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90_HB1193
SEE INDEX
Authorizes the Kendall County Forest Preserve District to
make certain land transfers. Amends the Intergovernmental
Cooperation Act. Provides that for purposes of a Municipal
Joint Action Water Agency the water supply may only be
derived from Lake Michigan, the Mississippi River, or the
Missouri River (now Lake Michigan or the Mississippi River).
Amends the Property Tax Code, the Township Code, and the
Illinois Municipal Code regarding the compensation of certain
township and municipal officials. Amends the Township Code
and the Public Aid Code to provide that township supervisors
may serve on the Cook County Townships Public Aid Committee.
Amends the Township Code. Provides that items may be added
to the township meeting agenda only by a three-fifths
majority (now only by a majority) vote of the electors in
attendance at the meeting. Provides that the electors may
authorize the township board of trustees to provide (now the
electors may provide) mental health services by disbursing
existing funds, if available, by contracting with mental
health agencies (now by disbursing funds by an appropriation
to mental health agencies). Deletes provisions concerning
the employment of engineers, the prevention of weeds, audits
of township funds, and township clerk fees. Makes other
changes. Effective immediately.
LRB9003772MWcd
LRB9003772MWcd
1 AN ACT concerning local governments, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. Upon the condition that the sale proceeds be
5 expended by the Kendall County Forest Preserve District for
6 land acquisition for the District, the President of the
7 Kendall County Forest Preserve District, with the advice and
8 consent of the other commissioners, is authorized to execute
9 the necessary deeds or documents of conveyance to transfer to
10 the Kendall County Fair Association at a price of $200,000
11 the fee simple title to the following described land:
12 That part of Section 8, Township 36 North, Range 7
13 East of the Third Principal Meridian, described as
14 follows: beginning at the North West corner of Woodland
15 Acres Subdivision as recorded September 23, 1971, in Book
16 14 of Plats at pages 1 and 2 in the Recorder's Office of
17 Kendall County, Illinois thence North 0 degrees, 21
18 minutes, 00 seconds East along the Westerly line of said
19 Woodland Acres Subdivision extended a distance of 314.7
20 feet to a pipe, thence South 73 degrees, 19 minutes, 39
21 seconds West, 520.13 feet to a pipe; thence North 11
22 degrees, 46 minutes, 45 seconds West, 208.8 feet to a
23 pipe, thence South 73 degrees, 19 minutes, 39 seconds
24 West, 208.8 feet to a pipe on the Westerly line of High
25 Point Road, thence North 11 degrees, 46 minutes, 45
26 seconds West along said Westerly line of High Point Road
27 657.12 feet to a chiseled cross in the centerline of
28 Illinois Route 71, thence Easterly along said centerline
29 being a curve-to the right, and having a radius of
30 4523.44 feet, through a central angle of 7 degrees, 58
31 minutes, 08 seconds, an arc distance of 629.14 feet to a
32 point of tangency, thence north 76 degrees, 15 minutes,
-2- LRB9003772MWcd
1 18 seconds east along said centerline a distance of
2 689.23 feet to a chiseled cross, thence south 12 degrees,
3 24 minutes, 04 seconds East a distance of 1320.74 feet to
4 the North East corner of said Woodland Acres Subdivision,
5 thence South 88 degrees, 26 minutes, 17 seconds West
6 along the Northerly line of said Woodland Acres
7 Subdivision a distance of 679.02 feet to the point of
8 beginning, in the Township of Kendall, Kendall County,
9 Illinois, except that portion falling within Warranty
10 Deed recorded September 12, 1972, as Document 72-4253.
11 Section 10. The President of the Kendall County Forest
12 Preserve District, with the advice and consent of the other
13 commissioners, is authorized to execute the necessary deeds
14 or documents of conveyance to transfer to Kendall Township at
15 a price of $10 the fee simple title to the following
16 described land:
17 That part of the Southeast Quarter of Section 8,
18 Township 36 North, Range 7 East of the Third Principal
19 Meridian described as follows: Commencing at the
20 Intersection of the center line of Immanuel Road with the
21 center line of Legion Road extended from the East; thence
22 northeasterly along said Legion Road center line, 369.60
23 feet for a point of beginning; thence northerly parallel
24 with the westerly line of Sublot 10 of said Section 8, as
25 shown by a plat recorded in Plat Book 3 on Page 65, a
26 distance of 165.0 feet, thence southwesterly parallel
27 with said Legion Road center line, 132.0 feet to said
28 westerly line; thence northerly along said westerly line,
29 148.10 feet; thence easterly along a line perpendicular
30 with the last described course, 126.51 feet; thence
31 southerly along a line which forms an angle of 87
32 degrees, 20 minutes, 44 seconds with the last described
33 course, measured counter-clockwise therefrom, 52.77 feet,
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1 thence easterly perpendicular to the last described
2 course 45.0 feet; thence southerly along a line which
3 forms an angle of 91 degrees, 12 minutes, 45 seconds
4 with the last described course, measured
5 counter-clockwise therefrom, 197.42 feet to the center
6 line of Legion Road; thence southwesterly along said
7 center line 43.00 feet to the point of beginning in
8 Kendall Township, Kendall County, Illinois and containing
9 0.559 acres.
10 Section 15. The Intergovernmental Cooperation Act is
11 amended by changing Section 3.1 as follows:
12 (5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
13 Sec. 3.1. Municipal Joint Action Water Agency.
14 (a) Any municipality or municipalities of this State, any
15 county or counties of this State, any township in a county
16 with a population under 700,000 of this State, any public
17 water district or districts of this State, or any combination
18 thereof may, by intergovernmental agreement, establish a
19 Municipal Joint Action Water Agency to provide adequate
20 supplies of water on an economical and efficient basis for
21 member municipalities, public water districts and other
22 incorporated and unincorporated areas within such counties.
