HB1216 103RD GENERAL ASSEMBLY

LRB103 05028 AWJ 50041 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1216

Introduced 1/31/2023, by Rep. Kevin Schmidt

SYNOPSIS AS INTRODUCED:

New Act

Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Metro East Development Act.

Section 5. Legislative findings and purpose.

(a) The General Assembly finds that:

(1) blight, deterioration, and decay in the Metro East counties of Madison, Monroe, Randolph, and St. Clair have resulted in the following problems:

(A) the inefficient and wasteful use of land resources;

(B) the destruction of irreplaceable natural, industrial, recreational, residential, and commercial resources;

(C) diminished opportunities for the home-building industry to replace substandard housing and to operate at the industry's highest potential by providing good housing for those who now live in depressed areas and those expected to move to depressed areas in the future;

(D) the need for costly public facilities and services at all levels;

(E) unduly limited housing options for many residents of depressed areas;

(F) the failure to make the most economic use of the land available for development in depressed areas;

(G) diminished employment and business opportunities for citizens of depressed areas and, as a result, the inability of depressed areas to retain a tax base adequate to support vital services for citizens in those areas, particularly the poor and disadvantaged; and

(H) decreased effectiveness of public and private facilities for urban transportation; and

(2) better patterns of development and revitalization in the Metro East's depressed areas are essential to accommodate future population growth, to prevent further deterioration of the area and further deterioration of the people's physical and social environment, and to make a positive contribution to improving the overall quality of life in the Metro East's depressed areas;

(3) maintenance of the health, welfare, morals, and safety of the depressed area's citizens requires well-planned, diversified, and economically sound community development, including major economic developments in those areas; and

(4) desirable community development on a large scale has been prevented by difficulties in:

(1) obtaining adequate financing at moderate cost for enterprises that involve large initial capital investment, extensive periods before investment can be returned, and regular patterns of return;

(2) assembling in a timely manner sufficiently large sites in economically favorable locations at reasonable costs; and

(3) making, in a timely and coordinated manner, necessary arrangements among all private and public organizations involved in providing site-related improvements, such as improvements to streets, sewer and water facilities, and other public and community facilities and accommodations.

(b) It is the purpose of this Act to address and resolve these issues through the creation of the Metro East Development Authority.

Section 10. Definitions. As used in this Act, unless the context requires otherwise:

"Authority" means the Metro East Development Authority created by this Act.

"Blighted area" means an area of not less than 2 acres, in the aggregate, located within the territorial limits of a depressed area and within which commercial, industrial, residential, recreational, or educational buildings, facilities, or improvements are detrimental to the public safety, health, morals, or welfare, because of age, dilapidation, obsolescence, overcrowding, inadequate ventilation, inadequate lighting, inadequate sanitary facilities, inadequate utilities, excessive land coverage, deleterious land use or layout, or any combination of those factors.

"Depressed area" means an area in the Metro East that the Authority determines needs redevelopment under this Act.

"Land development" means the process of clearing and grading land; making, installing, or constructing water lines and water supply installations, sewer lines, sewage disposal installations, steam plants, gas plants, electricity plants, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or work, whether on or off the site, which the Authority deems necessary or desirable to prepare land for residential, commercial, industrial, or other uses or to provide public facilities or services. "Land development" further means to construct, acquire by gift or purchase, reconstruct, improve, better, or extend any project within or without the Metro East area or partially within the Metro East area, but in no event farther than 3 miles from the territorial boundaries of the Metro East area, and to acquire by gift or purchase lands or rights in land in connection within the Metro East area.

"Metro East" means Madison, Monroe, Randolph, and St. Clair counties.

