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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Airport Authorities Act is amended by | ||||||
5 | changing Sections 1, 3.1, 14.1, 14.2, and 14.3 and by adding | ||||||
6 | Sections 22.1, 22.2, 22.3, 22.4, 22.6, and 22.7 as follows:
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7 | (70 ILCS 5/1) (from Ch. 15 1/2, par. 68.1)
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8 | Sec. 1. Definitions. When used in this Act:
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9 | "Aeronautics" means the act or practice of the art and | ||||||
10 | science of
transportation by aircraft and instruction therein, | ||||||
11 | and establishment,
construction, extension, operation, | ||||||
12 | improvement, repair or maintenance of
airports and airport | ||||||
13 | facilities and air navigation facilities, and the
operation, | ||||||
14 | construction, repair or maintenance of aircraft.
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15 | "Aircraft" means any contrivance now known or hereafter | ||||||
16 | invented, used
or designed for navigation of, or flight in, the | ||||||
17 | air.
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18 | "Airport" means any locality, either land or water, which | ||||||
19 | is used or
designed for the landing and taking off of aircraft, | ||||||
20 | or for the location of
runways, landing fields, airdromes, | ||||||
21 | hangars, buildings, structures, airport
roadways and other | ||||||
22 | facilities.
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23 | "Airport hazard" means any structure, or object of natural |
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1 | growth,
located on or in the vicinity of an airport, or any use | ||||||
2 | of land near an
airport, which is hazardous to the use of such | ||||||
3 | airport for the landing and
take-off of aircraft.
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4 | "Approach" means any path, course or zone defined by an | ||||||
5 | ordinance of an
Authority, or by other lawful regulation, on | ||||||
6 | the ground or in the air, or
both, for the use of aircraft in | ||||||
7 | landing and taking off from an airport
located within an | ||||||
8 | Authority.
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9 | "Facilities" means and includes real estate and any and all | ||||||
10 | forms of
tangible and intangible personal property and services | ||||||
11 | used or useful as an
aid, or constituting an advantage or | ||||||
12 | convenience to, the safe landing,
taking off and navigation of | ||||||
13 | aircraft, or the safe and efficient operation
or maintenance of | ||||||
14 | a public airport. In addition, for all airport
authorities, | ||||||
15 | "facilities" means and includes real estate, tangible and
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16 | intangible personal property, and services used or useful for | ||||||
17 | commercial
and recreational purposes.
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18 | "Board of Commissioners" and "Board" mean the board of | ||||||
19 | commissioners of
an established authority or an authority | ||||||
20 | proposed to be established.
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21 | "Commercial aircraft" means any aircraft other than public | ||||||
22 | aircraft
engaged in the business of transporting persons or | ||||||
23 | property.
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24 | "Airport Authority" means a municipal corporation created | ||||||
25 | and
established under Section 2 of this Act, and includes | ||||||
26 | Metropolitan
Airport Authorities. "Authority" and "Airport
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1 | Authority" are synonymous , unless the context requires | ||||||
2 | otherwise .
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3 | "Metropolitan Airport Authority" and "Metropolitan | ||||||
4 | Authority" mean an
airport authority established in the manner | ||||||
5 | provided in Section 2.7 of
this Act.
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6 | "Municipality" means any city, village or incorporated | ||||||
7 | town of the State
of Illinois.
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8 | "Public Agency" means any political subdivision, public | ||||||
9 | corporation,
quasi-municipal corporation or municipal | ||||||
10 | corporation of the State of
Illinois, excepting public | ||||||
11 | corporations or agencies owning, operating or
maintaining a | ||||||
12 | college or university with funds of the State of Illinois.
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13 | "Private aircraft" means any aircraft other than public and | ||||||
14 | commercial
aircraft.
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15 | "Public aircraft" means an aircraft used exclusively in the | ||||||
16 | governmental
service of the United States, or of any state or | ||||||
17 | of any public agency,
including military and naval aircraft.
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18 | "Public airport" means an airport owned by an airport | ||||||
19 | authority or other
public agency which is used or is intended | ||||||
20 | for use by public, commercial
and private aircraft and by | ||||||
21 | persons owning, managing, operating or desiring
to use, inspect | ||||||
22 | or repair any such aircraft or to use any such airport for
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23 | aeronautical purposes.
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24 | "Public interest" means the protection, furtherance and | ||||||
25 | advancement of
the general welfare and of public health and | ||||||
26 | safety and public necessity
and convenience in respect to |
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1 | aeronautics.
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2 | "Rail Authority" means a Rail Authority established as | ||||||
3 | provided in Section 22.1 of this Act. | ||||||
4 | "Rail facility" has the meaning set forth in Section 22.2 | ||||||
5 | of this Act. | ||||||
6 | "Related facility" has the meaning set forth in Section | ||||||
7 | 22.2 of this Act.
