093_HB2317sam001

 










                                     LRB093 08053 MKM 14724 a

 1                    AMENDMENT TO HOUSE BILL 2317

 2        AMENDMENT NO.     .  Amend House Bill 2317  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5. The Special Assessment Supplemental Bond and
 5    Procedures Act is amended by changing Sections 20, 45, and 55
 6    and adding Section 65 as follows:

 7        (50 ILCS 460/20)
 8        Sec. 20.  Additional costs allowed. In addition to and in
 9    excess of all costs otherwise permitted to be assessed  under
10    any   special   assessment  law  in  any  special  assessment
11    proceeding, the governing body may in the special  assessment
12    ordinance provide for the following additional amounts in the
13    assessment:
14             (a)  an additional reserve, not to exceed 10% of the
15        amount  of  the  bonds  issued pursuant to this Act, as a
16        reserve for the payment of interest on  or  principal  of
17        bonds  when  due  in  the  event  of  nonpayment  of  any
18        assessments;  provided however, the interest earnings, if
19        any, on the additional reserve shall be  applied  to  the
20        next installment as a partial reduction of payment due;
21             (b)  an  amount  for  the  payment  of interest upon
22        bonds for a period not to exceed the greater of  2  years
 
                            -2-      LRB093 08053 MKM 14724 a
 1        or  a  period ending 6 months after the estimated date of
 2        completion of the acquisition  and  construction  of  the
 3        local  improvement  that  is  the  subject of the special
 4        assessment proceeding; and
 5             (c)  an amount for  bond  discount  (the  difference
 6        between  the face amount of a bond and the price at which
 7        the bond is to  be  sold,  exclusive  of  original  issue
 8        discount)  not  to  exceed  4%  of  the total cost of the
 9        improvement. The reserve provided for by  clause  (a)  of
10        this Section shall be in addition to and in excess of any
11        other  reserve  otherwise permitted by special assessment
12        law including reserves  for  interest  deficiencies.  Any
13        additional cost or reserve to be included by authority of
14        this  Section  shall  be  expressly  provided  for in the
15        special  assessment  ordinance  and  shall   further   be
16        expressly  stated  in  any  engineer's  estimate  of cost
17        prepared  in  connection  with   a   special   assessment
18        ordinance as provided by a special assessment law.
19    (Source: P.A. 90-480, eff. 8-17-97.)

20        (50 ILCS 460/45)
21        Sec.  45.  Bonds.  In lieu of the issuance of vouchers or
22    bonds provided by a special assessment law, Supplemental  Act
23    Assessment  Bonds  payable  from the assessments made under a
24    special  assessment  proceeding  may  be  issued  under  this
25    Section. Supplemental Act Assessment Bonds  shall  be  issued
26    under the following terms and provisions:
27        (a)  They  shall  be  payable  from  the assessments made
28    under a special assessment proceeding and such  other  income
29    or revenues as may lawfully be pledged to the payment of such
30    bonds by a governmental unit.
31        (b)  They  may  be issued in lieu of vouchers at any time
32    after the date of the judicial order of final confirmation of
33    the assessment roll and report. Special Assessment Bonds  may
 
                            -3-      LRB093 08053 MKM 14724 a
 1    be  issued  prior  to  the  expiration  of  the appeal period
 2    provided for in the special assessment law and the issuer and
 3    owners of such bonds may rely on any waiver of the  statutory
 4    appeal  period  executed  by a municipality, county, or other
 5    issuer of such bonds and the owners and parties interested in
 6    land taken,  damaged,  or  assessed  therein,  as  conclusive
 7    evidence  of  the  non-appealability of the final judgment or
 8    order. Parties interested in land taken, damaged, or assessed
 9    for purposes of such waiver and appeal shall include only the
10    owners of record,  mortgagees  of  record,  lien  holders  of
11    record,  and  contract purchasers of any land taken, damaged,
12    or assessed on or after the time when interest begins to  run
13    on   the   assessments   made   under  a  special  assessment
14    proceeding.
15        (c)  They may be issued in an amount not  to  exceed  the
16    amount  of  the assessments confirmed in a special assessment
17    proceeding less  the  principal  amount  of  any  assessments
18    previously paid and less the principal amount of any vouchers
19    that may have previously been issued.
20        (d)  They  may  bear interest at any rate or rates not to
21    exceed the rate or rates permitted by the Bond  Authorization
22    Act;  provided,  however,  that  such rate or rates shall not
23    exceed the rate or rates provided for the unpaid installments
24    of  the  assessments  made  under  the   special   assessment
25    proceeding.
26        (e)  They may pay interest upon such date or dates either
27    annually, semi-annually, monthly, weekly, or otherwise.
28        (f)  They  may  be  subject to redemption with or without
29    premium upon such terms and provisions as may be provided  by
30    the  governing  body, including, without limitation, terms as
31    to the order of redemption (numerical, pro-rata,  by  series,
32    or otherwise) and as to the timing thereof.
33        (g)  They  shall be negotiable instruments under Illinois
34    law.
 
