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1 | AMENDMENT TO HOUSE BILL 900
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2 | AMENDMENT NO. ____ . Amend House Bill 900 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | |||||||
5 | "Section 5. Short title. This Act may be cited as the | ||||||
6 | Western Illinois
Economic Development Authority
Act.
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7 | Section 10. Findings. The General Assembly determines and | ||||||
8 | declares the
following:
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9 | (1) that labor surplus areas currently exist in western | ||||||
10 | Illinois;
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11 | (2) that the economic burdens resulting from involuntary | ||||||
12 | unemployment fall,
in part, upon the State in
the form of | ||||||
13 | increased need for public assistance and reduced tax revenues | ||||||
14 | and,
in the event that the
unemployed worker and his or her | ||||||
15 | family migrate elsewhere to find work, the
burden may also fall | ||||||
16 | upon
the municipalities and other taxing districts within the | ||||||
17 | areas of unemployment
in the form of reduced tax
revenues, | ||||||
18 | thereby endangering their financial ability to support | ||||||
19 | necessary
governmental services for their
remaining | ||||||
20 | inhabitants;
| ||||||
21 | (3) that the State has a responsibility to help create a | ||||||
22 | favorable climate
for new and improved job
opportunities for | ||||||
23 | its citizens by encouraging the development of commercial and
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24 | service businesses and
industrial and manufacturing plants | ||||||
25 | within the western region of Illinois;
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1 | (4) that a lack of decent housing contributes to urban | ||||||
2 | blight, crime,
anti-social behavior, disease, a higher
need for | ||||||
3 | public assistance, reduced tax revenues, and the migration of | ||||||
4 | workers
and their families away from
areas which fail to offer | ||||||
5 | adequate, decent, and affordable housing;
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6 | (5) that decent, affordable housing is a necessary | ||||||
7 | ingredient of life
affording each citizen basic human
dignity, | ||||||
8 | a sense of self-worth, confidence, and a firm foundation upon | ||||||
9 | which to
build a family and educate
children;
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10 | (6) that in order to foster civic and neighborhood pride, | ||||||
11 | citizens require
access to educational institutions,
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12 | recreation, parks and open spaces, entertainment, sports, a | ||||||
13 | reliable
transportation network, cultural
facilities, and | ||||||
14 | theaters; and
| ||||||
15 | (7) that the main purpose of this Act is to promote | ||||||
16 | industrial, commercial,
residential, service,
transportation, | ||||||
17 | and recreational activities and facilities, thereby reducing
| ||||||
18 | the evils attendant upon
unemployment and enhancing the public | ||||||
19 | health, safety, morals, happiness, and
general welfare of the | ||||||
20 | State.
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21 | Section 15. Definitions. In this Act:
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22 | "Authority" means the Western Illinois Economic | ||||||
23 | Development Authority.
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24 | "Governmental agency" means any federal, State, or local | ||||||
25 | governmental body
and any agency or
instrumentality thereof, | ||||||
26 | corporate or otherwise.
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27 | "Person" means any natural person, firm, partnership, | ||||||
28 | corporation, both
domestic and foreign,
company, association | ||||||
29 | or joint stock association and includes any trustee,
receiver, | ||||||
30 | assignee or personal
representative thereof.
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31 | "Revenue bond" means any bond issued by the Authority, the | ||||||
32 | principal and
interest of which is payable
solely from revenues | ||||||
33 | or income derived from any project or activity of the
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1 | Authority.
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2 | "Board" means the Board of Directors of the Western | ||||||
3 | Illinois Economic
Development Authority.
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4 | "Governor" means the Governor of the State of Illinois.
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5 | "City" means any city, village, incorporated town, or | ||||||
6 | township within the
geographical territory of the
Authority.
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7 | "Industrial project" means the following:
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8 | (1) a capital project, including one or more buildings and | ||||||
9 | other
structures, improvements,
machinery and equipment | ||||||
10 | whether or not on the same site or sites now existing
or | ||||||
11 | hereafter acquired,
suitable for use by any manufacturing, | ||||||
12 | industrial, research, transportation or
commercial enterprise
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13 | including but not limited to use as a factory, mill, processing | ||||||
14 | plant, assembly
plant, packaging plant,
fabricating plant, | ||||||
15 | ethanol plant, office building, industrial distribution
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16 | center, warehouse,
repair, overhaul or service
facility, | ||||||
17 | freight terminal, research facility, test facility, railroad
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18 | facility, port facility, solid waste and wastewater
treatment | ||||||
19 | and disposal sites and other pollution control facilities, | ||||||
20 | resource
or waste reduction, recovery,
treatment and disposal | ||||||
21 | facilities, and including also the sites thereof and
other | ||||||
22 | rights in land therefore
whether improved or unimproved, site | ||||||
23 | preparation and landscaping and all
appurtenances and | ||||||
24 | facilities
incidental thereto such as utilities, access roads, | ||||||
25 | railroad sidings, truck
docking and similar facilities,
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26 | parking facilities, dockage, wharfage, railroad roadbed, | ||||||
27 | track, trestle, depot,
terminal, switching and
signaling | ||||||
28 | equipment or related equipment and other improvements | ||||||
29 | necessary or
convenient thereto; or
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30 | (2) any land, buildings, machinery or equipment comprising | ||||||
31 | an addition to or
renovation,
rehabilitation or improvement of | ||||||
32 | any existing capital project.
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33 | "Commercial project" means any project, including, but not | ||||||
34 | limited to, one or
more buildings and other
structures, |
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1 | improvements, machinery, and equipment, whether or not on the | ||||||
2 | same
site or sites now existing
or hereafter acquired, suitable | ||||||
3 | for use by any retail or wholesale concern,
distributorship, or | ||||||
4 | agency.
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5 | "Project" means an industrial, housing, residential, | ||||||
6 | commercial, or service
project, or any combination
thereof, | ||||||
7 | provided that all uses fall within one of the categories | ||||||
8 | described
above. Any project automatically
includes all site | ||||||
9 | improvements and new construction involving sidewalks,
sewers, | ||||||
10 | solid waste and
wastewater treatment and disposal sites and | ||||||
11 | other pollution control facilities,
resource or waste | ||||||
12 | reduction,
recovery, treatment and disposal facilities, parks, | ||||||
13 | open spaces, wildlife
sanctuaries, streets, highways, and
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14 | runways.
