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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. 26The sanitary district may sell real estate that (i) is27not necessary for the functions of the district and (ii) has28been declared surplus by the district's governing body. The29proceeds from the sale of the surplus real estate may be30deposited into a revolving fund that shall be known as the31Local Improvement Revolving Loan Fund. The sanitary district32shall establish a Local Improvement Loan Program to make33loans from the Local Improvement Revolving Loan Fund to34municipalities to rehabilitate the local sewerage systems-5- LRB9011558EGfgA 1within their boundaries. The sanitary district shall2establish reasonable rules to administer the program,3including without limitation criteria for the eligibility for4a loan and the interest rate. The interest rate established5by 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 thesuchsanitary district 20 must be for cash, to the highest bidder upon open competitive 21 bids, and the proceeds of the sales, except the proceeds from22the 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, 25andthe 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. 13The sanitary district may sell real estate that (i) is14not necessary for the functions of the district and (ii) has15been declared surplus by the district's governing body. The16proceeds from the sale of the surplus real estate may be17deposited into a revolving fund that shall be known as the18Local Improvement Revolving Loan Fund. The sanitary district19shall have the authority to deposit additional surplus funds20into the Local Improvement Revolving Loan Fund. The sanitary21district shall establish a Local Improvement Loan Program to22make loans from the Local Improvement Revolving Loan Fund to23municipalities and other units of local government to24rehabilitate the local sewerage systems within their25boundaries. The sanitary district shall establish reasonable26rules to administer the program, including without limitation27criteria for the eligibility for a loan and the interest28rate. The interest rate established by the district must be29lower 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 thesuchsanitary district 10 must be for cash, to the highest bidder upon open competitive 11 bids, and the proceeds of the sales, except the proceeds from12the 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, 15andthe 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,and9b, 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.