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8 | (Source: P.A. 87-854.)
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9 | (70 ILCS 5/3.1) (from Ch. 15 1/2, par. 68.3a)
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10 | Sec. 3.1. Boards of commissioners - Appointment. The Boards | ||||||
11 | of
Commissioners of Authorities shall be appointed as follows:
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12 | (1) In case there are one or more municipalities having a | ||||||
13 | population of
5,000 or more within the Authority, the | ||||||
14 | commissioners shall be appointed as
follows:
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15 | (a) Where there is only one such municipality, 3 | ||||||
16 | commissioners shall be
appointed from such municipality, | ||||||
17 | and 2 commissioners shall be appointed at
large.
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18 | (a-5) Within 30 days after the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly, one additional | ||||||
20 | commissioner shall be appointed to the board of the | ||||||
21 | Springfield Airport Authority from each municipality | ||||||
22 | having a population of 5,000 or more within the Authority, | ||||||
23 | and one additional commissioner shall be appointed at | ||||||
24 | large. The additional commissioners shall serve for a term | ||||||
25 | of 4 or 5 years, as determined by lot. Their successors |
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1 | shall serve for terms of 5 years.
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2 | (b) Where there are 2 or more such municipalities, one | ||||||
3 | commissioner
shall be appointed from each municipality | ||||||
4 | with a population between 5,000 and 45,000, 2 commissioners | ||||||
5 | shall be appointed from each municipality with a population | ||||||
6 | of more than 45,000,
such municipality and 3 commissioners | ||||||
7 | shall be appointed at large; except
that when the physical | ||||||
8 | facilities of the airport of the Authority are located
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9 | wholly within a single county with a population between | ||||||
10 | 600,000 and
3,000,000 there shall be one commissioner | ||||||
11 | appointed from each municipality
within the corporate | ||||||
12 | limits of the Authority having 5,000 or more
population and | ||||||
13 | 5 commissioners appointed at large. If the
Authority is | ||||||
14 | located wholly within the corporate limits of such
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15 | municipalities, 2 commissioners shall be appointed from | ||||||
16 | the one of such
municipalities having the largest | ||||||
17 | population, and one commissioner shall be
appointed from | ||||||
18 | each of the other such municipalities, and 2 commissioners
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19 | shall be appointed at large.
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20 | (c) Commissioners representing the area within an | ||||||
21 | Authority located
outside of any municipality having 5,000 | ||||||
22 | or more population and
commissioners appointed at large | ||||||
23 | when the authority is wholly contained
within a single | ||||||
24 | county shall be appointed by the presiding officer of the
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25 | county board with the advice and consent of the county | ||||||
26 | board, and when the
physical facilities of the airport of |
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1 | the Authority are located wholly within
a single county | ||||||
2 | with a population between 600,000 and 3,000,000 the
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3 | commissioners appointed at large shall be appointed by the
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4 | chairman of the county board of such county, and any
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5 | commissioner representing the area within any such | ||||||
6 | municipality shall be
appointed by its mayor or the | ||||||
7 | presiding officer of its governing body. If
however the | ||||||
8 | district is located in more than one county other than a
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9 | county with a population between 600,000 and 3,000,000, the | ||||||
10 | members of the
General Assembly whose legislative | ||||||
11 | districts encompass any portion of the
Authority shall | ||||||
12 | appoint the commissioners representing the area within an
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13 | Authority located outside of any municipality having 5,000 | ||||||
14 | or more
population and commissioners at large but any | ||||||
15 | commissioner representing the
area within any such | ||||||
16 | municipality shall be appointed by its mayor or the
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17 | presiding officer of its governing body.
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18 | (d) A commissioner representing the area within any | ||||||
19 | such municipality
shall reside within its corporate | ||||||
20 | limits. A commissioner appointed at large may reside
either | ||||||
21 | within or without any such municipality but must reside | ||||||
22 | within the
territory of the authority. Should any | ||||||
23 | commissioner cease to reside within
that part of the | ||||||
24 | territory he represents, or should the territory in which
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25 | he resides cease to be a part of the authority, then his | ||||||
26 | office shall be
deemed vacated, and shall be filled by |
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1 | appointment for the remainder of the
term as hereinafter | ||||||
2 | provided.
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3 | (2) In case there are no municipalities having a population | ||||||
4 | of 5,000 or
more within such authority located wholly within a | ||||||
5 | single county, such
order shall so find, and in such case the | ||||||
6 | Board shall consist of 5
commissioners who shall be appointed | ||||||
7 | at large by the presiding officer of
the county board with the | ||||||
8 | advice and consent of the county board. If
however the district | ||||||
9 | is located in more than one county, the members of the
General | ||||||
10 | Assembly whose legislative districts encompass any portion of | ||||||
11 | the
Authority shall appoint the commissioners at large.