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15 | "Lease agreement" means an agreement in which a project | ||||||
16 | acquired by the
Authority by purchase, gift,
or lease is leased | ||||||
17 | to any person or corporation that will use, or cause the
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18 | project to be used, as a project,
upon terms providing for | ||||||
19 | lease rental payments at least sufficient to pay, when due, all | ||||||
20 | principal of and
interest and premium, if any, on any bonds, | ||||||
21 | notes, or other evidences of indebtedness of the Authority,
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22 | issued with respect to the project, providing for the | ||||||
23 | maintenance, insurance, and operation of the project on
terms | ||||||
24 | satisfactory to the Authority and providing for disposition of | ||||||
25 | the project upon termination of the lease
term, including | ||||||
26 | purchase options or abandonment of the premises, with other | ||||||
27 | terms as may be deemed
desirable by the Authority.
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28 | "Loan agreement" means any agreement in which the Authority | ||||||
29 | agrees to loan
the proceeds of its bonds,
notes, or other | ||||||
30 | evidences of indebtedness, issued with respect to a project, to
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31 | any person or corporation
which will use or cause the project | ||||||
32 | to be used as a project, upon terms
providing for loan | ||||||
33 | repayment
installments at least sufficient to pay, when due, | ||||||
34 | all principal of and
interest and premium, if any, on any
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1 | bonds, notes, or other evidences of indebtedness of the | ||||||
2 | Authority issued with
respect to the project,
providing for | ||||||
3 | maintenance, insurance, and operation of the project on terms
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4 | satisfactory to the Authority
and providing for other terms | ||||||
5 | deemed advisable by the Authority.
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6 | "Financial aid" means the expenditure of Authority funds or | ||||||
7 | funds provided by
the Authority for the
development, | ||||||
8 | construction, acquisition or improvement of a project, through | ||||||
9 | the
issuance of revenue bonds,
notes, or other evidences of | ||||||
10 | indebtedness.
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11 | "Costs incurred in connection with
the development, | ||||||
12 | construction, acquisition or improvement of a
project" means | ||||||
13 | the following:
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14 | (1) the cost of purchase and construction of all lands and | ||||||
15 | improvements in
connection therewith and
equipment and other | ||||||
16 | property, rights, easements, and franchises acquired which
are | ||||||
17 | deemed necessary for
the construction;
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18 | (2) financing charges;
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19 | (3) interest costs with respect to bonds, notes, and other | ||||||
20 | evidences of
indebtedness of the Authority
prior to and during | ||||||
21 | construction and for a period of 6 months thereafter;
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22 | (4) engineering and legal expenses; and
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23 | (5) the costs of plans, specifications, surveys, and | ||||||
24 | estimates of costs and
other expenses necessary or
incident to | ||||||
25 | determining the feasibility or practicability of any project,
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26 | together with such other expenses as
may be necessary or | ||||||
27 | incident to the financing, insuring, acquisition, and
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28 | construction of a specific project
and the placing of the same | ||||||
29 | in operation.
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30 | Section 20. Creation.
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31 | (a) There is created a political subdivision, body politic, | ||||||
32 | and municipal
corporation named the Western
Illinois Economic | ||||||
33 | Development Authority. The territorial jurisdiction of the
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1 | Authority is that geographic
area within the boundaries of the | ||||||
2 | following counties: Warren,
Henderson, Hancock,
McDonough, | ||||||
3 | Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott, Morgan,
and | ||||||
4 | Pike and any
navigable waters and
air space located therein.
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5 | (b) The governing and administrative powers of the | ||||||
6 | Authority shall be vested
in a body consisting of 21
members as | ||||||
7 | follows:
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8 | (1) Ex officio members. The Director of Commerce and
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9 | Economic Opportunity, or
a designee of that Department, and | ||||||
10 | the Director of Central
Management Services, or a
designee | ||||||
11 | of that Department, shall serve as ex officio members.
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12 | (2) Public members. Six members shall be appointed by | ||||||
13 | the Governor with the advice and
consent of the Senate. The | ||||||
14 | county board chairmen of the following counties
shall each | ||||||
15 | appoint one
member: Warren, Henderson, Hancock, McDonough, | ||||||
16 | Fulton, Mason,
Cass, Schuyler, Brown,
Adams, Scott, | ||||||
17 | Morgan, and Pike. All public members shall reside within
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18 | the territorial
jurisdiction of the Authority.
The public | ||||||
19 | members shall be persons of recognized ability and | ||||||
20 | experience in one
or more of the following
areas: economic | ||||||
21 | development, finance, banking, industrial development, | ||||||
22 | state or
local government, commercial agriculture, small
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23 | business management, real
estate development, community | ||||||
24 | development, venture finance, organized labor, or
civic or | ||||||
25 | community
organization.
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26 | (c) 11 members shall constitute a quorum.
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27 | (d) The chairman of the Authority shall be elected annually | ||||||
28 | by the Board and must be a public member that resides within | ||||||
29 | the territorial jurisdiction of the Authority.
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30 | (e) The terms of all initial members of the Authority shall | ||||||
31 | begin 30 days
after the effective date of this
Act.
Of the 6 | ||||||
32 | original public members appointed by the Governor, 2
shall | ||||||
33 | serve until the third Monday in January, 2005; 1 shall serve | ||||||
34 | until the
third Monday in January, 2006; 1 shall serve until |
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1 | the third Monday in January,
2007; 1 shall serve until the | ||||||
2 | third Monday in January, 2008; and 1 shall serve
until the | ||||||
3 | third Monday in January, 2009. The initial terms of the | ||||||
4 | original public members appointed by the county board chairman | ||||||
5 | shall be determined by lot, according to the following | ||||||
6 | schedule: (i) 3 shall serve until the third Monday in January, | ||||||
7 | 2005, (ii) 3 shall serve until the third Monday in January, | ||||||
8 | 2006, (iii) 3 shall serve until the third Monday in January, | ||||||
9 | 2007, (iv) 2 shall serve until the third Monday in January, | ||||||
10 | 2008, and (v) 2 shall serve until the third Monday in January, | ||||||
11 | 2009. All successors to these original
public
members shall be | ||||||
12 | appointed by the original appointing authority and all | ||||||
13 | appointments made by the Governor shall be made with the advice | ||||||
14 | and consent of the Senate, pursuant to subsection (b), and | ||||||
15 | shall hold office for a term of 6 years
commencing the third | ||||||
16 | Monday in January of the year in which their term
commences, | ||||||
17 | except in the case of an appointment to fill a vacancy.
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18 | Vacancies occurring among the public members shall be filled | ||||||
19 | for the
remainder of the term. In case of
vacancy in a | ||||||
20 | Governor-appointed membership when the Senate is not in | ||||||
21 | session,
the Governor may make a
temporary appointment until | ||||||
22 | the next meeting of the Senate when a person shall
be nominated | ||||||
23 | to fill the
office and, upon confirmation by the Senate, he or | ||||||
24 | she shall hold office during
the remainder of the term
and | ||||||
25 | until a successor is appointed and qualified. Members of the | ||||||
26 | Authority are
not entitled to
compensation for their services | ||||||
27 | as members but are entitled to reimbursement
for all necessary | ||||||
28 | expenses
incurred in connection with the performance of their | ||||||
29 | duties as members.
