SB1865 EngrossedLRB097 05382 RLJ 45439 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Sections 5.2 and 9.6a as follows:
 
6    (70 ILCS 2605/5.2)  (from Ch. 42, par. 324L)
7    Sec. 5.2. Definitions. Where used in this law, "budget
8year" shall mean the fiscal year for which a budget is made.
9"Current year" shall mean the fiscal year in progress, i.e.,
10the fiscal year next preceding the budget year. "Preceding
11year" shall mean the fiscal year preceding the current year.
12    The "Clerk" shall mean that officer so designated as
13provided in Section 4.
14    "Fund" shall mean a sum of money or other resources set
15aside for the purpose of carrying on specific activities or
16attaining certain objectives in accordance with special
17regulations, restrictions, or limitations. A fund shall be a
18distinct financial or fiscal entity.
19    "Accountant" shall mean a public accountant or certified
20public accountant licensed under the laws of this State.
21    "Expenditure" shall mean the amount of obligations
22incurred either paid or to be paid from the appropriations for
23the budget year for all purposes, including current expenses,

 

 

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1retirement of debt, and capital outlays.
2    "Disbursement" shall mean the actual payment in cash for
3any purpose.
4    "Receipt" shall mean cash actually received and shall
5include appropriable cash on hand at the beginning of any
6specified year.
7    "Estimated receipt" shall mean cash estimated to be
8received within the budget year and shall include the cash
9surplus estimated to be appropriable at the beginning of the
10budget year.
11    "Cash basis" shall mean that system of accounting wherein
12revenues are accounted for when received in cash and
13expenditures are accounted for when paid.
14    "Accrual basis" shall mean that system of accounting
15wherein revenues are accounted for when earned or due, even
16though not collected, and expenditures are accounted for as
17soon as liabilities are incurred, whether paid or not.
18    "Function" (activity) of expenditure shall mean the
19particular purpose or group of services aimed at accomplishing
20a certain end for which an expenditure is made.
21    "Line Item" or item shall mean a particular type of
22expenditure within a class or related group of such
23expenditures, i. e., testing service, hospital service, towel
24and laundry service, within the class titled "Impersonal
25Services."
26    "Object" of expenditure shall mean specific articles, or

 

 

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1classes of things for which an expenditure is made, i. e.,
2personal services, impersonal services, materials and
3supplies, machinery and equipment, fixed charges and any such
4other classes of articles or things as may be desirable.
5    "Character" of expenditure shall refer to the relationship
6of total expenditures to current, prior, and future fiscal
7periods, i. e., whether the expenditure is a current expense,
8provision for the retirement of debt, or a capital outlay.
9    "Organization units" shall be the administrative units of
10the district, i. e., departments, major sewage treatment
11plants, and such other operating units or groups of operating
12units as may be deemed desirable by the authorities of the
13Sanitary District.
14    The "committee on finance" shall be any committee so
15appointed and so designated by the board of commissioners for
16the purpose of considering financial matters affecting the
17district.
18    "Sinking Fund Requirements" shall mean the amounts that
19will be needed to pay interest on and principal of bonds.
20    "Construction Fund" shall mean the amounts to be used for
21paying the costs incurred for construction purposes.
22    "Construction Purposes" shall mean the replacement,
23remodeling, completion, alteration, construction, and
24enlargement, including alterations, enlargements and
25replacements which will add appreciably to the value, utility,
26or the useful life of sewage treatment works, administrative

 

 

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1buildings, or flood control facilities, or water quality
2improvement projects, and additions therefor, pumping
3stations, tunnels, conduits and intercepting sewers connecting
4therewith, and outlet sewers together with the equipment and
5appurtenances necessary thereto, and for the acquisition of the
6sites and rights of way necessary thereto, and for engineering
7expenses for designing and supervising the construction of the
8works above described, and for removal of the rock ledge in the
9bed of the Des Plaines River (Illinois Waterway) through the
10City of Joliet.
11    Prior to the commencing of work involved in the removal of
12the rock ledge in the bed of the Des Plaines River formal
13approval shall be obtained for the design and plans for
14accomplishing this work from the Corps of Engineers, U. S.
15Army, and the State of Illinois Department of Natural
16Resources.
17    The Metropolitan Sanitary District of Greater Chicago, its
18agents, successors or assigns shall save the State of Illinois
19harmless from any and all claims of whatever nature which may
20arise as a result of or in consequence of any work which may be
21performed by the District.
22    The rights, powers, and authorities granted in this Act
23shall be subject to the provisions of Section 18 of the Rivers,
24Lakes, and Streams Act.
25    It is the intent and purpose of this Act to provide a legal
26basis which will authorize and require all Sanitary Districts