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12 | (3) Should a municipality which is wholly within an | ||||||
13 | authority attain, or
should such a municipality be established, | ||||||
14 | having a population of 5,000 or
more after the entry of said | ||||||
15 | order by the circuit court, the presiding
officer of such | ||||||
16 | municipality may petition the circuit court for an order
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17 | finding and determining the population of such municipality | ||||||
18 | and, if it is
found and determined upon the hearing of said | ||||||
19 | petition that the population
of such municipality is 5,000 or | ||||||
20 | more, the board of commissioners of such
authority as | ||||||
21 | previously established shall be increased by one commissioner
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22 | who shall reside within the corporate limits of such | ||||||
23 | municipality and shall
be appointed by its presiding officer. | ||||||
24 | The initial commissioner so
appointed shall serve for a term of | ||||||
25 | 1, 2, 3, 4 or 5 years, as may be
determined by lot, and his | ||||||
26 | successors shall be similarly appointed and
shall serve for |
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1 | terms of 5 years. All provisions of this section applicable
to | ||||||
2 | commissioners representing municipal areas shall apply to any | ||||||
3 | such
commissioner. Each such commissioner shall reside within | ||||||
4 | the authority and
shall continue to reside therein.
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5 | (4) Notwithstanding any other provision of this Section, | ||||||
6 | the Board of
Commissioners of a Metropolitan Airport Authority | ||||||
7 | shall consist of 9
commissioners.
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8 | Seven commissioners shall be residents of the county with
a | ||||||
9 | population between 600,000 and 3,000,000 within which the | ||||||
10 | Metropolitan
Airport Authority was established. These | ||||||
11 | commissioners shall be
appointed by the county board chairman | ||||||
12 | of the county
with a population between 600,000 and 3,000,000 | ||||||
13 | within which the
Metropolitan Airport Authority was | ||||||
14 | established, with the advice and
consent of the county board of | ||||||
15 | that county.
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16 | Two commissioners shall be residents of the territory of | ||||||
17 | the Authority
located outside the county with a population | ||||||
18 | between 600,000 and 3,000,000.
These commissioners shall be | ||||||
19 | appointed jointly by the mayors of the
municipalities having a | ||||||
20 | population over 5,000 that are located outside the
county with | ||||||
21 | a population between 600,000 and 3,000,000, with the advice and
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22 | consent of the governing bodies of those municipalities.
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23 | The transition from the pre-existing composition of the | ||||||
24 | Metropolitan
Airport Authority Board of Commissioners to the | ||||||
25 | composition specified in
this amendatory Act of 1991 shall be | ||||||
26 | accomplished as follows:
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1 | (A) The appointee who was required to be a resident of | ||||||
2 | the area
outside of the county with a population between | ||||||
3 | 600,000 and 3,000,000 may
serve until his or her term | ||||||
4 | expires. The replacement shall be one of the 2
appointees | ||||||
5 | who shall be residents of the territory of the Authority | ||||||
6 | located
outside the county with a population between | ||||||
7 | 600,000 and 3,000,000.
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8 | (B) The other 8 commissioners may serve until their | ||||||
9 | terms expire. Upon
the occurrence of the second vacancy | ||||||
10 | among these 8 commissioners after the
effective date of | ||||||
11 | this amendatory Act of 1991, the replacement shall be the
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12 | second of the 2 appointees who shall be residents of the | ||||||
13 | territory of the
Authority located outside of the county | ||||||
14 | with a population between 600,000
and 3,000,000. Upon the | ||||||
15 | expiration of the terms of the other 7
commissioners, the | ||||||
16 | replacements shall be residents of the county with a
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17 | population between 600,000 and 3,000,000.
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18 | (C) All commissioners appointed after the effective | ||||||
19 | date of this
amendatory Act of 1991, and their successors, | ||||||
20 | shall be appointed in the
manner set forth in this | ||||||
21 | amendatory Act of 1991.
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22 | (Source: P.A. 94-466, eff. 1-1-06.)