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30 | (f) The Governor may remove any public member of the | ||||||
31 | Authority in case of
incompetence, neglect of
duty, or | ||||||
32 | malfeasance in office. The chairman of a county board may | ||||||
33 | remove any
public member appointed
by that chairman in the case | ||||||
34 | of incompetence, neglect of duty, or malfeasance
in office.
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1 | (g) The Board shall appoint an Executive Director who shall | ||||||
2 | have a
background in finance, including
familiarity with the | ||||||
3 | legal and procedural requirements of issuing bonds, real
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4 | estate, or economic
development and administration. The | ||||||
5 | Executive Director shall hold office at the
discretion of the | ||||||
6 | Board.
The Executive Director shall be the chief administrative | ||||||
7 | and operational
officer of the Authority, shall
direct and | ||||||
8 | supervise its administrative affairs and general management, | ||||||
9 | perform
such other duties as may
be prescribed from time to | ||||||
10 | time by the members, and receive compensation fixed
by the | ||||||
11 | Authority. The Department of Commerce and Community Affairs | ||||||
12 | shall pay
the compensation of the Executive Director from | ||||||
13 | appropriations received for
that purpose. The
Executive | ||||||
14 | Director shall attend all meetings of the Authority. However, | ||||||
15 | no
action of the Authority shall be
invalid on account of the | ||||||
16 | absence of the Executive Director from a meeting. The
Authority | ||||||
17 | may engage
the services of
the Illinois Finance Authority, | ||||||
18 | attorneys, appraisers, engineers, accountants,
credit | ||||||
19 | analysts, and other consultants if the Western Illinois | ||||||
20 | Economic
Development Authority deems it advisable.
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21 | Section 25. Duty. All official acts of the Authority shall | ||||||
22 | require the
approval of at least 11 members. It
shall be the | ||||||
23 | duty of the Authority to promote development within the | ||||||
24 | geographic
confines of
Warren, Henderson, Hancock, McDonough, | ||||||
25 | Fulton, Mason, Cass, Schuyler, Brown,
Adams, Scott, Morgan, and | ||||||
26 | Pike
counties. The Authority shall use the powers conferred | ||||||
27 | upon it to assist in the
development, construction,
and | ||||||
28 | acquisition of industrial, commercial, housing, or residential | ||||||
29 | projects
within those counties.
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30 | Section 30. Powers.
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31 | (a) The Authority possesses all the powers of a body | ||||||
32 | corporate necessary and
convenient to accomplish
the purposes |
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1 | of this Act, including, without any intended limitation upon | ||||||
2 | the
general powers hereby
conferred, the following powers:
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3 | (1) to enter into loans, contracts, agreements, and | ||||||
4 | mortgages in any
matter connected with any of
its corporate | ||||||
5 | purposes and to invest its funds;
| ||||||
6 | (2) to sue and be sued;
| ||||||
7 | (3) to utilize services of the Illinois Finance | ||||||
8 | Authority necessary to
carry out its purposes;
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9 | (4) to have and use a common seal and to alter the seal | ||||||
10 | at its discretion;
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11 | (5) to adopt all needful ordinances, resolutions, | ||||||
12 | bylaws, rules, and
regulations for the conduct of
its | ||||||
13 | business and affairs and for the management and use of the | ||||||
14 | projects
developed, constructed, acquired,
and improved in | ||||||
15 | furtherance of its purposes;
| ||||||
16 | (6) to designate the fiscal year for the Authority;
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17 | (7) to accept and expend appropriations;
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18 | (8) to acquire, own, lease, sell, or otherwise dispose | ||||||
19 | of interests in and
to real property and
improvements | ||||||
20 | situated on that real property and in personal property | ||||||
21 | necessary
to fulfill the purposes of the
Authority;
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22 | (9) to engage in any activity or operation which is | ||||||
23 | incidental to and in
furtherance of efficient
operation to | ||||||
24 | accomplish the Authority's primary purpose;
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25 | (10) to acquire, own, construct, lease, operate, and | ||||||
26 | maintain bridges,
terminals, terminal facilities,
and port | ||||||
27 | facilities and to fix and collect just, reasonable, and
| ||||||
28 | nondiscriminatory charges for the use of such
facilities. | ||||||
29 | These charges shall be used to defray the reasonable | ||||||
30 | expenses of
the Authority and to pay the
principal and | ||||||
31 | interest of any revenue bonds issued by the Authority;
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32 | (11) subject to any applicable condition imposed by | ||||||
33 | this Act, to locate,
establish and maintain a
public | ||||||
34 | airport, public airports and public airport facilities |
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1 | within its
corporate limits or within or upon any
body of | ||||||
2 | water adjacent thereto and to construct, develop, expand, | ||||||
3 | extend and
improve any such airport or
airport facility; | ||||||
4 | and
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5 | (12) to have and exercise all powers and be subject to | ||||||
6 | all duties usually
incident to boards of
directors of | ||||||
7 | corporations.
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8 | (b) The Authority shall not issue any bonds relating to the | ||||||
9 | financing of a
project located within the
planning and | ||||||
10 | subdivision control jurisdiction of any municipality or county
| ||||||
11 | unless: (i) notice, including a
description of the proposed | ||||||
12 | project and the financing for that project, is
submitted to the | ||||||
13 | corporate
authorities of the municipality or, in the case of a | ||||||
14 | proposed project in an
unincorporated area, to the county
board | ||||||
15 | and (ii) the corporate authorities of the municipality do not, | ||||||
16 | or the
county board does not, adopt a
resolution disapproving | ||||||
17 | the project within 45 days after receipt of the notice.
| ||||||
18 | (c) If any of the powers set forth in this Act are | ||||||
19 | exercised within the
jurisdictional limits of any
| ||||||
20 | municipality, all ordinances of the municipality remain in full | ||||||
21 | force and
effect and are controlling.
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22 | Section 35. Tax avoidance. Notwithstanding any other | ||||||
23 | provision of law, the
Authority shall not enter into
any | ||||||
24 | agreement providing for the purchase and lease of tangible | ||||||
25 | personal
property which results in the
avoidance of taxation | ||||||
26 | under the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
27 | Service Use Tax Act,
or the Service Occupation Tax Act, without | ||||||
28 | the prior written consent of the
Governor.
