Rep. Wyvetter H. Younge
Filed: 05/11/04
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1 | AMENDMENT TO SENATE BILL 2222
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2 | AMENDMENT NO. ______. Amend Senate Bill 2222 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Mid-America Medical District Act. | ||||||
6 | Section 5. Creation of District. There is created in the | ||||||
7 | City of East Saint Louis the Mid-America Medical District, | ||||||
8 | hereinafter called the District, whose boundaries are Martin | ||||||
9 | Luther King Drive on the Northeast, 10th Street up to Trendley | ||||||
10 | Avenue on the Southeast, Trendley Avenue and the confluence of | ||||||
11 | I-64, I-70, and I-55 on the Southwest and West, and a line | ||||||
12 | north of Collinsville, parallel to Collinsville, so as to | ||||||
13 | include both sides of Collinsville on the Northwest, excluding | ||||||
14 | any part of the City Hall complex and any property belonging to | ||||||
15 | the federal government. The District is created to attract and | ||||||
16 | retain academic centers of excellence, viable health care | ||||||
17 | facilities, medical research facilities, emerging high | ||||||
18 | technology enterprises, and other facilities and uses as | ||||||
19 | permitted by this Act. | ||||||
20 | Section 10. Mid-America Medical District Commission. | ||||||
21 | (a) There is hereby created a body politic and corporate | ||||||
22 | under the corporate name of Mid-America Medical District | ||||||
23 | Commission, hereinafter called the Commission, whose general |
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1 | purpose in addition to and not in limitation of those purposes | ||||||
2 | and powers set forth in other Sections of this Act is to: | ||||||
3 | (1) maintain the proper surroundings for a medical | ||||||
4 | center and
a related technology center in order to attract, | ||||||
5 | stabilize, and
retain therein hospitals, clinics, research | ||||||
6 | facilities, educational
facilities, or other facilities | ||||||
7 | permitted under this Act;
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8 | (2) provide for the orderly expansion of (i) various | ||||||
9 | county
and local governmental facilities as permitted | ||||||
10 | under
this Act, (ii) other ancillary or related facilities | ||||||
11 | that the
Commission may from time to time determine are | ||||||
12 | established and
operated for any aspect of the carrying out | ||||||
13 | of the Commission's
purposes as set forth in this Act, or | ||||||
14 | are established and operated
for the study, diagnosis, | ||||||
15 | treatment, and prevention of human ailments
and injuries, | ||||||
16 | whether physical or mental, or to promote medical,
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17 | surgical, and scientific research and knowledge as | ||||||
18 | permitted under
this Act, (iii) medical research and high | ||||||
19 | technology parks,
together with the necessary land, | ||||||
20 | buildings, facilities, equipment,
and personal property | ||||||
21 | therefore, and (iv) facilities devoted to the
research and | ||||||
22 | advancement of health care related issues and policies.
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23 | (b) The Commission shall have perpetual succession, power | ||||||
24 | to
contract and be contracted with, to sue and be sued except | ||||||
25 | in actions
sounding in tort, to plead and be impleaded, to have | ||||||
26 | and use a common
seal, and to alter that seal at its pleasure. | ||||||
27 | All actions sounding in tort
against the Commission shall be | ||||||
28 | prosecuted in the Court of Claims. | ||||||
29 | The
principal office of the Commission shall be in the City | ||||||
30 | of East Saint Louis, and the Commission may establish other | ||||||
31 | offices within the State of
Illinois at any places that the | ||||||
32 | Commission deems advisable. The
Commission shall consist of 9 | ||||||
33 | members, 4 of whom shall be appointed by
the Governor, 2 by the | ||||||
34 | Mayor of East Saint Louis, and 3 by the Chairman of the County |
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1 | Board of St. Clair County. All members shall hold office for a | ||||||
2 | term of 3 years and until their successors are appointed as | ||||||
3 | provided in this
Act; provided, that as soon as possible after | ||||||
4 | the effective date of this
Act, the Governor shall appoint 4 | ||||||
5 | members for terms expiring,
respectively, on December 31, 2005, | ||||||
6 | 2006, 2007, and 2008, the St. Clair County Board Chairman shall | ||||||
7 | appoint 3 members for terms expiring, respectively, on December | ||||||
8 | 31, 2005, 2006, and 2007, and the Mayor of East Saint Louis, | ||||||
9 | with the advice and consent of the City Council, shall appoint | ||||||
10 | 2 members for terms expiring, respectively, on December 31, | ||||||
11 | 2005, and 2006. Any vacancy in the membership of the Commission | ||||||
12 | occurring by reason of the death, resignation, | ||||||
13 | disqualification, removal or inability or refusal to act of any | ||||||
14 | of the members of the Commission shall be filled by the person | ||||||
15 | who had appointed the particular member, and for the unexpired | ||||||
16 | term of office of that particular member. A vacancy caused by | ||||||
17 | the expiration of the period for which the member was appointed | ||||||
18 | shall be filled by a new appointment for a term of 3 years from | ||||||
19 | the date of expiration of the prior 3 year term notwithstanding | ||||||
20 | when that appointment is actually made. | ||||||
21 | The Commission shall obtain, pursuant to the provisions of | ||||||
22 | the Personnel Code, any personnel that the Commission deems | ||||||
23 | advisable to carry out the purposes of this Act and the work of | ||||||
24 | the Commission. The Commission may appoint a General Attorney | ||||||
25 | and define the duties of that General Attorney.
