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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-141-2
(65 ILCS 5/11-141-2) (from Ch. 24, par. 11-141-2)
Sec. 11-141-2.
Every municipality may construct or acquire, and may improve, extend,
and operate a sewerage system either within or without the corporate limits
thereof. Every municipality also may, when determined by its corporate
authorities to be in the public interest and necessary for the protection
of the public health, enter into and perform contracts, whether long-term
or short-term, with any industrial establishment for the provision and
operation by the municipality of sewerage facilities to abate or reduce the
pollution of waters caused by discharges of industrial wastes by the
industrial establishment and the payment periodically by the industrial
establishment to the municipality of amounts at least sufficient, in the
determination of such corporate authorities, to compensate the municipality
for the cost of providing (including payment of principal and interest
charges, if any), and of operating and maintaining the sewerage facilities
serving such industrial establishment.
Every municipality may borrow money from the United States Government or
any agency thereof, or from any other source, for the purpose of improving
or extending or for the purpose of constructing or acquiring and improving
and extending a sewerage system and, as evidence thereof, may issue its
revenue bonds, payable solely from the revenue derived from the operation
of the sewerage system by that municipality. These bonds may be issued with
maturities not exceeding 40 years from the date of the bonds, and in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the improvement or extension or construction or acquisition and
improvement and extension of the sewerage system, including engineering,
legal, and other expenses, together with interest, to a date 6 months
subsequent to the estimated date of completion. These bonds shall bear
interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually, may
be made registerable as to principal, and may be made callable on any
interest payment date at a price of par and accrued interest under such
terms and conditions as may be fixed by the ordinance authorizing the
issuance of the bonds. Bonds issued under this Division 141 are negotiable
instruments. They shall be executed by the mayor or president of the
municipality and by the municipal clerk and shall be sealed with the
corporate seal of the municipality. In case any officer whose signature
appears on the bonds or coupons ceases to hold that office before the bonds
are delivered, his signature, nevertheless, shall be valid and sufficient
for all purposes, the same as though he had remained in office until the
bonds were delivered. The bonds shall be sold in such manner and upon such
terms as the corporate authorities shall determine, except that the selling
price shall be such that the interest cost to the municipality of the
proceeds of the bonds shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually,
computed to maturity according to the standard table of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-141-3
(65 ILCS 5/11-141-3) (from Ch. 24, par. 11-141-3)
Sec. 11-141-3.
Whenever the corporate authorities of a municipality determine to
improve or extend or to construct or acquire and improve and extend a
sewerage system and to issue bonds, under this Division 141, for the
payment of the cost thereof, the corporate authorities shall adopt an
ordinance describing, in a general way, the contemplated project. It is
not 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.
Whenever a municipality has been directed by an order issued under
"An Act to establish a Sanitary Water Board and to control, prevent and
abate pollution of the streams, lakes, ponds and other surface and
underground waters in the State, and to repeal an Act named therein",
approved July 12, 1951, as now or hereafter amended, or the
"Environmental Protection Act", enacted by the 76th
General Assembly, to abate its discharge of untreated or inadequately
treated sewage, this fact shall be set out in the ordinance, unless the
order to abate the discharge has been reversed on appeal.
The ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, and fix the amount of
revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and all the details
in connection with the bonds. The ordinance may contain such covenants
and restrictions upon the issuance of additional revenue bonds
thereafter, which will share equally the revenue of the sewerage system,
as may be deemed necessary or advisable for the assurance of the payment
of the bonds first issued. Any municipality may also provide in the
ordinance authorizing the issuance of bonds under this Division 141 that
the bonds, or such ones thereof as may be specified, 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 as are designated in the
ordinance.
The ordinance shall pledge the revenue derived from the operation of
the sewerage system for the purpose of paying the cost of operation and
maintenance of the system, providing an adequate depreciation fund, and
paying the principal and interest on the bonds of the municipality
issued under this Division 141.
This amendatory Act (Public Act 76-1983) applies to bonds which are
authorized but not sold on its effective date.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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65 ILCS 5/11-141-4
(65 ILCS 5/11-141-4) (from Ch. 24, par. 11-141-4)
Sec. 11-141-4.
Within 10 days after this ordinance has been passed,
it shall be published at least once in one or more newspapers published
in the municipality, or, if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality.
If the ordinance specifies that the municipality has been directed by
an order issued under the provisions of "An Act to establish a Sanitary
Water Board and to control, prevent and abate pollution of the streams,
lakes, ponds and other surface and underground waters in the State, and
to repeal an Act named therein", approved July 12, 1951, as heretofore
and hereafter amended, and the Environmental Protection Act, to abate its
discharge of untreated or inadequately treated sewage, the ordinance
authorizing the issuance of those revenue bonds shall be in effect
immediately upon its adoption and publication, or posting, as provided in
this section, notwithstanding any provision in this Code or any other law
to the contrary.
In all other cases, if no petition is filed with the municipal clerk
as hereinafter provided in this section, within 30 days after the
publication or posting of the ordinance, the ordinance shall be in
effect after the expiration of that 30 day period. In such cases
the publication or posting of the ordinance shall be accompanied by a
notice of (1) the specific number of voters required to sign a petition
requesting the question of improving or extending or of construction or
acquiring and improving and extending a sewerage system and of issuing
revenue bonds to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective referendum.
The municipal clerk shall provide a petition form to any individual
requesting one. But if within that 30 day period a petition is filed with
the municipal clerk signed by electors of the municipality numbering 10% or
more of the number of registered voters in the municipality, asking that
the question of improving or extending or of construction or acquiring
and improving and extending a sewerage system and of issuing revenue
bonds to pay the cost thereof be submitted to the electors of the
municipality, the municipal clerk of the municipality shall certify the
question for submission at an election.
If a majority of the electors voting upon the question
voted in favor thereof, the ordinance shall be in effect, but if a
majority of the electors voting upon the questions are not in favor
thereof, the ordinance shall not take effect.
(Source: P.A. 87-767.)
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65 ILCS 5/11-141-5
(65 ILCS 5/11-141-5) (from Ch. 24, par. 11-141-5)
Sec. 11-141-5.
All bonds issued under this Division 141 are payable solely
from the revenue derived from the operation of the sewerage system;
provided, that bonds issued under this Division 141 may also be
payable from funds pledged by the municipality issuing such bonds pursuant
to the Illinois Finance Authority
Act.
Notwithstanding any such pledge or any other matter, these
bonds shall not, in any event, constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory
limitation. It shall be plainly stated on the face of each bond that the
bond has been issued under this Division 141 and that it does not
constitute an indebtedness of the municipality within any constitutional or
statutory limitation.
(Source: P.A. 93-205, eff. 1-1-04.)
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