HB1596 95TH GENERAL ASSEMBLY

LRB095 10407 RCE 30622 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1596

Introduced 2/22/2007, by Rep. Wyvetter H. Younge

SYNOPSIS AS INTRODUCED:

New Act

Re-enacts certain provisions of the East St. Louis Area Development Act as the East St. Louis Area Development Act of 2007. Provides that the East St. Louis Area Development Authority shall exercise authority over the zone regarding specified matters. Provides for operation of the zone. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to East St. Louis Area economic development.

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

Section 1. Short title. This Act may be cited as the East St. Louis Area Development Act of 2007.

Section 2. The General Assembly finds that there has been a dramatic decrease in the population of depressed areas in East St. Louis and that blight, deterioration and decay have resulted in (a) inefficient and wasteful use of land resources; (b) destruction of irreplaceable natural, industrial, recreational, housing and commercial resources; (c) diminished opportunity for the private home building industry to operate at its highest potential capacity in providing good housing needed for those who now live in depressed areas and those expected to move to depressed areas in the future, and to replace substandard housing; (d) the need for costly and effective public facilities and services at all levels; (e) unduly limited options for many depressed areas residents as to where they may live, and the types of housing and environment in which they may live; (f) a failure to make the most economical use of the land available for development in depressed areas; (g) decreasing employment and business opportunities for the citizens of depressed areas, and the inability of depressed areas to retain a tax base adequate to support vital services for all our citizens, particularly our poor and disadvantaged; and (h) the decreased effectiveness of public and private facilities for urban transportation.

Section 2.01. The General Assembly finds that better patterns of development and revitalization in the East St. Louis depressed areas are essential to accommodate future population growth; to prevent further deterioration of the city and the people's physical and social environment; and to make a positive contribution to improving the overall quality of life in the East St. Louis depressed areas of Illinois. The General Assembly finds that the health, welfare, morals and safety of its citizens require the encouragement of well planned, diversified and economically sound community development, including major additions to existing areas of depression. The General Assembly finds that desirable community development on a significantly large scale has been prevented by difficulties in (a) obtaining adequate financing at moderate cost for enterprises which involve large initial capital investment, extensive periods before investment can be returned, and regular patterns of return; (b) the timely assembly of sufficiently large sites in economically favorable locations at reasonable costs; and (c) making necessary arrangements among all private and public organizations involved, for providing site and related improvements (including streets, sewer and water facilities, and other public and community facilities) in a timely and coordinated manner.

Section 3. The following terms specified in Sections 3.01 through 3.08, whenever used or referred to in this Act, shall have the meanings ascribed to them in those Sections, except in those instances where the context clearly indicates otherwise.

Section 3.01. "Authority" means the East St. Louis Area Development Authority created by this Act.

Section 3.02. "Project" means any utility, structure, facility or other undertaking which will implement a defined, organized, planned and scheduled, diversified, economically and technologically sound, quality community environment, which the authority is authorized to construct, reconstruct, improve, equip or furnish under this Act. "Project" will include, but is not limited to: buildings and other facilities intended for use as classrooms, laboratories, student residence halls, instructional and administrative facilities for students, faculty, officers and employees, and motor vehicle parking facilities and fixed equipment, and industrial or manufacturing plants or facilities, any industrial park, any commercial facilities, the construction or improvement of streets, sidewalks, and sewer and water facilities, the construction of schools, parks, playgrounds, community and municipal buildings and the implementation of new community development programs. "Project" further means apartments, housing facilities, health, hospital and medical facilities, stadiums, physical education installations, hotels, motels, dormitories, New Town Programs, aquariums, museums, convention centers, planetariums, civic buildings, nursing homes, harbors, and terminal facilities. Nothing in this Act shall be construed to authorize the financing for or the construction of plants, projects or facilities for (1) the manufacture or generation of electric energy in competition with an electric supplier as defined in the Electric Supplier Act or (2) the transmission, distribution or manufacture of gas in competition with a public utility as defined in "An Act concerning public utilities", approved June 29, 1921, as amended.

Section 3.03. "Land development" means the process of clearing and grading land, making, installing, or constructing water lines and water supply installations, sewer lines and sewage disposal installations, steam, gas, and electrical plants and installations, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or work, whether on or off the site, which the Authority deems necessary or desirable to prepare land for residential, commercial, industrial, or other uses, or in providing facilities for public or other facilities.