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26 | The Commission shall hold regular meetings annually for the | ||||||
27 | election
of a president, vice-presidents, a secretary, and a | ||||||
28 | treasurer, and for the adoption of a budget. Special meetings | ||||||
29 | may be called by the President or by any 2 members. Each member | ||||||
30 | shall take an oath of office for the faithful performance of | ||||||
31 | his or her duties. Five members of the Commission shall | ||||||
32 | constitute a quorum for the transaction of business.
The | ||||||
33 | Commission shall submit, to the General Assembly, the Saint | ||||||
34 | Clair County Board, and the East Saint Louis City Council, not |
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1 | later than March 1 of each odd-numbered year, a detailed report | ||||||
2 | covering its operations for the 2 preceding calendar years and | ||||||
3 | a statement of its program for the next 2 years.
The | ||||||
4 | requirement for reporting to the General Assembly shall be | ||||||
5 | satisfied by filing copies of the report with the Speaker, the | ||||||
6 | Minority Leader, and the Clerk of the House of Representatives | ||||||
7 | and the President, the Minority Leader and the Secretary of the | ||||||
8 | Senate, and the Legislative Research Unit, as required by | ||||||
9 | Section 3.1 of the General Assembly Organization Act, and by | ||||||
10 | filing any additional copies with the State
Government Report | ||||||
11 | Distribution Center for the General Assembly that is
required | ||||||
12 | under paragraph (t) of Section 7 of the State Library Act.
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13 | The requirement for reporting to Saint Clair County shall | ||||||
14 | be satisfied by filing copies of the report with the Chairman | ||||||
15 | of the Saint Clair County Board.
The requirement of reporting | ||||||
16 | to the East Saint Louis City Council shall be satisfied by | ||||||
17 | filing copies of the report with the City Clerk.
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18 | Section 15. Grants, loans, and contracts. The Commission | ||||||
19 | may apply for
and accept grants, loans, or appropriations from | ||||||
20 | the State of Illinois,
the federal government, any State or | ||||||
21 | federal agency or instrumentality,
or any other person or | ||||||
22 | entity to be used for any of the purposes of the
District and | ||||||
23 | may enter into any agreement with the State of Illinois, the
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24 | federal government, any State or federal instrumentality, or | ||||||
25 | any person
or entity in relation to the grants, matching | ||||||
26 | grants, loans, or
appropriations. The Commission also may, by | ||||||
27 | contractual agreement,
accept and collect assessments or fees | ||||||
28 | for District enhancements and
improvements, common area shared | ||||||
29 | services, shared facilities, or other
activities or | ||||||
30 | expenditures in furtherance of the purposes of this Act.
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31 | Section 20. Property; acquisition. The Commission is | ||||||
32 | authorized to
acquire the fee simple title to real property |
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1 | lying within the District
and personal property required for | ||||||
2 | its purposes, by gift, purchase, or
otherwise, and title | ||||||
3 | thereto shall be taken in the corporate name of the
Commission. | ||||||
4 | The Commission may acquire by lease any real and personal
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5 | property found by the Commission to be necessary for its | ||||||
6 | purposes and to
which the Commission finds that it need not | ||||||
7 | acquire the fee simple title
for carrying out of its purposes.
