Public Act 90-0690 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0690

SB1612 Enrolled                               LRB9011558EGfgA

    AN ACT in relation to the Metropolitan Water  Reclamation
District.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Metropolitan Water  Reclamation  District
Act  is  amended  by  changing  Sections 8 and 9.8 and adding
Section 9.6c as follows:

    (70 ILCS 2605/8) (from Ch. 42, par. 327)
    (Text of Section before amendment by P.A. 90-568)
    Sec. 8. Except as otherwise in  this  Act  provided,  the
sanitary district may acquire by lease, purchase or otherwise
within  or  without  its corporate limits, or by condemnation
within its corporate limits, any and all  real  and  personal
property, right of way and privilege that may be required for
its  corporate  purposes.  All  moneys  for  the purchase and
condemnation of any property must be paid  before  possession
is  taken,  or  any  work done on the premises. In case of an
appeal from the Court in which the  condemnation  proceedings
are  pending,  taken  by  either party, whereby the amount of
damages is not finally determined, the amount of the judgment
in the court shall be deposited with the county treasurer  of
the  county in which the judgment is rendered, subject to the
payment of damages on orders signed by the judge whenever the
amount of damages is finally determined.
    Upon recommendation of  the  general  superintendent  and
upon  the  approval of the board of trustees when any real or
personal property, right of way or privilege or any  interest
therein,  or any part thereof of such sanitary district is no
longer required for the corporate purposes  of  the  sanitary
district  it  may  be  sold, vacated or released. Such sales,
vacations, or releases may be made subject to such conditions
and the retention of such interest therein as may  be  deemed
for   the   best   interest  of  such  sanitary  district  as
recommended by the general superintendent and approved by the
board of trustees.
    However, the sanitary district may enter into a lease  of
a  building or a part thereof, or acquire title to a building
already constructed or to be constructed, for the purpose  of
securing   office  space  for  its  administrative  corporate
functions, the period of such lease not to  exceed  15  years
except  as authorized by the provisions of Section 8b of this
Act.  In the event of  the  purchase  of  such  property  for
administrative corporate functions, the sanitary district may
execute  a mortgage or other documents of indebtedness as may
be required for the unpaid balance, to be paid  in  not  more
than  15  annual  installments.  Annual  installments  on the
mortgage or annual payment on the lease shall be considered a
current corporate expense of the year in which they are to be
paid, and the amount of such annual  installment  or  payment
shall  be  included in the Annual Appropriation and Corporate
Tax  Levy  Ordinances.  Such   expense   may   be   incurred,
notwithstanding  the provisions, if any applicable, contained
in any other Sections of this Act.
    The sanitary district may  dedicate  to  the  public  for
highway purposes any of its real property and the dedications
may  be  made subject to such conditions and the retention of
such interests therein as considered in the best interests of
the  sanitary  district  by  the  board  of   trustees   upon
recommendation of the general superintendent.
    The  sanitary district may lease to others for any period
of time, not to exceed 99 years, upon the terms as its  board
of trustees upon recommendation of the general superintendent
may  determine,  any  such  real  property,  right-of-way  or
privilege, or any interest therein or any part thereof, which
is  in  the  opinion  of  the  board  of trustees and general
superintendent of the sanitary district  no  longer  required
for  its  corporate  purposes or which may not be immediately
needed  for  such  purposes.  The  leases  may  contain  such
conditions and retain such interests therein as considered in
the best interests of the sanitary district by the  board  of
trustees  upon  recommendation of the general superintendent.
Negotiations and execution of  such  leases  and  preparatory
activities  in  connection therewith must comply with Section
8c of this Act. The sanitary district may grant easements and
permits for the use of any such real property,  right-of-way,
or  privilege,  which will not in the opinion of the board of
trustees and general superintendent of the sanitary  district
interfere  with  the use thereof by the sanitary district for
its  corporate  purposes.  Such  easements  and  permits  may
contain such conditions and retain such interests therein  as
considered  in the best interests of the sanitary district by
the board of trustees  upon  recommendation  of  the  general
superintendent.
