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Sen. Antonio Muņoz
Filed: 3/8/2016
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1 | | AMENDMENT TO SENATE BILL 383
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2 | | AMENDMENT NO. ______. Amend Senate Bill 383 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Metropolitan Pier and Exposition Authority |
5 | | Act is amended by changing Sections 2 and 13 as follows: |
6 | | (70 ILCS 210/2) (from Ch. 85, par. 1222) |
7 | | Sec. 2. When used in this Act: |
8 | | "Authority" means Metropolitan Pier and Exposition |
9 | | Authority. |
10 | | "Governmental agency" means the Federal government, State
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11 | | government, and any unit of local government, and any agency
or |
12 | | instrumentality, corporate or otherwise, thereof. |
13 | | "Person" means any individual, firm, partnership, |
14 | | corporation, both
domestic and foreign, company, association |
15 | | or joint stock association; and
includes any trustee, receiver, |
16 | | assignee or personal representative
thereof. |
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1 | | "Board" means the governing body of the Metropolitan
Pier |
2 | | and Exposition Authority or the Trustee. "Board" does include |
3 | | the interim board. |
4 | | "Governor" means the Governor of the State of Illinois. |
5 | | "Mayor" means the Mayor of the City of Chicago. |
6 | | "Metropolitan area" means all that territory in the State |
7 | | of Illinois
lying within the corporate boundaries of the County |
8 | | of
Cook. |
9 | | "Navy Pier" means the real property, structures, |
10 | | facilities and
improvements located in the City of Chicago |
11 | | commonly known as Navy Pier, as
well as property adjacent or |
12 | | appurtenant thereto which may be necessary or
convenient for |
13 | | carrying out the purposes of the Authority at that location. |
14 | | "Park District President" means the President of the Board |
15 | | of
Commissioners of the Chicago Park District. |
16 | | "Project" means the expansion of existing fair and |
17 | | exposition grounds and
facilities of the Authority by additions |
18 | | to the present facilities, by
acquisition of the land described |
19 | | below and by the addition of a structure
having a floor area of |
20 | | approximately 1,100,000 square feet, or any part
thereof, and |
21 | | such other improvements to be located on land to be acquired,
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22 | | including but not limited to all or a portion of Site A, by |
23 | | connecting
walkways or passageways between the present |
24 | | facilities and additional
structures, and by acquisition and |
25 | | improvement of Navy Pier. |
26 | | "Expansion Project" means the further expansion of the |
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1 | | grounds,
buildings, and facilities of the Authority for its |
2 | | corporate
purposes, including, but not limited to, the |
3 | | acquisition of land and
interests in land, the relocation of |
4 | | persons and businesses located on land
acquired by the |
5 | | Authority, and the construction, equipping, and operation
of |
6 | | new exhibition and convention space, meeting rooms, support |
7 | | facilities,
and facilities providing retail uses, commercial |
8 | | uses, and goods and
services for the persons attending |
9 | | conventions, meetings, exhibits, and
events at the grounds, |
10 | | buildings, and facilities of the Authority.
"Expansion |
11 | | Project" also includes improvements to land, highways, mass
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12 | | transit facilities, and infrastructure, whether or not located |
13 | | on land owned
by the Authority,
that in the determination of |
14 | | the Authority are appropriate on account of
the improvement of |
15 | | the Authority's grounds, buildings, and
facilities.
"Expansion |
16 | | Project" also includes the renovation and improvement of
the |
17 | | existing grounds, buildings, and facilities of the Authority, |
18 | | including Navy Pier. |
19 | | "State" means the State of Illinois. |
20 | | "Transportation network driver" means an individual |
21 | | affiliated with a transportation network service provider or |
22 | | with a person who is affiliated with a transportation network |
23 | | service provider to transport passengers for compensation |
24 | | using a transportation network vehicle. |
25 | | "Transportation network service" means a prearranged |
26 | | transportation service offered or provided for compensation |
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1 | | using an Internet-enabled application or digital platform to |
2 | | connect potential passengers with transportation network |
3 | | drivers. The term "transportation network service" does not |
4 | | include a "ridesharing arrangement" as that term is defined in |
5 | | Section 2 of the Ridesharing Arrangements Act. |
6 | | "Transportation network vehicle" means any vehicle used to |
7 | | provide a transportation network service. |
8 | | "Trustee" means the person serving as Trustee of the |
9 | | Authority in accordance with the provisions of this amendatory |
10 | | Act of the 96th General Assembly. |
11 | | "Site A" means the tract of land comprised of a part of the |
12 | | Illinois
Central Railroad Company right-of-way (now known as |
13 | | the "Illinois Central
Gulf Railroad") and a part of the |
14 | | submerged lands reclaimed by said
Railroad as described in the |
15 | | 1919 Lake Front Ordinance, in the Southeast
Fractional Quarter |
16 | | of Section 22, the Southwest Fractional Quarter of
Section 22 |
17 | | and the Northeast Fractional Quarter of Section 27, Township 39
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18 | | North, Range 14 East of the Third Principal Meridian, said |
19 | | tract of land
being described as follows: |
20 | | PARCEL A - NORTH AIR RIGHTS PARCEL |
21 | | All of the real property and space, at and above a |
22 | | horizontal plane at
an elevation of 33.51 feet above |
23 | | Chicago City Datum, the horizontal limits
of which are the |
24 | | planes formed by projecting vertically upward and downward
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25 | | from the surface of the Earth the boundaries of the |
26 | | following described
parcel of land: |
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1 | | Beginning on the westerly line of said Illinois Central |
2 | | Railroad Company
right-of-way at the intersection of the |
3 | | northerly line of the 23rd Street