"Land development" further means to construct, acquire by gift or purchase, reconstruct, improve, better or extend any project within or without the municipality or partially within the municipality, but in no event farther than 3 miles from the territorial boundaries of such municipality, and to acquire by gift or purchase lands or rights in land in connection therewith.

Section 3.04. "Blighted area" means any area of not less, in the aggregate, than 2 acres located within the territorial limits of the East St. Louis depressed areas where industrial, commercial, recreational, residential, or any other buildings or improvements, because of age, dilapidation, obsolescence, overcrowding, lack of ventilation, light, sanitary facilities, adequate utilities, or excessive land coverage, deleterious land use or layout or any combination of these factors, are detrimental to the public safety, health, morals or welfare.

Section 3.05. "Redevelopment plan" means the comprehensive process for the clearing or rehabilitation and physical development of a commercial, residential, industrial or recreational blighted area, and necessary for the elimination or rehabilitation of a residential, commercial, or industrially blighted area and the protection of adjacent areas, and all administrative, funding and financial details and proposals necessary to effectuate the plan, including but not limited to a new community development program.

Section 3.06. "Redevelopment area" means the blighted area of not less in the aggregate than 2 acres, to be developed in accordance with the redevelopment plan.

Section 3.07. "East St. Louis Depressed Areas" means the territorial areas of East St. Louis, Alorton, Venice, Centreville, Washington Park, and Brooklyn, Illinois.

Section 3.08. "Depressed Areas" means the areas of East St. Louis, Alorton, Venice, Centreville, Washington Park, and Brooklyn, Illinois.

Section 4. There is created an East St. Louis Area Development Authority within the State of Illinois. The Authority shall: (a) act as Public Developer in carrying out community development programs in and for the East St. Louis depressed areas of the State of Illinois; (b) make available adequate management, administrative and technical, financial, and other assistance necessary for encouraging the defined, organized, planned and scheduled, diversified, economically and technologically sound, quality community environment in depressed areas, and to do so through the use of management task force procedures which will rely to the maximum extent on private enterprise; (c) strengthen the capacity of the State and Federal governments to make their resources available to the people of East St. Louis depressed areas; (d) increase for all persons living in depressed areas the available choices of locations for living and working, thereby providing a more just economic and social environment; (e) encourage the fullest utilization of the economic potential of supply of residential, commercial and industrial building sites at reasonable costs; (f) utilize improved technology in producing the large volume of well-designed housing needed to accommodate the people of depressed areas; (g) help create neighborhoods designed for easier access between the places where people live and the place where they work and find recreation; (h) encourage desirable innovations in meeting domestic problems whether physical, economical or social; and (i) assist, plan, develop, build and construct any facility or project to enhance the community environment and technological management when requested to do so by any State, county or federal agency, school district, community college, municipality, municipal corporation, special district, authority, local or State public body, commission, public corporation or entity within the East St. Louis depressed area.

Section 5. The Authority shall consist of 10 members, including as members the Director of the Department of Commerce and Economic Opportunity or his designee, the Director of the Illinois Housing Development Authority or his designee, the Executive Director of the Illinois Development Finance Authority or his designee, and the mayors of East St. Louis, Centreville, Venice, Brooklyn, Washington Park, and Alorton or their respective designees. The other member of the Authority shall be appointed by the Governor, by and with the advice and consent of the Senate. One member of the authority shall be designated as chairman by the members of the Authority.

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

Section 6. Members of the Authority shall serve without compensation but shall be reimbursed for their reasonable expenses necessarily incurred in the performance of their duties and the exercise of their powers under this Act. Each member shall before entering upon the duties of his office, take and subscribe to the constitutional oath of office. The oath shall be filed in the office of the Secretary of State.

Section 7. The Authority shall meet at such times and places as is provided for by the Authority or, in the absence of such a provision, on call of the chairman after at least 5 days' written notice to the members or the request of 2 or more members. Six members shall constitute a quorum. No vacancy in the membership shall impair the right of a quorum of the members to exercise all of the rights and powers, and to perform all of the duties, of the Authority.