    No sales, vacations, dedications for highway purposes, or
leases  for  periods  in  excess of 5 years, of the following
described real estate, may be made or granted by the sanitary
district without the approval in writing of the  Director  of
Natural Resources of the State of Illinois:
    All  the  right-of-way  of the Calumet-Sag Channel of the
sanitary district extending from  the  Little  Calumet  River
near  Blue  Island, Illinois, to the right-of-way of the main
channel of the sanitary district near Sag, Illinois.
    Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
89a, 90, 91, 130, 132, 133, those parts of Lots 134  and  139
lying  northeasterly  of  a  tract of land leased to the Corn
Products Manufacturing  Company  from  January  1,  1908,  to
December  31,  2006; 1000 feet of Lot 141 lying southwesterly
of and adjoining the above mentioned  leased  tract  measured
parallel with the main channel of the sanitary district; Lots
166,  168,  207, 208, and part of Lot 211 lying northeasterly
of a line 1500 feet  southwesterly  of  the  center  line  of
Stephen  Street,  Lemont,  Illinois,  and  parallel with said
street measured parallel with said main channel; and Lot  212
of the Sanitary District Trustees Subdivision of right-of-way
from  the north and south center line of Section 30, Township
39 North, Range 14 East of the Third Principal  Meridian,  to
Will County line.
    That  part of the right-of-way of the main channel of the
sanitary district in Section 14, Township 37 North, Range  11
East of the Third Principal Meridian, lying southerly of said
main  channel, northerly of the Northerly Reserve Line of the
Illinois and Michigan Canal, and westerly of the Center  line
of the old channel of the Des Plaines River.
    That  part  of  said main channel right-of-way in Section
35, Township 37 North, Range 10 East of the  Third  Principal
Meridian, lying east of said main channel and south of a line
1,319.1  feet  north  of  and parallel with the south line of
said Section 35.
    That part  of  said  main  channel  right-of-way  in  the
northeast  quarter  of  the  northwest  quarter of Section 2,
Township 36 North, Range  10  East  of  the  Third  Principal
Meridian, lying east of said main channel.
    That  part  of said main channel right-of-way lying south
of Ninth Street in Lockport, Illinois.
    The sanitary district may sell real estate  that  (i)  is
not  necessary for the functions of the district and (ii) has
been declared surplus by the district's governing body.   The
proceeds  from  the  sale  of  the surplus real estate may be
deposited into a revolving fund that shall be  known  as  the
Local Improvement Revolving Loan Fund.  The sanitary district
shall  establish  a  Local  Improvement  Loan Program to make
loans from the  Local  Improvement  Revolving  Loan  Fund  to
municipalities  to  rehabilitate  the  local sewerage systems
within  their  boundaries.   The  sanitary   district   shall
establish   reasonable   rules  to  administer  the  program,
including without limitation criteria for the eligibility for
a loan and the interest rate.  The interest rate  established
by the district must be lower than the market rate.
    Notwithstanding any other law, if any surplus real estate
is  located  in  an unincorporated territory and if that real
estate is contiguous to only one municipality, 60 days before
the sale of that real estate,  the  sanitary  district  shall
notify in writing the contiguous municipality of the proposed
sale.  Prior to the sale of the real estate, the municipality
shall  notify  in  writing  the  sanitary  district  that the
municipality will or will not annex the surplus real  estate.
If  the  contiguous municipality will annex such surplus real
estate, then coincident with the completion of  the  sale  of
that  real  estate by the sanitary district, that real estate
shall   be   automatically   annexed   to   the    contiguous
municipality.
    All  sales  of  real estate by the such sanitary district
must be for cash, to the highest bidder upon open competitive
bids, and the proceeds of the sales, except the proceeds from
the sale of surplus real estate, may be  used  only  for  the
construction and equipment of sewage disposal plants, pumping
stations  and  intercepting sewers and appurtenances thereto,
and the acquisition of sites and easements therefor, and  the
financing   of   the   Local  Government  Assistance  Program
established under Section 9.6c.