viaduct, being a line 60 |
4 | | feet (measured perpendicularly) northerly of and
parallel |
5 | | with the centerline of the existing structure, and running |
6 | | thence
northwardly along said westerly right-of-way line, |
7 | | a distance of 1500.00 feet;
thence eastwardly along a line |
8 | | perpendicular to said westerly right-of-way
line, a |
9 | | distance of 418.419 feet; thence southwardly along an arc |
10 | | of a
circle, convex to the East, with a radius of 915.13 |
11 | | feet, a distance of
207.694 feet to a point which is |
12 | | 364.092 feet (measured perpendicularly)
easterly from said |
13 | | westerly right-of-way line and 1300.00 feet (measured
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14 | | perpendicularly) northerly of said northerly line of the |
15 | | 23rd Street
viaduct; thence continuing along an arc of a |
16 | | circle, convex to the East,
with a radius of 2008.70 feet, |
17 | | a distance of 154.214 feet to a point which
is 301.631 feet |
18 | | (measured perpendicularly) easterly from said westerly
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19 | | right-of-way line and 1159.039 feet (measured |
20 | | perpendicularly) northerly of
said northerly line of the |
21 | | 23rd Street viaduct; thence southwardly along a
straight |
22 | | line a distance of 184.018 feet to a point which is 220.680 |
23 | | feet
(measured perpendicularly) easterly from said |
24 | | westerly right-of-way line
and 993.782 feet (measured |
25 | | perpendicularly) northerly of said northerly
line of the |
26 | | 23rd Street viaduct; thence southwardly along a straight |
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1 | | line,
a distance of 66.874 feet to a point which is 220.719 |
2 | | feet (measured
perpendicularly) easterly from said |
3 | | westerly right-of-way line and 926.908
feet (measured |
4 | | perpendicularly) northerly from the northerly line of the
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5 | | 23rd Street viaduct; thence southwardly along a straight |
6 | | line, a distance of
64.946 feet to a point which is 199.589 |
7 | | feet (measured perpendicularly)
easterly from said |
8 | | westerly right-of-way line and 865.496 feet (measured
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9 | | perpendicularly) northerly from said northerly line of the |
10 | | 23rd Street
viaduct; thence southwardly along a straight |
11 | | line, a distance of 865.496
feet to a point on said |
12 | | northerly line of the 23rd Street viaduct; which
point is |
13 | | 200.088 feet easterly from said westerly right-of-way |
14 | | line, and
thence westwardly along the northerly line of |
15 | | said 23rd Street viaduct, said
distance of 200.088 feet to |
16 | | the point of beginning. |
17 | | There is reserved from the above described parcel of land a |
18 | | corridor for
railroad freight and passenger operations, |
19 | | said corridor is to be limited
in width to a distance of 10 |
20 | | feet normally distant to the left and to the
right of the |
21 | | centerline of Grantor's Northbound Freight Track, and 10 |
22 | | feet
normally distant to the left and to the right of the |
23 | | centerline of
Grantor's Southbound Freight Track, the |
24 | | uppermost limits, or roof, of the
railroad freight and |
25 | | passenger corridor shall be established at an
elevation of |
26 | | 18 feet above the existing Top of Rail of the aforesaid
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1 | | Northbound and Southbound freight trackage. |
2 | | PARCEL B - 23RD ST. AIR RIGHTS PARCEL |
3 | | All of the real property and space, at and above a |
4 | | horizontal plane which
is common with the bottom of the |
5 | | bottom flange of the E. 23rd Street
viaduct as it spans |
6 | | Grantor's operating commuter, freight and passenger
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7 | | trackage, the horizontal limits of which are the planes |
8 | | formed by
projecting vertically upward and downward from |
9 | | the surface of the Earth the
boundaries of the following |
10 | | described parcel of land: |
11 | | Beginning on the westerly line of said Illinois Central |
12 | | Railroad Company
right-of-way at the intersection of the |
13 | | northerly line of the 23rd Street
viaduct, being a line 60 |
14 | | feet (measured perpendicularly) northerly of and
parallel |
15 | | with the centerline of the existing structure, and running |
16 | | thence
eastwardly along said northerly line of the 23rd |
17 | | Street viaduct, a distance
of 200.088 feet; thence |
18 | | southwardly along a straight line, a distance of
120.00 |
19 | | feet to a point on the southerly line of said 23rd Street |
20 | | viaduct
(being the southerly line of the easement granted |
21 | | to the South Park
Commissioners dated September 25, 1922 as |
22 | | document No. 7803194), which
point is 199.773 feet easterly |
23 | | of said westerly right-of-way line; thence
westwardly |
24 | | along said southerly line of the 23rd Street
viaduct, said |
25 | | distance of 199.773 feet to the westerly right-of-way line
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26 | | and thence northwardly along said westerly right-of-way |
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1 | | line, a distance of
120.00 feet to the point of beginning. |
2 | | PARCEL C - SOUTH AIR RIGHTS PARCEL |
3 | | All of the real property and space, at and above a |
4 | | horizontal plane at an
elevation of 34.51 feet above |
5 | | Chicago City Datum, the horizontal limits of
which are the |
6 | | planes formed by projecting vertically upward and downward
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7 | | from the surface of the Earth the boundaries of the |
8 | | following described
parcel of land: |
9 | | Beginning on the westerly line of said Illinois Central |
10 | | Railroad Company
right-of-way at the intersection of the |
11 | | southerly line of the 23rd Street
viaduct, being the |
12 | | southerly line of the easement granted to the South Park
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13 | | Commissioners dated September 25, 1922 as document No. |
14 | | 7803194) and running
thence eastwardly along said South |
15 | | line of the 23rd Street viaduct, a
distance of 199.773 |
16 | | feet; thence southerly along a straight line, a
distance of |
17 | | 169.071 feet to a point which is 199.328 feet (measured
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18 | | perpendicularly) easterly from said westerly right-of-way |
19 | | line thence
southerly along a straight line, whose |
20 | | southerly terminus is a point which
