State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_SB0255eng

      70 ILCS 2105/15.1         from Ch. 42, par. 398.1
      70 ILCS 2105/26b          from Ch. 42, par. 409b
          Amends the River Conservancy Districts Act to require the
      publication of an ordinance to  issue  bonds  or  dissolve  a
      district   to   include   a  description  of  the  district's
      boundaries.  Requires the petition to submit an ordinance  to
      referendum  to  be  signed  by  5%  or more of the district's
      voters who voted at the last preceding  general  election  at
      which  electors  of  the  President and Vice-President of the
      United States were elected (now 10% or more of the registered
      voters in the conservancy district).
                                                     LRB9000889PTcw
SB255 Engrossed                                LRB9000889PTcw
 1        AN ACT to amend the River Conservancy  Districts  Act  by
 2    changing Sections 15.1 and 26b.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  River  Conservancy  Districts  Act  is
 6    amended by changing Sections 15.1 and 26b as follows:
 7        (70 ILCS 2105/15.1) (from Ch. 42, par. 398.1)
 8        Sec. 15.1.  Power  to  borrow  money;  bonds;  ordinance;
 9    referendum.  Any  river  conservancy district organized under
10    this Act for the purpose of carrying out the powers conferred
11    by Section 11 of this Act may borrow money  and  as  evidence
12    thereof  may issue bonds, payable solely from revenue derived
13    from the facilities authorized to be constructed,  purchased,
14    or  acquired  by  Section  11 of this Act. These bonds may be
15    issued in  such  amounts  as  may  be  necessary  to  provide
16    sufficient  funds  to pay all costs of acquiring the land for
17    any such facility or  constructing  such  facility  or  both,
18    including  engineering,  legal,  and other expenses, together
19    with interest on the bonds to a date 6 months  subsequent  to
20    the estimated date of completion.
21        Whenever  the  trustees determine to acquire land for any
22    of the purposes enumerated in Section 11 of this Act  and  to
23    issue  bonds  under  this Section for the payment of the cost
24    thereof, the board  of  trustees  shall  adopt  an  ordinance
25    describing  in  a  general  way  the contemplated project and
26    refer  to  the  preliminary  plans  and  engineering  reports
27    therefor. These preliminary  plans  and  engineering  reports
28    shall  be  filed  with the secretary of the board of trustees
29    and shall be open for inspection by the public.
30        This ordinance shall set out the estimated  cost  of  the
31    project,  fix  the  amount of revenue bonds to be issued, the
SB255 Engrossed             -2-                LRB9000889PTcw
 1    maturity or maturities  thereof,  the  interest  rate,  which
 2    shall not exceed the rate permitted in the Bond Authorization
 3    Act,  payable  annually  or semi-annually, and all details in
 4    connection with the bonds. The ordinance shall  provide  that
 5    the  entire  revenue from the facilities to be constructed or
 6    acquired with the proceeds of the sale of said bonds shall be
 7    set aside as collected and deposited in a separate fund,  and
 8    a  sufficient  amount  thereof shall be used solely in paying
 9    the cost of maintenance and operation of such improvement  or
10    facility,  in providing an adequate depreciation fund, and in
11    paying the principal of and the interest on  said  bonds,  as
12    they  mature. The ordinance may also provide for the issuance
13    of additional bonds for the completion of the improvement  or
14    facility  on  a  parity  with  the  bonds  originally  issued
15    thereunder.  The ordinance shall provide that the conservancy
16    district  will   operate   such   improvement   or   facility
17    continuously  and  that  it  will  fix  and maintain rates or
18    charges for service from or use of the facilities constructed
19    or acquired at all times sufficient to pay promptly the  cost
20    of maintenance and operation of the facilities so constructed
21    or acquired, to provide an adequate depreciation fund, to pay
22    the  principal of and interest on the bonds authorized by the
23    ordinance,  and  to  maintain  a  proper  reserve  fund.  The
24    ordinance shall empower the conservancy district to make such
25    covenants with  respect  to  setting  aside  the  income  and
26    revenue to be derived from the operation of the facilities as
27    may be deemed advisable to assure prompt payment of the bonds
28    and interest thereon as they mature.
29        After  this  ordinance  has  been  adopted,  it  shall be
30    published in the same manner and  form  as  is  required  for
31    other ordinances of the district.
32        The  publication  of the ordinance shall include a notice
33    of (1) the specific number  of  voters  required  to  sign  a
34    petition  requesting that the question of the adoption of the
SB255 Engrossed             -3-                LRB9000889PTcw
 1    ordinance be submitted to the electors of the  district;  (2)
 2    the  time  in  which such petition must be filed; and (3) the
 3    date of the  prospective  referendum.  The  publication  also
 4    shall  include a general description of the boundaries of the
 5    district using easily recognized descriptions. The  secretary
 6    of  the board shall provide a petition form to any individual
 7    requesting one.