23 For purposes of this Act, the water supply may only be
24 derived from Lake Michigan, or the Mississippi River, or the
25 Missouri River. Any such Agency shall itself be a municipal
26 corporation, public body politic and corporate. A Municipal
27 Joint Action Water Agency so created shall not itself have
28 taxing power except as hereinafter provided.
29 A Municipal Joint Action Water Agency shall be
30 established by an intergovernmental agreement among the
31 various member municipalities, public water districts,
32 townships, and counties, upon approval by an ordinance
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1 adopted by the corporate authorities of each member
2 municipality, public water district, township, or county.
3 This agreement may be amended at any time upon the adoption
4 of concurring ordinances by the corporate authorities of all
5 member municipalities, public water districts, townships, and
6 counties. The agreement may provide for additional
7 municipalities, public water districts, townships in counties
8 with a population under 700,000, or counties to join the
9 Agency upon adoption of an ordinance by the corporate
10 authorities of the joining municipality, public water
11 district, township, or county, and upon such consents,
12 conditions and approvals of the governing body of the
13 Municipal Joint Action Water Agency and of existing member
14 municipalities, public water districts, townships, and
15 counties as shall be provided in the agreement. The
16 agreement shall provide the manner and terms on which any
17 municipality, public water district, township, or county may
18 withdraw from membership in the Municipal Joint Action Water
19 Agency and on which the Agency may terminate and dissolve in
20 whole or in part. The agreement shall set forth the
21 corporate name of the Municipal Joint Action Water Agency and
22 its duration. Promptly upon any agreement establishing a
23 Municipal Joint Action Water Agency being entered into, or
24 upon the amending of any such agreement, a copy of such
25 agreement or amendment shall be filed in the office of the
26 Secretary of State of Illinois. Promptly upon the addition
27 or withdrawal of any municipality, public water district,
28 township in a county with a population under 700,000, or
29 county, or upon the dissolution of a Municipal Joint Action
30 Water Agency, that fact shall be certified by an officer of
31 the Agency to the Secretary of State of Illinois.
32 (b) The governing body of any Municipal Joint Action
33 Water Agency established pursuant to this Section 3.1 shall
34 be a Board of Directors. There shall be one Director from
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1 each member municipality, public water district, township,
2 and county of the Municipal Joint Action Water Agency
3 appointed by ordinance of the corporate authorities of the
4 municipality, public water district, township, or county.
5 Each Director shall have one vote. Each Director shall be the
6 Mayor or President of the member municipality, or the
7 chairman of the board of trustees of the member public water
8 district, the supervisor of the member township, or the
9 chairman of the county board or chief executive officer of
10 the member county or a county board member appointed by the
11 chairman of the county board of the member county, appointing
12 the Director; an elected member of the corporate authorities
13 of that municipality, public water district, township, or
14 county; or other elected official of the appointing
15 municipality, public water district, township, or county.
16 Any agreement establishing a Municipal Joint Action Water
17 Agency shall specify the period during which a Director shall
18 hold office and may provide for the appointment of Alternate
19 Directors from member municipalities, public water districts,
20 townships, or counties. The Board of Directors shall elect
21 one Director to serve as Chairman, and shall elect persons,
22 who need not be Directors, to such other offices as shall be
23 designated in the agreement.
24 The Board of Directors shall determine the general policy
25 of the Municipal Joint Action Water Agency, shall approve the
26 annual budget, shall make all appropriations (which may
27 include appropriations made at any time in addition to those
28 made in any annual appropriation document), shall approve all
29 contracts for the purchase or sale of water, shall adopt any
30 resolutions providing for the issuance of bonds or notes by
31 the Agency, shall adopt its by-laws, rules and regulations,
32 and shall have such other powers and duties as may be
33 prescribed in the agreement. Such agreement may further
34 specify those powers and actions of the Municipal Joint
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1 Action Water Agency which shall be authorized only upon votes
2 of greater than a majority of all Directors or only upon
3 consents of the corporate authorities of a certain number of
4 member municipalities, public water districts, townships, or
5 counties.
6 The agreement may provide for the establishment of an
7 Executive Committee to consist of the municipal manager or
8 other elected or appointed official of each member
9 municipality, public water district, township, or county, as
10 designated by ordinance from time to time by the corporate
11 authorities of the member municipality, public water
12 district, township, or county, and may prescribe powers and
13 duties of the Executive Committee for the efficient
14 administration of the Agency.
15 (c) A Municipal Joint Action Water Agency established
16 pursuant to this Section 3.1 may plan, construct, improve,
17 extend, acquire, finance (including the issuance of revenue
18 bonds or notes as provided in this Section 3.1), operate,
19 maintain, and contract for a joint waterworks or water supply
20 system which may include, or may consist of, without
21 limitation, facilities for receiving, storing, and
22 transmitting water from any source for supplying water to
23 member municipalities, public water districts, townships, or
24 counties (including county special service areas created
25 under the Special Service Area Tax Act and county service
26 areas authorized under the Counties Code), or other public
27 agencies, persons, or corporations. Facilities of the
28 Municipal Joint Action Water Agency may be located within or
29 without the corporate limits of any member municipality.
30 A Municipal Joint Action Water Agency shall have such
31 powers as shall be provided in the agreement establishing it,
32 which may include, but need not be limited to, the following
33 powers:
34 (i) to sue or be sued;
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1 (ii) to apply for and accept gifts or grants or
2 loans of funds or property or financial or other aid from
3 any public agency or private entity;
4 (iii) to acquire, hold, sell, lease as lessor or
5 lessee, transfer or dispose of such real or personal
6 property, or interests therein, as it deems appropriate
7 in the exercise of its powers, and to provide for the use
8 thereof by any member municipality, public water
9 district, township, or county;
10 (iv) to make and execute all contracts and other
11 instruments necessary or convenient to the exercise of
12 its powers (including contracts with member
13 municipalities, with public water districts, with
14 townships, and with counties on behalf of county service
15 areas); and
16 (v) to employ agents and employees and to delegate
17 by resolution to one or more of its Directors or officers
18 such powers as it may deem proper.