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29 | Section 40. Bonds.
| ||||||
30 | (a) The Authority, with the written approval of the | ||||||
31 | Governor, shall have the
continuing power to issue
bonds, | ||||||
32 | notes, or other evidences of indebtedness in an aggregate |
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1 | amount not to
exceed $250,000,000 for the
following purposes: | ||||||
2 | (i) development, construction, acquisition, or improvement
of | ||||||
3 | projects, including those
established by business entities | ||||||
4 | locating or expanding property within the
territorial | ||||||
5 | jurisdiction of the
Authority; (ii) entering into venture | ||||||
6 | capital agreements with businesses
locating or expanding | ||||||
7 | within the
territorial jurisdiction of the Authority; (iii) | ||||||
8 | acquisition and improvement of
any property necessary and
| ||||||
9 | useful in connection therewith; and (iv) for the purposes of | ||||||
10 | the Employee
Ownership Assistance Act. For
the purpose of | ||||||
11 | evidencing the obligations of the Authority to repay any money
| ||||||
12 | borrowed, the Authority
may, pursuant to resolution, from time | ||||||
13 | to time, issue and dispose of its interest-bearing revenue | ||||||
14 | bonds,
notes, or other evidences of indebtedness and may also | ||||||
15 | from time to time issue and dispose of such bonds,
notes, or | ||||||
16 | other evidences of indebtedness to refund, at maturity, at a | ||||||
17 | redemption date or in advance of
either, any bonds, notes, or | ||||||
18 | other evidences of indebtedness pursuant to redemption | ||||||
19 | provisions or at any
time before maturity. All such bonds, | ||||||
20 | notes, or other evidences of indebtedness shall be payable | ||||||
21 | solely and
only from the revenues or income to be derived from | ||||||
22 | loans made with respect to projects, from the leasing
or sale | ||||||
23 | of the projects, or from any other funds available to the | ||||||
24 | Authority for such purposes. The bonds,
notes, or other | ||||||
25 | evidences of indebtedness may bear such date or dates, may | ||||||
26 | mature at such time or times not
exceeding 40 years from their | ||||||
27 | respective dates, may bear interest at such rate or rates not | ||||||
28 | exceeding the
maximum rate permitted by the Bond Authorization | ||||||
29 | Act, may be in such form, may carry such registration
| ||||||
30 | privileges, may be executed in such manner, may be payable at | ||||||
31 | such place or places, may be made subject
to redemption in such | ||||||
32 | manner and upon such terms, with or without premium, as is | ||||||
33 | stated on the face
thereof, may be authenticated in such manner | ||||||
34 | and may contain such terms and
covenants as may be
provided by |
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1 | an applicable resolution.
| ||||||
2 | (b) The holder or holders of any bonds, notes, or other | ||||||
3 | evidences of
indebtedness issued by the
Authority may bring | ||||||
4 | suits at law or proceedings in equity to compel the
performance | ||||||
5 | and observance by
any corporation or person or by the Authority | ||||||
6 | or any of its agents or employees
of any contract or covenant
| ||||||
7 | made with the holders of the bonds, notes, or other evidences | ||||||
8 | of indebtedness,
to compel such corporation,
person, the | ||||||
9 | Authority, and any of its agents or employees to perform any | ||||||
10 | duties
required to be performed
for the benefit of the holders | ||||||
11 | of the bonds, notes, or other evidences of
indebtedness by the | ||||||
12 | provision of the
resolution authorizing their issuance and to | ||||||
13 | enjoin the corporation, person,
the Authority, and any of its
| ||||||
14 | agents or employees from taking any action in conflict with any | ||||||
15 | contract or
covenant.
| ||||||
16 | (c) If the Authority fails to pay the principal of or | ||||||
17 | interest on any of the
bonds or premium, if any, as the
bond | ||||||
18 | becomes due, a civil action to compel payment may be instituted | ||||||
19 | in the
appropriate circuit court by
the holder or holders of | ||||||
20 | the bonds on which the default of payment exists or by
an | ||||||
21 | indenture trustee acting
on behalf of the holders. Delivery of | ||||||
22 | a summons and a copy of the complaint to
the chairman of the | ||||||
23 | Board
shall constitute sufficient service to give the circuit | ||||||
24 | court jurisdiction over
the subject matter of the suit and
| ||||||
25 | jurisdiction over the Authority and its officers named as | ||||||
26 | defendants for the
purpose of compelling such
payment. Any | ||||||
27 | case, controversy, or cause of action concerning the validity | ||||||
28 | of
this Act relates to the
revenue of the State of Illinois.
| ||||||
29 | (d) Notwithstanding the form and tenor of any bond, note, | ||||||
30 | or other evidence
of indebtedness and in
the absence of any | ||||||
31 | express recital on its face that it is non-negotiable, all
such | ||||||
32 | bonds, notes, and other
evidences of indebtedness shall be | ||||||
33 | negotiable instruments. Pending the
preparation and execution | ||||||
34 | of any
bonds, notes, or other evidences of indebtedness, |
| |||||||
|
|||||||
1 | temporary bonds, notes, or
evidences of indebtedness may
be | ||||||
2 | issued as provided by ordinance.
| ||||||
3 | (e) To secure the payment of any or all of such bonds, | ||||||
4 | notes, or other
evidences of indebtedness, the
revenues to be | ||||||
5 | received by the Authority from a lease agreement or loan
| ||||||
6 | agreement shall be pledged, and,
for the purpose of setting | ||||||
7 | forth the covenants and undertakings of the
Authority in | ||||||
8 | connection with the
issuance of the bonds, notes, or other | ||||||
9 | evidences of indebtedness and the
issuance of any additional | ||||||
10 | bonds,
notes or other evidences of indebtedness payable from | ||||||
11 | such revenues, income, or other funds to be derived
from | ||||||
12 | projects, the Authority may execute and deliver a mortgage or | ||||||
13 | trust agreement. A remedy for any
breach or default of the | ||||||
14 | terms of any mortgage or trust agreement by the Authority may | ||||||
15 | be by mandamus
proceeding in the appropriate circuit court to | ||||||
16 | compel performance and compliance under the terms of the
| ||||||
17 | mortgage or trust agreement, but the trust agreement may | ||||||
18 | prescribe by whom or on whose behalf the action
may be | ||||||
19 | instituted.
| ||||||
20 | (f) Bonds or notes shall be secured as provided in the | ||||||
21 | authorizing ordinance which may include,
notwithstanding any | ||||||
22 | other provision of this Act, in addition to any other security, | ||||||
23 | a specific pledge,
assignment of and lien on, or security | ||||||
24 | interest in any or all revenues or money of the Authority, from
| ||||||
25 | whatever source, which may, by law, be used for debt service | ||||||
26 | purposes and a
specific pledge, or assignment
of and lien on, | ||||||
27 | or security interest in any funds or accounts established or
| ||||||
28 | provided for by ordinance of the
Authority authorizing the | ||||||
29 | issuance of the bonds or notes.