 8        If no petition is filed with the secretary of  the  board
 9    as  provided  in  this  section  within  30  days  after  the
10    publication or posting of this ordinance, the ordinance shall
11    be  in  effect after the expiration of this 30 day period. If
12    within the 30  day  period  a  petition  is  filed  with  the
13    secretary  of  the  board  signed  by the requisite number of
14    voters  of  the  district  numbering  10%  or  more  of   the
15    registered voters in the conservancy district asking that the
16    question  of  acquiring  land for the conservancy district or
17    constructing or acquiring the  facilities  described  in  the
18    ordinance   and  the  issuance  of  the  specified  bonds  be
19    submitted to the electors  thereof,  the  board  of  trustees
20    shall  certify  the question to the proper election officials
21    who shall submit the question at an  election  in  accordance
22    with the general election law. The petition must be signed by
23    district  voters  equal  in number to 5% or more of the total
24    number of voters in  the  district  who  voted  at  the  last
25    preceding general election at which electors of the President
26    and Vice-President of the United States were elected.
27        If  a  majority  of the votes cast on the question are in
28    favor of the project, and in favor of  the  issuance  of  the
29    specified  bonds,  the ordinance shall be in effect. But if a
30    majority of the votes cast on the question  are  against  the
31    project  and  the  issuance of the bonds, the ordinance shall
32    not become effective. If the ordinance becomes  effective  it
33    shall  be  recorded in the recorder's office in the county or
34    counties in which the property is located.
SB255 Engrossed             -4-                LRB9000889PTcw
 1        Bonds  issued   under   this   Section   are   negotiable
 2    instruments,  and  shall  be executed by the president and by
 3    the secretary of the board of trustees. In case  any  officer
 4    whose  signature  appears  on  the bonds or coupons ceases to
 5    hold office before the bonds are  delivered,  his  signature,
 6    nevertheless  shall be valid and sufficient for all purposes,
 7    the same as though he had remained in office until the  bonds
 8    were delivered.
 9    (Source: P.A. 87-767.)
10        (70 ILCS 2105/26b) (from Ch. 42, par. 409b)
11        Sec.  26b.  Dissolution of district.  A river conservancy
12    district organized under this Act may  be  dissolved  in  the
13    following manner:
14        Its  board  of  trustees shall adopt an ordinance finding
15    and determining that all outstanding  debts  and  obligations
16    have  been discharged or assumed by another public agency and
17    that the public interest does not require continuation of the
18    district.   The  publication  of  the  ordinance   shall   be
19    accompanied  by a notice of (1) the specific number of voters
20    required to  sign  a  petition  requesting  the  question  of
21    dissolving  the district to be submitted to the electors; (2)
22    the time in which such petition must be filed;  and  (3)  the
23    date  of  the  prospective  referendum.  The publication also
24    shall include a general description of the boundaries of  the
25    district  using easily recognized descriptions.  The district
26    secretary shall provide a petition  form  to  any  individual
27    requesting one.
28        Unless a petition shall be filed with the board within 30
29    days  after  such  publication containing the signatures of a
30    requisite number of electors residing in the  district  equal
31    to  10%  or  more  of  the  registered voters in the district
32    requesting that  the  question  of  the  dissolution  of  the
33    district  be  submitted to an election, the district shall be
SB255 Engrossed             -5-                LRB9000889PTcw
 1    deemed to be dissolved  at  the  expiration  of  the  30  day
 2    period.  If  such  a  petition  is filed, the question of the
 3    dissolution of the district shall be certified to the  proper
 4    election  officials,  who  shall  submit  the question to the
 5    electors of the district at an election  in  accordance  with
 6    the  general  election  law.  The  petition must be signed by
 7    district voters equal in number to 5% or more  of  the  total
 8    number  of  voters  in  the  district  who  voted at the last
 9    preceding general election at which electors of the President
10    and Vice-President of the United States were elected.
11        The question shall  be  in  substantially  the  following
12    form:
13    -------------------------------------------------------------
14        "Shall the ...........               YES
15        River Conservancy District
16                                    -----------------------------
17        be dissolved?"                       NO
18    -------------------------------------------------------------
19    The  result  of  the  election  shall  be  entered  upon  the
20    corporate  records  of  the  district.   If a majority of the
21    ballots cast on the question are marked  "yes"  the  district
22    shall  be dissolved.  But if a majority of the ballots on the
23    question are marked "no",  the  corporate  authorities  shall
24    proceed  with  the  affairs  of  the  district  as though the
25    dissolution ordinance had never been adopted,  and,  in  such
26    case, the question shall not again be considered for a period
27    of  one  year.  When  the  business  and  affairs of any such
28    district have been closed up  after  dissolution,  such  fact
29    shall  be  certified  by  the board of trustees to the county
30    clerk and recorder of the county or  counties  in  which  the
31    district  was  situated  and  to the Secretary of State.  All
32    assets of the district remaining  after  the  closing  up  of
33    business   affairs   and   the  retiring  of  all  debts  and
34    obligations shall be  paid  to  the  corporate  fund  of  the
SB255 Engrossed             -6-                LRB9000889PTcw
 1    township  in  which  such  district  was  situated.   If such
 2    district was situated in 2  or  more  townships,  the  assets
 3    shall  be  divided  on a pro rata basis between the corporate
 4    fund of each township according to the  value,  as  equalized
 5    and  assessed  by  the  Department of Revenue, of all taxable
 6    property in each township situated within the  boundaries  of
 7    such district.
 8    (Source: P.A. 87-767.)

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