is 194.66 feet |
21 | | (measured perpendicularly) easterly from said westerly
|
22 | | right-of-way line and 920.105 feet (measured a distance of |
23 | | 493.34 feet;
thence westwardly along a straight line, |
24 | | perpendicular to said westerly
right-of-way line, a |
25 | | distance of 196.263 feet to said westerly
right-of-way line |
26 | | and thence northwardly along the westerly right-of-way,
a |
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1 | | distance of 662.40 feet to the point of beginning. |
2 | | Parcels A, B and C herein above described containing |
3 | | 525,228 square feet
(12.0576 acres) of land, more or less. |
4 | | AND, |
5 | | SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55 |
6 | | A tract of land comprised of a part of the Illinois Central |
7 | | Railroad
Company right-of-way (now known as the "Illinois |
8 | | Central Gulf Railroad")
and a part of the submerged lands |
9 | | reclaimed by said Railroads as described
in the 1919 Lake |
10 | | Front Ordinance, in the Northeast Fractional Quarter and
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11 | | the Southeast Fractional Quarter of Section 27, Township 39 |
12 | | North, Range 14
East of the Third Principal Meridian, said |
13 | | tract of land being described
as follows: |
14 | | Beginning at a point on the North line of the 31st Street |
15 | | viaduct, being
a line 50.00 feet (measured |
16 | | perpendicularly) northerly of and parallel with
the South |
17 | | line of said Southeast Fractional Quarter of Section 27, |
18 | | which
point is 163.518 feet (measured along the northerly |
19 | | line of said viaduct)
easterly of the westerly line of said |
20 | | Illinois Central Railroad Company,
and running thence |
21 | | northwardly along a straight line, a distance of
1903.228 |
22 | | feet, to a point which is 156.586 feet easterly, and |
23 | | 1850.555 feet
northerly of the intersection of said |
24 | | westerly right-of-way line with the
northerly line of said |
25 | | 31st Street viaduct, as measured along said westerly
line |
26 | | and a line perpendicular thereto; thence northwardly along |
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1 | | a straight
line, a distance of 222.296 feet, to a point |
2 | | which is 148.535 feet
easterly, and 2078.705 feet northerly |
3 | | of the intersection of said westerly
right-of-way line with |
4 | | the northerly line of said 31st Street viaduct, as
measured |
5 | | along said westerly line and a line perpendicular thereto; |
6 | | thence
northwardly along a straight line, a distance of |
7 | | 488.798 feet, to a point
which is 126.789 feet easterly, |
8 | | and 2567.019 feet northerly of the
intersection of said |
9 | | westerly right-of-way line with the northerly line of
said |
10 | | 31st Street viaduct, as measured along said westerly line |
11 | | and a line
perpendicular thereto; thence northwardly along |
12 | | a straight line, a distance
of 458.564 feet, to a point |
13 | | which is 126.266 feet easterly and 3025.583
feet northerly |
14 | | of the intersection of said westerly right-of-way
line with |
15 | | the northerly line of said 31st Street viaduct, as measured |
16 | | along
said westerly line and a line perpendicular thereto; |
17 | | thence northwardly
along a straight line, a distance of |
18 | | 362.655 feet, to a point which is 143.70
feet easterly, and |
19 | | 3387.819 feet northerly of the intersection of said
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20 | | westerly right-of-way line with the northerly line of said |
21 | | 31st street
viaduct, as measured along said westerly line |
22 | | and a line perpendicular
thereto; thence northwardly along |
23 | | a straight line, whose northerly terminus
is a point which |
24 | | is 194.66 feet (measured perpendicularly) easterly from
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25 | | said westerly right-of-way line and 920.105 feet (measured |
26 | | perpendicularly)
South from the southerly line of the 23rd |
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1 | | Street viaduct (being the
southerly line of the easement |
2 | | granted to the South Park Commissioners
dated September 25, |
3 | | 1922 as document No. 7803194) a distance of 335.874
feet to |
4 | | an intersection with a northerly line of the
easement for |
5 | | the overhead structure of the Southwest Expressway System |
6 | | (as
described in Judgement Order No. 67 L 13579 in the |
7 | | Circuit Court of Cook
County), said northerly line |
8 | | extending from a point on said westerly
right-of-way line, |
9 | | 142.47 feet (measured perpendicularly) North of the
|
10 | | intersection of said line with the easterly extension of |
11 | | the North line of
East 25th Street (as shown in Walker |
12 | | Bros. Addition to Chicago, a
subdivision in the Northeast |
13 | | Fractional Quarter of Section 27 aforesaid) to
a point |
14 | | which is 215.07 feet (measured perpendicularly) North of |
15 | | said
easterly extension of the North line of E. 25th Street |
16 | | and 396.19 feet
(measured perpendicularly) westerly of the |
17 | | westerly line of Burnham Park
(as said westerly line is |
18 | | described by the City of Chicago by ordinance
passed July |
19 | | 21, 1919 and recorded on March 5, 1920 in the Office of the
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20 | | Recorder of Deeds of Cook County, Illinois as document No. |
21 | | 6753370); thence
northeastwardly along the northerly line |
22 | | of the easement aforesaid,
a distance of 36.733 feet to |
23 | | said point which is 215.07 feet (measured
perpendicularly) |
24 | | North of said easterly extension of the North line of E.
|
25 | | 25th Street and 396.19 feet (measured perpendicularly) |
26 | | westerly of said
westerly line of Burnham Park; thence |
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1 | | northeastwardly continuing along said
easement line, being |
2 | | a straight line, a distance of 206.321 feet to a point
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3 | | which is 352.76 feet (measured perpendicularly) North of |
4 | | said easterly
extension of the North line of E. 25th Street |
5 | | and 211.49 feet (measured
perpendicularly) westerly of |
6 | | said westerly line of Burnham Park; thence
northeastwardly |
7 | | continuing along said easement line, being a straight line,
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8 | | a distance of 206.308 feet to a point which is 537.36 feet |
9 | | (measured
perpendicularly) North of said easterly |
10 | | extension of the North line of E.
