,
 8    easements, rights-of-way and soil  disposal  areas  necessary
 9    for the new work and for subsequent maintenance by the United
10    States;
11        (g)  Provide   for   the  necessary  relocations  of  all
12    utilities.
13        Whatever land  acquired  by  the  sanitary  district  may
14    thereafter  be  determined  by  the  Board  of  Trustees upon
15    recommendation of the general  superintendent  as  not  being
16    needed  by the United States for the purposes of constructing
17    and maintaining the Calumet-Sag Navigation Project  as  above
18    described, shall be retained by the sanitary district for its
19    corporate  purposes,  or  be sold, with all convenient speed,
20    vacated or released (but not leased) as its Board of Trustees
21    upon  recommendation  of  the  general   superintendent   may
22    determine: All sales of such real estate must be for cash, to
23    the  highest  bidder  upon  open,  competitive  bids, and the
24    proceeds of the sales may be used only  for  the  purpose  of
25    paying  principal  and  interest upon the bonds authorized by
26    this Act, and if no  bonds  are  then  outstanding,  for  the
27    purpose  of  paying  principal  and interest upon any general
28    obligation bonds of the sanitary district, and for  corporate
29    purposes  of  the  sanitary  district.  When the proceeds are
30    used to pay bonds and interest,  proper  abatement  shall  be
31    made in the taxes next extended for such bonds and interest.
32    (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)
33        (Text of Section after amendment by P.A. 90-568)
34        Sec.  8.  Except  as  otherwise in this Act provided, the
                            -8-               LRB9011558EGfgA
 1    sanitary district may acquire by lease, purchase or otherwise
 2    within or without its corporate limits,  or  by  condemnation
 3    within  its  corporate  limits, any and all real and personal
 4    property, right of way and privilege that may be required for
 5    its corporate purposes.  All  moneys  for  the  purchase  and
 6    condemnation  of  any property must be paid before possession
 7    is taken, or any work done on the premises.  In  case  of  an
 8    appeal  from  the Court in which the condemnation proceedings
 9    are pending, taken by either party,  whereby  the  amount  of
10    damages is not finally determined, the amount of the judgment
11    in  the court shall be deposited with the county treasurer of
12    the county in which the judgment is rendered, subject to  the
13    payment of damages on orders signed by the judge whenever the
14    amount of damages is finally determined.
15        Upon  recommendation  of  the  general superintendent and
16    upon the approval of the board of trustees when any  real  or
17    personal  property, right of way or privilege or any interest
18    therein, or any part thereof of such sanitary district is  no
19    longer  required  for  the corporate purposes of the sanitary
20    district it may be sold, vacated  or  released.  Such  sales,
21    vacations, or releases may be made subject to such conditions
22    and  the  retention of such interest therein as may be deemed
23    for  the  best  interest  of  such   sanitary   district   as
24    recommended by the general superintendent and approved by the
25    board of trustees.
26        However,  the sanitary district may enter into a lease of
27    a building or a part thereof, or acquire title to a  building
28    already  constructed or to be constructed, for the purpose of
29    securing  office  space  for  its  administrative   corporate
30    functions,  the  period  of such lease not to exceed 15 years
31    except as authorized by the provisions of Section 8b of  this
32    Act.   In  the  event  of  the  purchase of such property for
33    administrative corporate functions, the sanitary district may
34    execute a mortgage or other documents of indebtedness as  may
                            -9-               LRB9011558EGfgA
 1    be  required  for  the unpaid balance, to be paid in not more
 2    than 15  annual  installments.  Annual  installments  on  the
 3    mortgage or annual payment on the lease shall be considered a
 4    current corporate expense of the year in which they are to be
 5    paid,  and  the  amount of such annual installment or payment
 6    shall be included in the Annual Appropriation  and  Corporate
 7    Tax   Levy   Ordinances.   Such   expense  may  be  incurred,
 8    notwithstanding the provisions, if any applicable,  contained
 9    in any other Sections of this Act.
10        The  sanitary  district  may  dedicate  to the public for
11    highway purposes any of its real property and the dedications
12    may be made subject to such conditions and the  retention  of
13    such interests therein as considered in the best interests of
14    the   sanitary   district  by  the  board  of  trustees  upon
15    recommendation of the general superintendent.