19 Member municipalities, public water districts, townships,
20 or counties may, for the purposes of, and upon request by,
21 the Municipal Joint Action Water Agency, exercise the power
22 of eminent domain available to them, convey property so
23 acquired to the Agency for the cost of acquisition, and be
24 reimbursed for all expenses related to this exercise of
25 eminent domain power on behalf of the Agency.
26 All property, income and receipts of or transactions by a
27 Municipal Joint Action Water Agency shall be exempt from all
28 taxation, the same as if it were the property, income or
29 receipts of or transaction by the member municipalities,
30 public water districts, townships, or counties.
31 (d) A Municipal Joint Action Water Agency established
32 pursuant to this Section 3.1 shall have the power to buy
33 water and to enter into contracts with any person,
34 corporation or public agency (including any member
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1 municipality, public water district, township, or county) for
2 that purpose. Any such contract made by an Agency for a
3 supply of water may contain provisions whereby the Agency is
4 obligated to pay for the supply of water without setoff or
5 counterclaim and irrespective of whether the supply of water
6 is ever furnished, made available or delivered to the Agency
7 or whether any project for the supply of water contemplated
8 by any such contract is completed, operable or operating and
9 notwithstanding any suspension, interruption, interference,
10 reduction or curtailment of the supply of water from such
11 project. Any such contract may provide that if one or more
12 of the other purchasers defaults in the payment of its
13 obligations under such contract or a similar contract made
14 with the supplier of the water one or more of the remaining
15 purchasers party to such contract or such similar contract
16 shall be required to pay for all or a portion of the
17 obligations of the defaulting purchasers. No such contract
18 may have a term in excess of 50 years.
19 A Municipal Joint Action Water Agency shall have the
20 power to sell water and to enter into contracts with any
21 person, corporation or public agency (including any member
22 municipality, any public water district, any township, or any
23 county on behalf of a county service area as set forth in
24 this Section) for that purpose. No such contract may have a
25 term in excess of 50 years. Any such contract entered into
26 to sell water to a public agency may provide that the
27 payments to be made thereunder by such public agency shall be
28 made solely from revenues to be derived by such public agency
29 from the operation of its waterworks system or its combined
30 waterworks and sewerage system. Any public agency so
31 contracting to purchase water shall establish from time to
32 time such fees and charges for its water service or combined
33 water and sewer service as will produce revenues sufficient
34 at all times to pay its obligations to the Agency under the
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1 purchase contract. Any such contract so providing shall not
2 constitute indebtedness of such public agency so contracting
3 to buy water within the meaning of any statutory or
4 constitutional limitation. Any such contract of a public
5 agency to buy water shall be a continuing, valid and binding
6 obligation of such public agency payable from such revenues.
7 A Municipal Joint Action Water Agency shall establish
8 fees and charges for the purchase of water from it or for the
9 use of its facilities. No prior appropriation shall be
10 required by either the Municipal Joint Action Water Agency or
11 any public agency before entering into any contract
12 authorized by this paragraph (d).
13 The changes in this Section made by this amendatory Act
14 of 1984 are intended to be declarative of existing law.
15 (e) 1. A Municipal Joint Action Water Agency established
16 pursuant to this Section 3.1 may, from time to time, borrow
17 money and, in evidence of its obligation to repay the
18 borrowing, issue its negotiable water revenue bonds or notes
19 pursuant to this paragraph (e) for any of the following
20 purposes: for paying costs of constructing, acquiring,
21 improving or extending a joint waterworks or water supply
22 system; for paying other expenses incident to or incurred in
23 connection with such construction, acquisition, improvement
24 or extension; for repaying advances made to or by the Agency
25 for such purposes; for paying interest on the bonds or notes
26 until the estimated date of completion of any such
27 construction, acquisition, improvement or extension and for
28 such period after the estimated completion date as the Board
29 of Directors of the Agency shall determine; for paying
30 financial, legal, administrative and other expenses of the
31 authorization, issuance, sale or delivery of bonds or notes;
32 for paying costs of insuring payment of the bonds or notes;
33 for providing or increasing a debt service reserve fund with
34 respect to any or all of the Agency's bonds or notes; and for
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1 paying, refunding or redeeming any of the Agency's bonds or
2 notes before, after or at their maturity, including paying
3 redemption premiums or interest accruing or to accrue on such
4 bonds or notes being paid or redeemed or for paying any other
5 costs in connection with any such payment or redemption.
6 2. Any bonds or notes issued pursuant to this paragraph
7 (e) by a Municipal Joint Action Water Agency shall be
8 authorized by a resolution of the Board of Directors of the
9 Agency adopted by the affirmative vote of Directors from a
10 majority of the member municipalities, public water
11 districts, townships, and counties, and any additional
12 requirements as may be set forth in the agreement
13 establishing the Agency. The authorizing resolution may be
14 effective immediately upon its adoption. The authorizing
15 resolution shall describe in a general way any project
16 contemplated to be financed by the bonds or notes, shall set
17 forth the estimated cost of the project and shall determine
18 its period of usefulness. The authorizing resolution shall
19 determine the maturity or maturities of the bonds or notes,
20 the rate or rates at which the bonds or notes are to bear
21 interest and all the other terms and details of the bonds or
22 notes. All such bonds or notes shall mature within the
23 period of estimated usefulness of the project with respect to
24 which such bonds or notes are issued, as determined by the
25 Board of Directors, but in any event not more than 50 years
26 from their date of issue. The bonds and notes may bear
27 interest, payable at such times, at a rate or rates not
28 exceeding the maximum rate established in the Bond
29 Authorization Act, as from time to time in effect. Bonds or
30 notes of a Municipal Joint Action Water Agency shall be sold
31 in such manner as the Board of Directors of the Agency shall
32 determine, either at par or at a premium or discount, but
33 such that the effective interest cost (excluding any
34 redemption premium) to the Agency of the bonds or notes shall
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1 not exceed a rate equal to the rate of interest specified in
2 the Act referred to in the preceding sentence.
