2023 Illinois Compiled Statutes › Chapter 55 - COUNTIES › 55 ILCS 100/ - County Coal Processing Act.

(55 ILCS 100/0.01) (from Ch. 96 1/2, par. 4000)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
County Coal Processing Act.
(Source: P.A. 86-1324.)
(55 ILCS 100/1) (from Ch. 96 1/2, par. 4001)
Sec. 1. 
		
		Any county is authorized to acquire, construct, maintain and
operate a coal processing plant and system for the preparation and
treatment of coal mined within the county and within the State of Illinois
from mines located within five miles of the boundary of such county, such
preparation and treatment to be for the purpose of rendering the coal
smokeless when consumed and of a quality to meet the legal requirements of
municipalities and political subdivisions of this State and of other states
now in effect or hereafter to be placed into effect and which will permit
such prepared coal to be freely purchased, sold and used in such
municipalities and political subdivisions.
(Source: Laws 1940, First Spec.Sess., p. 15.)
(55 ILCS 100/1.1) (from Ch. 96 1/2, par. 4001.1)
Sec. 1.1. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(55 ILCS 100/2) (from Ch. 96 1/2, par. 4002)
Sec. 2. 
		
		Every such county shall have full power to acquire by dedication,
gift, lease, contract or purchase all property, sites, facilities and
rights within such county necessary to process coal in the manner
authorized by this Act and to pay for the purchase or other acquisition
and construction of such plant and system by the issuance of revenue bonds
payable solely from the revenue derived from the operation thereof. Such
bonds shall bear interest at the rate of not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable semiannually, and shall
mature within twenty years from
the date thereof. Each such county is also authorized to issue, sell and
transfer warehouse receipts for such coal and prepared fuel and the by
products thereof.
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.
(Source: P.A. 86-4.)
(55 ILCS 100/3) (from Ch. 96 1/2, par. 4003)
Sec. 3. 
		
		The governing body of any county availing itself of the provisions
of this Act shall adopt a resolution describing in a general way the coal
processing plant and system to be constructed and refer to plans and
specifications therefor prepared for that purpose which shall be open to
the inspection of the public. Said resolution shall set out the estimated
cost of such coal processing plant and system and fix the amount of bonds
proposed to be issued, maturity, interest rate and all details in respect
thereof. Revenue bonds issued under the provisions of this Act shall be
payable solely from the revenues derived from such plant and system, and
such bonds shall not in any event constitute an indebtedness of such county
within the meaning of the constitutional provisions or limitations, and it
shall be plainly stated on the face of each bond that the same has been
issued under the provisions of this Act and that it does not constitute an
indebtedness of such county within any constitutional or statutory
limitation.
After said resolution has been adopted and approved, it shall be
published once in a newspaper published and having a general circulation in
such county, or if there be no such newspaper, then copies of said
ordinance shall be posted in at least four public places, and after the
expiration of ten days from the date of such publication, shall be in full
force and effect.
(Source: Laws 1940, First Spec.Sess., p. 15.)
(55 ILCS 100/4) (from Ch. 96 1/2, par. 4004)
Sec. 4. 
		
		Whenever revenue bonds have been issued under this Act, the
entire revenue received thereafter from the operation of the plant and
system shall be deposited in a separate fund, designated the "Coal
Processing Fund of the County of ....", which shall be used for paying the
cost of maintenance and operation of such plant and system and bonds issued
hereunder. Each such county may provide by resolution for the expenditure
of a reasonable portion of the revenue derived from the operation of the
plant and system for research to improve the quality of the prepared fuel
and the by products of its preparation, to improve the efficiency of the
facilities used in such preparation and for the promotion of the use
thereof.
Rates charged for coal processing shall be sufficient to pay the cost of
maintenance and operation and to pay the principal of and interest upon all
bonds issued under this Act, for the construction of such plant and system,
and such rates shall not be reduced while any of said bonds are unpaid.
Revenue bonds issued under this Act shall be redeemable at any
interest-paying date: Provided, that a written notice is mailed to the
holder of each such bond thirty days prior to such redeemable date,
notifying such holder that said bond will be redeemed on the next
interest-paying date; or, if the holder of such bond is unknown, then a
notice published thirty days prior to such redeemable date in a newspaper
of general circulation in such county describing the bond to be redeemed,
and the date of such redemption, shall be sufficient notice to such holder,
and upon such notice having been mailed to the holder of the bond, or upon
such notice being published in the newspaper in case the holder of the bond
is unknown, all such bonds shall cease bearing interest from and after the
date the county has elected to redeem them.
(Source: Laws 1940, First Spec.Sess., p. 15.)
(55 ILCS 100/5) (from Ch. 96 1/2, par. 4005)
Sec. 5. 
		
		In case any officer whose signature appears on said bonds or coupons
attached thereto, shall cease to be such officer before the delivery of
the bonds to the purchaser, such signature shall, nevertheless, be valid
and sufficient for all purposes, to the same effect as if he had remained
in office until the delivery of the bonds. Such bonds shall have all the
qualities of negotiable paper under the law merchant and the negotiable instrument law.
(Source: Laws 1940, First Spec.Sess., p. 15.)