    However, the sanitary district may:
    (a)  Remise, release, quit claim and convey, without  the
approval  of the Department of Natural Resources of the State
of Illinois acting by and through its Director, to the United
States of  America  without  any  consideration  to  be  paid
therefor,  in  aid of the widening of the Calumet-Sag Channel
of the sanitary district by the United States of America, all
those certain lands, tenements  and  hereditaments  of  every
kind   and   nature   of  that  portion  of  the  established
right-of-way of the Calumet-Sag Channel  lying  east  of  the
east  line  of  Ashland Avenue, in Blue Island, Illinois, and
south of the center line of the channel except  such  portion
thereof as is needed for the operation and maintenance of and
access   to  the  controlling  works  lock  of  the  sanitary
district;
    (b)  Without the approval of the  Department  of  Natural
Resources  of the State of Illinois acting by and through its
Director, give and grant to  the  United  States  of  America
without  any  consideration  to  be  paid therefor the right,
privilege and authority to widen the Calumet-Sag Channel  and
for  that  purpose  to enter upon and use in the work of such
widening and for the disposal of  spoil  therefrom  all  that
part  of the right-of-way of the Calumet-Sag Channel owned by
the sanitary district lying south of the center line  of  the
Calumet-Sag Channel from its connection with the main channel
of  the  sanitary district to the east line of Ashland Avenue
in Blue Island, Illinois;
    (c)  Make alterations to any structure made necessary  by
such  widening  and  to  construct,  reconstruct or otherwise
alter the existing highway bridges of the  sanitary  district
across the Calumet-Sag Channel;
    (d)  Give  and  grant  to  the  United  States of America
without any consideration to be paid therefor  the  right  to
maintain   the   widened   Calumet-Sag  Channel  without  the
occupation or use of or jurisdiction over any property of the
sanitary district adjoining  and  adjacent  to  such  widened
channel;
    (e)  Acquire   by   lease,   purchase,   condemnation  or
otherwise, whatever land, easements or  rights  of  way,  not
presently  owned  by  it,  that may be required by the United
States of America in constructing the Calumet-Sag  Navigation
Project, as approved in Public Law 525, 79th Congress, Second
Session  as  described in House Document No. 677 for widening
and dredging the Calumet-Sag Channel, in improving the Little
Calumet River between the eastern end of the Sag Channel  and
Turning  Basin  No.  5,  and  in  improving the Calumet River
between Calumet Harbor and Lake Calumet;
    (f)  Furnish free of cost to the United States all lands,
easements, rights-of-way and soil  disposal  areas  necessary
for the new work and for subsequent maintenance by the United
States;
    (g)  Provide   for   the  necessary  relocations  of  all
utilities.
    Whatever land  acquired  by  the  sanitary  district  may
thereafter  be  determined  by  the  Board  of  Trustees upon
recommendation of the general  superintendent  as  not  being
needed  by the United States for the purposes of constructing
and maintaining the Calumet-Sag Navigation Project  as  above
described, shall be retained by the sanitary district for its
corporate  purposes,  or  be sold, with all convenient speed,
vacated or released (but not leased) as its Board of Trustees
upon  recommendation  of  the  general   superintendent   may
determine: All sales of such real estate must be for cash, to
the  highest  bidder  upon  open,  competitive  bids, and the
proceeds of the sales may be used only  for  the  purpose  of
paying  principal  and  interest upon the bonds authorized by
this Act, and if no  bonds  are  then  outstanding,  for  the
purpose  of  paying  principal  and interest upon any general
obligation bonds of the sanitary district, and for  corporate
purposes  of  the  sanitary  district.  When the proceeds are
used to pay bonds and interest,  proper  abatement  shall  be
made in the taxes next extended for such bonds and interest.
(Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96.)

    (Text of Section after amendment by P.A. 90-568)
    Sec.  8.  Except  as  otherwise in this Act provided, the
sanitary district may acquire by lease, purchase or otherwise
within or without its corporate limits,  or  by  condemnation
within  its  corporate  limits, any and all real and personal
property, right of way and privilege that may be required for
its corporate purposes.  All  moneys  for  the  purchase  and
condemnation  of  any property must be paid before possession
is taken, or any work done on the premises.  In  case  of  an
appeal  from  the Court in which the condemnation proceedings
are pending, taken by either party,  whereby  the  amount  of
damages is not finally determined, the amount of the judgment
in  the court shall be deposited with the county treasurer of
the county in which the judgment is rendered, subject to  the
payment of damages on orders signed by the judge whenever the
amount of damages is finally determined.