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23 | (70 ILCS 5/14.1) (from Ch. 15 1/2, par. 68.14a)
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24 | Sec. 14.1. Bond limitation. An Authority may secure the | ||||||
25 | necessary
funds to finance part or all of the cost of (i)
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1 | acquiring, establishing,
constructing, developing, expanding, | ||||||
2 | extending or further improving a
public airport, public | ||||||
3 | airports, or airport facilities within
or without its corporate | ||||||
4 | limits or within or upon any body of water
adjacent thereto ; | ||||||
5 | and (ii) studying, designing, acquiring, constructing, | ||||||
6 | developing, expanding, extending, or improving any rail | ||||||
7 | facility or related facility as provided in this Act for a Rail | ||||||
8 | Authority established by the Board of Commissioners of the | ||||||
9 | Authority, upon a determination by the Board of Commissioners, | ||||||
10 | that, in its judgment, the rail or other service to be provided | ||||||
11 | by those rail facilities or related facilities will benefit the | ||||||
12 | airport operated by the Airport Authority , through the issuance | ||||||
13 | of bonds as hereinafter provided in
Sections 14.1 to 14.5 | ||||||
14 | inclusive, to the principal amount of which at any
one time | ||||||
15 | outstanding, together with other outstanding indebtedness of | ||||||
16 | the
Authority, shall not exceed 2.3% of the aggregate valuation | ||||||
17 | of all taxable
property within the Authority, as equalized or | ||||||
18 | assessed by the Department
of Revenue or, until January 1, | ||||||
19 | 1983, if greater, the sum that is produced
by multiplying the | ||||||
20 | Authority's 1978 equalized assessed valuation by the
debt | ||||||
21 | limitation percentage in effect on January 1, 1979. No such | ||||||
22 | airport
project shall be financed by the issuance of bonds | ||||||
23 | under this Section
unless such proposed airport project has | ||||||
24 | been approved by the Department of
Transportation as to | ||||||
25 | location and size and found by the Department to be in
the | ||||||
26 | public interest; provided that the approval of the Department |
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1 | of
Transportation as provided in Sections 14.1 through 14.5 is | ||||||
2 | not required in
the case of airport projects consisting solely | ||||||
3 | of commercial or
recreational facilities or rail facilities or | ||||||
4 | related facilities .
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5 | (Source: P.A. 87-854.)
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6 | (70 ILCS 5/14.2) (from Ch. 15 1/2, par. 68.14b)
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7 | Sec. 14.2. General plans and cost estimate to be approved. | ||||||
8 | Before the
adoption of any ordinance providing for the issuance | ||||||
9 | of such bonds, the
board of commissioners of the authority | ||||||
10 | shall cause a description and
general plan for the project to | ||||||
11 | be prepared and submitted to the Department
of Transportation, | ||||||
12 | together with an estimate of the cost of the project.
The | ||||||
13 | project and the plans and estimate of cost may be changed with | ||||||
14 | the
approval of the Department. Prior to undertaking the | ||||||
15 | project, the final
plans, specifications and estimate of cost | ||||||
16 | must be approved by the
Department. The requirements of this | ||||||
17 | Section do not apply to airport
projects consisting solely of | ||||||
18 | commercial or recreational facilities or rail facilities or | ||||||
19 | related facilities .
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20 | (Source: P.A. 87-854; 87-895.)
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21 | (70 ILCS 5/14.3) (from Ch. 15 1/2, par. 68.14c)
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22 | Sec. 14.3. Bond ordinance. Upon the approval of the general | ||||||
23 | plan and
cost estimate for any such project by the Department | ||||||
24 | of Transportation,
if required, the
Board of Commissioners of |
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1 | the authority shall provide by ordinance for the
acquisition or | ||||||
2 | undertaking of such project, and for the issuance of bonds
of | ||||||
3 | the authority payable from taxes to pay the cost of such | ||||||
4 | project to the
authority or for costs with respect to rail | ||||||
5 | facilities or related facilities as provided in Section 14.1 . | ||||||
6 | The ordinance shall prescribe all details of the bonds and | ||||||
7 | shall
state the time or times when bonds, and the interest | ||||||
8 | thereon, shall become
payable and the bonds shall be payable | ||||||
9 | within not more than 20 years from
the date thereof. Any | ||||||
10 | authority may agree or contract to sell, issue or
deliver bonds | ||||||
11 | payable from taxes at such price and upon such terms as
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12 | determined by the Board of Commissioners of the Authority and | ||||||
13 | as will not
cause the net effective interest rate to be paid by | ||||||
14 | the Authority on the
issue of which such bonds are a part to | ||||||
15 | exceed the greater of (i) the
maximum rate authorized by the | ||||||
16 | Bond Authorization Act, as amended at the
time of the making of | ||||||
17 | the contract, or (ii) the greater of 9% per annum
or 125% of | ||||||
18 | the rate for the most recent date shown in the 20 G.O. Bonds
| ||||||
19 | Index of average municipal bond yields as published in the most | ||||||
20 | recent
edition of The Bond Buyer, published in New York, New | ||||||
21 | York, (or any
successor publication or index, or if such | ||||||
22 | publication or index is no
longer published, then any index of | ||||||
23 | long term municipal tax-exempt bond
yields then selected by the | ||||||
24 | Board of Commissioners of the Authority), at
the time the | ||||||
25 | contract is made for such sale of the bonds. Subject to such
| ||||||
26 | limitation, the interest rate or rates on such bonds may be |
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1 | established by
reference to an index or formula which may be | ||||||
2 | implemented or administered
by persons appointed or retained | ||||||
3 | therefor by the Authority. A contract is
made with respect to | ||||||
4 | the sale of bonds when an Authority is contractually
obligated | ||||||
5 | to issue or deliver such bonds to a purchaser who is
| ||||||
6 | contractually obligated to purchase them, and, with respect to | ||||||
7 | bonds
bearing interest at a variable rate or subject to payment | ||||||
8 | upon periodic
demand or put or otherwise subject to remarketing | ||||||
9 | by or for an Authority, a
contract is made on each date of | ||||||
10 | change in the variable rate or such
demand, put or remarketing. | ||||||
11 | The ordinance shall provide for the levy and
collection of a | ||||||
12 | direct annual tax upon all the taxable property within
the | ||||||
13 | corporate limits of such Authority, sufficient to meet the | ||||||
14 | principal
and interest of the bonds as same mature, which tax | ||||||
15 | shall be in addition
to and in excess of any other tax | ||||||
16 | authorized to be levied by the
Authority.