25th Street and 73.66 |
11 | | feet (measured perpendicularly) westerly of said
westerly |
12 | | line of Burnham Park; thence northeastwardly continuing |
13 | | along said
easement line, being a straight line, a distance |
14 | | of 219.688 feet to a point
on said westerly line of Burnham |
15 | | Park, which point is 756.46 feet (measured
|
16 | | perpendicularly) North of said easterly extension of the |
17 | | North line of E.
25th Street; thence southwardly along said |
18 | | westerly line of Burnham Park,
being here a straight line |
19 | | whose southerly terminus is that point which is
308.0 feet |
20 | | (measured along said line) South of the intersection of |
21 | | said
line with the North line of 29th Street, extended |
22 | | East, a distance of
3185.099 feet to a point which is 89.16 |
23 | | feet North of aforesaid southerly
terminus; thence |
24 | | southwestwardly along an arc of a circle, convex to the
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25 | | Southeast, tangent to last described line and having
a |
26 | | radius of 635.34 feet, a distance of 177.175 feet to a |
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1 | | point on that
westerly line of Burnham Park which extends |
2 | | southerly from aforesaid point
308.0 feet South of the |
3 | | North line of 29th Street, extended East, to a
point on the |
4 | | North line of East 31st Street extended East, which is |
5 | | 250.00
feet (measured perpendicularly) easterly of said |
6 | | westerly right-of-way
line; thence southwardly along said |
7 | | last described westerly line of Burnham
Park, a distance of |
8 | | 857.397 feet to a point which is 86.31 feet (measured
along |
9 | | said line) northerly of aforesaid point on the North line |
10 | | of East
31st Street extended East; thence southeastwardly |
11 | | along the arc of a
circle, convex to the West, tangent to |
12 | | last described line and having a
radius of 573.69 feet, a |
13 | | distance of 69.426 feet to a point on the north
line of the |
14 | | aforementioned 31st Street viaduct, and thence West along |
15 | | said
North line, a distance of 106.584 feet to the point of |
16 | | beginning, in Cook
County, Illinois. |
17 | | Containing 1,527,996 square feet (35.0780 acres) of land, |
18 | | more or less. |
19 | | AND |
20 | | NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55 |
21 | | A tract of land comprised of a part of the Illinois Central |
22 | | Railroad Company
right-of-way (now known as the "Illinois |
23 | | Central Gulf Railroad") and a part
of the submerged lands |
24 | | reclaimed by said Railroad as described in the 1919
Lake |
25 | | Front Ordinance, in the Northwest Fractional Quarter of |
26 | | Section 22,
the Southwest Fractional Quarter of Section 22, |
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1 | | the Southeast Fractional
Quarter of Section 22 and the |
2 | | Northwest Fractional Quarter of Section 27,
Township 39 |
3 | | North, Range 14 East of the Third Principal Meridian, said |
4 | | tract
of land being described as follows: |
5 | | PARCEL A-NORTH OF 23RD STREET |
6 | | Beginning on the easterly line of said Illinois Central |
7 | | Railroad Company
right-of-way (being also the westerly |
8 | | line of Burnham Park as said westerly
line is described in |
9 | | the 1919 Lake Front Ordinance), at the intersection
of the |
10 | | northerly line of the 23rd Street viaduct, being a line |
11 | | 60.00 feet
(measured perpendicularly) northerly of and |
12 | | parallel with the centerline
of the existing structure, and |
13 | | running thence northwardly along said easterly
|
14 | | right-of-way line, a distance of 2270.472 feet to an |
15 | | intersection with the
North line of E. 18th Street, |
16 | | extended East, a point 708.495 feet (as measured
along said |
17 | | North line of E. 18th Street, extended East) East from the
|
18 | | westerly right-of-way line of said railroad; thence |
19 | | continuing northwardly
along said easterly right-of-way |
20 | | line, on a straight line which forms an
angle to the left |
21 | | of 00 degrees 51 minutes 27 seconds with last described
|
22 | | course, a distance of 919.963 feet; thence westwardly along |
23 | | a straight line
which forms an angle of 73 degrees 40 |
24 | | minutes 14 seconds from North to West
with last described |
25 | | line, a distance of 86.641 feet; thence southwardly
along |
26 | | the arc of a circle, convex to the East with a radius of |
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1 | | 2448.29
feet, a distance of 86.233 feet to a point which is |
2 | | 100.767 feet westerly
and 859.910 feet northerly of the |
3 | | intersection of said easterly
right-of-way line with the |
4 | | North line of E. 18th Street, extended East, as
measured |
5 | | along said easterly line and a line perpendicular thereto; |
6 | | thence
southwardly along a straight line, tangent to last |
7 | | described arc of a
circle, a distance of 436.277 feet to a |
8 | | point which is 197.423 feet
westerly and 434.475 feet |
9 | | northerly of the intersection of said easterly
|
10 | | right-of-way line with the North line of E. 18th Street, |
11 | | extended East, as
measured along said easterly line and a |
12 | | line perpendicular thereto; thence
southeastwardly along |
13 | | the arc of a circle, convex to the West, tangent to
last |
14 | | described straight line and having a radius of 1343.75 |
15 | | feet, a
distance of 278.822 feet to a point which is |
16 | | 230.646 feet westerly and
158.143 feet northerly of the |
17 | | intersection of said easterly right-of-way
line with the |
18 | | North line of E. 18th Street, extended East, as measured
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19 | | along said easterly line and a line perpendicular thereto; |
20 | | thence
southwardly along a straight line, tangent to last |
21 | | described arc of a
circle, a distance of 722.975 feet to a |
22 | | point which is 434.030 feet
(measured perpendicularly) |
23 | | easterly from the westerly line of said Illinois
Central |
24 | | Railroad right-of-way and 1700.466 feet (measured |
25 | | perpendicular)
northerly of the aforementioned northerly |
26 | | line of the 23rd Street viaduct;
thence southwardly along |
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1 | | the arc of a circle, convex to the East, tangent
to last |
2 | | described straight line, with a radius of 2008.70 feet, a |
3 | | distance
of 160.333 feet to a point which is 424.314 feet |
4 | | (reassured perpendicularly)
easterly from said westerly |
5 | | right-of-way line and 1546.469 feet (measured
|
6 | | perpendicularly) northerly of said North line of the 23rd |
7 | | Street viaduct;
thence southwardly along an arc of a |
8 | | circle, convex to the East with a
radius of 915.13 feet, a |