16        The sanitary district may lease to others for any  period
17    of  time, not to exceed 99 years, upon the terms as its board
18    of trustees upon recommendation of the general superintendent
19    may  determine,  any  such  real  property,  right-of-way  or
20    privilege, or any interest therein or any part thereof, which
21    is in the opinion  of  the  board  of  trustees  and  general
22    superintendent  of  the  sanitary district no longer required
23    for its corporate purposes or which may  not  be  immediately
24    needed  for  such  purposes.  The  leases  may  contain  such
25    conditions and retain such interests therein as considered in
26    the  best  interests of the sanitary district by the board of
27    trustees upon recommendation of the  general  superintendent.
28    Negotiations  and  execution  of  such leases and preparatory
29    activities in connection therewith must comply  with  Section
30    8c of this Act. The sanitary district may grant easements and
31    permits  for the use of any such real property, right-of-way,
32    or privilege, which will not in the opinion of the  board  of
33    trustees  and general superintendent of the sanitary district
34    interfere with the use thereof by the sanitary  district  for
                            -10-              LRB9011558EGfgA
 1    its  corporate  purposes.  Such  easements  and  permits  may
 2    contain  such conditions and retain such interests therein as
 3    considered in the best interests of the sanitary district  by
 4    the  board  of  trustees  upon  recommendation of the general
 5    superintendent.
 6        No sales, vacations, dedications for highway purposes, or
 7    leases for periods in excess of 5  years,  of  the  following
 8    described real estate, may be made or granted by the sanitary
 9    district  without  the approval in writing of the Director of
10    Natural Resources of the State of Illinois:
11        All the right-of-way of the Calumet-Sag  Channel  of  the
12    sanitary  district  extending  from  the Little Calumet River
13    near Blue Island, Illinois, to the right-of-way of  the  main
14    channel of the sanitary district near Sag, Illinois.
15        Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
16    89a,  90,  91, 130, 132, 133, those parts of Lots 134 and 139
17    lying northeasterly of a tract of land  leased  to  the  Corn
18    Products  Manufacturing  Company  from  January  1,  1908, to
19    December 31, 2006; 1000 feet of Lot 141  lying  southwesterly
20    of  and  adjoining  the above mentioned leased tract measured
21    parallel with the main channel of the sanitary district; Lots
22    166, 168, 207, 208, and part of Lot 211  lying  northeasterly
23    of  a  line  1500  feet  southwesterly  of the center line of
24    Stephen Street, Lemont,  Illinois,  and  parallel  with  said
25    street  measured parallel with said main channel; and Lot 212
26    of the Sanitary District Trustees Subdivision of right-of-way
27    from the north and south center line of Section 30,  Township
28    39  North,  Range 14 East of the Third Principal Meridian, to
29    Will County line.
30        That part of the right-of-way of the main channel of  the
31    sanitary  district in Section 14, Township 37 North, Range 11
32    East of the Third Principal Meridian, lying southerly of said
33    main channel, northerly of the Northerly Reserve Line of  the
34    Illinois  and Michigan Canal, and westerly of the Center line
                            -11-              LRB9011558EGfgA
 1    of the old channel of the Des Plaines River.
 2        That part of said main channel  right-of-way  in  Section
 3    35,  Township  37 North, Range 10 East of the Third Principal
 4    Meridian, lying east of said main channel and south of a line
 5    1,319.1 feet north of and parallel with  the  south  line  of
 6    said Section 35.
 7        That  part  of  said  main  channel  right-of-way  in the
 8    northeast quarter of the  northwest  quarter  of  Section  2,
 9    Township  36  North,  Range  10  East  of the Third Principal
10    Meridian, lying east of said main channel.
11        That part of said main channel right-of-way  lying  south
12    of Ninth Street in Lockport, Illinois.
13        The  sanitary  district  may sell real estate that (i) is
14    not necessary for the functions of the district and (ii)  has
15    been  declared surplus by the district's governing body.  The
16    proceeds from the sale of the  surplus  real  estate  may  be
17    deposited  into  a  revolving fund that shall be known as the
18    Local Improvement Revolving Loan Fund.  The sanitary district
19    shall have the authority to deposit additional surplus  funds
20    into the Local Improvement Revolving Loan Fund.  The sanitary
21    district  shall establish a Local Improvement Loan Program to
22    make loans from the Local Improvement Revolving Loan Fund  to
23    municipalities   and  other  units  of  local  government  to
24    rehabilitate  the  local  sewerage   systems   within   their
25    boundaries.  The sanitary district shall establish reasonable
26    rules to administer the program, including without limitation
27    criteria  for  the  eligibility  for  a loan and the interest
28    rate.  The interest rate established by the district must  be
29    lower than the market rate.