The bonds may be | ||||||
17 | issued in part under the authority of, and may be
additionally | ||||||
18 | secured as provided in, the Local Government Debt Reform Act. | ||||||
19 | Proceeds of bonds issued with respect to rail facilities or | ||||||
20 | related facilities shall be provided to, or expended by the | ||||||
21 | Authority for the benefit of, the Rail Authority.
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22 | A certified copy of the ordinance providing for the | ||||||
23 | issuance of bonds
authorized by this Section shall be filed | ||||||
24 | with the county clerk of each
county in which the authority or | ||||||
25 | any portion thereof is situated and
shall constitute the basis | ||||||
26 | for the extension and collection of the tax
necessary to pay |
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1 | the principal of and interest and premium, if any,
upon the | ||||||
2 | bonds issued under the ordinance as the same mature.
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3 | The provisions of this amendatory Act of 1985 shall be | ||||||
4 | cumulative and in
addition to any powers or authority granted | ||||||
5 | in any other laws of the State,
and shall not be deemed to have | ||||||
6 | repealed any provisions of existing laws.
This amendatory Act | ||||||
7 | of 1985 shall be construed as a grant of power to public
| ||||||
8 | corporations and shall not act as a limitation upon any sale of | ||||||
9 | bonds
authorized pursuant to any other law. This amendatory Act | ||||||
10 | of 1985 shall
not be construed as a limit upon any home rule | ||||||
11 | unit of government.
| ||||||
12 | (Source: P.A. 86-1017; 87-854.)
| ||||||
13 | (70 ILCS 5/22.1 new) | ||||||
14 | Sec. 22.1. Establishment of a Rail Authority. | ||||||
15 | (a) The Board of Commissioners of an airport authority in | ||||||
16 | Winnebago County may, by resolution, establish a Rail Authority | ||||||
17 | as provided in Sections 22.1 through 22.7 of this Act. A | ||||||
18 | certified copy of that resolution shall be filed with the | ||||||
19 | Secretary of State of Illinois. The Board of Commissioners of | ||||||
20 | the airport authority shall not have the power to abolish such | ||||||
21 | a Rail Authority. | ||||||
22 | (b) A Rail Authority established pursuant to this Section | ||||||
23 | shall be a body politic and corporate and a public corporation. | ||||||
24 | (c) A Rail Authority shall be governed by a Board of | ||||||
25 | Directors. Except as provided in paragraph (d) of this Section, |
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1 | the Board of Directors shall consist of the members of the | ||||||
2 | Board of Commissioners of the airport authority that | ||||||
3 | establishes the Rail Authority. The Board of Directors of the | ||||||
4 | Rail Authority shall establish by-laws and procedures for their | ||||||
5 | actions and may elect such officers of the Rail Authority and | ||||||
6 | its Board of Directors as they shall determine, who shall serve | ||||||
7 | terms as set by the by-laws of the Rail Authority, not to | ||||||
8 | exceed 5 years. | ||||||
9 | (d) The composition of the Board of Directors of the Rail | ||||||
10 | Authority may be increased from time to time to include members | ||||||
11 | appointed by the Chairman or President of the County Board of | ||||||
12 | any county that has members on the Board of Directors, all as | ||||||
13 | shall be agreed by the Board of Directors of the Rail | ||||||
14 | Authority, the chairman of the county board of the county in | ||||||
15 | which the establishing airport authority is located, and the | ||||||
16 | county board of the county for which members shall be added; | ||||||
17 | upon such agreement providing for financial contribution to the | ||||||
18 | Rail Authority by the county for which members are added. | ||||||
19 | (e) All non-procedural actions of the Board of Directors of | ||||||
20 | the Rail Authority shall require the concurrence of the | ||||||
21 | majority of members of the Board of Directors. Members of the | ||||||
22 | Board of Directors shall serve for terms as provided in the | ||||||
23 | by-laws of the Rail Authority not to exceed 5 years, and until | ||||||
24 | their successors are appointed and qualified. | ||||||
25 | (f) There shall be no prohibitions on members of the Board | ||||||
26 | of Directors of the Rail Authority holding any other |
| |||||||
| |||||||
1 | governmental office or position. | ||||||
2 | (70 ILCS 5/22.2 new) | ||||||
3 | Sec. 22.2. Provision of rail and related transportation | ||||||
4 | services. The Rail Authority shall also have the power to | ||||||
5 | provide non-rail transportation services within the Counties, | ||||||
6 | which may consist of shuttle bus service to or from an airport, | ||||||