Section 8. The Authority may employ and fix the compensation of an executive director, to serve as the chief executive officer of the Authority, and such other agents or employees as it considers necessary or desirable. Such employment other than of technical or engineering personnel shall be subject to the Personnel Code. If any employees are transferred to the Authority from any other State agency, such a transfer shall not affect the status of such employees under the Personnel Code, under any retirement system under the Illinois Pension Code, or under any civil service, merit service or other law relating to State employment.

Section 9. The Authority has the following rights, powers and duties specified in Sections 9.01 through 9.25.

Section 9.01. To sue and be sued, implead and be impleaded, complain and defend in all courts.

Section 9.02. To make regulations for the management and regulation of its affairs.

Section 9.03. To acquire by purchase or gift, and hold or dispose of real or personal property, or rights or interests therein.

Section 9.04. To accept loans or grants of money or materials or property of any kind from a Federal or State agency or department or others, upon such terms and conditions as may be imposed.

Section 9.05. To borrow money to implement any project, or any combination of projects.

Section 9.06. To recommend the issuance of revenue bonds to implement any project or combination of projects.

Section 9.07. To make contracts and leases and exercise all instruments and perform all acts and do all things necessary or convenient to carry out the powers granted in this Act.

Section 9.08. To develop and recommend to the municipalities in the East St. Louis depressed areas a long range comprehensive master redevelopment plan for community growth and development of depressed areas including assisting in the preparation of new town applications to the Department of Housing and Urban Development.

Section 9.09. To collect, analyze and evaluate such statistics, data and other information (including demographic, economic, social, environmental and governmental information) as will enable the Authority to transmit to the corporate authorities within the East St. Louis depressed areas, at the beginning of each year, a required report on the growth of depressed areas for the year passed. Such report shall include, but not be limited to:

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

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

(c) An evaluation of the progress and effectiveness of Federal, State, and local programs designed to meet such problems and development and to carry out the depressed areas urban growth policies;

(d) An assessment of the policies and structures of existing and proposed interstate and regional planning and development affecting such policy; and

(e) A review of State, Federal, local and private policies, plans and programs relevant to such policy.

Section 9.10. To lease or rent any of the housing or other accommodations or any of the lands, buildings, structures or facilities in which the Authority holds fee simple or lesser interest, and to otherwise sell, exchange, transfer, or assign, any property, real or personal or any interest therein, and to own, hold, clear and improve property.

Section 9.11. To acquire by purchase, gift or otherwise as provided in this Act the fee simple or lesser title to all or any part of the real property in any redevelopment area.

Section 9.12. To renovate or rehabilitate any structure or building acquired, or if any structure or building or the land supporting it has been acquired, to permit the owner to renovate or rebuild the structure or building in accordance with a redevelopment plan.

Section 9.13. To install, repair, construct, reconstruct or relocate streets, roads, alleys, sidewalks, utilities and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan.

Section 9.14. To mortgage or convey real or personal property acquired for use in accordance with a redevelopment plan.

Section 9.15. To borrow money, apply for and accept advances, loans, gifts, grants, contributions, services or other financial assistance from the federal government or any agency or instrumentality thereof, the State, county, municipality or other public body or from any source, public or private, for or in aid of any of the purposes of the redevelopment plan, and to secure the payment of any loans or advances by the issuance of revenue bonds and by the pledge of any loan, grant or contribution, or parts thereof, or the contracts therefore, to be received from the federal government or any agency or instrumentality thereof, and to enter into and carry out contracts in connection therewith.

Section 9.16. To create parks, playgrounds, recreational community education, water, sewer or drainage facilities, or any other work which it is otherwise empowered to undertake, adjacent to or in connection with housing projects.

Section 9.17. To dedicate, sell, convey or lease any of its interests in any property, or grant easements, licenses or other rights or privileges therein to a public housing development body or the Federal or State governments.

Section 9.18. To exercise all powers available to land clearance commissions under the "Blighted Areas Redevelopment Act of 1947", as now or hereafter amended, and to initiate and implement slum and blighted areas redevelopment projects. However, the Authority shall not exercise eminent domain powers pursuant to the "Blighted Areas Redevelopment Act of 1947", and with reference to the exercise of eminent domain authority, this Act shall control.

Section 9.19. To develop a comprehensive redevelopment plan for each neighborhood in depressed areas.