    Upon  recommendation  of  the  general superintendent and
upon the approval of the board of trustees when any  real  or
personal  property, right of way or privilege or any interest
therein, or any part thereof of such sanitary district is  no
longer  required  for  the corporate purposes of the sanitary
district it may be sold, vacated  or  released.  Such  sales,
vacations, or releases may be made subject to such conditions
and  the  retention of such interest therein as may be deemed
for  the  best  interest  of  such   sanitary   district   as
recommended by the general superintendent and approved by the
board of trustees.
    However,  the sanitary district may enter into a lease of
a building or a part thereof, or acquire title to a  building
already  constructed or to be constructed, for the purpose of
securing  office  space  for  its  administrative   corporate
functions,  the  period  of such lease not to exceed 15 years
except as authorized by the provisions of Section 8b of  this
Act.   In  the  event  of  the  purchase of such property for
administrative corporate functions, the sanitary district may
execute a mortgage or other documents of indebtedness as  may
be  required  for  the unpaid balance, to be paid in not more
than 15  annual  installments.  Annual  installments  on  the
mortgage or annual payment on the lease shall be considered a
current corporate expense of the year in which they are to be
paid,  and  the  amount of such annual installment or payment
shall be included in the Annual Appropriation  and  Corporate
Tax   Levy   Ordinances.   Such   expense  may  be  incurred,
notwithstanding the provisions, if any applicable,  contained
in any other Sections of this Act.
    The  sanitary  district  may  dedicate  to the public for
highway purposes any of its real property and the dedications
may be made subject to such conditions and the  retention  of
such interests therein as considered in the best interests of
the   sanitary   district  by  the  board  of  trustees  upon
recommendation of the general superintendent.
    The sanitary district may lease to others for any  period
of  time, not to exceed 99 years, upon the terms as its board
of trustees upon recommendation of the general superintendent
may  determine,  any  such  real  property,  right-of-way  or
privilege, or any interest therein or any part thereof, which
is in the opinion  of  the  board  of  trustees  and  general
superintendent  of  the  sanitary district no longer required
for its corporate purposes or which may  not  be  immediately
needed  for  such  purposes.  The  leases  may  contain  such
conditions and retain such interests therein as considered in
the  best  interests of the sanitary district by the board of
trustees upon recommendation of the  general  superintendent.
Negotiations  and  execution  of  such leases and preparatory
activities in connection therewith must comply  with  Section
8c of this Act. The sanitary district may grant easements and
permits  for the use of any such real property, right-of-way,
or privilege, which will not in the opinion of the  board  of
trustees  and general superintendent of the sanitary district
interfere with the use thereof by the sanitary  district  for
its  corporate  purposes.  Such  easements  and  permits  may
contain  such conditions and retain such interests therein as
considered in the best interests of the sanitary district  by
the  board  of  trustees  upon  recommendation of the general
superintendent.
    No sales, vacations, dedications for highway purposes, or
leases for periods in excess of 5  years,  of  the  following
described real estate, may be made or granted by the sanitary
district  without  the approval in writing of the Director of
Natural Resources of the State of Illinois:
    All the right-of-way of the Calumet-Sag  Channel  of  the
sanitary  district  extending  from  the Little Calumet River
near Blue Island, Illinois, to the right-of-way of  the  main
channel of the sanitary district near Sag, Illinois.
    Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
89a,  90,  91, 130, 132, 133, those parts of Lots 134 and 139
lying northeasterly of a tract of land  leased  to  the  Corn
Products  Manufacturing  Company  from  January  1,  1908, to
December 31, 2006; 1000 feet of Lot 141  lying  southwesterly
of  and  adjoining  the above mentioned leased tract measured
parallel with the main channel of the sanitary district; Lots
166, 168, 207, 208, and part of Lot 211  lying  northeasterly
of  a  line  1500  feet  southwesterly  of the center line of
Stephen Street, Lemont,  Illinois,  and  parallel  with  said
street  measured parallel with said main channel; and Lot 212
of the Sanitary District Trustees Subdivision of right-of-way
from the north and south center line of Section 30,  Township
39  North,  Range 14 East of the Third Principal Meridian, to
Will County line.