9 | | distance of 254.54 feet to a point which is 364.092
feet |
10 | | (measured perpendicularly) easterly from said westerly |
11 | | right-of-way
line and 1300.00 feet (measured |
12 | | perpendicularly) northerly of said
northerly line of the |
13 | | 23rd Street viaduct; thence continuing along an arc
of a |
14 | | circle, convex to the East, with a radius of 2008.70 feet, |
15 | | a distance
of 154.214 feet to a point which is 301.631 feet |
16 | | (measured perpendicularly)
easterly from said westerly |
17 | | right-of-way line and 1159.039 feet (measured
|
18 | | perpendicularly) northerly of said northerly line of the |
19 | | 23rd Street
viaduct; thence southwardly along a straight |
20 | | line, a distance of 184.018
feet to a point which is |
21 | | 220.680 feet (measured perpendicularly) easterly
from said |
22 | | westerly right-of-way line and 993.782 feet (measured
|
23 | | perpendicularly) northerly from said northerly line of the |
24 | | 23rd Street
viaduct; thence southwardly along a straight |
25 | | line, a distance of 66.874
feet to a point which is 220.719 |
26 | | feet (measured perpendicularly) easterly
from said |
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1 | | westerly right-of-way line and 926.908 feet (measured
|
2 | | perpendicularly) northerly from the northerly line of the |
3 | | 23rd Street
viaduct; thence southwardly along a straight |
4 | | line, a distance of 64.946
feet to a point which is 199.589 |
5 | | feet (measured perpendicularly) easterly
from said |
6 | | westerly right-of-way line and 865.496 feet (measured
|
7 | | perpendicularly) northerly from said northerly line of the |
8 | | 23rd Street
viaduct; thence southwardly along a straight |
9 | | line, a distance of 865.496
feet to a point on said |
10 | | northerly line of the 23rd Street viaduct, which is
200.088 |
11 | | feet easterly from said westerly right-of-way line; and |
12 | | thence
eastwardly along the northerly line of said 23rd |
13 | | Street viaduct, a distance
of 433.847 feet to the point of |
14 | | beginning. |
15 | | PARCEL B - WEST 23RD STREET |
16 | | Beginning on the easterly line of said Illinois Central |
17 | | Railroad Company
right-of-way (being also the westerly |
18 | | line of Burnham Park, as said
westerly line is described in |
19 | | the 1919 Lake Front Ordinance), at the
intersection of the |
20 | | northerly line of the 23rd Street viaduct, being a line
|
21 | | 60.00 feet (measured perpendicularly) northerly of and |
22 | | parallel with the
centerline of the existing structure; and |
23 | | running thence westwardly along
the northerly line of said |
24 | | 23rd Street viaduct, a distance of 433.847 feet,
to a point |
25 | | 200.088 feet easterly from the westerly line of said |
26 | | Illinois
Central Railroad right-of-way; thence southwardly |
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1 | | along a straight line, a
distance of 120.00 feet to a point |
2 | | on the southerly line of said 23rd
Street viaduct (being |
3 | | the southerly line of the easement granted to the
South |
4 | | Park Commissioners dated September 25, 1922 as document No. |
5 | | 7803194),
which point is 199.773 feet easterly of said |
6 | | westerly right-of-way line;
thence eastwardly along said |
7 | | southerly line of the 23rd Street viaduct, a
distance of |
8 | | 431.789 feet to said easterly right-of-way line; and thence
|
9 | | northwardly along said easterly right-of-way line a |
10 | | distance of 120.024
feet to the point of beginning, |
11 | | excepting therefrom that part of the land,
property and |
12 | | space conveyed to Amalgamated Trust and Savings Bank by |
13 | | deed
recorded September 21, 1970 as document No. 21270060, |
14 | | in Cook County, Illinois. |
15 | | PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE OF |
16 | | I-55 |
17 | | Beginning on the easterly line of said Illinois Central |
18 | | Railroad Company
right-of-way at the intersection of the |
19 | | southerly line of the 23rd Street
viaduct (being the |
20 | | southerly line of the easement granted to the South Park
|
21 | | Commissioners dated September 25, 1922 as document No. |
22 | | 7803194); and running
thence westwardly along said |
23 | | southerly line of the 23rd Street viaduct,
a distance of |
24 | | 431.789 feet, to a point 199.773 feet easterly from the
|
25 | | westerly line of said Illinois Central Railroad |
26 | | right-of-way; thence
southwardly along a straight line, a |
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1 | | distance of 169.071 feet to a point
which is 199.328 feet |
2 | | (measured perpendicularly) easterly from said
westerly |
3 | | right-of-way line; thence southwardly along a straight |
4 | | line, a
distance of 751.05 feet to a point which is 194.66 |
5 | | feet (measured
perpendicularly) easterly from said |
6 | | westerly right-of-way line and 920.105
feet (measured |
7 | | perpendicularly) southerly from said southerly line of the
|
8 | | 23rd Street viaduct; thence southwardly along a straight |
9 | | line whose
southerly terminus is a point which is 143.70 |
10 | | feet easterly from said
westerly right-of-way line and |
11 | | 3387.819 feet northerly of the intersection
of said |
12 | | westerly right-of-way line with the northerly line of the |
13 | | 31st
Street viaduct, (being a line 50.00 feet, measured |
14 | | perpendicularly,
northerly of and parallel with the South |
15 | | line of the Southeast Fractional
Quarter of said Section |
16 | | 27), as measured along said westerly line and a
line |
17 | | perpendicular thereto, a distance of 179.851 feet to an |
18 | | intersection
with a northerly line of the easement for the |
19 | | overhead bridge structure of
the Southwest Expressway |
20 | | System (as described in Judgment Order No. 67 L
13579 in |
21 | | the Circuit Court of Cook County), said northerly line |
22 | | extending
from a point of said westerly right-of-way line, |
23 | | which is 142.47 feet
(measured perpendicularly) North of |
24 | | the easterly extension of the North
line of E. 25th Street |
25 | | (as shown in Walker Bros. Addition to Chicago, a
|
26 | | subdivision in the Northeast Fractional Quarter of Section |
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1 | | 27 aforesaid) to
a point which is 215.07 feet (measured |
2 | | perpendicularly) North of said
easterly extension of the |
3 | | North line of E. 25th Street and 396.19 feet
(measured |
4 | | perpendicularly) westerly of the easterly line of said |
5 | | Illinois
central Railroad right-of-way (being also the |
6 | | westerly line of Burnham
Park, as said westerly line is |
7 | | described by the City of Chicago by
ordinance passed July |
8 | | 21, 1919 and recorded on March 5, 1920 in the Office
of the |
9 | | Recorder of Deeds of Cook County, Illinois, as document No.