Section 9.20. To hold public hearings on redevelopment plans.

Section 9.21. To fix, alter, charge and collect fees, rentals and other charges for the use of the facilities of or for the services rendered by the Authority, or projects thereof, at rates to be determined by agreement or otherwise, for the purpose of providing for the expenses of the Authority, the construction, improvement, repair, equipping, and furnishing of its facilities and properties, the payment of the principal and interest on its obligations and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations. Such fees, rentals and other charges shall include charges for interest due bond holders on all outstanding construction and improvement, and engineering and administration costs not reimbursed to the Authority; and shall include charges to reimburse completely the Authority beginning in an appropriate year for the principal on such bonds within a period of years specified by the Authority to meet its bond payment schedules.

Section 9.22. (a) To borrow money pursuant to a revenue bond ordinance or resolution passed by the Authority within 4 years of the effective date of this Act, for the acquisition, construction and improvement of projects in such amounts as necessary for defraying the cost of such projects and to secure the payment of all or any of its revenues, rentals and receipts, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any bonds whether issued or to be issued, as the Authority shall deem advisable and in general, to provide for the security of such bonds and the rights of the holders thereof.

(b) However no bonds may be issued by the Authority unless the Authority offers, in writing, to the agencies or municipalities represented by directors on the Authority, excluding the director appointed by the Governor, the first opportunity to issue revenue bonds for the project or combination of projects. If the offer to issue bonds is not accepted in writing, within 6 weeks, by any such agency or municipality, the Authority may issue revenue bonds for the purpose for which the bonding opportunity was offered to the agencies or municipalities.

Section 9.23. To provide that any real property sold by the Authority is used in accordance with the final redevelopment plan, and the Authority shall inquire into and satisfy themselves concerning the financial ability of the purchaser to complete the redevelopment in accordance with the redevelopment plan and shall require the purchaser to execute in writing such undertakings as the Authority may deem necessary to obligate the purchaser to:

(a) Use the land for the purposes designated in the approved plan,

(b) Commence and complete the building of the improvements within the periods of time which the Authority fixes as reasonable, and

(c) Comply with such other conditions as are necessary to carry out the purposes of the final redevelopment plan.

Section 9.24. To sell any property within a redevelopment area in which the Authority holds the fee simple title or any lesser interest, provided that all real property shall be sold for at least its use value, which may be less than its acquisition cost.

Section 9.25. Pursuant to appropriations, to direct disbursements from the "Depressed Areas Land Use and Community Development Fund" for the purposes of this Act.

Section 10. The Authority may by resolution provide for an initial study and survey to determine if a depressed area contains any commercially, industrially, residentially, recreationally or other blighted areas.

(a) In making the survey and study the Authority board shall:

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

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

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

(4) Formulate a proposed redevelopment plan for the East St. Louis blighted area, provided that such plan has received the approval and recommendations of a 2/3 majority vote of the members.

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

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

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

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

(d) At the conclusion of the hearing on blight the Authority shall formulate and publish a final redevelopment plan for the blighted area after approval of a 2/3 majority vote of the members of the Advisory Committee, which plan may incorporate any exhibit, plan, proposal, feature, model or testimony resulting from the hearing. The final redevelopment plan shall be presented to the corporate authorities in the territory covered by the redevelopment plan. The final redevelopment plan shall be made available for inspection by all interested parties.

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

Section 11. The Authority is authorized and empowered to incur indebtedness and issue revenue bonds in compliance with subsection (b) of Section 9.22 for the purpose of raising funds for carrying out the provisions of a final redevelopment plan providing for the eradication and elimination of blight and acquisition, development or redevelopment of blight areas and any other area which may constitute a redevelopment area within the depressed area. The resolution of the Authority authorizing the issuance of revenue bonds shall specify the total amount of the bonds to be issued, the form and denomination, the date or dates of maturity which shall not be later than 20 years after the date of issuance, and the rate of interest, which rate shall not exceed the rate permitted in "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended. The bonds shall be executed by such officials as may be provided by the bond ordinance. The bonds may be made registerable to principal and may be made callable on any interest payment date at par and accrued interest after notice has been given in the manner provided by the bond ordinance. The bonds shall remain valid even though one or more of the officials executing the bonds cease to hold office before the bonds are delivered.