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8 | Section 25. Authority to construct or acquire. The | ||||||
9 | Commission may, in its corporate capacity, construct or
cause | ||||||
10 | or permit to be constructed in the District, hospitals,
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11 | sanitariums, clinics, laboratories, or any other institution, | ||||||
12 | building
or structure or other ancillary or related facilities | ||||||
13 | that the
Commission may, from time to time, determine are | ||||||
14 | established and
operated for the carrying out of any aspect of | ||||||
15 | the Commission's purpose
as set forth in this Act or are | ||||||
16 | established and operated for the study,
diagnosis, and | ||||||
17 | treatment of human ailments and injuries, whether
physical or | ||||||
18 | mental, or to promote medical, surgical, and scientific
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19 | research and knowledge, or for any uses the Commission shall | ||||||
20 | determine
will support and nurture facilities, and uses | ||||||
21 | permitted by this Act, or
for such nursing, extended care, or | ||||||
22 | other facilities as the Commission
shall find useful in the | ||||||
23 | study of, research in, or treatment of
illnesses or infirmities | ||||||
24 | peculiar to aged people, after a public hearing
to be held by | ||||||
25 | any Commissioner or other person authorized by the
Commission | ||||||
26 | to conduct the same, at which Commissioner or other person | ||||||
27 | shall
have the power to administer oaths and affirmations and | ||||||
28 | take the
testimony of witnesses and receive any documentary | ||||||
29 | evidence as shall be
pertinent, the record of which hearing he | ||||||
30 | or she shall certify to the
Commission, which record shall | ||||||
31 | become part of the records of the
Commission, notice of the | ||||||
32 | time, place, and purpose of the hearings to
be given by a | ||||||
33 | single publication notice in a secular newspaper of
general |
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1 | circulation in St. Clair County at least 10 days prior to
the | ||||||
2 | date of such hearing, or for such institutions as shall engage | ||||||
3 | in
the training, education, or rehabilitation of persons who by | ||||||
4 | reason of
illness or physical infirmity are wholly or partially | ||||||
5 | deprived of their
powers of vision or hearing or of the use of | ||||||
6 | such other part or parts of
their bodies as prevent them from | ||||||
7 | pursuing normal activities of life, or
office buildings for | ||||||
8 | physicians or dealers in medical accessories, or
dormitories, | ||||||
9 | homes or residences for the medical profession, including
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10 | interns, nurses, students or other officers or employees of the
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11 | institutions within the District, or for the use of relatives | ||||||
12 | of
patients in the hospitals or other institutions within the | ||||||
13 | District, or
for the rehabilitation or establishment of | ||||||
14 | residential structures within
a currently effective historic | ||||||
15 | district properly designated under a
federal statute or a State | ||||||
16 | or local statute that has been certified by
the Secretary of | ||||||
17 | the Interior to the Secretary of the Treasury as
containing | ||||||
18 | criteria which will substantially achieve the purpose of
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19 | preserving and rehabilitating buildings of historic | ||||||
20 | significance to the
District, or such other areas of the | ||||||
21 | District as the Commission
shall designate, for research, | ||||||
22 | development and resultant production, in
any of the fields of | ||||||
23 | medicine, chemistry, pharmaceuticals, physics, and
genetically | ||||||
24 | engineered products, for biotechnology, information
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25 | technology, medical technology, or environmental technology, | ||||||
26 | or for the
research and development of engineering or for | ||||||
27 | computer technology
related to any of the purposes for which | ||||||
28 | the Commission may construct
structures and improvements | ||||||
29 | within the District. All such structures and
improvements shall | ||||||
30 | be erected and constructed in accordance with the
Illinois | ||||||
31 | Purchasing Act, to the same extent as if the Commission were a
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32 | Code Department. The Commission shall administer and exercise | ||||||
33 | ultimate
authority with respect to the development and | ||||||
34 | operation of a
technology park, and any extensions or expansion |
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1 | thereof. In addition,
the Commission may create a development | ||||||
2 | area within the area of the
District. Within any district | ||||||
3 | development area the
Commission may cause to be acquired or | ||||||
4 | constructed commercial and other
types of development, public | ||||||
5 | and private, if the Commission determines
that the commercial | ||||||
6 | developments are ancillary to and necessary for the
support of | ||||||
7 | facilities within the District and any other purposes of the
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8 | District, after a public hearing held by a commissioner or the | ||||||
9 | person
authorized by the Commission to conduct the hearing. The | ||||||
10 | Commissioner
or other authorized persons shall have the power | ||||||
11 | to administer oaths and
affirmations, take the testimony of | ||||||
12 | witnesses, receive pertinent
evidence, and certify the record | ||||||
13 | of the hearing to the Commission. The
record of the hearing | ||||||
14 | shall become part of the Commissions records.