3 The resolution authorizing the issuance of any bonds or
4 notes pursuant to this paragraph (e) shall constitute a
5 contract with the holders of the bonds and notes. The
6 resolution may contain such covenants and restrictions with
7 respect to the purchase or sale of water by the Agency and
8 the contracts for such purchases or sales, the operation of
9 the joint waterworks system or water supply system, the
10 issuance of additional bonds or notes by the Agency, the
11 security for the bonds and notes, and any other matters, as
12 may be deemed necessary or advisable by the Board of
13 Directors to assure the payment of the bonds or notes of the
14 Agency.
15 3. The resolution authorizing the issuance of bonds or
16 notes by a Municipal Joint Action Water Agency shall pledge
17 and provide for the application of revenues derived from the
18 operation of the Agency's joint waterworks or water supply
19 system (including from contracts for the sale of water by the
20 Agency) and investment earnings thereon to the payment of the
21 cost of operation and maintenance of the system (including
22 costs of purchasing water), to provision of adequate
23 depreciation, reserve or replacement funds with respect to
24 the system or the bonds or notes, and to the payment of
25 principal, premium, if any, and interest on the bonds or
26 notes of the Agency (including amounts for the purchase of
27 such bonds or notes). The resolution shall provide that
28 revenues of the Municipal Joint Action Water Agency so
29 derived from the operation of the system, sufficient
30 (together with other receipts of the Agency which may be
31 applied to such purposes) to provide for such purposes, shall
32 be set aside as collected in a separate fund or funds and
33 used for such purposes. The resolution may provide that
34 revenues not required for such purposes may be used for any
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1 proper purpose of the Agency or may be returned to member
2 municipalities.
3 Any notes of a Municipal Joint Action Water Agency issued
4 in anticipation of the issuance of bonds by it may, in
5 addition, be secured by a pledge of proceeds of bonds to be
6 issued by the Agency, as specified in the resolution
7 authorizing the issuance of such notes.
8 4. (i) Except as provided in clauses (ii) and (iii) of
9 this subparagraph 4 of this paragraph (e), all bonds and
10 notes of the Municipal Joint Action Water Agency issued
11 pursuant to this paragraph (e) shall be revenue bonds or
12 notes. Such revenue bonds or notes shall have no claim for
13 payment other than from revenues of the Agency derived from
14 the operation of its joint waterworks or water supply system
15 (including from contracts for the sale of water by the
16 Agency) and investment earnings thereon, from bond or note
17 proceeds and investment earnings thereon, or from such other
18 receipts of the Agency as the agreement establishing the
19 Agency may authorize to be pledged to the payment of revenue
20 bonds or notes, all as and to the extent as provided in the
21 resolution of the Board of Directors authorizing the issuance
22 of the revenue bonds or notes. Revenue bonds or notes issued
23 by a Municipal Joint Action Water Agency pursuant to this
24 paragraph (e) shall not constitute an indebtedness of the
25 Agency or of any member municipality, public water district,
26 township, or county within the meaning of any constitutional
27 or statutory limitation. It shall be plainly stated on each
28 revenue bond and note that it does not constitute an
29 indebtedness of the Municipal Joint Action Water Agency or of
30 any member municipality, public water district, township, or
31 county within the meaning of any constitutional or statutory
32 limitation.
33 (ii) If the Agreement so provides and subject to the
34 referendum provided for in clause (iii) of this subparagraph
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1 4 of this paragraph (e), the Municipal Joint Action Water
2 Agency may borrow money for corporate purposes on the credit
3 of the Municipal Joint Action Water Agency, and issue general
4 obligation bonds therefor, in such amounts and form and on
5 such conditions as it shall prescribe, but shall not become
6 indebted in any manner or for any purpose in an amount
7 including existing indebtedness in the aggregate which
8 exceeds 5.75% of the aggregate value of the taxable property
9 within the boundaries of the participating municipalities,
10 public water districts, townships, and county service areas
11 within a member county determined by the governing body of
12 the county by resolution to be served by the Municipal Joint
13 Action Water Agency (including any territory added to the
14 Agency after the issuance of such general obligation bonds),
15 collectively defined as the "Service Area", as equalized and
16 assessed by the Department of Revenue and as most recently
17 available at the time of the issue of said bonds. Before or
18 at the time of incurring any such general obligation
19 indebtedness, the Municipal Joint Action Water Agency shall
20 provide for the collection of a direct annual tax, which
21 shall be unlimited as to rate or amount, sufficient to pay
22 the interest on such debt as it falls due and also to pay and
23 discharge the principal thereof at maturity, which shall be
24 within 40 years after the date of issue thereof. Such tax
25 shall be levied upon and collected from all of the taxable
26 property within the territorial boundaries of such Service
27 Area at the time of the referendum provided for in clause
28 (iii) and shall be levied upon and collected from all taxable
29 property within the boundaries of any territory subsequently
30 added to the Service Area. Dissolution of the Municipal
31 Joint Action Water Agency for any reason shall not relieve
32 the taxable property within such Service Area from liability
33 for such tax. Liability for such tax for property transferred
34 to or released from such Service Area shall be determined in
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1 the same manner as for general obligation bonds of such
2 county, if in an unincorporated area, and of such
3 municipality, if within the boundaries thereof. The clerk or
4 other officer of the Municipal Joint Action Water Agency
5 shall file a certified copy of the resolution or ordinance by
6 which such bonds are authorized to be issued and such tax is
7 levied with the County Clerk or Clerks of the county or
8 counties containing the Service Area, and such filing shall
9 constitute, without the doing of any other act, full and
10 complete authority for such County Clerk or Clerks to extend
11 such tax for collection upon all the taxable property within
12 the Service Area subject to such tax in each and every year,
13 as required, in amounts sufficient to pay the principal of
14 and interest on such bonds, as aforesaid, without limit as to
15 rate or amount. Such tax shall be in addition to and in
16 excess of all other taxes authorized to be levied by the
17 Municipal Joint Action Water Agency or by such county,
18 municipality, township, or public water district. The
19 issuance of such general obligation bonds shall be subject to
20 the other provisions of this paragraph (e), except for the
21 provisions of clause (i) of this subparagraph 4.