                            -4-      LRB093 08053 MKM 14724 a
 1        (h)  They may be made payable either serially or at term,
 2    or any combination thereof,  in  such  order  of  preference,
 3    priority,   lien   position,   or  rank  (including,  without
 4    limitation, numerical, pro-rata, by series, or otherwise) and
 5    otherwise have any attributes permitted to  bonds  under  the
 6    Local  Government  Debt Reform Act, as the governing body may
 7    provide.
 8    (Source: P.A. 90-480, eff. 8-17-97.)

 9        (50 ILCS 460/55)
10        Sec. 55.  County  clerk  may  collect.  Pursuant  to  the
11    Illinois  constitutional and statutory provisions relating to
12    intergovernmental cooperation, the county clerk of any county
13    in which property subject to a special assessment is  located
14    may,  but shall not be required to, agree to mail bills for a
15    special assessment with the regular tax bills of the  county,
16    or  otherwise as may be provided by a special assessment law.
17    If the clerk agrees to mail such bills with the  regular  tax
18    bills,  then  the  annual  amount  due  as of January 2 shall
19    become due instead in even installments with  each  tax  bill
20    made  during  the  year  in which such January 2 date occurs,
21    thus deferring to later date in the year  the  obligation  to
22    pay the assessments.
23        In the event that the county clerk does not agree to mail
24    such bills, or in the event that the municipality declines to
25    request the county clerk to mail said bills, the municipality
26    still  may  bill  the  annual amount due as of January 2 in 2
27    installments to become due on or about the due dates for  the
28    real  estate  tax bills issued by the county clerk during the
29    year in which such January 2 date occurs, thus  deferring  to
30    later dates in said year the obligation to pay the assessment
31    installment.
32        In  the  event  that the county clerk agrees to mail such
33    bills on behalf of a municipality, the county  may  charge  a
 
                            -5-      LRB093 08053 MKM 14724 a
 1    fee for such services to be paid from the special assessment.
 2    Such  fee  shall  be considered as a cost of making, levying,
 3    and collecting the assessment provided for in Section 9-2-139
 4    of the Illinois Municipal Code.
 5    (Source: P.A. 90-480, eff. 8-17-97.)

 6        (50 ILCS 460/65 new)
 7        Sec. 65.  Rebates. If, after final  settlement  with  the
 8    contractor   for  any  improvements,  there  is  any  surplus
 9    remaining, the Board of Local Improvements  shall  declare  a
10    surplus  and rebate upon each lot, block, tract, or parcel of
11    land assessed the pro rata proportion of  that  surplus.  The
12    Board  of  Local  Improvements  shall  state  which  specific
13    assessment  installments  (including  interest  thereon)  are
14    being  reduced. If the Board of Local Improvements determines
15    these excess amounts have been collected for making, levying,
16    and  collecting  or  for  reserves  for   deficiencies,   the
17    governing  body  can declare a surplus and credit such amount
18    to each lot, block, tract, or parcel of land  assessed  or  a
19    pro  rata  proportion  to  the  next installment as a partial
20    reduction of the payment due or, alternatively, may use  such
21    surplus to retire bonds in any manner so determined.

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