Notice of the | ||||||
15 | time, place, and purpose of the hearing shall be given by
a | ||||||
16 | single publication notice in a secular newspaper of general
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17 | circulation in St. Clair County at least 10 days before the | ||||||
18 | date of
the hearing. Additionally, the Commission
may sell, | ||||||
19 | lease, develop, operate, and manage for any person, firm,
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20 | partnership, or corporation, either public or private, all or | ||||||
21 | any part
of the land, buildings, facilities, equipment, or | ||||||
22 | other property
included in the District development area and | ||||||
23 | any medical research and
high technology park or the designated | ||||||
24 | commercial development area upon
the terms and conditions the | ||||||
25 | Commission may deem advisable, and may
enter into any contract | ||||||
26 | or agreement with any person, firm, partnership,
or | ||||||
27 | corporation, either public or private, or any combination of | ||||||
28 | the
foregoing, as may be necessary or suitable for the | ||||||
29 | creation, marketing,
development, construction, | ||||||
30 | reconstruction, rehabilitation, financing,
operation and | ||||||
31 | maintenance, and management of the District development
area | ||||||
32 | and any technology park or designated commercial development | ||||||
33 | area;
and may sell or lease to any person, firm, partnership, | ||||||
34 | or corporation,
either public or private, any part or all of |
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1 | the land, building,
facilities, equipment, or other property of | ||||||
2 | the park or the designated
commercial development area upon the | ||||||
3 | rentals, terms, and conditions as
the Commission may deem | ||||||
4 | advisable; and may finance all or part of the
cost of the | ||||||
5 | Commission's development and operation of the District
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6 | development area as well as any park or the designated | ||||||
7 | commercial
development area, including the creation, | ||||||
8 | marketing, development,
purchase, lease, construction, | ||||||
9 | reconstruction, rehabilitation,
improvement, remodeling, | ||||||
10 | addition to, extension, and maintenance of all
or part of the | ||||||
11 | high technology park or the designated commercial
development | ||||||
12 | area, and all equipment and furnishings, by legislative
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13 | appropriations, government grants, contracts, private gifts, | ||||||
14 | loans,
bonds, receipts from the sale or lease of land for the | ||||||
15 | operation of the
District and any high technology park or the | ||||||
16 | designated commercial
development area, rentals, and similar | ||||||
17 | receipts or other sources of
revenue legally available for | ||||||
18 | these purposes. The Commission also may
defray the expenses of | ||||||
19 | the operation of the District development area
and technology | ||||||
20 | park, improvements to the District development area and
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21 | technology park, provision of shared services, common | ||||||
22 | facilities and
common area expenses, benefiting owners and | ||||||
23 | occupants of property within
the District development area and | ||||||
24 | the technology park by general
assessment, special assessment, | ||||||
25 | or the imposition of service or user
fees. As to the entities | ||||||
26 | eligible to be members of the advisory
District Member Council, | ||||||
27 | such assessments or impositions may be
undertaken only with | ||||||
28 | District Member Council consent as provided in
Section 75.
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29 | Section 30. Relocation assistance; mandatory acquisition | ||||||
30 | of gift or voluntary purchase. The Commission may provide | ||||||
31 | relocation assistance to
persons and entities displaced by the | ||||||
32 | Commission's acquisition of
property and improvement of the | ||||||
33 | District. The Commission is also
authorized to acquire private |
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1 | real property by gift or voluntary
purchase without the | ||||||
2 | District if the Commission finds that the
acquisition by gift | ||||||
3 | or voluntary purchase is reasonably necessary to
further and | ||||||
4 | carry out the purposes of this Act.
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5 | Section 35. Borrowing money. To obtain the funds necessary | ||||||
6 | for financing the acquisition of land, the acquisition of | ||||||
7 | construction of any building, and for the operation of the | ||||||
8 | District set forth in this Act, the Commission may borrow money | ||||||
9 | from any public or private agency, department, corporation, or | ||||||
10 | person. The Commission shall have no authority to issue bonds. | ||||||
11 | The debts of the Commission shall not be the debts of the State | ||||||
12 | of Illinois. | ||||||
13 | Section 40. Powers of the Department of Central Management | ||||||
14 | Services concerning the District. The Department of Central | ||||||
15 | Management Services shall
exercise the same powers in regard to | ||||||
16 | the Commission as it exercises for
Code Departments under | ||||||
17 | Section 405-15 of the Department of Central
Management Services | ||||||
18 | Law (20 ILCS 405/).