30        Notwithstanding any other law, if any surplus real estate
31    is  located  in  an unincorporated territory and if that real
32    estate is contiguous to only one municipality, 60 days before
33    the sale of that real estate,  the  sanitary  district  shall
34    notify in writing the contiguous municipality of the proposed
                            -12-              LRB9011558EGfgA
 1    sale.  Prior to the sale of the real estate, the municipality
 2    shall  notify  in  writing  the  sanitary  district  that the
 3    municipality will or will not annex the surplus real  estate.
 4    If  the  contiguous municipality will annex such surplus real
 5    estate, then coincident with the completion of  the  sale  of
 6    that  real  estate by the sanitary district, that real estate
 7    shall   be   automatically   annexed   to   the    contiguous
 8    municipality.
 9        All  sales  of  real estate by the such sanitary district
10    must be for cash, to the highest bidder upon open competitive
11    bids, and the proceeds of the sales, except the proceeds from
12    the sale of surplus real estate, may be  used  only  for  the
13    construction and equipment of sewage disposal plants, pumping
14    stations  and  intercepting sewers and appurtenances thereto,
15    and the acquisition of sites and easements therefor, and  the
16    financing   of   the   Local  Government  Assistance  Program
17    established under Section 9.6c.
18        However, the sanitary district may:
19        (a)  Remise, release, quit claim and convey, without  the
20    approval  of the Department of Natural Resources of the State
21    of Illinois acting by and through its Director, to the United
22    States of  America  without  any  consideration  to  be  paid
23    therefor,  in  aid of the widening of the Calumet-Sag Channel
24    of the sanitary district by the United States of America, all
25    those certain lands, tenements  and  hereditaments  of  every
26    kind   and   nature   of  that  portion  of  the  established
27    right-of-way of the Calumet-Sag Channel  lying  east  of  the
28    east  line  of  Ashland Avenue, in Blue Island, Illinois, and
29    south of the center line of the channel except  such  portion
30    thereof as is needed for the operation and maintenance of and
31    access   to  the  controlling  works  lock  of  the  sanitary
32    district;
33        (b)  Without the approval of the  Department  of  Natural
34    Resources  of the State of Illinois acting by and through its
                            -13-              LRB9011558EGfgA
 1    Director, give and grant to  the  United  States  of  America
 2    without  any  consideration  to  be  paid therefor the right,
 3    privilege and authority to widen the Calumet-Sag Channel  and
 4    for  that  purpose  to enter upon and use in the work of such
 5    widening and for the disposal of  spoil  therefrom  all  that
 6    part  of the right-of-way of the Calumet-Sag Channel owned by
 7    the sanitary district lying south of the center line  of  the
 8    Calumet-Sag Channel from its connection with the main channel
 9    of  the  sanitary district to the east line of Ashland Avenue
10    in Blue Island, Illinois;
11        (c)  Make alterations to any structure made necessary  by
12    such  widening  and  to  construct,  reconstruct or otherwise
13    alter the existing highway bridges of the  sanitary  district
14    across the Calumet-Sag Channel;
15        (d)  Give  and  grant  to  the  United  States of America
16    without any consideration to be paid therefor  the  right  to
17    maintain   the   widened   Calumet-Sag  Channel  without  the
18    occupation or use of or jurisdiction over any property of the
19    sanitary district adjoining  and  adjacent  to  such  widened
20    channel;
21        (e)  Acquire   by   lease,   purchase,   condemnation  or
22    otherwise, whatever land, easements or  rights  of  way,  not
23    presently  owned  by  it,  that may be required by the United
24    States of America in constructing the Calumet-Sag  Navigation
25    Project, as approved in Public Law 525, 79th Congress, Second
26    Session  as  described in House Document No. 677 for widening
27    and dredging the Calumet-Sag Channel, in improving the Little
28    Calumet River between the eastern end of the Sag Channel  and
29    Turning  Basin  No.  5,  and  in  improving the Calumet River
30    between Calumet Harbor and Lake Calumet;
31        (f)  Furnish free of cost to the United States all lands,
32    easements, rights-of-way and soil  disposal  areas  necessary
33    for the new work and for subsequent maintenance by the United
34    States;
                            -14-              LRB9011558EGfgA
 1        (g)  Provide   for   the  necessary  relocations  of  all
 2    utilities.