22 (iii) No issue of general obligation bonds of the
23 Municipal Joint Action Water Agency (except bonds to refund
24 an existing bonded indebtedness) shall be authorized unless
25 the Municipal Joint Action Water Agency certifies the
26 proposition of issuing such bonds to the proper election
27 authorities, who shall submit the proposition to the voters
28 in the Service Area at an election in accordance with the
29 general election law, and the proposition has been approved
30 by a majority of those voting on the proposition.
31 The proposition shall be substantially in the following
32 form:
33 -------------------------------------------------------------
34 Shall general obligation
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1 bonds for the purpose of (state
2 purpose), in the sum not to
3 exceed $....(insert amount), Yes
4 be issued by the ......... ------------------------
5 (insert corporate name of the No
6 Municipal Joint Action Water
7 Agency)?
8 -------------------------------------------------------------
9 5. As long as any bonds or notes of a Municipal Joint
10 Action Water Agency created pursuant to this Section 3.1 are
11 outstanding and unpaid, the Agency shall not terminate or
12 dissolve and, except as permitted by the resolution or
13 resolutions authorizing outstanding bonds or notes, no member
14 municipality, public water district, township, or county may
15 withdraw from the Agency. While any such bonds or notes are
16 outstanding, all contracts for the sale of water by the
17 Agency to member municipalities, public water districts,
18 townships, or counties shall be irrevocable except as
19 permitted by the resolution or resolutions authorizing such
20 bonds or notes. The Agency shall establish fees and charges
21 for its operations sufficient to provide adequate revenues to
22 meet all of the requirements under its various resolutions
23 authorizing bonds or notes.
24 6. A holder of any bond or note issued pursuant to this
25 paragraph (e) may, in any civil action, mandamus or other
26 proceeding, enforce and compel performance of all duties
27 required to be performed by the Agency or such counties, as
28 provided in the authorizing resolution, or by any of the
29 public agencies contracting with the Agency to purchase
30 water, including the imposition of fees and charges, the
31 collection of sufficient revenues and the proper application
32 of revenues as provided in this paragraph (e) and the
33 levying, extension and collection of such taxes.
34 7. In addition, the resolution authorizing any bonds or
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1 notes issued pursuant to this paragraph (e) may provide for a
2 pledge, assignment, lien or security interest, for the
3 benefit of the holders of any or all bonds or notes of the
4 Agency, (i) on any or all revenues derived from the operation
5 of the joint waterworks or water supply system (including
6 from contracts for the sale of water) and investment earnings
7 thereon or (ii) on funds or accounts securing the payment of
8 the bonds or notes as provided in the authorizing resolution.
9 In addition, such a pledge, assignment, lien or security
10 interest may be made with respect to any receipts of the
11 Agency which the agreement establishing the Agency authorizes
12 it to apply to payment of bonds or notes. Any such pledge,
13 assignment, lien or security interest for the benefit of
14 holders of bonds or notes shall be valid and binding from the
15 time the bonds or notes are issued, without any physical
16 delivery or further act, and shall be valid and binding as
17 against or prior to any claims of any other party having any
18 claims of any kind against the Agency irrespective of whether
19 such other parties have notice of such pledge, assignment,
20 lien or security interest.
21 A resolution of a Municipal Joint Water Agency
22 authorizing the issuance of bonds or notes pursuant to this
23 paragraph (e) may provide for the appointment of a corporate
24 trustee with respect to any or all of such bonds or notes
25 (which trustee may be any trust company or state or national
26 bank having the power of a trust company within Illinois).
27 In that event, the resolution shall prescribe the rights,
28 duties and powers of the trustee to be exercised for the
29 benefit of the Agency and the protection of the holders of
30 such bonds or notes. The resolution may provide for the
31 trustee to hold in trust, invest and use amounts in funds and
32 accounts created as provided in the resolution. The
33 resolution authorizing the bonds or notes may provide for the
34 assignment and direct payment to the trustee of amounts owed
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1 by public agencies to the Municipal Joint Action Water Agency
2 under water sales contracts for application by the trustee to
3 the purposes for which such revenues are to be used as
4 provided in this paragraph (e) and as provided in the
5 authorizing resolution. Upon receipt of notice of such
6 assignment, the public agency shall thereafter make the
7 assigned payments directly to such trustee.
8 Nothing in this Section authorizes a Joint Action Water
9 Agency to provide water service directly to residents within
10 a municipality or in territory within one mile or less of the
11 corporate limits of a municipality that operates a public
12 water supply unless the municipality has consented in writing
13 to such service being provided.
14 (Source: P.A. 87-1126.)
15 Section 20. The Property Tax Code is amended by
16 changing Section 2-70 as follows:
17 (35 ILCS 200/2-70)
18 Sec. 2-70. Salary. Each multi-township or township
19 board of trustees shall set the salary of its multi-township
20 or township assessor at least 150 days before his or her
21 election. Each township board of trustees shall set the
22 salary of its township assessor at the same time it sets the
23 compensation of its township supervisor.