7 | needed storage facilities, and facilities to load, unload, or | ||||||
8 | transfer freight from one mode of transportation to another | ||||||
9 | such mode related to rail or highway transportation and any | ||||||
10 | needed access roads for that service, as the Board of Directors | ||||||
11 | shall determine are appropriate to advance economic | ||||||
12 | development in the Counties. All property or facilities | ||||||
13 | necessary or useful for such related transportation or economic | ||||||
14 | development services are referred to in this Act as "related | ||||||
15 | facilities". The Authority, in providing rail related | ||||||
16 | facilities, may not operate or perform as a rail carrier. | ||||||
17 | (70 ILCS 5/22.3 new) | ||||||
18 | Sec. 22.3. Further powers of the Rail Authority. | ||||||
19 | (a) Except as otherwise limited by this Act, the Rail | ||||||
20 | Authority shall have all powers to meet its responsibilities | ||||||
21 | and to carry out its purposes, including, but not limited to, | ||||||
22 | the following powers: | ||||||
23 | (i) To sue and be sued. | ||||||
24 | (ii) To invest any funds or any moneys not required for |
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1 | immediate use or disbursement, as provided in the Public | ||||||
2 | Funds Investment Act. | ||||||
3 | (iii) To make, amend, and repeal by-laws, rules and | ||||||
4 | regulations, and resolutions not inconsistent with | ||||||
5 | Sections 22.1 through 22.7 of this Act. | ||||||
6 | (iv) To set and collect fares or other charges for the | ||||||
7 | use of rail or other facilities of the Rail Authority. | ||||||
8 | (v) To conduct or contract for studies as to the | ||||||
9 | feasibility and costs of providing any particular service | ||||||
10 | as authorized by this Act. | ||||||
11 | (vi) To publicize services of the Authority and to | ||||||
12 | enter into cooperative agreements with non-rail | ||||||
13 | transportation service providers, including airport | ||||||
14 | operations. | ||||||
15 | (vii) To hold, sell, sell by installment contract, | ||||||
16 | lease as lessor, transfer, or dispose of such real or | ||||||
17 | personal property of the Rail Authority, including rail | ||||||
18 | facilities or related facilities, as the Board of Directors | ||||||
19 | deems appropriate in the exercise of its powers and to | ||||||
20 | mortgage, pledge, or otherwise grant security interests in | ||||||
21 | any such property. | ||||||
22 | (viii) To enter at reasonable times upon such lands, | ||||||
23 | waters, or premises as, in the judgment of the Board of | ||||||
24 | Directors of the Rail Authority, may be necessary, | ||||||
25 | convenient, or desirable for the purpose of making surveys, | ||||||
26 | soundings, borings, and examinations to accomplish any |
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1 | purpose authorized by Sections 22.1 through 22.7 of this | ||||||
2 | Act after having given reasonable notice of such proposed | ||||||
3 | entry to the owners and occupants of such lands, waters, or | ||||||
4 | premises, the Rail Authority being liable only for actual | ||||||
5 | damage caused by such activity. | ||||||
6 | (ix) To enter into contracts of group insurance for the | ||||||
7 | benefit of its employees and to provide for retirement or | ||||||
8 | pensions or other employee benefit arrangements for such | ||||||
9 | employees, and to assume obligations for pensions or other | ||||||
10 | employee benefit arrangements for employees of | ||||||
11 | transportation agencies, all or part of the facilities of | ||||||
12 | which are acquired by the Rail Authority. | ||||||
13 | (x) To provide for the insurance of any property, | ||||||
14 | directors, officers, employees, or operations of the Rail | ||||||
15 | Authority against any risk or hazard, and to self-insure or | ||||||
16 | participate in joint self-insurance pools or entities to | ||||||
17 | insure against such risk or hazard. | ||||||
18 | (xi) To pass all resolutions and make all rules and | ||||||
19 | regulations proper or necessary to regulate the use, | ||||||
20 | operation, and maintenance of the property and facilities | ||||||
21 | of the Rail Authority and, by resolution, to prescribe | ||||||
22 | fines or penalties for violations of those rules and | ||||||
23 | regulations. No fine or penalty shall exceed $1,000 per | ||||||
24 | offense. Any resolution providing for any fine or penalty | ||||||
25 | shall be published in a newspaper of general circulation in | ||||||
26 | the metropolitan region. No such resolution shall take |
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1 | effect until 10 days after its publication. | ||||||
2 | (xii) To enter into arbitration arrangements, which | ||||||
3 | may be final and binding. | ||||||