|
10 | | 6753370); thence northeastwardly along the northerly line |
11 | | of the easement
aforesaid, a distance of 36.733 feet to a |
12 | | said point which is 215.07 feet
(measured perpendicularly) |
13 | | North of said easterly extension of the North
line of E. |
14 | | 25th Street and 396.19 feet (measured perpendicularly) |
15 | | westerly
of said easterly right-of-way line; thence |
16 | | northeastwardly continuing along
said easement line, being |
17 | | a straight line, a distance of 206.321 feet to a
point |
18 | | which is 352.76 feet (measured perpendicularly) North of |
19 | | said
easterly extension of the North line of E. 25th Street |
20 | | and 211.49 feet
(measured perpendicularly) westerly of |
21 | | said easterly right-of-way line;
thence northeastwardly |
22 | | continuing along said easement line, being a
straight line, |
23 | | a distance of 206.308 feet to a point which is 537.36 feet
|
24 | | (measured perpendicularly) North of said easterly |
25 | | extension of the North
line of E. 25th Street and 73.66 |
26 | | feet (measured perpendicularly) westerly of
said easterly |
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1 | | right-of-way line; thence northeastwardly continuing along
|
2 | | said easement line, being a straight line, a distance of |
3 | | 219.688 feet to a
point on said easterly right-of-way line, |
4 | | which point is 756.46 feet
(measured perpendicularly) |
5 | | North of said easterly extension of the North
line of E. |
6 | | 25th Street; and thence northwardly along said easterly
|
7 | | right-of-way line, a distance of 652.596 feet, to the point |
8 | | of beginning.
Excepting therefrom that part of the land, |
9 | | property and space conveyed to
Amalgamated Trust Savings |
10 | | Bank, as Trustee, under a trust agreement dated
January 12, |
11 | | 1978 and known as Trust No. 3448, in Cook County, Illinois. |
12 | | PARCEL D |
13 | | All the space within the boundaries of the following |
14 | | described perimeter
between the horizontal plane of plus |
15 | | 27.00 feet and plus 47.3 feet Chicago
City Datum: |
16 | | Commencing at the Northeast corner of Lot 3 in Block 1 in |
17 | | McCormick
City Subdivision being a resubdivision of |
18 | | McCormick Inn Subdivision (recorded
September 26, 1962 as |
19 | | Document No. 18601678) and a subdivision of adjacent
lands |
20 | | recorded January 12, 1971 as Document No. 21369281 in |
21 | | Section 27,
Township 39 North, Range 14, East of the Third |
22 | | Principal Meridian, thence
Westerly along the Northerly |
23 | | line of said McCormick Inn Subdivision to a
point which is |
24 | | 77 feet East of the Westerly line of McCormick Inn |
25 | | Subdivision
(lying at +27.00 feet C.C.D.) for a place of |
26 | | beginning; thence Westerly
a distance of 77.00 feet above |
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1 | | the horizontal plane +27.00 feet above Chicago
City Datum |
2 | | and below +47.3 feet above Chicago City Datum to the |
3 | | Northwest
corner of McCormick Inn Subdivision; thence |
4 | | South along the West line of
McCormick Inn Subdivision a |
5 | | distance of 36 feet to a point; thence East
23 feet to a |
6 | | point along a line which is perpendicular to the last |
7 | | described
line; thence North 12 feet to a point along a |
8 | | line which is perpendicular
to the last described line; |
9 | | thence East 54 feet to a point along a line
which is |
10 | | perpendicular to the last described line; thence North 24 |
11 | | feet
along a line which is perpendicular to the last |
12 | | described line to the place
of beginning. (Parcel D has |
13 | | been included in this Act to provide a means
for the |
14 | | Authority to acquire an easement or fee title to a part of |
15 | | McCormick
Inn to permit the construction of the pedestrian |
16 | | spine to connect the Project
with Donnelley Hall.) |
17 | | Containing 1,419,953 square feet (32.5970 acres) of land, |
18 | | more or less. |
19 | | "Site B" means an area of land (including all air rights |
20 | | related
thereto) in the City of Chicago, Cook County, Illinois, |
21 | | within the
following boundaries: |
22 | | Beginning at the intersection of the north line of East |
23 | | Cermak Road
and the center line of South Indiana Avenue; |
24 | | thence east along the north
line of East Cermak Road and |
25 | | continuing along said line as said north line
of East |
26 | | Cermak Road is extended, to its intersection with the |
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1 | | westerly line
of the right-of-way of the Illinois Central |
2 | | Gulf Railroad; thence
southeasterly along said line to its |
3 | | intersection with the north line of
the Twenty-third Street |
4 | | viaduct; thence northeasterly along said line to
its |
5 | | intersection with the easterly line of the right-of-way of |
6 | | the Illinois
Central Gulf Railroad; thence southeasterly |
7 | | along said line to the point of
intersection with the west |
8 | | line of the right-of-way of the Adlai E.