24 (Source: P.A. 82-554; 88-455.)
25 Section 25. The Bi-State Development Agency Act is
26 amended by adding Section 9 as follows:
27 (45 ILCS 105/9 new)
28 Sec. 9. Conference by communications equipment. The
29 commissioners of the Bi-State Development Agency may
30 participate in a committee or board meeting by conference
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1 telephone or other communication equipment if all persons
2 attending the meeting, including the general public, can hear
3 and communicate with the commissioners when appropriate.
4 Participation in a committee or board meeting in this manner
5 by a commissioner shall constitute presence in person at the
6 meeting.
7 Section 30. The Township Code is amended by changing
8 Sections 30-10, 30-145, 50-15, 50-40, 65-5, 65-20, 70-45, and
9 80-20 as follows:
10 (60 ILCS 1/30-10)
11 Sec. 30-10. Notice of meeting. Notice of the time and
12 place of holding township meetings and the agenda approved by
13 the township board at their prior meeting shall be given by
14 the township clerk (or, in the clerk's absence, the
15 supervisor, assessor, or collector) by posting written or
16 printed notices in 3 of the most public places in the
17 township at least 10 days before the meeting and, if there is
18 an English language newspaper published in the township, by
19 at least one publication in that newspaper before the
20 meeting. The notice shall set forth the agenda as approved
21 by the township board. Additional agenda items may be added
22 only by a three-fifths majority vote of the electors in
23 attendance at the meeting.
24 (Source: P.A. 87-738; 88-62.)
25 (60 ILCS 1/30-145)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 30-145. Mental health services. If a township is
28 not included in a mental health district organized under the
29 Community Mental Health Act, the electors may authorize the
30 township board of trustees to provide mental health services,
31 including services for the alcoholic, the drug addicted, and
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1 the mentally retarded, for residents of the township by
2 disbursing existing funds if available by contracting with an
3 appropriation to mental health agencies approved by the
4 Department of Mental Health and Developmental Disabilities,
5 alcoholism treatment programs licensed by the Department of
6 Public Health, and drug abuse facilities and other alcohol
7 and drug abuse services approved by the Department of
8 Alcoholism and Substance Abuse. To be eligible to receive
9 township funds, an agency, program, facility, or other
10 service provider must have been in existence for more than
11 one year and must serve the township area.
12 (Source: P.A. 83-969; 88-62.)
13 (Text of Section after amendment by P.A. 89-507)
14 Sec. 30-145. Mental health services. If a township is
15 not included in a mental health district organized under the
16 Community Mental Health Act, the electors may authorize the
17 board of trustees to provide mental health services,
18 including services for the alcoholic, the drug addicted, and
19 the mentally retarded, for residents of the township by
20 disbursing existing funds if available by contracting with an
21 appropriation to mental health agencies approved by the
22 Department of Human Services, alcoholism treatment programs
23 licensed by the Department of Public Health, and drug abuse
24 facilities and other alcohol and drug abuse services approved
25 by the Department of Human Services. To be eligible to
26 receive township funds, an agency, program, facility, or
27 other service provider must have been in existence for more
28 than one year and must serve the township area.
29 (Source: P.A. 88-62; 89-507, eff. 7-1-97.)
30 (60 ILCS 1/50-15)
31 Sec. 50-15. Time of entering upon duties.
32 (a) In all counties, the township collectors elected at
33 the township election shall enter upon their duties on
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1 January 1 next following their election and qualification.
2 (b) In all counties, township supervisors and township
3 clerks, in counties having a population less than 500,000
4 shall enter upon their duties on the first Monday of May the
5 month following their election.
6 (c) Beginning with elections in 1981 in all counties,
7 the township and multi-township assessors shall enter upon
8 their duties on January 1 next following their election.
9 (Source: P.A. 82-783; 88-62.)
10 (60 ILCS 1/50-40)
11 Sec. 50-40. Township trustees; time of election and
12 terms. Except in townships organized under Article 15, at the
13 regular township election provided in the general election
14 law there shall be elected 4 members to serve on the township
15 board. They shall be known as township trustees and shall
16 hold their office for a term of 4 years beginning the first
17 Monday of May the month following their election and until
18 their successors are elected and qualified.
19 (Source: P.A. 82-783; 88-62.)
20 (60 ILCS 1/65-5)
21 Sec. 65-5. Compensation of township officers. Township
22 officers are entitled to compensation at the rates specified
23 in this Article for each day necessarily devoted by them to
24 the services of the township in the duties of their
25 respective offices. Compensation set by a multi-township
26 board for the multi-township assessor shall be set at least
27 150 days before the election of that officer. Compensation
28 set by a township board for the township assessor and
29 collector shall be set at the same time the compensation of
30 its supervisor is set.
31 (Source: P.A. 86-1028; 88-62.)
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1 (60 ILCS 1/65-20)
2 Sec. 65-20. Road district treasurer; new township;
3 multi-township officers.
4 (a) Compensation of township officers shall be set by
5 the township board at least 180 days before the beginning of
6 the terms of officers On or before the last Tuesday of March
7 immediately preceding the election of township officers, the
8 township board shall establish the compensation to be paid
9 each township officer elected at that election, including
10 compensation of the road district treasurer, which whose
11 compensation shall be not less than $100 or more than $1,000
12 per year. Compensation of a township assessor and collector
13 shall be set at the same time as the compensation of the
14 township supervisor. Compensation of a multi-township
15 assessor shall be set at least 150 days before his or her
16 election.
17 (b) The compensation to be paid to each officer in a new
18 township established under Section 10-25 shall be determined
19 under this Section by the township board of the township the
20 whole or a part of which comprises the new township and that
21 has the highest equalized assessed valuation (as of December
22 31, 1972) of the old townships that comprise the new
23 township.