| ||||||
30 | (g) In the event that the Authority determines that moneys | ||||||
31 | of the Authority
will not be sufficient for the
payment of the | ||||||
32 | principal of and interest on its bonds during the next State
| ||||||
33 | fiscal year, the chairman, as soon
as practicable, shall | ||||||
34 | certify to the Governor the amount required by the
Authority to |
| |||||||
|
|||||||
1 | enable it to pay the
principal of and interest on the bonds. | ||||||
2 | The Governor shall submit the certified
amount to the General
| ||||||
3 | Assembly as soon as practicable, but no later than the end of | ||||||
4 | the current State
fiscal year. This Section shall
not apply to | ||||||
5 | any bonds or notes to which the Authority determines, in the
| ||||||
6 | resolution authorizing the
issuance of the bonds or notes, that | ||||||
7 | this Section shall not apply. Whenever the
Authority makes this
| ||||||
8 | determination, it shall be plainly stated on the face of the | ||||||
9 | bonds or notes and
the determination shall also be
reported to | ||||||
10 | the Governor.
In the event of a withdrawal of moneys from a | ||||||
11 | reserve fund established with
respect to any issue or
issues of | ||||||
12 | bonds of the Authority to pay principal or interest on those | ||||||
13 | bonds,
the chairman of the Authority,
as soon as practicable, | ||||||
14 | shall certify to the Governor the amount required to
restore | ||||||
15 | the reserve fund to the
level required in the resolution or | ||||||
16 | indenture securing those bonds. The
Governor shall submit the | ||||||
17 | certified
amount to the General Assembly as soon as | ||||||
18 | practicable, but no later than the
end of the current State | ||||||
19 | fiscal
year.
| ||||||
20 | (h) The State of Illinois pledges to and agrees with the | ||||||
21 | holders of the
bonds and notes of the Authority
issued pursuant | ||||||
22 | to this Section that the State will not limit or alter the | ||||||
23 | rights and powers vested in the
Authority by this Act so as to | ||||||
24 | impair the terms of any contract made by the Authority with the | ||||||
25 | holders of
bonds or notes or in any way impair the rights and | ||||||
26 | remedies of those holders until the bonds and notes,
together | ||||||
27 | with interest thereon, with interest on any unpaid installments | ||||||
28 | of interest, and all costs and
expenses in connection with any | ||||||
29 | action or proceedings by or on behalf of the holders, are fully | ||||||
30 | met and
discharged. In addition, the State pledges to and | ||||||
31 | agrees with the holders of the bonds and notes of the
Authority | ||||||
32 | issued pursuant to this Section that the State will not limit | ||||||
33 | or alter the basis on which State funds
are to be paid to the | ||||||
34 | Authority as provided in this Act, or the use of such funds, so |
| |||||||
|
|||||||
1 | as to impair the terms of
any such contract. The Authority is | ||||||
2 | authorized to include these pledges and agreements of the State | ||||||
3 | in any
contract with the holders of bonds or notes issued | ||||||
4 | pursuant to this Section.
| ||||||
5 | (i) Not less than 30 days prior to the commitment to issue | ||||||
6 | bonds, notes, or
other evidences of
indebtedness for the | ||||||
7 | purpose of developing, constructing, acquiring, or
improving | ||||||
8 | housing or residential
projects, as defined in this Act, the | ||||||
9 | Authority shall provide notice to the
Executive Director of the | ||||||
10 | Illinois
Housing Development Authority. Within 30 days after | ||||||
11 | the notice is provided, the
Illinois Housing
Development | ||||||
12 | Authority shall, in writing, either express interest in | ||||||
13 | financing
the project or notify the
Authority that it is not | ||||||
14 | interested in providing financing and that the
Authority may | ||||||
15 | finance the project or
seek alternative financing.
| ||||||
16 | Section 45. Bonds and notes; exemption from taxation. The | ||||||
17 | creation of the
Authority is in all respects for
the benefit of | ||||||
18 | the people of Illinois and for the improvement of their health,
| ||||||
19 | safety, welfare, comfort, and
security, and its purposes are | ||||||
20 | public purposes. In consideration thereof, the
notes and bonds | ||||||
21 | of the
Authority issued pursuant to this Act and the income | ||||||
22 | from these notes and bonds
may be free from all
taxation by the | ||||||
23 | State or its political subdivisions, exempt for estate,
| ||||||
24 | transfer, and inheritance taxes. The
exemption from taxation | ||||||
25 | provided by the preceding sentence shall apply to the
income on | ||||||
26 | any notes or
bonds of the Authority only if the Authority in | ||||||
27 | its sole judgment determines
that the exemption enhances
the | ||||||
28 | marketability of the bonds or notes or reduces the interest | ||||||
29 | rates that
would otherwise be borne by the
bonds or notes. For | ||||||
30 | purposes of Section 250 of the Illinois Income Tax Act, the
| ||||||
31 | exemption of the Authority
shall terminate after all of the | ||||||
32 | bonds have been paid. The amount of such income that shall be | ||||||
33 | added and
then subtracted on the Illinois income tax return of |
| |||||||
|
|||||||
1 | a taxpayer, subject to Section 203 of the Illinois Income
Tax | ||||||
2 | Act, from federal adjusted gross income or federal taxable | ||||||
3 | income in computing Illinois base income
shall be the interest | ||||||
4 | net of any bond premium amortization.
| ||||||
5 | Section 50. Acquisition.
| ||||||
6 | (a) The Authority may, but need not, acquire title to any | ||||||
7 | project with
respect to which it exercises its
authority.
| ||||||
8 | (b) The Authority shall have power to acquire by purchase, | ||||||
9 | lease, gift, or
otherwise any property or
rights therein from | ||||||
10 | any person or persons, the State of Illinois, any municipal
| ||||||
11 | corporation, any local unit of
government, the government of | ||||||
12 | the United States and any agency or
instrumentality of the | ||||||
13 | United States,
any body politic, or any county useful for its | ||||||
14 | purposes, whether improved for
the purposes of any
prospective | ||||||
15 | project or unimproved. The Authority may also accept any | ||||||
16 | donation
of funds for its purposes
from any of these sources.