 3        Whatever land  acquired  by  the  sanitary  district  may
 4    thereafter  be  determined  by  the  Board  of  Trustees upon
 5    recommendation of the general  superintendent  as  not  being
 6    needed  by the United States for the purposes of constructing
 7    and maintaining the Calumet-Sag Navigation Project  as  above
 8    described, shall be retained by the sanitary district for its
 9    corporate  purposes,  or  be sold, with all convenient speed,
10    vacated or released (but not leased) as its Board of Trustees
11    upon  recommendation  of  the  general   superintendent   may
12    determine: All sales of such real estate must be for cash, to
13    the  highest  bidder  upon  open,  competitive  bids, and the
14    proceeds of the sales may be used only  for  the  purpose  of
15    paying  principal  and  interest upon the bonds authorized by
16    this Act, and if no  bonds  are  then  outstanding,  for  the
17    purpose  of  paying  principal  and interest upon any general
18    obligation bonds of the sanitary district, and for  corporate
19    purposes  of  the  sanitary  district.  When the proceeds are
20    used to pay bonds and interest,  proper  abatement  shall  be
21    made in the taxes next extended for such bonds and interest.
22    (Source:  P.A.  89-445,  eff.  2-7-96;  89-502, eff. 6-28-96;
23    90-568, eff. 1-1-99.)
24        (70 ILCS 2605/9.6c new)
25        Sec. 9.6c. Local Government Assistance Program; bonds.
26        (a)  The General Assembly finds that  governmental  units
27    located   within  the  boundaries  of  the  district  require
28    assistance in financing  the  cost  of  repair,  replacement,
29    reconstruction,  and rehabilitation of local sewer collection
30    systems to reduce certain  excessive  sanitary  sewer  ground
31    water   inflows;  that  such  inflows  ultimately  result  in
32    increased need for treatment and storage  facilities  of  the
33    district;  and  that  the  district, in the discretion of its
                            -15-              LRB9011558EGfgA
 1    commissioners, advantageously may provide loan funds for such
 2    purposes.
 3        (b)  For purposes of this Section,  the  following  terms
 4    shall have the meanings set forth, as follows:
 5             The following terms shall have the meanings given to
 6        them  in  the  Local  Government  Debt  Reform  Act:  (A)
 7        "alternate bonds"; (B) "applicable law"; (C) "bonds"; (D)
 8        "general obligation bonds"; (E) "governmental unit";  (F)
 9        "ordinance"; and (G) "revenue source".
10             "Assistance  bonds"  means the bonds to be issued by
11        the  district  to  provide  funds  for  the  program   as
12        authorized in subsection (f) of this Section.
13             "Assistance program" means the program authorized in
14        this  Section  by  which  the  district may make loans to
15        local governmental units for  any  one  or  more  of  the
16        following   undertaken   with   respect  to  the  repair,
17        replacement, reconstruction, and rehabilitation of  local
18        sewer    collection    systems:   preliminary   planning,
19        engineering, architectural,  legal,  fiscal  or  economic
20        investigations   or  studies,  surveys,  designs,  plans,
21        working drawings,  specifications,  procedures  or  other
22        necessary   actions,   erection,   building  acquisition,
23        alteration, remodeling, improvement, or extension of such
24        collection systems, or the inspection or  supervision  of
25        any of the foregoing.
26             "Loan"  means a loan made by the district to a local
27        governmental unit under the assistance program.
28             "Local governmental unit" means a governmental  unit
29        within the boundaries of the district.
30             "Reconstruction"  shall  include the construction of
31        totally new lines or systems if  reasonably  designed  to
32        replace obsolete lines or systems.
33        (c)  The   commissioners   may  establish  an  assistance
34    program.
                            -16-              LRB9011558EGfgA
 1        (d)  The commissioners are authorized to do  any  one  or
 2    more of the following with respect to the assistance program:
 3             (1)  Establish  the  assistance  program as a use or
 4        appropriation within the corporate fund of the district.
