(65 ILCS 5/11-139-4) (from Ch. 24, par. 11-139-4)
Sec. 11-139-4.
Whenever an existing waterworks or sewerage system is
included in a combined waterworks and sewerage system under this Division
139 and there are unpaid obligations previously issued, which are payable
solely from the revenue or secured by a mortgage of the waterworks or
sewerage system, or any part thereof, or whenever there are unpaid
obligations previously issued which are payable solely from the revenue of
the combined waterworks and sewerage system, the unpaid obligations may be
refunded by the issue and exchange therefor of revenue bonds, to be issued
under this Division 139, with the consent of the respective holders of the
unpaid obligations. The holders of revenue bonds issued under this Division
139, whether (1) for refunding or (2) for acquisition, construction,
extension, or improvement, or both, have the same rights and privileges
with respect to payment and there is no distinction between revenue bonds
issued for the 2 purposes unless it is specifically provided in the
ordinance authorizing the issuance of bonds that the bonds, or such ones
thereof as may be specified, issued for such acquisition, construction,
extension or improvement, shall, to the extent and in the manner
prescribed, be subordinated and be junior in standing, with respect to the
payment of principal and interest and the security thereof, to such other
bonds payable from the revenue of the combined waterworks and sewerage
system as are specified in such ordinance. Whenever any unpaid obligations
previously issued which are payable solely from the revenue or secured by a
mortgage of any waterworks or sewerage system included in a combined
waterworks and sewerage system or any combined waterworks and sewerage
system under this Division 139 are refunded, the unpaid obligations shall
be surrendered and exchanged for revenue bonds of the combined waterworks
and sewerage system of a total principal amount which shall not be more but
may be less than the principal amount of the obligations exchanged and the
interest thereon to the date of exchange.
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/11-139-5) (from Ch. 24, par. 11-139-5)
Sec. 11-139-5.
The corporate authorities of any municipality availing
itself of the provisions of this Division 139 shall adopt an ordinance
describing in a general way the contemplated project. If it is intended to
include in the combined waterworks and sewerage system any existing
waterworks or any existing sewerage system, the ordinance shall provide for
its inclusion in the combined system and shall describe in a general way
the existing waterworks or sewerage system to be included in the combined
waterworks and sewerage system. If it is intended to acquire or construct a
combined waterworks and sewerage system, or to extend and improve such a
system, the ordinance shall describe in a general way the system to be
acquired or constructed or the extension or improvement to be made or any
project authorized by Section 11-139-2. It shall not be necessary that the
ordinance refer to plans and specifications nor that there be on file for
public inspection prior to the adoption of such ordinance detailed plans
and specifications of the project. The ordinance shall set out the
estimated cost of the contemplated project, and if any existing waterworks
or sewerage system is included in the project, the ordinance shall state
the means provided for defraying or refunding any unpaid obligation,
payable solely from the revenue or secured by a mortgage of the waterworks
or sewerage system, and if any unpaid obligations payable from the revenue
of the combined waterworks and sewerage system are outstanding and unpaid
the ordinance shall state the means providing for defraying or refunding
any unpaid obligation so payable from the revenue of the combined
waterworks and sewerage system. The ordinance shall determine the period of
usefulness of the contemplated project. The ordinance shall also prescribe
the method of defraying the cost of the contemplated project and fix the
amount of revenue bonds proposed to be issued, the interest rate, and all
other details in connection with the bonds deemed advisable. The ordinance
may contain such covenants and restrictions upon the issuance thereafter of
additional revenue bonds as may be deemed necessary or advisable for the
assurance of the payment of bonds thereby authorized and as may be
thereafter issued.
(Source: P.A. 77-2837.)
|