| ||||||
17 | (c) The Authority shall have power to develop, construct, | ||||||
18 | and improve,
either under its own direction or
through | ||||||
19 | collaboration with any approved applicant, or to acquire, | ||||||
20 | through
purchase or otherwise, any
project, using for this | ||||||
21 | purpose the proceeds derived from its sale of revenue
bonds, | ||||||
22 | notes, or other
evidences of indebtedness or governmental loans | ||||||
23 | or grants and shall have the
power to hold title to those
| ||||||
24 | projects in the name of the Authority.
| ||||||
25 | (d) The Authority shall have the power to enter into | ||||||
26 | intergovernmental
agreements with the State of
Illinois, the | ||||||
27 | counties of Warren, Henderson, Hancock, McDonough,
Fulton, | ||||||
28 | Mason, Cass,
Schuyler, Brown, Adams, Scott, Morgan, or Pike, | ||||||
29 | the Illinois
Development Finance Authority, the Illinois | ||||||
30 | Housing
Development Authority, the Illinois Education | ||||||
31 | Facilities Authority, the
Illinois
Farm
Development Authority, | ||||||
32 | the Rural Bond Bank,
the United States government and any | ||||||
33 | agency or instrumentality of the United
States, any unit
of |
| |||||||
|
|||||||
1 | local government located within the territory of the Authority, | ||||||
2 | or any other
unit of government to the
extent allowed by | ||||||
3 | Article VII, Section 10 of the Illinois Constitution and the
| ||||||
4 | Intergovernmental
Cooperation Act.
| ||||||
5 | (e) The Authority shall have the power to share employees | ||||||
6 | with other units
of government, including
agencies of the | ||||||
7 | United States, agencies of the State of Illinois, and agencies
| ||||||
8 | or personnel of any unit of
local government.
| ||||||
9 | (f) The Authority shall have the power to exercise powers | ||||||
10 | and issue bonds as
if it were a municipality so
authorized in | ||||||
11 | Divisions 12.1, 74, 74.1, 74.3, and 74.5 of Article 11 of the
| ||||||
12 | Illinois Municipal Code.
| ||||||
13 | Section 55. Enterprise zones. The Authority may by | ||||||
14 | ordinance designate a
portion of the territorial
jurisdiction | ||||||
15 | of the Authority for certification as an Enterprise Zone under | ||||||
16 | the
Illinois Enterprise Zone Act in
addition to any other | ||||||
17 | enterprise zones which may be created under that Act,
which | ||||||
18 | area shall have all the
privileges and rights of an Enterprise | ||||||
19 | Zone pursuant to the Illinois Enterprise
Zone Act, but which | ||||||
20 | shall not
be counted in determining the number of Enterprise | ||||||
21 | Zones to be created in any
year pursuant to that Act.
| ||||||
22 | Section 60. Designation of depository. The Authority shall | ||||||
23 | biennially
designate a national or State bank or
banks as | ||||||
24 | depositories of its money. Such depositories shall be | ||||||
25 | designated only
within the State and upon
condition that bonds | ||||||
26 | approved as to form and surety by the Authority and at
least | ||||||
27 | equal in amount to the
maximum sum expected to be on deposit at | ||||||
28 | any one time shall be first given by
such depositories to the
| ||||||
29 | Authority, such bonds to be conditioned for the safe keeping | ||||||
30 | and prompt
repayment of such deposits.
When any of the funds of | ||||||
31 | the Authority shall be deposited by the treasurer in
any such | ||||||
32 | depository, the
treasurer and the sureties on his official bond |
| |||||||
|
|||||||
1 | shall, to such extent, be
exempt from liability for the loss of
| ||||||
2 | any such deposited funds by reason of the failure, bankruptcy, | ||||||
3 | or any other act
or default of such depository;
provided that | ||||||
4 | the Authority may accept assignments of collateral by any
| ||||||
5 | depository of its funds to secure
such deposits to the same | ||||||
6 | extent and conditioned in the same manner as
assignments of | ||||||
7 | collateral are
permitted by law to secure deposits of the funds | ||||||
8 | of any city.
| ||||||
9 | Section 65. Taxation prohibited. The Authority shall have | ||||||
10 | no right or
authority to levy any tax or special
assessment, to | ||||||
11 | pledge the credit of the State or any other subdivision or
| ||||||
12 | municipal corporation thereof, or to
incur any obligation | ||||||
13 | enforceable upon any property, either within or without
the | ||||||
14 | territory of the Authority.
| ||||||
15 | Section 70. Fees. The Authority may collect fees and | ||||||
16 | charges in connection
with its loans, commitments,
and | ||||||
17 | servicing and may provide technical assistance in the | ||||||
18 | development of the
region.
| ||||||
19 | Section 75. Reports. The Authority shall annually submit a | ||||||
20 | report of its
finances to the Auditor General.
The Authority | ||||||
21 | shall annually submit a report of its activities to the | ||||||
22 | Governor
and to the General Assembly.
| ||||||
23 | Section 95. The Tri-City Regional Port District Act is | ||||||
24 | amended by
changing Section 4 as follows:
| ||||||
25 | (70 ILCS 1860/4) (from Ch. 19, par. 287)
| ||||||
26 | Sec. 4. The Port District has the following rights and | ||||||
27 | powers:
| ||||||
28 | 1. To issue permits: for the construction of all wharves, | ||||||
29 | piers,
dolphins, booms, weirs, breakwaters, bulkheads, |
| |||||||
|
|||||||
1 | jetties, bridges or other
structures of any kind, over, under, | ||||||
2 | in, or within 40 feet of any navigable
waters within the Port | ||||||
3 | District; for the deposit of rock, earth, sand or
other | ||||||
4 | material, or any matter of any kind or description in such | ||||||
5 | waters;
except that nothing contained in this paragraph 1 shall | ||||||
6 | be construed so
that it will be deemed necessary to obtain a | ||||||
7 | permit from the District for
the erection, operation or | ||||||
8 | maintenance of any bridge crossing a waterway
which serves as a | ||||||
9 | boundary between the State of Illinois and any other
State, | ||||||
10 | when such erection, operation or maintenance is performed by | ||||||
11 | any
city within the District;
| ||||||
12 | 2. To prevent or remove obstructions in navigable waters, | ||||||
13 | including the
removal of wrecks;
| ||||||
14 | 3. To locate and establish dock lines and shore or harbor | ||||||
15 | lines;
| ||||||
16 | 4. To regulate the anchorage, moorage and speed of water | ||||||
17 | borne vessels
and to establish and enforce regulations for the | ||||||
18 | operation of bridges,
except nothing contained in this | ||||||
19 | paragraph 4 shall be construed to give the
District authority | ||||||
20 | to regulate the operation of any bridge crossing a
waterway | ||||||
21 | which serves as a boundary between the State of Illinois and | ||||||
22 | any
other State, when such operation is performed or to be | ||||||
23 | performed by any
city within the District;
| ||||||
24 | 5. To acquire, own, construct, lease for any period not | ||||||
25 | exceeding 99
years, operate and maintain terminals, terminal | ||||||
26 | facilities and port
facilities, to fix and collect just, | ||||||
27 | reasonable, and nondiscriminatory
charges for the use of such | ||||||
28 | facilities, and, except as provided herein for
short term | ||||||
29 | financing, to use the charges so collected to defray the
| ||||||
30 | reasonable expenses of the Port District and to pay the | ||||||
31 | principal of and
interest on any revenue bonds issued by the | ||||||
32 | District;
| ||||||
33 | 6. To acquire, erect, construct, reconstruct, improve, | ||||||
34 | maintain, operate
and lease in whole or part for any period not |
| |||||||
|
|||||||
1 | exceeding 99 years, central
office or administrative | ||||||
2 | facilities for use by the Port District, any
tenant, occupant | ||||||
3 | or user of the District facilities, or anyone engaged in
| ||||||
4 | commerce in the District.