4 | (xiii) To make and execute all contracts and other | ||||||
5 | instruments necessary or convenient to the exercise of its | ||||||
6 | powers. | ||||||
7 | (b) In each case in which this Act gives the Rail Authority | ||||||
8 | the power to construct or acquire rail facilities or related | ||||||
9 | facilities or any other real or personal property, the Rail | ||||||
10 | Authority shall have the power to acquire such property by | ||||||
11 | contract, purchase, gift, grant, exchange for other property or | ||||||
12 | rights in property, lease (or sublease), or installment or | ||||||
13 | conditional purchase contracts, which leases or contracts may | ||||||
14 | provide for consideration to be paid in installments during a | ||||||
15 | period not exceeding 40 years, and to dispose of such property | ||||||
16 | or rights by lease or sale as the Board of Directors shall | ||||||
17 | determine. Property may be acquired subject to such conditions, | ||||||
18 | restrictions, liens, or security or other interests of other | ||||||
19 | parties as the Board of Directors may deem appropriate, and in | ||||||
20 | each case the Rail Authority may acquire a joint, leasehold, | ||||||
21 | easement, license, or other partial interest in such property. | ||||||
22 | Any such acquisition may provide for the assumption of, or | ||||||
23 | agreement to pay, perform, or discharge outstanding or | ||||||
24 | continuing duties, obligations, or liabilities of the seller, | ||||||
25 | lessor, donor, or other transferor of or of the trustee with | ||||||
26 | regard to such property. In connection with the acquisition of |
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1 | Rail Facilities or Related Facilities, including, but not | ||||||
2 | limited to, vehicles, buses, or rapid transit equipment, the | ||||||
3 | Rail Authority may also execute agreements concerning such | ||||||
4 | equipment leases, equipment trust certificates, conditional | ||||||
5 | purchase agreements, and such other security agreements and may | ||||||
6 | make such agreements and covenants as required, in the form | ||||||
7 | customarily used in such cases appropriate to effect such | ||||||
8 | acquisition. The Rail Authority may not acquire property by | ||||||
9 | eminent domain. | ||||||
10 | (70 ILCS 5/22.4 new) | ||||||
11 | Sec. 22.4. Bonds and notes. | ||||||
12 | (a) The Rail Authority shall have the power to borrow money | ||||||
13 | and to issue its negotiable bonds or notes as provided in this | ||||||
14 | Section. Unless otherwise indicated in this Section, the term | ||||||
15 | "notes" also includes bond anticipation notes, which are notes | ||||||
16 | that by their terms provide for their payment from the proceeds | ||||||
17 | of bonds subsequently to be issued. Bonds or notes of the Rail | ||||||
18 | Authority may be issued for any or all of the following | ||||||
19 | purposes: to pay costs to the Rail Authority of constructing or | ||||||
20 | acquiring any rail facilities or related facilities, to pay | ||||||
21 | interest on bonds or notes during any period of construction or | ||||||
22 | acquisition of rail facilities or related facilities, to | ||||||
23 | establish a debt service reserve fund, to pay costs of issuance | ||||||
24 | of the bonds or notes, and to refund its bonds or notes. | ||||||
25 | (b) The issuance of any bonds or notes shall be authorized |
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1 | by a resolution of the Board of Directors of the Rail | ||||||
2 | Authority. The resolution providing for the issuance of any | ||||||
3 | such bonds or notes shall fix their date or dates of maturity, | ||||||
4 | the dates on which interest is payable, any sinking fund | ||||||
5 | account or reserve fund account provisions, and all other | ||||||
6 | details of the bonds or notes and may provide for such | ||||||
7 | covenants or agreements necessary or desirable with regard to | ||||||
8 | the issue, sale, and security of the bonds or notes. The rate | ||||||
9 | or rates of interest on the bonds or notes may be fixed or | ||||||
10 | variable and the Rail Authority shall determine or provide for | ||||||
11 | the determination of the rate or rates of interest of its bonds | ||||||
12 | or notes issued under this Act in a resolution adopted prior to | ||||||
13 | their issuance, none of which rates of interest shall exceed | ||||||
14 | that permitted in the Bond Authorization Act. Bonds and notes | ||||||
15 | issued under this Section may be issued as serial or term | ||||||
16 | obligations, shall be of such denomination or denominations and | ||||||
17 | form, shall be executed in such manner, shall be payable at | ||||||
18 | such place or places and bear such date as the Rail Authority | ||||||
19 | shall fix by the resolution authorizing such bonds or notes and | ||||||