"Project" means any utility, structure, facility, or other undertaking that will implement a defined, organized, planned and scheduled, diversified, economically and technologically sound, quality community environment, which the Authority is authorized to construct, reconstruct, improve, equip, or furnish under this Act. "Project" includes, but is not limited to, buildings and other facilities intended for use as classrooms, laboratories, student residence halls, instructional and administrative facilities for students, faculty, officers, and employees, motor vehicle parking facilities and fixed equipment, industrial or manufacturing plants or facilities, any industrial park, any commercial facilities, the construction or improvement of streets, sidewalks, and sewer and water facilities, the construction of schools, parks, playgrounds, community and municipal buildings, and the implementation of new community development programs. "Project" further includes, but is not limited to, apartments, housing facilities, health, hospital and medical facilities, stadiums, physical education installations, hotels, motels, dormitories, aquariums, museums, convention centers, planetariums, civic buildings, nursing homes, harbors, and terminal facilities. "Project" does not include the financing for or the construction of plants, projects, or facilities for (1) the manufacture or generation of electric energy in competition with an electric supplier as defined in the Electric Supplier Act or (2) the transmission, distribution, or manufacture of gas in competition with a public utility as defined in the Public Utilities Act.

"Redevelopment area" means a blighted area to be developed in accordance with a redevelopment plan.

"Redevelopment plan" means a comprehensive plan developed pursuant to this Act for clearing, eliminating, rehabilitating, or developing a blighted area and protecting adjacent areas, as well as all administrative and financial details and proposals necessary to effectuate the plan, including, but not limited to, a new community development program.

Section 15. There is created a Metro East Development Authority within the State of Illinois. The Authority shall:

(1) act as public developer in carrying out community development programs in and for depressed areas;

(2) make available adequate assistance necessary for improving depressed areas and to do so through the use of management task force procedures that will rely to the maximum extent on private enterprise;

(3) strengthen the capacity of the State and federal governments to make their resources available to the people of depressed areas;

(4) increase, for all persons living in depressed areas, the available choices of locations for living and working, by providing a more just economic and social environment;

(5) encourage the highest economic use of commercial, industrial, residential, recreational, and educational building sites at reasonable costs;

(6) use improved technology to produce the large volume of well-designed housing needed to accommodate residents of depressed areas;

(7) help create neighborhoods designed for easier access between the places where people live and the place where they work and find recreation;

(8) encourage desirable innovations in meeting domestic problems whether physical, economic, or social; and

(9) assist, plan, develop, build, or construct within the depressed area any facility or project to enhance the community environment when requested to do so by any State, county, or federal agency, school district, community college, municipality, municipal corporation, special district, authority, local or State public body, commission, public corporation, or entity within that area.

Section 20. Members; compensation. The Authority shall consist of the following members: the Director of Commerce and Economic Opportunity or the Director's designee, the Executive Director of the Illinois Housing Development Authority or the Executive Director's designee, the Executive Director of the Illinois Finance Authority or the Executive Director's designee, 3 members appointed by the chairperson of the county board of Madison County, 3 members appointed by the chairperson of the county board of Monroe County, 3 members appointed by the chairperson of the county board of Randolph County, and 3 members appointed by the chairperson of the county board of St. Clair County. The other member of the Authority shall be appointed by the Governor, by and with the advice and consent of the Senate. One member of the Authority shall be designated as chairperson by the members of the Authority.

If the Senate is not in session when the appointment is made, the Governor shall make a temporary appointment as in the case of a vacancy. The member appointed by the Governor shall serve for a 4-year term expiring on the third Monday in January or until his or her successor is appointed and qualified. Any vacancy occurring in the office held by the member appointed by the Governor, whether by death, resignation, or otherwise, shall be filled by the Governor in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for the remainder of the unexpired term or until his or her successor is appointed and qualified.

Members of the Authority shall serve without compensation but shall be reimbursed for their reasonable expenses necessarily incurred in the performance of their duties and the exercise of their powers under this Act. Each member shall, before entering upon the duties of his or her office, take and subscribe to the constitutional oath of office. The oath shall be filed in the office of the Secretary of State.

Section 25. Meetings. The Authority shall meet at the times and places as determined by the Authority or on call of the chairman after at least 5 days' written notice to the members or the request of 2 or more members. Seven members shall constitute a quorum. No vacancy in the membership shall impair the right of a quorum of the members to exercise all of the rights and powers, and to perform all of the duties, of the Authority.

Section 30. Executive director; other employees. The Authority may employ and fix the compensation of an executive director, to serve as the chief executive officer of the Authority, and other agents or employees as it considers necessary or desirable. Agents and employees, other than of technical or engineering personnel, are subject to the Personnel Code. If any employees are transferred to the Authority from any other State agency, the transfer does not affect the status of the employees under the Personnel Code, under any retirement system under the Illinois Pension Code, or under any civil service, merit service, or other law relating to State employment.

Section 35. Rights, powers, and duties. The Authority has the following rights, powers, and duties:

(1) To sue and be sued, implead and be impleaded, and complain and defend in all courts.

(2) To adopt rules for the management and regulation of its affairs.

(3) To acquire, by purchase or gift, and hold or dispose of real or personal property or rights or interests in those gifts or property.

(4) To accept loans or grants of money or materials or property of any kind from a federal or State agency or department or others, upon terms and conditions as may be imposed by the federal or State agency or department.

(5) To borrow money to implement any project or any combination of projects.

(6) To recommend the issuance of revenue bonds to implement any project or combination of projects.

(7) To make contracts and leases, exercise all instruments, and perform all acts and do all things necessary or convenient to carry out the powers granted in this Act.

(8) To develop and recommend to the depressed areas of the Metro East a redevelopment plan for community growth and development of depressed areas.

(9) To collect, analyze, and evaluate statistics, data, and other information (including demographic, economic, social, environmental and governmental information) as will enable the Authority to transmit to the corporate authorities within the Metro East depressed areas, at the beginning of each year, a required report on the growth of depressed areas for the year passed. Such report shall include, but not be limited to:

(A) information and statistics describing characteristics of depressed areas growth and stabilization and identifying significant trends and developments;

(B) a summary of significant problems facing depressed areas as to their growth trends and development;

(C) an evaluation of the progress and effectiveness of federal, State, and local programs designed to meet problems facing depressed areas and to carry out the depressed areas urban growth policies;

(D) an assessment of the policies and structures of existing and proposed interstate and regional planning and development affecting these policies; and

(E) a review of State, federal, local, and private policies, plans, and programs relevant to the Authority's policies.

(10) To lease or rent any of the housing or other accommodations or any of the lands, buildings, structures, or facilities in which the Authority holds fee simple or lesser interest, and to otherwise sell, exchange, transfer, or assign any property, real or personal, or any interest in any property, and to own, hold, clear, and improve property.

(11) To acquire by purchase, gift, or as otherwise provided in this Act the fee simple or lesser title to all or any part of the real property in any redevelopment area.

(12) To renovate or rehabilitate any structure or building acquired, or, if any structure or building or the land supporting it has been acquired, to permit the owner to renovate or rebuild the structure or building in accordance with a redevelopment plan.

(13) To install, repair, construct, reconstruct, or relocate streets, roads, alleys, sidewalks, utilities, and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan.

(14) To mortgage or convey real or personal property acquired for use in accordance with a redevelopment plan.

(15) To borrow money, apply for and accept advances, loans, gifts, grants, contributions, services, or other financial assistance from the federal government or any agency or instrumentality of the federal government, the State, county, municipality, or other public body or from any source, public or private, for or in aid of any of the purposes of the redevelopment plan, and to secure the payment of any loans or advances by the issuance of revenue bonds and by the pledge of any loan, grant, or contribution, or any part of those, or the contracts, to be received from the federal government or any agency or instrumentality of the federal government, and to enter into and carry out contracts in connection with these activities.

(16) To create parks, playgrounds, recreational community education, or water, sewer, or drainage facilities, or any other work which it is otherwise empowered to undertake, adjacent to or in connection with housing projects.

(17) To dedicate, sell, convey, or lease any of its interests in any property, or grant easements, licenses, or other rights or privileges therein to a public housing development body or the federal or State governments.

(18) To exercise all powers available to land clearance commissions under the Blighted Areas Redevelopment Act of 1947, as now or hereafter amended, and to initiate and implement slum and blighted areas redevelopment projects. However, the Authority shall not exercise eminent domain powers under the Blighted Areas Redevelopment Act of 1947, and with reference to the exercise of eminent domain authority, this Act shall control.

(19) To develop a comprehensive redevelopment plan for each neighborhood in the depressed area.

(20) To hold public hearings on redevelopment plans.

(21) To fix, alter, charge, and collect fees, rentals, and other charges for the use of the facilities of or for the services rendered by the Authority, or projects of the Authority, at rates to be determined by agreement or otherwise, for the purpose of providing for the expenses of the Authority, the construction, improvement, repair, equipping, and furnishing of its facilities and properties, the payment of the principal and interest on its obligations and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any obligations. The fees, rentals, and other charges include charges for interest due bond holders on all outstanding construction and improvement, and engineering and administration costs not reimbursed to the Authority, and include charges to reimburse completely the Authority beginning in an appropriate year for the principal on the bonds within a period of years specified by the Authority to meet its bond payment schedules.

(22) To borrow money under a revenue bond ordinance or resolution passed by the Authority within 4 years after the effective date of this Act, for the acquisition, construction, and improvement of projects in amounts as necessary for defraying the cost of the projects and to secure the payment of all or any of its revenues, rentals, and receipts, and to make agreements with the purchasers or holders of the bonds or with others in connection with any bonds whether issued or to be issued, as the Authority deems advisable and, in general, to provide for the security of the bonds and the rights of the holders of the bonds.

However, bonds may not be issued by the Authority unless the Authority offers, in writing, to the State agencies or counties represented by members on the Authority, excluding the member appointed by the Governor, the first opportunity to issue revenue bonds for the project or combination of projects. If the offer to issue bonds is not accepted in writing within 6 weeks, by any of the agencies or municipalities, the Authority may issue revenue bonds for the purpose for which the bonding opportunity was offered to the agencies or municipalities.

(23) To provide that any real property sold by the Authority is used in accordance with the final redevelopment plan, and the Authority shall inquire into and satisfy themselves concerning the financial ability of the purchaser to complete the redevelopment in accordance with the redevelopment plan and shall require the purchaser to execute in writing such undertakings as the Authority deems necessary to obligate the purchaser to:

(A) use the land for the purposes designated in the approved plan;

(B) commence and complete the building of the improvements within the periods of time which the Authority fixes as reasonable; and

(C) comply with other conditions as are necessary to carry out the purposes of the final redevelopment plan.

(24) To sell any property within a redevelopment area that the Authority holds the fee simple title or any lesser interest, provided that all real property shall be sold for at least its use value, which may be less than its acquisition cost.

(25) To pledge, hypothecate, or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.

(26) To pass all resolutions and make all rules and regulations proper and necessary to give effect to the power granted to the Authority under this Act.

Section 45. Depressed areas.

(a) The Authority shall, by resolution, perform an initial study and survey to determine what areas will be considered a depressed area that contains a blighted area.

In making the study and survey, the Authority shall:

(1) cooperate with and use evidence gathered by any public or private organization relative to the existence or extent of blight in the depressed area;

(2) hold public hearings, conduct investigations, hear testimony, and gather evidence relating to blight and its elimination;

(3) create an advisory committee of not less than 11 persons, to be appointed by the chairperson, with the approval of the Authority, and the committee shall consist of representatives from among local merchants, property owners, associations, human relations commissions, labor organizations, and other civic groups; and

(4) formulate a proposed redevelopment plan for Metro East blighted areas, provided that the plan has received the approval and recommendations of a two-thirds majority vote of the members.