| ||||||
5 | 7. To sell, assign, pledge or hypothecate in whole or in | ||||||
6 | part any
contract, lease, income, charges, tolls, rentals or | ||||||
7 | fees of the District to
provide short term interim financing | ||||||
8 | pending the issuance of revenue bonds
by the District, provided | ||||||
9 | that when such revenue bonds are issued, such
contracts, | ||||||
10 | leases, income, charges, tolls, rentals or fees shall be used | ||||||
11 | to
defray the reasonable expenses of the Port District and pay | ||||||
12 | the principal
of and income on any revenue bonds issued by the | ||||||
13 | District;
| ||||||
14 | 8. To acquire, own, construct, lease for any period not | ||||||
15 | exceeding 99
years, operate, develop and maintain Port District | ||||||
16 | water and sewerage
systems including but not limited to pipes, | ||||||
17 | mains, lines, sewers, pumping
stations, settling tanks, | ||||||
18 | treatment plants, water purification equipment,
wells, storage | ||||||
19 | facilities and all other equipment, material and facilities
| ||||||
20 | necessary to such systems, for the use upon payment of a | ||||||
21 | reasonable fee as
set by the District, of any tenant, occupant | ||||||
22 | or user of the District
facilities, or anyone engaged in | ||||||
23 | commerce in the District, provided that
the District shall not | ||||||
24 | acquire, own, construct, lease, operate, develop and
maintain | ||||||
25 | such water and sewerage systems if such services can be | ||||||
26 | provided
by a public utility or municipal corporation upon | ||||||
27 | request of the District,
and provided further that if the | ||||||
28 | District develops its own water and
sewerage systems such | ||||||
29 | systems may be sold or disposed of at anytime to any
public | ||||||
30 | utility or municipal corporation which will continue to service | ||||||
31 | the
Port District.
| ||||||
32 | 9. To create, establish, maintain and operate a public | ||||||
33 | incinerator for
waste disposal by incineration by any means or | ||||||
34 | method, for use by
municipalities for the disposal of municipal |
| |||||||
|
|||||||
1 | wastes and by industries for
the disposal of industrial waste; | ||||||
2 | and to lease land and said incineration
facilities for the | ||||||
3 | operation of an incinerator for a term not exceeding 99
years | ||||||
4 | and to fix and collect just, reasonable and non-discriminatory
| ||||||
5 | charges for the use of such incinerating facilities, and to use | ||||||
6 | the charges
or lease proceeds to defray the reasonable expenses | ||||||
7 | of the Port District,
and to pay the principal of and interest | ||||||
8 | on any revenue bonds issued by the
Port District.
| ||||||
9 | 10. To locate, establish and maintain a public airport, | ||||||
10 | public airports
and public airport facilities within its | ||||||
11 | corporate limits or within or upon
any body of water adjacent | ||||||
12 | thereto, and to construct, develop, expand,
extend and improve | ||||||
13 | any such airport or airport facilities;
| ||||||
14 | 11. To operate, maintain, manage, lease or sublease for any | ||||||
15 | period not
exceeding 99 years, and to make and enter into | ||||||
16 | contracts for the use,
operation or management of, and to | ||||||
17 | provide rules and regulations for, the
operation, management or | ||||||
18 | use of, any public airport or public airport
facility;
| ||||||
19 | 12. To fix, charge and collect reasonable rentals, tolls, | ||||||
20 | fees, and
charges for the use of any public airport, or any | ||||||
21 | part thereof, or any
public airport facility;
| ||||||
22 | 13. To establish, maintain, extend and improve roadways and | ||||||
23 | approaches
by land, water or air to any such airport and to | ||||||
24 | contract or otherwise
provide, by condemnation if necessary, | ||||||
25 | for the removal of any airport
hazard or the removal or | ||||||
26 | relocation of all private structures, railways,
mains, pipes, | ||||||
27 | conduits, wires, poles, and all other facilities and
equipment | ||||||
28 | which may interfere with the location, expansion, development, | ||||||
29 | or
improvement of airports or with the safe approach thereto or | ||||||
30 | take-off
therefrom by aircraft, and to pay the cost of removal | ||||||
31 | or relocation; and,
subject to the "Airport Zoning Act", | ||||||
32 | approved July 17, 1945, as amended,
to adopt, administer and | ||||||
33 | enforce airport zoning regulations for territory
which is | ||||||
34 | within its corporate limits or which extends not more than 2 |
| |||||||
|
|||||||
1 | miles
beyond its corporate limits;
| ||||||
2 | 14. To restrict the height of any object of natural growth | ||||||
3 | or structure
or structures within the vicinity of any airport | ||||||
4 | or within the lines of an
approach to any airport and, when | ||||||
5 | necessary, for the reduction in the
height of any such existing | ||||||
6 | object or structure, to enter into an agreement
for such | ||||||
7 | reduction or to accomplish same by condemnation;
| ||||||
8 | 15. To agree with the state or federal governments or with | ||||||
9 | any public
agency in respect to the removal and relocation of | ||||||
10 | any object of natural
growth, airport hazard or any structure | ||||||
11 | or building within the vicinity of
any airport or within an | ||||||
12 | approach and which is owned or within the control
of such | ||||||
13 | government or agency and to pay all or an agreed portion of the
| ||||||
14 | cost of such removal or relocation;
| ||||||
15 | 16. For the prevention of accidents, for the furtherance | ||||||
16 | and protection
of public health, safety and convenience in | ||||||
17 | respect to aeronautics, for the
protection of property and | ||||||
18 | persons within the District from any hazard or
nuisance | ||||||
19 | resulting from the flight of aircraft, for the prevention of
| ||||||
20 | interference between, or collision of, aircraft while in flight | ||||||
21 | or upon the
ground, for the prevention or abatement of | ||||||
22 | nuisances in the air or upon the
ground or for the extension or | ||||||
23 | increase in the usefulness or safety of any
public airport or | ||||||
24 | public airport facility owned by the District, the
District may | ||||||
25 | regulate and restrict the flight of aircraft while within or
| ||||||
26 | above the incorporated territory of the District;