    That part of the right-of-way of the main channel of  the
sanitary  district in Section 14, Township 37 North, Range 11
East of the Third Principal Meridian, lying southerly of said
main channel, northerly of the Northerly Reserve Line of  the
Illinois  and Michigan Canal, and westerly of the Center line
of the old channel of the Des Plaines River.
    That part of said main channel  right-of-way  in  Section
35,  Township  37 North, Range 10 East of the Third Principal
Meridian, lying east of said main channel and south of a line
1,319.1 feet north of and parallel with  the  south  line  of
said Section 35.
    That  part  of  said  main  channel  right-of-way  in the
northeast quarter of the  northwest  quarter  of  Section  2,
Township  36  North,  Range  10  East  of the Third Principal
Meridian, lying east of said main channel.
    That part of said main channel right-of-way  lying  south
of Ninth Street in Lockport, Illinois.
    The  sanitary  district  may sell real estate that (i) is
not necessary for the functions of the district and (ii)  has
been  declared surplus by the district's governing body.  The
proceeds from the sale of the  surplus  real  estate  may  be
deposited  into  a  revolving fund that shall be known as the
Local Improvement Revolving Loan Fund.  The sanitary district
shall have the authority to deposit additional surplus  funds
into the Local Improvement Revolving Loan Fund.  The sanitary
district  shall establish a Local Improvement Loan Program to
make loans from the Local Improvement Revolving Loan Fund  to
municipalities   and  other  units  of  local  government  to
rehabilitate  the  local  sewerage   systems   within   their
boundaries.  The sanitary district shall establish reasonable
rules to administer the program, including without limitation
criteria  for  the  eligibility  for  a loan and the interest
rate.  The interest rate established by the district must  be
lower than the market rate.
    Notwithstanding any other law, if any surplus real estate
is  located  in  an unincorporated territory and if that real
estate is contiguous to only one municipality, 60 days before
the sale of that real estate,  the  sanitary  district  shall
notify in writing the contiguous municipality of the proposed
sale.  Prior to the sale of the real estate, the municipality
shall  notify  in  writing  the  sanitary  district  that the
municipality will or will not annex the surplus real  estate.
If  the  contiguous municipality will annex such surplus real
estate, then coincident with the completion of  the  sale  of
that  real  estate by the sanitary district, that real estate
shall   be   automatically   annexed   to   the    contiguous
municipality.
    All  sales  of  real estate by the such sanitary district
must be for cash, to the highest bidder upon open competitive
bids, and the proceeds of the sales, except the proceeds from
the sale of surplus real estate, may be  used  only  for  the
construction and equipment of sewage disposal plants, pumping
stations  and  intercepting sewers and appurtenances thereto,
and the acquisition of sites and easements therefor, and  the
financing   of   the   Local  Government  Assistance  Program
established under Section 9.6c.
    However, the sanitary district may:
    (a)  Remise, release, quit claim and convey, without  the
approval  of the Department of Natural Resources of the State
of Illinois acting by and through its Director, to the United
States of  America  without  any  consideration  to  be  paid
therefor,  in  aid of the widening of the Calumet-Sag Channel
of the sanitary district by the United States of America, all
those certain lands, tenements  and  hereditaments  of  every
kind   and   nature   of  that  portion  of  the  established
right-of-way of the Calumet-Sag Channel  lying  east  of  the
east  line  of  Ashland Avenue, in Blue Island, Illinois, and
south of the center line of the channel except  such  portion
thereof as is needed for the operation and maintenance of and
access   to  the  controlling  works  lock  of  the  sanitary
district;
    (b)  Without the approval of the  Department  of  Natural
Resources  of the State of Illinois acting by and through its
Director, give and grant to  the  United  States  of  America
without  any  consideration  to  be  paid therefor the right,
privilege and authority to widen the Calumet-Sag Channel  and
for  that  purpose  to enter upon and use in the work of such
widening and for the disposal of  spoil  therefrom  all  that
part  of the right-of-way of the Calumet-Sag Channel owned by
the sanitary district lying south of the center line  of  the
Calumet-Sag Channel from its connection with the main channel