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19 | Section 45. Transfer of real property. The Commission may | ||||||
20 | sell, convey, transfer, or lease any
title or interest in real | ||||||
21 | estate owned by it to any person or persons
to be used, subject | ||||||
22 | to the restrictions of this Act, for the purposes
stated in | ||||||
23 | Section 25, or for the purpose of serving persons using the
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24 | facilities offered within the District or for carrying out of | ||||||
25 | any aspect
of the Commission's purpose as set forth in Section | ||||||
26 | 10 of this Act,
subject to any restrictions as to the use | ||||||
27 | thereof that the Commission
determines will carry out the | ||||||
28 | purpose of this Act. To assure that
the use of the real | ||||||
29 | property so sold or leased is in accordance with the
provisions | ||||||
30 | of this Act, the Commission shall inquire into and satisfy
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31 | itself concerning the financial ability of the purchaser to |
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1 | complete the
project for which the real estate is sold or | ||||||
2 | leased in accordance with
a plan to be presented by the | ||||||
3 | purchaser or lessee, which must be
submitted, in writing, to | ||||||
4 | the Commission. The purchaser or lessee shall
under the plan | ||||||
5 | undertake: (i) to use the land for the purposes
designated in | ||||||
6 | the plan so presented; (ii) to commence and complete the
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7 | construction of the buildings or other structures to be | ||||||
8 | included in the
project within such periods of time as the | ||||||
9 | Commission fixes as
reasonable; and (iii) to comply with such | ||||||
10 | other conditions as the
Commission shall determine are | ||||||
11 | necessary to carry out the project. Any
real property sold by | ||||||
12 | the Commission pursuant to the provisions of this
Act shall be | ||||||
13 | sold at its use value, which may be more or less than its
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14 | acquisition cost and which represents the value at which the
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15 | Commission determines, after a hearing by the Commission or by | ||||||
16 | such
person as the Commission designates to hold the hearing, | ||||||
17 | the real
property should be made available for sale or rental | ||||||
18 | in order that it
may be developed for the accomplishment of the | ||||||
19 | purposes of this Act. In
determining the use value of the real | ||||||
20 | property, the Commission shall
take into consideration whether | ||||||
21 | or not said property is to be used by a
wholly or partially tax | ||||||
22 | supported body created under the laws of the
State of Illinois, | ||||||
23 | by any department of the State government or any
political | ||||||
24 | subdivision of the State, by a charitable institution, or by a
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25 | private person or institution operating for profit; and the | ||||||
26 | Commission
shall also consider the contribution that the | ||||||
27 | project will make toward
the development of the District and | ||||||
28 | the furtherance of the purposes of
this Act in determining the | ||||||
29 | use price, provided, however, that the
Commission may convey | ||||||
30 | the fee simple title to land acquired by it,
without the | ||||||
31 | payment of any consideration, to the State of Illinois, any
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32 | political subdivision thereof, or to any body politic and | ||||||
33 | corporate or
public corporation created under the laws of the | ||||||
34 | State of Illinois for
the carrying out of any function of the |
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1 | State. At any hearing for the
purpose of the Commission's | ||||||
2 | making these determinations, an
investigation must be made and | ||||||
3 | any witnesses and documentary evidence
examined that will have | ||||||
4 | bearing on the use value of the property to be
sold or leased. | ||||||
5 | The Commission shall designate a
Commissioner or other person | ||||||
6 | of legal age to conduct the hearing, and the Commissioner or | ||||||
7 | other person so designated
by the Commission shall give | ||||||
8 | reasonable notice to the interested parties
of the time, place, | ||||||
9 | and purpose for the holding of the hearing. The
Commissioner or | ||||||
10 | other person designated by the Commission to hold the
hearing | ||||||
11 | shall have the power to administer oaths and affirmations and
| ||||||
12 | shall cause to be taken the testimony of witnesses and the | ||||||
13 | production of
papers, books, records, accounts and documents; | ||||||
14 | and the person so
designated to hold the hearing shall certify | ||||||
15 | to the Commission the
record of the proceedings held before him | ||||||
16 | or her in connection with the
hearing. The record of | ||||||
17 | proceedings shall become a part of the records
of the | ||||||
18 | Commission. All conveyances and leases authorized in this | ||||||
19 | Section
shall be on condition that, in the event of use for | ||||||
20 | other than the
purposes prescribed in this Act, or of nonuse | ||||||
21 | for a period of one year,
title to the property shall revert to | ||||||
22 | the Commission. All conveyances
and leases made by the | ||||||
23 | Commission to any corporation or person for use
of serving the | ||||||
24 | residents or any person using the facilities offered
within the | ||||||
25 | District shall be on condition that in the event of violation
| ||||||
26 | of any of the restrictions as to the use thereof as the | ||||||
27 | Commission shall
have determined will carry out the purposes of | ||||||
28 | this Act, that title to
such property shall revert to the | ||||||
29 | Commission. However, if the Commission
finds that financing | ||||||
30 | necessary for the acquisition or lease of any real
estate or | ||||||
31 | for the construction of any building or improvement to be used
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32 | for purposes prescribed in this Act cannot be obtained if title | ||||||
33 | to the
land or building or improvement is subject to this | ||||||
34 | reverter provision,
which finding shall be made by the |
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1 | Commission after public hearing held
pursuant to a single | ||||||
2 | publication notice given in a secular newspaper of
general | ||||||
3 | circulation in Saint Clair County at least 10 days prior to the
| ||||||
4 | date of the hearing, such notice to specify the time, place and | ||||||
5 | purpose
for such hearing, and upon such finding being made, the | ||||||
6 | Commission may
cause the real property to be conveyed free of | ||||||
7 | the reverter provision,
provided that at least 6 members of the | ||||||
8 | Commission vote in favor
thereof. The Commission may also | ||||||
9 | provide in the conveyances, leases, or
other documentation | ||||||
10 | provisions for notice of such violations or default
and the | ||||||
11 | cure thereof for the benefit of any lender or mortgagee as the
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12 | Commission shall determine are appropriate. If, at a regularly | ||||||
13 | scheduled
meeting, the Commission resolves that a parcel of | ||||||
14 | real estate leased by
it, or in which it has sold the fee | ||||||
15 | simple title or any lesser estate,
is not being used for the | ||||||
16 | purposes prescribed in this Act or has been in
nonuse for a | ||||||
17 | period of one year, the Commission may file a lawsuit in
the | ||||||
18 | circuit court of the county in which the property is located to
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19 | enforce the terms of the sale or lease. In the event a reverter | ||||||
20 | of title
to any property is ordered by the court pursuant to | ||||||
21 | the terms of this
Act, the interest of the Commission shall be | ||||||
22 | subject to any then
existing valid mortgage or trust deed in | ||||||
23 | the nature of a mortgage, but
in case the title is acquired | ||||||
24 | through foreclosure of the mortgage or
trust deed or by deed in | ||||||
25 | lieu of foreclosure of the mortgage or trust
deed, then the | ||||||
26 | title to the property shall not revert, but shall be
subject to | ||||||
27 | the restrictions as to use, but not any penalty for nonuse,
| ||||||
28 | contained in this Act with respect to any mortgagee in | ||||||
29 | possession or its
successor or assigns.