20 | shall mature at such time or times, within a period not to | ||||||
21 | exceed 40 years from their date of issue, and may be redeemable | ||||||
22 | prior to maturity, with or without premium, at the option of | ||||||
23 | the Rail Authority, upon such terms and conditions as the Rail | ||||||
24 | Authority shall fix by the resolution authorizing the issuance | ||||||
25 | of the bonds or notes. In case any officer whose signature | ||||||
26 | appears on any bonds or notes authorized pursuant to this |
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1 | Section shall cease to be an officer before delivery of such | ||||||
2 | bonds or notes, the signature shall nevertheless be valid and | ||||||
3 | sufficient for all purposes, the same as if the officer had | ||||||
4 | remained in office until the delivery. | ||||||
5 | (c) Bonds or notes of the Rail Authority issued pursuant to | ||||||
6 | this Section shall have a claim for payment as to principal and | ||||||
7 | interest from such sources as provided by the resolution | ||||||
8 | authorizing such bonds or notes. Such bonds or notes shall be | ||||||
9 | secured as provided in the authorizing resolution of the Board | ||||||
10 | of Directors of the Rail Authority, which may, notwithstanding | ||||||
11 | any other provision of this Act, include in addition to any | ||||||
12 | other security, a specific pledge or assignment of and lien on | ||||||
13 | or security interest in any or all receipts of the Rail | ||||||
14 | Authority and on any or all other revenues or money of the Rail | ||||||
15 | Authority from whatever source, which may by law be utilized | ||||||
16 | for debt service purposes, as well as any funds or accounts | ||||||
17 | established or provided for the payment of such debt service, | ||||||
18 | by the resolution of the Rail Authority authorizing the | ||||||
19 | issuance of the bonds or notes. Any such pledge, assignment, | ||||||
20 | lien, or security interest for the benefit of holders of bonds | ||||||
21 | or notes of the Rail Authority shall be valid and binding from | ||||||
22 | the time the bonds or notes are issued without any physical | ||||||
23 | delivery or further act and shall be valid and binding as | ||||||
24 | against and prior to the claims of all other parties having | ||||||
25 | claims of any kind against the Rail Authority or any other | ||||||
26 | person irrespective of whether such other parties have notice |
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1 | of such pledge, assignment, lien, or security interest. The | ||||||
2 | resolution of the Board of Directors of the Rail Authority | ||||||
3 | authorizing the issuance of any bonds or notes may provide | ||||||
4 | additional security for such bonds or notes by providing for | ||||||
5 | appointment of a corporate trustee (which may be any trust | ||||||
6 | company or bank having the powers of a trust company within | ||||||
7 | Illinois) with respect to the bonds or notes. The resolution | ||||||
8 | shall prescribe the rights, duties, and powers of the trustee | ||||||
9 | to be exercised for the benefit of the Rail Authority and the | ||||||
10 | protection of the owners of such bonds or notes. The resolution | ||||||
11 | may provide for the trustee to hold in trust, invest, and use | ||||||
12 | amounts in funds and accounts created as provided by the | ||||||
13 | resolution with respect to the bonds or notes. | ||||||
14 | (70 ILCS 5/22.6 new) | ||||||
15 | Sec. 22.6. Exemption from taxation. The Rail Authority and | ||||||
16 | the Rail Corporation shall be exempt from all State and unit of | ||||||
17 | local government taxes and registration and license fees. All | ||||||
18 | property of the Rail Authority or of the Rail Corporation shall | ||||||
19 | be public property devoted to an essential public and | ||||||
20 | governmental function and purpose and shall be exempt from all | ||||||
21 | taxes and special assessments of the State, any subdivision of | ||||||
22 | the State, or any unit of local government. | ||||||
23 | (70 ILCS 5/22.7 new) | ||||||
24 | Sec. 22.7. Federal, State, and other funds. The Rail |
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| |||||||
1 | Authority shall have the power to apply for, receive, and | ||||||
2 | expend grants, loans, or other funds from the State of Illinois | ||||||
3 | or any of its departments or agencies, from any unit of local | ||||||
4 | government, or from the federal government or any of its | ||||||
5 | departments or agencies, for use in connection with any of the | ||||||
6 | powers or purposes of the Rail Authority as set forth in this | ||||||
7 | Act, and to enter into agreements with the lending or granting | ||||||
8 | agency in connection with any such loan or grant.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |