SB 3425 — MUNI CD-WATER COMMISSION

SB3425 EngrossedEnrolled LRB098 17160 JLK 52247 b AN ACT concerning local government.

The Illinois Municipal Code is amended by changing Section 11-135-28-4-1 as follows:

(65 ILCS 5/11-135-2)5/8-4-1) (from Ch.

11-135-2)8-4-1) Sec.

11-135-2.8-4-1.

UponNo bonds shall be issued by the adoptioncorporate authorities of any municipality until the question of authorizing such anbonds ordinancehas orbeen resolutionsubmitted byto the corporateelectors authorities of anythat suchmunicipality municipality,provided that notice of the mayorbond orreferendum, president,if held before July 1, 1999, has been given in accordance with the approvalprovisions of Section 12-5 of the corporateElection authorities,Code shallin appointeffect at the time of the bond referendum, at least 10 and not more than 45 days before the date of the election, notwithstanding the time for publication otherwise imposed by Section 12-5, and approved by a commissioner.majority of the electors voting upon that question.

IfNotices underrequired Sectionin 11-135-3connection awith waterthe commissionsubmission meetsof thepublic participatoryquestions requirements,on thator waterafter commissionJuly 1, 1999 shall appointbe aas commissioner.set forth in Section 12-5 of the Election Code.

The commissionersclerk soshall appointedcertify bythe eachproposition of such municipalities and participatory water commissions together with a like commissioner appointed by the presidingcorporate officerauthorities ofto the countyproper boardelection withauthority thewho adviceshall andsubmit consent of the countyquestion boardat ofan theelection county in whichaccordance thewith major part of the worksgeneral ofelection thelaw, watersubject commission are, or are to be, located, shall constitute a commission and public corporation with the powersnotice andprovisions dutiesset specifiedforth in this DivisionSection. 135.

TheSB3425 corporateEnrolled name- of2 the- commissionLRB098 shall17160 beJLK "(here52247 insertb anNotice appropriate name indicative of theany area)such Waterelection Commission"shall andcontain as such the Commissionamount mayof contractthe andbond beissue, contractedpurpose with,for andwhich sueissued, and bemaximum SB3425rate Engrossedof -interest. 2 - LRB098 17160 JLK 52247 b sued.

TheIn commissionersaddition soto appointedall shallother serveauthority forto aissue termbonds, the Village of 6Indian years,Head orPark untilis theirauthorized successorsto haveissue beenbonds appointedfor andthe havepurpose qualifiedof inpaying the samecosts mannerof asmaking theroadway originalimprovements appointments,in exceptan thatamount not to exceed the commissionersaggregate firstprincipal appointedamount shallof determine$2,500,000, byprovided lotthat at60% theirof firstthe meetingvotes cast at the respectivegeneral commissionersprimary whoseelection termsheld shallon beMarch for18, 2,2014 4are andcast 6in yearsfavor fromof the dateissuance of thatthe meeting.bonds, and the bonds are issued by December 31, 2014.

EachHowever, commissionerwithout appointed by a mayor or president shall be an elector or the chiefsubmission administrator of the municipalityquestion forof whichissuing hebonds actsto as commissioner, and the commissionerelectors, appointed by the presidingcorporate officerauthorities of theany countymunicipality boardmay shallauthorize bethe anissuance elector of theany county in which the major works of the waterfollowing commissionbonds: are, or are to be, located.

Any(1) commissionerBonds soto appointedrefund mayany beexisting abonded memberindebtedness; of the governing board or officer or employee of the municipality or county from which the appointment is made.

A(2) commissionerBonds isto eligiblefund foror reappointmentrefund uponany theexisting expirationjudgment ofindebtedness; his term.

A(3) vacancyIn shallany bemunicipality filledof forless thethan balance500,000 ofpopulation, bonds to anticipate the unexpiredcollection termof installments of thespecial personassessments whoand hasspecial ceasedtaxes toagainst holdproperty officeowned by the mayor,municipality presidentand orto countyanticipate boardthe presidingcollection officerof whothe initiallyamount madeapportioned suchto appointment in the samemunicipality manner as thepublic originalbenefits appointment.under Article 9;

Each(4) commissionerBonds shallissued receiveby theany samemunicipality compensation,under asSections determined8-4-15 bythrough a8-4-23, majority11-23-1 ofthrough the11-23-12, appointing11-25-1 authoritiesSB3425 theEnrolled appointing- authority,3 which- shallLRB098 not17160 beJLK more52247 thanb $2,000through per11-26-6, year,11-71-1 exceptthrough that11-71-10, no11-74.3-1 commissionerthrough who11-74.3-7, is11-74.4-1 athrough member11-74.4-11, of11-74.5-1 thethrough governing11-74.5-15, board11-94-1 orthrough officer11-94-7, of11-102-1 thethrough municipality11-102-10, or11-103-11 countythrough from11-103-15, which11-118-1 thethrough SB342511-118-6, Engrossed11-119-1 -through 311-119-5, -11-129-1 LRB098through 1716011-129-7, JLK11-133-1 52247through b11-133-4, appointment11-139-1 isthrough made11-139-12, may11-141-1 receivethrough any11-141-18 compensationof forthis servingCode or 10-801 through 10-808 of the Illinois Highway Code, as commissioner.amended;

Each(5) commissionerBonds shallissued furnishby athe bondboard forof education of any school district under the faithfulprovisions performanceof Sections 34-30 through 34-36 of hisThe officialSchool duties.Code, as amended;

This(6) bondBonds shallissued notby beany lessmunicipality thanunder $5,000the andprovisions itsof costsDivision shall6 beof paidthis byArticle the8; commission.

Eachand commissionerby may be removed for any causemunicipality forunder whichthe anyprovisions otherof municipalDivision officer7 mayof bethis removed.Article 8;

No commissioner, or employeeunder of the commission,provisions and no mayor, or president, or other member of theSections corporate11-121-4 authorities,and or11-121-5; any employee of any of the municipalities, shall be interested directly or indirectly in any contract or job of work or materials, or the profits thereof, or services to be performed for or by the commission.

A(7) violationBonds to pay for the purchase of voting machines by any ofmunicipality thethat foregoinghas provisionsadopted Article 24 of thisThe sectionElection isCode, aapproved ClassMay C11, misdemeanor.1943, as amended;

A(8) convictionBonds isissued causeby forany themunicipality removalunder Sections 15 and 46 of athe person"Environmental fromProtection hisAct", officeapproved orJune employment.29, 1970;

(9) Bonds issued by the corporate authorities of any municipality under the provisions of Section 8-4-25 of this Article 8;

SB3425 Enrolled - 4 - LRB098 17160 JLK 52247 b (10) Bonds issued under Section 8-4-26 of this Article 8 by any municipality having a board of election commissioners;

(11) Bonds issued under the provisions of "An Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and nonhome rule municipalities and counties", approved September 21, 1973;

(12) Bonds issued under Section 8-5-16 of this Code;

(13) Bonds to finance the cost of the acquisition, construction or improvement of water or wastewater treatment facilities mandated by an enforceable compliance schedule developed in connection with the federal Clean Water Act or a compliance order issued by the United States Environmental Protection Agency or the Illinois Pollution Control Board;

provided that such bonds are authorized by an ordinance adopted by a three-fifths majority of the corporate authorities of the municipality issuing the bonds which ordinance shall specify that the construction or improvement of such facilities is necessary to alleviate an emergency condition in such municipality;

(14) Bonds issued by any municipality pursuant to Section 11-113.1-1;

(15) Bonds issued under Sections 11-74.6-1 through 11-74.6-45, the Industrial Jobs Recovery Law of this Code;

(16) Bonds issued under the Innovation Development and SB3425 Enrolled - 5 - LRB098 17160 JLK 52247 b Economy Act, except as may be required by Section 35 of that Act.

90-517,96-939, eff.

8-22-97;6-24-10;

91-659,96-1394, eff.

12-22-99.)7-29-10;

97-333, eff.

8-12-11.) Section 99.

Effective date.

This Act takes effect upon becoming law.