of  the  sanitary district to the east line of Ashland Avenue
in Blue Island, Illinois;
    (c)  Make alterations to any structure made necessary  by
such  widening  and  to  construct,  reconstruct or otherwise
alter the existing highway bridges of the  sanitary  district
across the Calumet-Sag Channel;
    (d)  Give  and  grant  to  the  United  States of America
without any consideration to be paid therefor  the  right  to
maintain   the   widened   Calumet-Sag  Channel  without  the
occupation or use of or jurisdiction over any property of the
sanitary district adjoining  and  adjacent  to  such  widened
channel;
    (e)  Acquire   by   lease,   purchase,   condemnation  or
otherwise, whatever land, easements or  rights  of  way,  not
presently  owned  by  it,  that may be required by the United
States of America in constructing the Calumet-Sag  Navigation
Project, as approved in Public Law 525, 79th Congress, Second
Session  as  described in House Document No. 677 for widening
and dredging the Calumet-Sag Channel, in improving the Little
Calumet River between the eastern end of the Sag Channel  and
Turning  Basin  No.  5,  and  in  improving the Calumet River
between Calumet Harbor and Lake Calumet;
    (f)  Furnish free of cost to the United States all lands,
easements, rights-of-way and soil  disposal  areas  necessary
for the new work and for subsequent maintenance by the United
States;
    (g)  Provide   for   the  necessary  relocations  of  all
utilities.
    Whatever land  acquired  by  the  sanitary  district  may
thereafter  be  determined  by  the  Board  of  Trustees upon
recommendation of the general  superintendent  as  not  being
needed  by the United States for the purposes of constructing
and maintaining the Calumet-Sag Navigation Project  as  above
described, shall be retained by the sanitary district for its
corporate  purposes,  or  be sold, with all convenient speed,
vacated or released (but not leased) as its Board of Trustees
upon  recommendation  of  the  general   superintendent   may
determine: All sales of such real estate must be for cash, to
the  highest  bidder  upon  open,  competitive  bids, and the
proceeds of the sales may be used only  for  the  purpose  of
paying  principal  and  interest upon the bonds authorized by
this Act, and if no  bonds  are  then  outstanding,  for  the
purpose  of  paying  principal  and interest upon any general
obligation bonds of the sanitary district, and for  corporate
purposes  of  the  sanitary  district.  When the proceeds are
used to pay bonds and interest,  proper  abatement  shall  be
made in the taxes next extended for such bonds and interest.
(Source:  P.A.  89-445,  eff.  2-7-96;  89-502, eff. 6-28-96;
90-568, eff. 1-1-99.)

    (70 ILCS 2605/9.6c new)
    Sec. 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 revenue
bonds payable from any  lawfully  available  revenue  source,
including   without   limitation  receipts  from  the  loans.
Assistance bonds shall  not  be  subject  to  any  referendum
requirement  and  shall  not be treated as indebtedness under
any applicable provision of law setting  forth  a  limitation
upon or requirement with respect to the legal indebtedness of
the district.

    (70 ILCS 2605/9.8) (from Ch. 42, par. 328.8)
    Sec. 9.8.  Except as is otherwise provided by Sections 9,
9.1,  9.2,  9.3, 9.5, 9.6, 9.6a, 9.6c, and 9b, and 9c of this
Act, whenever  the  corporate  authorities  of  the  Sanitary
District  desire  to  issue  bonds  for  any of its corporate
purposes, they shall by ordinance direct that  the  ordinance
or  ordinances for the issuance of such bonds be submitted to
the legal voters of such sanitary district at  any  election.
The  clerk  of  such  sanitary  district  shall  certify  the
ordinance  and  the question to the proper election officials
who shall submit the question at an  election  in  accordance
with  the  general  election  law.  The  question shall be in
substantially the following form:
-------------------------------------------------------------
    Shall bonds for the purpose of             YES
(State purpose) in the sum of.... be     --------------------
issued by the Sanitary District of....?       NO
-------------------------------------------------------------
    It shall not be necessary to print in full on the  ballot
any such ordinance authorizing the issuance of bonds.
    The  result  of  the  referendum on the question shall be
entered upon the records of the district.
(Source: P.A. 83-333.)
    Section 95.  No acceleration or delay.   Where  this  Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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