 5             (2)  Accept grants, borrow  funds,  and  appropriate
 6        lawfully  available  funds for the purpose of funding the
 7        assistance program.
 8             (3)  Make the loans as provided in subsection (e).
 9             (4)  Enforce loans with all  available  remedies  as
10        any  governmental  unit or private person might have with
11        respect to such loans.
12        (e)  The district shall have the power to make loans  and
13    local governmental units shall have the power to obtain loans
14    from  the  district,  but  only if authorized to borrow under
15    such powers as may be  granted  to  such  local  governmental
16    units  under  other  applicable  law.   This Section does not
17    grant local governmental units separate borrowing power.   If
18    authorized to issue bonds under such applicable law, however,
19    the form of the borrowing may be such as the district and the
20    local   governmental   unit  may  agree,  including,  without
21    limitation, a loan agreement made between  the  district  and
22    local  governmental unit to evidence the bond.  Any such loan
23    agreement  shall  state   the   statutory   authority   under
24    applicable  law for the bond it represents but otherwise need
25    not be in any specific form.  The  district  shall  have  all
26    rights  and  remedies  available  to  the  holder  of  a bond
27    otherwise  issued  in  the  form  provided  for  same   under
28    applicable  law  and  also such rights and remedies as may be
29    additionally  available  under  subsection  (d)(4)  of   this
30    Section.    The loans may be made upon such terms and at such
31    rates, including expressly below market rates, representing a
32    subsidy of funds from the district to the local  governmental
33    units, as the district may specify in the loan agreements.
34        (f)  The   district   may  borrow  money  and  issue  its
                            -17-              LRB9011558EGfgA
 1    assistance bonds under this Section 9.6c for the  purpose  of
 2    funding  the assistance program.  The district may pledge any
 3    lawfully available revenue source  to  the  assistance  bonds
 4    including,  specifically,  the  receipts from the loans.  The
 5    assistance bonds shall not be general obligation bonds of the
 6    district except if issued  as  alternate  bonds.   Assistance
 7    bonds  shall not be subject to any referendum requirement and
 8    shall not be treated as  indebtedness  under  any  applicable
 9    provision   of   law  setting  forth  a  limitation  upon  or
10    requirement with respect to the  legal  indebtedness  of  the
11    district;  provided,  however,  that  if assistance bonds are
12    issued as alternate bonds, the provisions and limitations  of
13    the   Local  Government  Debt  Reform  Act  with  respect  to
14    alternate bonds shall all apply.
15        (70 ILCS 2605/9.8) (from Ch. 42, par. 328.8)
16        Sec. 9.8.  Except as is otherwise provided by Sections 9,
17    9.1, 9.2, 9.3, 9.5, 9.6, 9.6a, 9.6c, and 9b, and 9c  of  this
18    Act,  whenever  the  corporate  authorities  of  the Sanitary
19    District desire to issue  bonds  for  any  of  its  corporate
20    purposes,  they  shall by ordinance direct that the ordinance
21    or ordinances for the issuance of such bonds be submitted  to
22    the  legal  voters of such sanitary district at any election.
23    The  clerk  of  such  sanitary  district  shall  certify  the
24    ordinance and the question to the proper  election  officials
25    who  shall  submit  the question at an election in accordance
26    with the general election  law.  The  question  shall  be  in
27    substantially the following form:
28    -------------------------------------------------------------
29        Shall bonds for the purpose of             YES
30    (State purpose) in the sum of.... be     --------------------
31    issued by the Sanitary District of....?       NO
32    -------------------------------------------------------------
33        It  shall not be necessary to print in full on the ballot
                            -18-              LRB9011558EGfgA
 1    any such ordinance authorizing the issuance of bonds.
 2        The result of the referendum on  the  question  shall  be
 3    entered upon the records of the district.
 4    (Source: P.A. 83-333.)
 5        Section  95.   No  acceleration or delay.  Where this Act
 6    makes changes in a statute that is represented in this Act by
 7    text that is not yet or no longer in effect (for  example,  a
 8    Section  represented  by  multiple versions), the use of that
 9    text does not accelerate or delay the taking  effect  of  (i)
10    the  changes made by this Act or (ii) provisions derived from
11    any other Public Act.
12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.

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