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30 | No conveyance of real property shall be executed by the | ||||||
31 | Commission
without the prior written approval of the Governor. | ||||||
32 | Commission property
leased or occupied by others for purposes | ||||||
33 | permitted under this Act or
Commission property held for | ||||||
34 | redevelopment shall not constitute
"property" for the purposes |
| |||||||
| |||||||
1 | of the State Property Control Act.
| ||||||
2 | Section 50. Notice of hearing for property transfer. Prior | ||||||
3 | to the holding of any public hearing prescribed in
Section 45 | ||||||
4 | of this Act, or any meeting regarding the passage of any
| ||||||
5 | resolution to file a lawsuit, the Commission shall give notice | ||||||
6 | to the
grantee or lessee, or his or her legal representatives, | ||||||
7 | successors or
assigns, of the time and place of the proceeding. | ||||||
8 | The notice shall be
accompanied by a statement signed by the | ||||||
9 | Secretary of the Commission, or
by any person authorized by the | ||||||
10 | Commission to sign the same, setting
forth any act or things | ||||||
11 | done or omitted to be done in violation, or
claimed to be in | ||||||
12 | violation, of any restriction as to the use of the
property, | ||||||
13 | whether the restriction be prescribed in any of the terms of
| ||||||
14 | this Act or by any restriction as to the use of the property | ||||||
15 | determined
by the Commission pursuant to the terms of this Act. | ||||||
16 | This notice of the
time and place fixed for the proceeding | ||||||
17 | shall also be given to any
person or persons as the Commission | ||||||
18 | shall deem necessary. The notice
may be given by registered | ||||||
19 | mail, addressed to the grantee, lessee, or
to his or her legal | ||||||
20 | representatives, successors or assigns, at the last known
| ||||||
21 | address of the grantee, lessee, or his or her legal | ||||||
22 | representatives,
successors, or assigns.
| ||||||
23 | Section 55. Rules and regulations. The Commission may adopt | ||||||
24 | reasonable and
proper rules and regulations relative to the | ||||||
25 | exercise of its powers, and
proper rules to govern its | ||||||
26 | proceedings, and to regulate the mode and
manner of all | ||||||
27 | hearings held by it or at its direction, and to alter and
amend | ||||||
28 | same.
| ||||||
29 | Section 60. Copies of documents as evidence. Copies of all | ||||||
30 | official documents, findings, and orders of
the Commission, | ||||||
31 | certified by a Commissioner or by the Secretary of the
|
| |||||||
| |||||||
1 | Commission to be true copies of the originals thereof, under | ||||||
2 | the
official seal of the commission, shall be evidence in like | ||||||
3 | manner as the
originals.
| ||||||
4 | Section 65. Judicial review. Any party may obtain a | ||||||
5 | judicial review of final orders or
decision of the Commission | ||||||
6 | in the circuit court of the county in which
the property | ||||||
7 | involved in such proceeding is situated, or if such
property is | ||||||
8 | situated in more than one county, then of any one of such
| ||||||
9 | counties, only under and in accordance with the provisions of | ||||||
10 | the
Administrative Review Law, and all existing and future | ||||||
11 | amendments and
modifications thereof, and the rules now or | ||||||
12 | hereafter adopted pursuant
thereto. The circuit court shall | ||||||
13 | take judicial notice of all the rules
of practice and procedure | ||||||
14 | of the Commission.
| ||||||
15 | Section 70. Public park. The Commission may set apart any | ||||||
16 | part of the District as a
park and may construct, control, and | ||||||
17 | maintain the same or may provide by
contract with the City of | ||||||
18 | East Saint Louis, Saint Clair County, the State
of Illinois, or | ||||||
19 | the United States, for the
construction, control and | ||||||
20 | maintenance of any area within the District
set apart as a | ||||||
21 | park.
| ||||||
22 | Section 75. Master plan; improvement and management of | ||||||
23 | District;
building regulations; zoning.