24 (c) At least 150 days before On or before the last
25 Tuesday of March immediately preceding the election of
26 multi-township officers, the multi-township board may
27 establish additional pay of those board members for their
28 services in an amount not to exceed $25 per day for each day
29 of services.
30 (Source: P.A. 84-277; 88-62.)
31 (60 ILCS 1/70-45)
32 Sec. 70-45. Supervisors in Cook County. The supervisors
33 of townships in Cook County shall perform the same duties as
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1 supervisors of townships in other counties under township
2 organization, except that they shall not be members of the
3 county board or exercise any of the powers of county board
4 members. They shall have the same compensation for their
5 services prescribed by law for similar services rendered by
6 other township supervisors.
7 Township supervisors may serve as members of the Cook
8 County Townships Public Aid Committee. The supervisors shall
9 not receive additional compensation for duties associated
10 with the Cook County Townships Public Aid Committee but shall
11 be reimbursed for actual and necessary expenses related to
12 service on the Committee.
13 (Source: P.A. 82-783; 88-62.)
14 (60 ILCS 1/80-20)
15 Sec. 80-20. Independent audit of accounts.
16 (a) All accounts audited under this Article (and those
17 rejected, if any) shall be delivered with the certificate of
18 the trustees (or a majority of them) to the township clerk,
19 who shall keep them on file for the inspection of any of the
20 inhabitants of the township. They shall also be produced by
21 the township clerk at the next annual meeting and shall be
22 read at the meeting by the clerk.
23 (b) In townships that appropriate $200,000 or more
24 during any fiscal year, exclusive of road funds, the township
25 board shall have the accounts and all records of the township
26 thoroughly audited by a certified public accountant within 6
27 months after the close of each fiscal year. The board shall
28 have a copy of the accountant's report and recommendations
29 filed with the township clerk and another copy filed with the
30 county clerk for public inspection.
31 (c) In townships that appropriate less than $200,000
32 during any fiscal year, exclusive of road funds, the township
33 board shall have the accounts and all records of the township
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1 audited and inspected by an independent auditing committee
2 composed of 3 township electors chosen by the board. The
3 audit shall be completed within 6 months after the close of
4 each fiscal year. A copy of the auditing committee's report
5 and recommendations shall be filed with the township clerk
6 and another copy shall be filed with the county clerk for
7 public inspection. The auditing committee shall not contain
8 any member of the township board or any person related to a
9 trustee. Members of the auditing committee shall be
10 proficient in accounting principles and practices and shall
11 be compensated at a rate determined by the township board but
12 not to exceed $50 per day. Audits performed by an auditing
13 committee under this subsection do not fulfill the obligation
14 of the township electors to order an audit under Section
15 30-175. In addition to the other audit requirements imposed
16 by law, in townships subject to this subsection, the township
17 board shall have the accounts and all records of the township
18 thoroughly audited by a certified public accountant within 6
19 months after (i) the end of each term of office of the
20 township supervisor and (ii) a vacancy occurs in the office
21 of township supervisor. A copy of the accountant's report and
22 recommendations shall be filed with the township clerk and
23 another copy shall be filed with the county clerk for public
24 inspection.
25 (Source: P.A. 87-388; 87-847; 88-62; incorporates 88-360;
26 88-670, eff. 12-2-94.)
27 Section 35. The Illinois Municipal Code is amended by
28 changing Section 3.1-50-10 as follows:
29 (65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)
30 Sec. 3.1-50-10. Fixing salaries. The corporate
31 authorities of a municipality may fix the salaries of all
32 municipal officers and employees in the annual appropriation
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1 or budget ordinance. They may fix the salary of all officers
2 who hold elective office for a definite term in an ordinance
3 other than the appropriation or budget ordinance. The
4 salaries that are fixed in the annual appropriation ordinance
5 shall neither be increased nor diminished during the fiscal
6 year for which the appropriation is made. The salaries that
7 are fixed by ordinance for those officers who hold elective
8 office for a definite term shall neither be increased nor
9 diminished during that term and shall be fixed at least 180
10 days before the beginning of the terms of the officers whose
11 compensation is to be fixed 2 months before to a general
12 municipal election in which voting is held for those offices.
13 (Source: P.A. 87-1119.)
14 Section 40. The Illinois Public Aid Code is amended by
15 changing Section 11-8 as follows:
16 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
17 Sec. 11-8. Appeals - To Whom taken. Applicants or
18 recipients of aid may, at any time within 60 days after the
19 decision of the County Department or local governmental unit,
20 as the case may be, appeal a decision denying or terminating
21 aid, or granting aid in an amount which is deemed inadequate,
22 or changing, cancelling, revoking or suspending grants as
23 provided in Section 11-16, or determining to make a
24 protective payment under the provisions of Sections 3-5a or
25 4-9, or a decision by an administrative review board to
26 impose administrative safeguards as provided in Section 8A-8.
27 An appeal shall also lie when an application is not acted
28 upon within 30 days after the filing of the application, or
29 within a different time period as provided by rule of the
30 Illinois Department, if an adjustment is necessary to conform
31 with Federal requirements.
32 If an appeal is not made, the action of the County
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1 Department or local governmental unit shall be final.
2 Appeals by applicants or recipients under Articles III,
3 IV, V or VII shall be taken to the Illinois Department.
4 Appeals by applicants or recipients under Article VI
5 shall be taken as follows:
6 (1) In counties under township organization (except
7 such counties in which the governing authority is a Board
8 of Commissioners) appeals shall be to a Public Aid
9 Committee consisting of the Chairman of the County Board,
10 and 4 members who are township supervisors of general
11 assistance, appointed by the Chairman, with the advice
12 and consent of the county board.