(b) If, as a result of their initial study and survey, the Authority determines that the depressed areas have one or more commercially, industrially, residentially, recreationally, educationally, or other blighted areas, the Authority may, by resolution, set forth the boundaries of each blighted area and the factors that exist in the blighted area that are detrimental to the public health, safety, morals, and welfare.

In the same resolution, the Authority may provide for a public hearing on the designation of an area as a blighted area and may submit proposed redevelopment plans for the blighted area.

At least 20 days before the hearing, the Authority shall give notice of the hearing by publication at least once in a newspaper of general circulation within the depressed area.

(c) At the hearing on the designation of an area as a blighted area, the Authority shall introduce the testimony and evidence that entered into their decision to declare an area a blighted area, and shall enter into the record of the proceedings all proposed redevelopment plans received at or prior to the hearing. All interested persons may appear and shall be given an opportunity to testify for or against any proposed redevelopment plan. The hearing may be continued from time to time at the discretion of the Authority to allow necessary changes in any proposed plan or to hear or receive additional testimony from interested persons.

(d) At the conclusion of the hearing on blight, the Authority shall formulate and publish a final redevelopment plan for the blighted area after approval of a two-thirds majority vote of the members of the advisory committee, which plan may incorporate any exhibit, plan, proposal, feature, model, or testimony resulting from the hearing. The final redevelopment plan shall be presented to the corporate authorities in the territory covered by the redevelopment plan. The final redevelopment plan shall be made available for inspection by all interested parties.

(e) Within 30 days after the publication of a final redevelopment plan, any person aggrieved by the action of the Authority may seek a review of the decision and the redevelopment plan under the Administrative Review Law. The provisions of that Law and the rules adopted pursuant to that Law shall apply to review of the final redevelopment plan. If no action is initiated under the Administrative Review Law, or if the court sustains the Authority and the redevelopment plan as presented, or as amended by the court, the Authority may proceed to carry out the final redevelopment plan.

Section 50. Debt; bonds. The Authority is authorized and empowered to incur indebtedness and issue revenue bonds in compliance with paragraph (22) of Section 35 for the purpose of raising funds for carrying out the provisions of a final redevelopment plan providing for the eradication and elimination of blight and acquisition, development or redevelopment of blight areas and any other area which may constitute a redevelopment area within the depressed area. The resolution of the Authority authorizing the issuance of revenue bonds shall specify the total amount of the bonds to be issued, the form and denomination, the date or dates of maturity which shall not be later than 20 years after the date of issuance, and the rate of interest, which rate shall not exceed the rate permitted in the Bond Authorization Act. The bonds shall be executed by the officials under the bond ordinance. The bonds may be made registrable to principal and may be made callable on any interest payment date at par and accrued interest after notice has been given in the manner provided by the bond ordinance. The bonds shall remain valid even though one or more of the officials executing the bonds cease to hold office before the bonds are delivered.

The bonds shall contain a provision that the principal and interest on the principal are payable exclusively from the proceeds and revenues of any redevelopment plan which is financed in whole or in part with the proceeds of the bonds, together with whatever funds of the Authority from whatever source derived as are necessary to constitute a local matching cash grant-in-aid or contribution for the redevelopment plan within the meaning of any applicable federal or State law. Bonds may be additionally secured by a pledge of any loan, grant or contribution, or any part of a loan, grant, or contribution, received from the United States, or any agency or instrumentality of the United States, or any loan, grant, or contribution from any other public or private body, instrumentality, corporation, or individual, or any duly executed contract for the pledge, loan, grant, or contribution.

The officials executing the revenue bonds are not personally liable on the bonds because of their issuance. The bonds are not a debt of any county or the State, or any subdivision of the county or State. The bonds are not payable out of any funds of the Authority except those indicated in this Act.