The Commission shall | ||||||
24 | prepare a
comprehensive master plan for the orderly development | ||||||
25 | of all property
within the District. The Commission shall so | ||||||
26 | improve and manage the
District as to provide conditions most | ||||||
27 | favorable for the special care
and treatment of the sick and | ||||||
28 | injured and for the study of disease and
for any other purpose | ||||||
29 | in Section 25 of this Act. The Commission shall, by
ordinance, | ||||||
30 | classify, regulate and
restrict the location and construction | ||||||
31 | of all buildings within the
District, shall regulate the height |
| |||||||
| |||||||
1 | and size of the buildings,
determine the area of open space | ||||||
2 | within and around the buildings, fix
standards of construction, | ||||||
3 | control and regulate additions to or
alterations of existing | ||||||
4 | buildings and prohibit the use of buildings and
structures | ||||||
5 | incompatible with the character of the District, to the end
| ||||||
6 | that adequate light, air, quietness, and safety from fire and | ||||||
7 | from the
communication of diseases and other dangers may be | ||||||
8 | secured. Provided,
that the power herein conferred shall not be | ||||||
9 | so exercised as to deprive
any owner of any existing property | ||||||
10 | of its use or maintenance for the
purpose to which it is now | ||||||
11 | lawfully devoted nor to limit the expansion,
design, location, | ||||||
12 | maintenance, use, or occupancy of real property to be
used by | ||||||
13 | any governmental body, agency, or instrumentality in any manner
| ||||||
14 | set forth in this Section, provided that the property is | ||||||
15 | devoted to any
use or purpose permitted under this Act. Further | ||||||
16 | provided, the power
herein conferred shall not be exercised to | ||||||
17 | restrict the use for any
State or county purpose of any | ||||||
18 | buildings existing within the District at
the time of enactment | ||||||
19 | and either owned, operated, or managed on behalf of
the county | ||||||
20 | or by the Department of Central Management Services or for
| ||||||
21 | which the Department of Central Management Services shall be | ||||||
22 | otherwise responsible as provided by law.
| ||||||
23 | The Commission shall request the City Council of the City | ||||||
24 | of
East Saint Louis to recommend appropriate zoning regulations | ||||||
25 | for the District that co-ordinate with the zoning of the | ||||||
26 | surrounding sections of the City of East Saint Louis. If, at | ||||||
27 | the end of 60 days following this request, an ordinance has not | ||||||
28 | been submitted to the Commission, the Commission may prepare a | ||||||
29 | zoning ordinance either with or without the advice of the City | ||||||
30 | Council. When the zoning ordinance is ready for adoption, the
| ||||||
31 | Commission shall cause notice of a public hearing to be posted | ||||||
32 | in at
least 4 conspicuous places within the District, at least | ||||||
33 | 10 days before
the date of the hearing. It shall also publish | ||||||
34 | notice of the hearing
in some newspaper of general circulation |
| |||||||
| |||||||
1 | in Saint Clair County for 3
consecutive days. The hearing shall | ||||||
2 | be held not earlier than 10 days
after the date of the last | ||||||
3 | publication. Both types of notice shall
contain the time and | ||||||
4 | place of the hearing and the place where copies of
the proposed | ||||||
5 | ordinance may be examined. The hearing shall be held at the
| ||||||
6 | time and place specified and shall be adjourned from time to | ||||||
7 | time until
all interested parties have had an opportunity to be | ||||||
8 | heard. The
Commission shall invite the City Council and City | ||||||
9 | Manager to attend the
hearing and shall ask for suggestions of | ||||||
10 | the City Council and Manager as
to the modification of the | ||||||
11 | proposed ordinance. After the adoption of the zoning ordinance | ||||||
12 | or any other proper ordinance of the Commission, it may | ||||||
13 | institute any appropriate action to prevent or abate any | ||||||
14 | unlawful act within the District. Any government body, agency, | ||||||
15 | or instrumentality owning or occupying property within the | ||||||
16 | District may consent to be bound in whole or in part by the | ||||||
17 | provisions of the master plan or development ordinance adopted | ||||||
18 | by the Commission. The Commission must establish an advisory | ||||||
19 | council of 2 representatives of each of the major
District | ||||||
20 | members owning or occupying facilities within the District, | ||||||
21 | with major members to be determined by regulations of the | ||||||
22 | Commission. Council members shall be appointed by and serve at | ||||||
23 | the pleasure of their respective governing boards. The council | ||||||
24 | may assist the Commission in the fulfillment of its statutory | ||||||
25 | purposes and responsibilities and the maintenance of the | ||||||
26 | District. At the Commission's request, the council may review | ||||||
27 | and make recommendations to the Commission with respect to the | ||||||
28 | comprehensive master plan to be adopted by the Commission or | ||||||
29 | any plan of development or occupancy of its facilities within | ||||||
30 | the District presented to the Commission by any governmental | ||||||
31 | body, agency, or instrumentality. The Commission may upon a | ||||||
32 | unanimous request of the council provide for shared services | ||||||
33 | and facilities within the District for members of the council. | ||||||
34 | The Commission may provide, contract, and construct facilities |
| |||||||
| |||||||
1 | and charge and collect fees necessary to supply these shared | ||||||
2 | services and facilities so approved. The Commission may utilize | ||||||
3 | any powers specified within this Act regardless of geographic | ||||||
4 | boundary for or in
support of a specific project, activity, or | ||||||
5 | development if that request
is made by a unanimous | ||||||
6 | recommendation of all of the members of the
member council.