13 (2) In counties in excess of 3,000,000 population
14 and under township organization in which the governing
15 authority is a Board of Commissioners, appeals of persons
16 from government units outside the corporate limits of a
17 city, village or incorporated town of more than 500,000
18 population, and of persons from incorporated towns which
19 have superseded civil townships in respect to aid under
20 Article VI, shall be to the Cook County Townships a
21 Public Aid Committee consisting of 2 township supervisors
22 and 3 persons knowledgeable in the area of General
23 Assistance and the regulations of the Illinois Department
24 pertaining thereto and who are not officers, agents or
25 employees of any township, except that township
26 supervisors may serve as members of the Cook County
27 Township Public Aid and Committee. The 5 member
28 committee shall be appointed by the township supervisors.
29 The first appointments shall be made with one person
30 serving a one year term, 2 persons serving a 2 year term,
31 and 2 persons serving a 3 year term. Committee members
32 shall thereafter serve 3 year terms. In any appeal
33 involving a local governmental unit whose supervisor of
34 general assistance is a member of the Committee, such
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1 supervisor shall not act as a member of the Committee for
2 the purposes of such appeal. The township whose action,
3 inaction, or decision is being appealed shall bear the
4 expenses related to the appeal as determined by the Cook
5 County Townships Public Aid Committee. A township
6 supervisor's compensation for general assistance or
7 township related duties shall not be considered an
8 expense related to the appeal except for expenses related
9 to service on the Committee.
10 (3) In counties described in paragraph (2) appeals
11 of persons from a city, village or incorporated town of
12 more than 500,000 population shall be to a Commissioner
13 of Appeals, appointed as an employee of the County
14 Department of Public Aid in accordance with and subject
15 to the provisions of Section 12-21.3.
16 (4) In counties not under township organization,
17 appeals shall be to the County Board of Commissioners
18 which shall for this purpose be the Public Aid Committee
19 of the County.
20 In counties designated in paragraph (1) the Chairman or
21 President of the County Board shall appoint, with the advice
22 and consent of the county board, one or more alternate
23 members of the Public Aid Committee. All regular and
24 alternate members shall be Supervisors of General Assistance.
25 In any appeal involving a local governmental unit whose
26 Supervisor of General Assistance is a member of the
27 Committee, he shall be replaced for that appeal by an
28 alternate member designated by the Chairman or President of
29 the County Board, with the advice and consent of the county
30 board. In these counties not more than 3 of the 5 regular
31 appointees shall be members of the same political party
32 unless the political composition of the Supervisors of the
33 General Assistance precludes such a limitation. In these
34 counties at least one member of the Public Aid Committee
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1 shall be a person knowledgeable in the area of general
2 assistance and the regulations of the Illinois Department
3 pertaining thereto. If no member of the Committee possesses
4 such knowledge, the Illinois Department shall designate an
5 employee of the Illinois Department having such knowledge to
6 be present at the Committee hearings to advise the Committee.
7 In every county the County Board shall provide facilities
8 for the conduct of hearings on appeals under Article VI. All
9 expenses incident to such hearings shall be borne by the
10 county except that in counties under township organization in
11 which the governing authority is a Board of Commissioners (1)
12 the salary and other expenses of the Commissioner of Appeals
13 shall be paid from General Assistance funds available for
14 administrative purposes, and (2) all expenses incident to
15 such hearings shall be borne by the township and the per diem
16 and traveling expenses of the township supervisors serving on
17 the Public Aid Committee shall be fixed and paid by their
18 respective townships. In all other counties the members of
19 the Public Aid Committee shall receive the compensation and
20 expenses provided by law for attendance at meetings of the
21 County Board.
22 In appeals under Article VI involving a governmental unit
23 receiving State funds, the Public Aid Committee and the
24 Commissioner of Appeals shall be bound by the rules and
25 regulations of the Illinois Department which are relevant to
26 the issues on appeal, and shall file such reports concerning
27 appeals as the Illinois Department requests.
28 An appeal shall be without cost to the appellant and
29 shall be made, at the option of the appellant, either upon
30 forms provided and prescribed by the Illinois Department or,
31 for appeals to a Public Aid Committee, upon forms prescribed
32 by the County Board; or an appeal may be made by calling a
33 toll-free number provided for that purpose by the Illinois
34 Department and providing the necessary information. The
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1 Illinois Department may assist County Boards or a
2 Commissioner of Appeals in the preparation of appeal forms,
3 or upon request of a County Board or Commissioner of Appeals
4 may furnish such forms. County Departments and local
5 governmental units shall render all possible aid to persons
6 desiring to make an appeal. The provisions of Sections 11-8.1
7 to 11-8.7, inclusive, shall apply to all such appeals.
8 (Source: P.A. 87-630.)
9 (60 ILCS 1/30-55 rep.)
10 (60 ILCS 1/30-80 rep.)
11 (60 ILCS 1/30-175 rep.)
12 (60 ILCS 1/65-15 rep.)
13 Section 45. The Township Code is amended by repealing
14 Sections 30-55, 30-80, 30-175, and 65-15.
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 220/3.1 from Ch. 127, par. 743.1
4 35 ILCS 200/2-70
5 45 ILCS 105/9 new
6 60 ILCS 1/30-10
7 60 ILCS 1/30-145
8 60 ILCS 1/50-15
9 60 ILCS 1/50-40
10 60 ILCS 1/65-5
11 60 ILCS 1/65-20
12 60 ILCS 1/70-45
13 60 ILCS 1/80-20
14 65 ILCS 5/3.1-50-10 from Ch. 24, par. 3.1-50-10
15 305 ILCS 5/11-8 from Ch. 23, par. 11-8
16 60 ILCS 1/30-55 rep.
17 60 ILCS 1/30-80 rep.
18 60 ILCS 1/30-175 rep.
19 60 ILCS 1/65-15 rep.