Stevenson |
9 | | Expressway; thence southwesterly along said line and then |
10 | | west
along the inside curve of the west and north lines of |
11 | | the right-of-way of
the Adlai E. Stevenson Expressway, |
12 | | following the curve of said
right-of-way, and continuing |
13 | | along the north line of the right-of-way of
the Adlai E. |
14 | | Stevenson Expressway to its intersection with the center |
15 | | line
of South Indiana Avenue; thence northerly along said |
16 | | line to the point of
beginning. |
17 | | ALSO |
18 | | Beginning at the intersection of the center line of |
19 | | East Cermak Road at
its intersection with the center line |
20 | | of South Indiana Avenue; thence
northerly along the center |
21 | | line of South Indiana Avenue to its intersection
with the |
22 | | center line of East Twenty-first Street; thence easterly |
23 | | along
said line to its intersection with the center line of |
24 | | South Prairie Avenue;
thence south along said line to its |
25 | | intersection with the center line of
East Cermak Road; |
26 | | thence westerly along said line to the point of beginning. |
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1 | | (Source: P.A. 96-898, eff. 5-27-10.)
|
2 | | (70 ILCS 210/13) (from Ch. 85, par. 1233)
|
3 | | Sec. 13.
(a) The Authority shall not have power to levy |
4 | | taxes for any
purpose, except as provided in subsections (b), |
5 | | (c), (d), (e), and (f).
|
6 | | (b) By ordinance the Authority shall, as soon as |
7 | | practicable after the
effective date of this amendatory Act of |
8 | | 1991, impose a Metropolitan Pier and
Exposition Authority |
9 | | Retailers' Occupation Tax upon all persons engaged in
the |
10 | | business of selling tangible personal property at retail within |
11 | | the
territory described in this subsection at the rate of 1.0% |
12 | | of the gross
receipts (i) from the sale of food, alcoholic |
13 | | beverages, and soft drinks
sold for consumption on the premises |
14 | | where sold and (ii) from the sale of
food, alcoholic beverages, |
15 | | and soft drinks sold for consumption off the
premises where |
16 | | sold by a retailer whose principal source of gross receipts
is |
17 | | from the sale of food, alcoholic beverages, and soft drinks |
18 | | prepared for
immediate consumption.
|
19 | | The tax imposed under this subsection and all civil |
20 | | penalties that may
be assessed as an incident to that tax shall |
21 | | be collected and enforced by the
Illinois Department of |
22 | | Revenue. The Department shall have full power to
administer and |
23 | | enforce this subsection, to collect all taxes and penalties so
|
24 | | collected in the manner provided in this subsection, and to |
25 | | determine all
rights to credit memoranda arising on account of |
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1 | | the erroneous payment of
tax or penalty under this subsection. |
2 | | In the administration of and
compliance with this subsection, |
3 | | the Department and persons who are subject
to this subsection |
4 | | shall have the same rights, remedies, privileges,
immunities, |
5 | | powers, and duties, shall be subject to the same conditions,
|
6 | | restrictions, limitations, penalties, exclusions, exemptions, |
7 | | and
definitions of terms, and shall employ the same modes of |
8 | | procedure
applicable to this Retailers' Occupation Tax as are |
9 | | prescribed in Sections
1, 2 through 2-65 (in respect to all |
10 | | provisions of those Sections other
than the State rate of |
11 | | taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes |
12 | | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
|
13 | | 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January |
14 | | 1, 1994, 13.5
of the Retailers' Occupation Tax Act, and, on and |
15 | | after January 1, 1994, all
applicable provisions of the Uniform |
16 | | Penalty and Interest Act that are not
inconsistent with this |
17 | | Act, as fully as if provisions contained in those
Sections of |
18 | | the Retailers' Occupation Tax Act were set forth in this
|
19 | | subsection.
|
20 | | Persons subject to any tax imposed under the authority |
21 | | granted in
this subsection may reimburse themselves for their |
22 | | seller's tax liability
under this subsection by separately |
23 | | stating that tax as an additional
charge, which charge may be |
24 | | stated in combination, in a single amount, with
State taxes |
25 | | that sellers are required to collect under the Use Tax Act,
|
26 | | pursuant to bracket schedules as the Department may prescribe.
|
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1 | | The retailer filing the return shall, at the time of filing the
|
2 | | return, pay to the Department the amount of tax imposed under |
3 | | this
subsection, less a discount of 1.75%, which is allowed to |
4 | | reimburse the
retailer for the expenses incurred in keeping |
5 | | records, preparing and
filing returns, remitting the tax, and |
6 | | supplying data to the Department on
request.
|
7 | | Whenever the Department determines that a refund should be |
8 | | made under
this subsection to a claimant instead of issuing a |
9 | | credit memorandum, the
Department shall notify the State |
10 | | Comptroller, who shall cause a warrant
to be drawn for the |
11 | | amount specified and to the person named in the
notification |
12 | | from the Department. The refund shall be paid by the State
|
13 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
14 | | trust fund
held by the State Treasurer as trustee for the |
15 | | Authority.