| ||||||
7 | Section 80. Jurisdiction and power of City of East St. | ||||||
8 | Louis; tax exemption for Commission property; condemnation of | ||||||
9 | Commission property. This Act shall not be construed to limit | ||||||
10 | the jurisdiction
of the City of East Saint Louis to territory | ||||||
11 | outside the limits of the District nor to impair any power now | ||||||
12 | possessed by or hereafter granted to the City of East Saint | ||||||
13 | Louis or to cities generally except that those are expressly | ||||||
14 | granted to the Commission by Section 75 of this Act. | ||||||
15 | The property of the Commission shall be exempt from | ||||||
16 | taxation, and shall be subject to condemnation by the State and | ||||||
17 | any municipal corporation or agency of the State for any State | ||||||
18 | or municipal purpose under the provisions for the
exercise of | ||||||
19 | the right of eminent domain under Article VII of the Code of | ||||||
20 | Civil Procedure, as amended.
| ||||||
21 | Section 85. Disposition of moneys; income fund. All money | ||||||
22 | received by
the Commission from the sale or lease of any | ||||||
23 | property, in excess of any
amount expended by the Commission | ||||||
24 | for authorized purposes under this Act
or as may be necessary | ||||||
25 | to satisfy the obligation of any revenue bond
issued pursuant | ||||||
26 | to Section 35, shall be paid into the State Treasury for
| ||||||
27 | deposit into the Mid-America Medical District Income Fund | ||||||
28 | provided,
however, that the Commission is authorized to use all | ||||||
29 | money received as
rentals for the purposes of planning, | ||||||
30 | acquisition, and development of
property within the District | ||||||
31 | and operation, maintenance and improvement
of property of the | ||||||
32 | Commission and for all purposes and powers set forth
in this |
| |||||||
| |||||||
1 | Act. Upon enactment, not later than July 10 of each year,
the | ||||||
2 | Commission shall transmit to the State Treasurer for deposit | ||||||
3 | into
the Fund all moneys on hand at June 30
in excess of | ||||||
4 | $500,000 without deduction or offset of any kind, except
that | ||||||
5 | the Commission may retain such additional funds as are | ||||||
6 | necessary to
pay enforceable contractual obligations existing | ||||||
7 | as of June 30 and that
will be paid not later than September 30 | ||||||
8 | of that year. All moneys
retained for the payment of these | ||||||
9 | obligations and not paid out by
September 30, shall be remitted | ||||||
10 | in full to the State Treasury, without
deduction or offset of | ||||||
11 | any kind, not later than October 10 of the same
year. All money | ||||||
12 | held pursuant to this Section shall be maintained in a
| ||||||
13 | depository approved by the State Treasurer. The Auditor General | ||||||
14 | shall,
at least biennially, audit or cause to be audited all | ||||||
15 | records and
accounts of the Commission pertaining to the | ||||||
16 | operation of the District.
| ||||||
17 | Section 90. Severability. If any provision of this Act is | ||||||
18 | held invalid, that
provision shall be deemed to be excised from | ||||||
19 | this Act and the invalidity
of that provision shall not affect | ||||||
20 | any of the other provisions of this Act. If the
application of | ||||||
21 | any provision of this Act to any person or circumstance
is held | ||||||
22 | invalid, it shall not affect the application of such provision
| ||||||
23 | to persons or circumstances other than those as to which it is | ||||||
24 | held
invalid.
| ||||||
25 | Section 905. The State Finance Act is amended by adding | ||||||
26 | Section
5.625 as follows:
| ||||||
27 | (30 ILCS 105/5.625 new)
| ||||||
28 | Sec. 5.625. The Mid-America Medical District Income | ||||||
29 | Fund. ".
|