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

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

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

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

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

Section 12. Before any proposed new construction of a specific project or proposed rehabilitation project is commenced by the Authority a public hearing must be held by the Authority affording interested persons residing in the area an opportunity to be heard. There shall be a notice of the time and place of the hearing published at least once, not more than 30 and not less than 15 days before the hearing, in one or more newspapers published in the municipalities located within the area of the project. This notice shall contain the particular site and location to be affected as well as a brief statement of what is proposed in the project.

Section 13. Any deed executed by the Authority under this Act may contain such restrictions as may be required by the final redevelopment plan and necessary building and zoning ordinances. All such deeds of conveyance shall be executed in the name of the Authority and the seal of the Authority shall be attached to the deeds.

Section 14. The Authority may let contracts for the demolition or removal of buildings and for the removal of any debris. The Authority shall advertise for sealed bids for doing such work. The advertisement shall describe by street number or other means of identification the location of buildings to be demolished or removed and the time and place when sealed bids for the work may be delivered to the Authority. The advertisement shall be published once in a newspaper having a general circulation in the respective area 20 days prior to the date for receiving bids.

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

Section 15. In carrying out the provisions of a final redevelopment plan, the Authority may pave and improve streets in the redevelopment area, construct walks and install or relocate sewers, water pipes and other similar facilities. The Authority shall advertise for sealed bids for doing such work. The advertisement shall describe the nature of the work to be performed and the time when and place where sealed bids for the work may be delivered to the Authority. The advertisement shall be published once in a newspaper having a general circulation in the municipality at least 20 days prior to the date for receiving bids. A contract for doing the work shall be let to the lowest responsible bidder, but the Authority may reject any and all bids received and readvertise for bids. The contractor shall enter into bond as a condition for the faithful performance of the contract. The sureties on such bond shall be approved by the Authority.

Section 16. When the Authority has acquired title to, and possession of any or all real property in the redevelopment area, they may convey any part of the redevelopment area to which the Authority holds the fee simple title or any lesser interest to any public body or State chartered corporation having jurisdiction over schools, parks, low or moderate housing, or playgrounds in the area. The property so conveyed shall be used for parks, playgrounds, schools, housing for low or moderate income families, and other public purposes as the Authority may determine. The Authority may charge for such conveyance whatever price they and the officials of the public bodies or State Chartered Corporations receiving the land may agree upon. The Authority may also grant with or without charge, easements for public utilities, sewerage and other similar facilities.

Section 17. For the purposes of this Act, the terms "cost of the construction" of any project includes the following:

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

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

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

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

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

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

Section 18. The Authority may pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.

Section 19. The Authority may construct, acquire by gift or purchase, reconstruct, improve, better or extend any project within or without the municipality or partially within or without the municipality, but in no event farther than 3 miles from the territorial boundaries of such municipality, and acquire by gift or purchase lands or rights in land in connection therewith.

Section 20. The Authority shall have no power at any time or in any manner to pledge the credit or taxing power of the State of Illinois, or a municipality or corporate authority or any other unit of local government nor shall any of its obligations be considered obligations of the State of Illinois, or any other unit of government.

Section 21. Within 60 days after the end of each fiscal year, the Authority shall cause to be prepared by a certified public accountant a complete and detailed report and financial statement of the operation and assets and liabilities of the Authority. A sufficient number of copies of such report shall be prepared for distribution to persons interested, upon request, and a copy thereof shall be filed with the Governor and the General Assembly.

Section 22. The Authority may investigate conditions in any project in which it has an interest. In the conduct of such investigations the Authority may hold public hearings on its own motion, and shall do so on complaint or petition of any person. Each member of the Authority shall have power to administer oaths, and the secretary, by order of the Authority, shall issue subpoenas to secure the attendance and testimony of witnesses, and the production of books and papers, before the Authority or before any member thereof or any officer or committee appointed by the Authority.

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

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

Section 23. The Authority has the power to pass all resolutions and make all rules and regulations proper and necessary to give effect to the power granted the Authority under this Act.

Section 24. All final administrative decisions of the Authority shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Administrative Review Law.

Section 25. The powers contained in this Act shall not be exercised by the Authority:

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

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

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