In connection with the issuance of the revenue bonds authorized by this Act and in order to secure the payment of the bonds, the Authority may recommend to the corporate authority in which the redevelopment plan is proposed subject to the powers and limitations contained in this Act, that the corporate authority convene and agree in the bonds, bond ordinance, or resolution, or any trust agreement executed pursuant thereto, to any necessary condition, power, duty, liability, or procedure for the issuance, payment, redemption, security, marketing, replacement, or refinancing of the bonds, and the use, disposition or control of all or any part of the revenues realized from a redevelopment or new community plan.

The revenue bonds issued pursuant to a resolution passed by the Authority shall be sold to the highest and best bidder at not less than their par value and accrued interest. The Authority shall, from time to time as bonds are to be sold, advertise for proposals to purchase the bonds. Each advertisement may be published in newspapers and journals as the Authority determines, but must be published at least once in a newspaper having a general circulation in the respective area at least 10 days prior to the date of the opening of the bids. The Authority may reserve the rights to reject any and all bids and readvertise for bids.

The bonds may be issued without submitting any proposition to the electorate by referendum or otherwise.

Section 55. Public hearing. Before any proposed new construction of a specific project or proposed rehabilitation project is commenced by the Authority, a public hearing must be held by the Authority affording interested persons residing in the area an opportunity to be heard. There shall be a notice of the time and place of the hearing published at least once, not more than 30 and not less than 15 days before the hearing, in one or more newspapers published in the county that the area of the project is within. This notice shall contain the particular site and location to be affected as well as a brief statement of what is proposed in the project.

Section 60. Deeds. Any deed executed by the Authority under this Act may contain restrictions as may be required by the final redevelopment plan and necessary building and zoning ordinances. All deeds of conveyance shall be executed in the name of the Authority and the seal of the Authority shall be attached to the deeds.

Section 65. Demolition and removal of buildings. The Authority may enter into contracts for the demolition or removal of buildings and for the removal of any debris. The Authority shall advertise for sealed bids for doing this work. The advertisement shall describe by street number or other means of identification the location of buildings to be demolished or removed and the time and place when sealed bids for the work may be delivered to the Authority. The advertisement shall be published once in a newspaper having a general circulation in the respective area 20 days prior to the date for receiving bids.

The contract for doing the work shall be let to the lowest responsible bidder, but the Authority may reject any and all bids received and readvertise for bids. Any contract entered into by the Authority under this Section shall contain provisions requiring the contractor to give bond in an amount to be determined by the Authority, and shall require the contractor to furnish insurance of a character and amount to be determined by the Authority protecting the Authority and the municipality, its officers, agents, and employees against any claims for personal injuries, including death and property damage which may be asserted because of the contract. The Authority may include in any advertisement and in the contract one or more buildings as they in their sole discretion may determine.

Section 70. Streets. In carrying out the provisions of a final redevelopment plan, the Authority may pave and improve streets in the redevelopment area, construct walks, and install or relocate sewers, water pipes, and other similar facilities. The Authority shall advertise for sealed bids before paving and improving streets. The advertisement shall describe the nature of the work to be performed and the time when and place where sealed bids for the work may be delivered to the Authority. The advertisement shall be published once in a newspaper having a general circulation in the county at least 20 days prior to the date for receiving bids. A contract for doing the work shall be let to the lowest responsible bidder, but the Authority may reject any and all bids received and readvertise for bids. The contractor shall enter into bond as a condition for the faithful performance of the contract. The sureties on the bond shall be approved by the Authority.

Section 75. Real property. When the Authority has acquired title to, and possession of any or all real property in the redevelopment area, they may convey any part of the redevelopment area to which the Authority holds the fee simple title or any lesser interest to any public body, or State-chartered corporation, having jurisdiction over schools, parks, low or moderate housing, or playgrounds in the area. The property conveyed shall be used for parks, playgrounds, schools, housing for low or moderate income families, and other public purposes as the Authority may determine. The Authority may charge for the conveyance whatever price they and the officials of the public bodies, or State-chartered corporations, receiving the land may agree upon. The Authority may also grant, with or without charge, easements for public utilities, sewerage, and other similar facilities.