 

 

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1organized under the provisions hereof to make and execute the
2budgets of their Corporate Funds and Construction Funds in such
3manner that the budgets may be planned and balanced with
4receipts on an actual cash basis and expenditures on an accrual
5basis, and all definitions, terms, provisions and procedures
6set forth in this Act shall be thus construed as applied to
7corporate funds and construction funds.
8(Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07.)
 
9    (70 ILCS 2605/9.6a)  (from Ch. 42, par. 328.6a)
10    Sec. 9.6a. Bonds for sewage treatment and water quality
11improvements. The corporate authorities of a sanitary
12district, in order to provide funds required for the replacing,
13remodeling, completing, altering, constructing and enlarging
14of sewage treatment works, administrative buildings, water
15quality improvement projects, or flood control facilities, and
16additions therefor, pumping stations, tunnels, conduits,
17intercepting sewers and outlet sewers, together with the
18equipment, including air pollution equipment, and
19appurtenances thereto, to acquire property, real, personal or
20mixed, necessary for said purposes, for costs and expenses for
21the acquisition of the sites and rights-of-way necessary
22thereto, and for engineering expenses for designing and
23supervising the construction of such works, may issue on or
24before December 31, 2024, in addition to all other obligations
25heretofore or herein authorized, bonds, notes or other

 

 

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1evidences of indebtedness for such purposes in an aggregate
2amount at any one time outstanding not to exceed 3.35% of the
3equalized assessed valuation of all taxable property within the
4sanitary district, to be ascertained by the last assessment for
5State and local taxes previous to the issuance of any such
6obligations. Such obligations shall be issued without
7submitting the question of such issuance to the legal voters of
8such sanitary district for approval.
9    The corporate authorities may sell such obligations at
10private or public sale and enter into any contract or agreement
11necessary, appropriate or incidental to the exercise of the
12powers granted by this Act, including, without limitation,
13contracts or agreements for the sale and purchase of such
14obligations and the payment of costs and expenses incident
15thereto. The corporate authorities may pay such costs and
16expenses, in whole or in part, from the corporate fund.
17    Such obligations shall be issued from time to time only in
18amounts as may be required for such purposes but the amount of
19such obligations issued during any one budget year shall not
20exceed $150,000,000 plus the amount of any obligations
21authorized by this Act to be issued during the 3 budget years
22next preceding the year of issuance but which were not issued,
23provided, however, that this limitation shall not be applicable
24(i) to the issuance of obligations to refund bonds, notes or
25other evidences of indebtedness, (ii) to obligations issued to
26provide for the repayment of money received from the Water

 

 

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1Pollution Control Revolving Fund for the construction or repair
2of wastewater treatment works, and (iii) to obligations issued
3as part of the American Recovery and Reinvestment Act of 2009,
4issued prior to January 1, 2011, that are commonly known as
5"Build America Bonds" as authorized by Section 54AA of the
6Internal Revenue Code of 1986, as amended. Each ordinance
7authorizing the issuance of the obligations shall state the
8general purpose or purposes for which they are to be issued,
9and the corporate authorities may at any time thereafter pass
10supplemental appropriations ordinances appropriating the
11proceeds from the sale of such obligations for such purposes.
12    The corporate authorities may issue bonds, notes or other
13evidences of indebtedness in an amount necessary to provide
14funds to refund outstanding obligations issued pursuant to this
15Section, including interest accrued or to accrue thereon.
16(Source: P.A. 95-125, eff. 8-13-07; 95-412, eff. 8-24-07;
1796-828, eff. 12-2-09; 96-1308, eff. 1-1-11.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.