| ||||||
27 | 17. To police its physical property only and all waterways | ||||||
28 | and to
exercise police powers in respect thereto or in respect | ||||||
29 | to the enforcement
of any rule or regulation provided by the | ||||||
30 | ordinances of the District and to
employ and commission police | ||||||
31 | officers and other qualified persons to
enforce the same. The | ||||||
32 | use of any such public airport or public airport
facility of | ||||||
33 | the District shall be subject to the reasonable regulation and
| ||||||
34 | control of the District and upon such reasonable terms and |
| |||||||
|
|||||||
1 | conditions as
shall be established by its Board. A regulatory | ||||||
2 | ordinance of the District
adopted under any provision of this | ||||||
3 | Section may provide for a suspension or
revocation of any | ||||||
4 | rights or privileges within the control of the District
for a | ||||||
5 | violation of any such regulatory ordinance. Nothing in this | ||||||
6 | Section
or in other provisions of this Act shall be construed | ||||||
7 | to authorize such
Board to establish or enforce any regulation | ||||||
8 | or rule in respect to
aviation, or the operation or maintenance | ||||||
9 | of any airport facility within
its jurisdiction, which is in | ||||||
10 | conflict with any federal or state law or
regulation applicable | ||||||
11 | to the same subject matter;
| ||||||
12 | 18. To enter into agreements with the corporate authorities | ||||||
13 | or governing
body of any other municipal corporation or any | ||||||
14 | political subdivision of
this State to pay the reasonable | ||||||
15 | expense of services furnished by such
municipal corporation or | ||||||
16 | political subdivision for or on account of income
producing | ||||||
17 | properties of the District;
| ||||||
18 | 19. To enter into contracts dealing in any manner with the | ||||||
19 | objects and
purposes of this Act;
| ||||||
20 | 20. To acquire, own, lease, sell or otherwise dispose of | ||||||
21 | interests in
and to real property and improvements situate | ||||||
22 | thereon and in personal
property necessary to fulfill the | ||||||
23 | purposes of the District;
| ||||||
24 | 21. To designate the fiscal year for the District;
| ||||||
25 | 22. To engage in any activity or operation which is | ||||||
26 | incidental to and in
furtherance of efficient operation to | ||||||
27 | accomplish the District's primary purpose ; .
| ||||||
28 | 23. To apply to proper authorities of the United States of | ||||||
29 | America
pursuant to appropriated Federal Law for the right to | ||||||
30 | establish, operate,
maintain and lease
foreign trade zones and | ||||||
31 | sub-zones within the limits of the Tri-City Regional Port
| ||||||
32 | District or within the jurisdiction of the United States | ||||||
33 | Customs Service
Office of the St. Louis Port of Entry and to | ||||||
34 | establish, operate, maintain
and lease such foreign trade zones
|
| |||||||
|
|||||||
1 | and the sub-zones ; .
| ||||||
2 | 24. To operate, maintain, manage, lease, or sublease for | ||||||
3 | any period not
exceeding 99 years any former military base | ||||||
4 | owned or leased by the District
and within its jurisdictional | ||||||
5 | boundaries, to make and enter into any contract
for
the
use, | ||||||
6 | operation, or management of any former military base owned or | ||||||
7 | leased by
the District and located within its jurisdictional
| ||||||
8 | boundaries,
and to provide rules and regulations for the | ||||||
9 | development, redevelopment, and
expansion of any former | ||||||
10 | military base owned or leased by the District and
located | ||||||
11 | within its jurisdictional boundaries;
| ||||||
12 | 25. To locate, establish, re-establish, expand or renew, | ||||||
13 | construct or
reconstruct, operate, and maintain any facility, | ||||||
14 | building, structure, or
improvement for a use or a purpose | ||||||
15 | consistent with any use or purpose of any
former military base | ||||||
16 | owned or leased by the District and located within its
| ||||||
17 | jurisdictional boundaries; | ||||||
18 | 26. To acquire, own, sell, convey, construct, lease for any | ||||||
19 | period not
exceeding 99 years, manage, operate, expand, | ||||||
20 | develop, and maintain any
electrical or telephone system, | ||||||
21 | including, but not limited to, all equipment,
materials, and | ||||||
22 | facilities necessary or incidental to that electrical or
| ||||||
23 | telephone
system, for use, at the option of the District and | ||||||
24 | upon payment of a reasonable
fee set by the District, of any | ||||||
25 | tenant or occupant
situated on
any former military base owned | ||||||
26 | or leased by the District and located within its
jurisdictional | ||||||
27 | boundaries; | ||||||
28 | 27. To cause to be incorporated one or more subsidiary | ||||||
29 | business
corporations, wholly-owned by the District, to own, | ||||||
30 | operate, maintain, and
manage facilities and services related | ||||||
31 | to any telephone system, pursuant to
paragraph 26. A subsidiary | ||||||
32 | corporation formed pursuant to this paragraph shall
(i) be | ||||||
33 | deemed a telecommunications carrier, as that term is defined in | ||||||
34 | Section
13-202 of the Public Utilities Act, (ii) have the right |
| |||||||
|
|||||||
1 | to apply to the
Illinois
Commerce Commission for a Certificate | ||||||
2 | of Service Authority or a Certificate of
Interexchange Service | ||||||
3 | Authority, and (iii) have the powers necessary to carry
out
| ||||||
4 | lawful orders of the Illinois Commerce Commission; | ||||||
5 | 28. To improve, develop, or redevelop any former military | ||||||
6 | base situated
within the boundaries of the District, in Madison | ||||||
7 | County, Illinois, and
acquired
by the District from the federal | ||||||
8 | government, acting by and through the United
States Maritime | ||||||
9 | Administration, pursuant to any plan for redevelopment,
| ||||||
10 | development, or improvement of that military base by the | ||||||
11 | District that is
approved by the United States Maritime | ||||||
12 | Administration under the terms and
conditions of conveyance of | ||||||
13 | the former military base to the District by the
federal
| ||||||
14 | government. | ||||||
15 | (Source: P.A. 83-690.)
| ||||||
16 | Section 999. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
|