Section 80. Cost of construction. The cost of construction of any project includes the following:

(1) Obligations incurred for labor, and to contractors, builders, and material men, in connection with the construction of any project or projects, for machinery and equipment and for the restoration of property damaged or destroyed in connection with construction.

(2) The cost of acquiring any property, real, personal, or mixed, tangible or intangible, or any interest property, necessary or desirable for the construction of any a project or projects.

(3) The principal and interest requirements upon any bonds for the period during which, and to the extent, the rentals received by the Authority from a project or projects shall be insufficient for the payment of the bond, the fees and expenses of the fiscal agent of the Authority in respect of the bonds during any period, and the reasonable fees and expenses of any paying agents for the bonds during this period.

(4) The taxes or other municipal or governmental charges, if any, in connection with any project or projects during construction.

(5) The cost and expenses of preliminary investigations of the feasibility or practicality of constructing any project or projects and fees and expenses of engineers for making preliminary studies, surveys, repairs, estimates, and for preparing plans and specifications and supervising construction as well as for the performance of all other duties of engineers in relation to construction or the issuance of bonds for construction.

(6) Expenses of administration properly chargeable to any project or projects during construction, legal expenses and fees, financing, relating charges, costs of audits and of preparing and issuing bonds, and all other items of expense not elsewhere specified, relating to the construction of any project, and the acquisition of lands, property rights, rights of way, franchises, easements, and interest inland, including abstracts of title, title insurance, title opinions, costs of surveys, reports, and other expenses in connection with the acquisition of these items.

Section 85. Territory outside the Metro East. The Authority may not construct, acquire by gift or purchase, reconstruct, improve, better, or extend any project farther than 3 miles from the territorial boundaries of the Metro East.

Section 90. Obligations of the State and units of local government. The Authority shall not have any power to pledge the credit or taxing power of the State or any unit of local government. The Authority's obligations are not obligations of the State or any unit of local government.

Section 95. Financial report. Within 60 days after the end of each fiscal year, the Authority shall have prepared, by a certified public accountant, a complete and detailed financial report of the operation, assets, and liabilities of the Authority. A sufficient number of copies of the report shall be prepared for distribution to interested persons, upon request, and a copy of the report shall be filed with the Governor and the General Assembly.

Section 100. Investigation of projects. The Authority may investigate conditions in any project in which it has an interest. While conducting investigations, the Authority may hold public hearings on its own motion, and shall do so on complaint or petition of any interested person. Each member of the Authority shall have power to administer oaths, and the secretary, by order of the Authority, shall issue subpoenas to secure the attendance and testimony of witnesses, and the production of books and papers, before the Authority or before any member thereof or any officer or committee appointed by the Authority.

While conducting any investigation, the Authority shall, at its expense, provide a stenographer to take down all testimony and shall preserve a record of the proceedings. The notice of hearing, complaint, and all other documents in the nature of pleading and written motions and orders of decision of the Authority shall constitute the record of the proceedings.

The Authority is not required to testify and record or file any answer, or otherwise respond in any proceedings for judicial review of an administrative decision, unless the party asking for review deposits with the clerk of the court the sum of $1 per page of records of the proceedings, which is the cost of the certification of the proceedings. Failure to make this deposit is ground for dismissal of any action.

Section 105. Judicial review. All final administrative decisions of the Authority shall be subject to judicial review under the provisions of the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law. For purposes of this Section, "administrative decision" has the meaning given to that term in Section 3-101 of the Code of Civil Procedure.

Section 110. Limitation of authority. The powers contained in this Act shall not be exercised by the Authority:

(1) within the boundaries of any municipality, or within the boundaries of any territory over which a municipality has jurisdiction, unless the exercise of the powers have been approved by the mayor or village president of the municipality; or

(2) within the boundaries of any unincorporated area of a township unless the exercise of the powers have been approved by the supervisor of the township.

Section 999. Effective date. This Act takes effect upon becoming law.