|
16 | | Nothing in this subsection authorizes the Authority to |
17 | | impose a tax upon
the privilege of engaging in any business |
18 | | that under the Constitution of
the United States may not be |
19 | | made the subject of taxation by this State.
|
20 | | The Department shall forthwith pay over to the State |
21 | | Treasurer, ex
officio, as trustee for the Authority, all taxes |
22 | | and penalties collected
under this subsection for deposit into |
23 | | a trust fund held outside of the
State Treasury. |
24 | | As soon as possible after the first day of each month, |
25 | | beginning January 1, 2011, upon certification of the Department |
26 | | of Revenue, the Comptroller shall order transferred, and the |
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1 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
2 | | local sales tax increment, as defined in the Innovation |
3 | | Development and Economy Act, collected under this subsection |
4 | | during the second preceding calendar month for sales within a |
5 | | STAR bond district. |
6 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
7 | | on or before the 25th day of each calendar month, the
|
8 | | Department shall prepare and certify to the Comptroller the |
9 | | amounts to be
paid under subsection (g) of this Section, which |
10 | | shall be the amounts, not
including credit memoranda, collected |
11 | | under this subsection during the second
preceding calendar |
12 | | month by the Department, less any amounts determined by the
|
13 | | Department to be necessary for the payment of refunds, less 2% |
14 | | of such
balance, which sum shall be deposited by the State |
15 | | Treasurer into the Tax
Compliance and Administration Fund in |
16 | | the State Treasury from which it shall be
appropriated to the |
17 | | Department to cover the costs of the Department in
|
18 | | administering and enforcing the provisions of this subsection, |
19 | | and less any amounts that are transferred to the STAR Bonds |
20 | | Revenue Fund. Within 10 days
after receipt by the Comptroller |
21 | | of the certification, the Comptroller shall
cause the orders to |
22 | | be drawn for the remaining amounts, and the Treasurer shall
|
23 | | administer those amounts as required in subsection (g).
|
24 | | A certificate of registration issued by the Illinois |
25 | | Department of Revenue
to a retailer under the Retailers' |
26 | | Occupation Tax Act shall permit the
registrant to engage in a |
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1 | | business that is taxed under the tax imposed
under this |
2 | | subsection, and no additional registration shall be required
|
3 | | under the ordinance imposing the tax or under this subsection.
|
4 | | A certified copy of any ordinance imposing or discontinuing |
5 | | any tax under
this subsection or effecting a change in the rate |
6 | | of that tax shall be
filed with the Department, whereupon the |
7 | | Department shall proceed to
administer and enforce this |
8 | | subsection on behalf of the Authority as of the
first day of |
9 | | the third calendar month following the date of filing.
|
10 | | The tax authorized to be levied under this subsection may |
11 | | be levied within
all or any part of the following described |
12 | | portions of the metropolitan area:
|
13 | | (1) that portion of the City of Chicago located within |
14 | | the following
area: Beginning at the point of intersection |
15 | | of the Cook County - DuPage
County line and York Road, then |
16 | | North along York Road to its intersection
with Touhy |
17 | | Avenue, then east along Touhy Avenue to its intersection |
18 | | with
the Northwest Tollway, then southeast along the |
19 | | Northwest Tollway to its
intersection with Lee Street, then |
20 | | south along Lee Street to Higgins Road,
then south and east |
21 | | along Higgins Road to its intersection with Mannheim
Road, |
22 | | then south along Mannheim Road to its intersection with |
23 | | Irving Park
Road, then west along Irving Park Road to its |
24 | | intersection with the Cook
County - DuPage County line, |
25 | | then north and west along the county line to
the point of |
26 | | beginning; and
|
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1 | | (2) that portion of the City of Chicago located within |
2 | | the following
area: Beginning at the intersection of West |
3 | | 55th Street with Central
Avenue, then east along West 55th |
4 | | Street to its intersection with South
Cicero Avenue, then |
5 | | south along South Cicero Avenue to its intersection
with |
6 | | West 63rd Street, then west along West 63rd Street to its |
7 | | intersection
with South Central Avenue, then north along |
8 | | South Central Avenue to the
point of beginning; and
|
9 | | (3) that portion of the City of Chicago located within |
10 | | the following
area: Beginning at the point 150 feet west of |
11 | | the intersection of the west
line of North Ashland Avenue |
12 | | and the north line of West Diversey Avenue,
then north 150 |
13 | | feet, then east along a line 150 feet north of the north
|
14 | | line of West Diversey Avenue extended to the shoreline of |
15 | | Lake Michigan,
then following the shoreline of Lake |
16 | | Michigan (including Navy Pier and all
other improvements |
17 | | fixed to land, docks, or piers) to the point where the
|
18 | | shoreline of Lake Michigan and the Adlai E. Stevenson |
19 | | Expressway extended
east to that shoreline intersect, then |
20 | | west along the Adlai E. Stevenson
Expressway to a point 150 |
21 | | feet west of the west line of South Ashland
Avenue, then |
22 | | north along a line 150 feet west of the west line of South |
23 | | and
North Ashland Avenue to the point of beginning.
|
24 | | The tax authorized to be levied under this subsection may |
25 | | also be
levied on food, alcoholic beverages, and soft drinks |
26 | | sold on boats and
other watercraft departing from and returning |
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1 | | to the shoreline of Lake
Michigan (including Navy Pier and all |
2 | | other improvements fixed to land,
docks, or piers) described in |
3 | | item (3).
|
4 | | (c) By ordinance the Authority shall, as soon as |
5 | | practicable after the
effective date of this amendatory Act of |
6 | | 1991, impose an occupation tax
upon all persons engaged in the |
7 | | corporate limits of the City of Chicago in
the business of |
8 | | renting, leasing, or letting rooms in a hotel, as defined
in |
9 | | the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of |
10 | | the gross
rental receipts from the renting, leasing, or letting |
11 | | of hotel rooms within
the City of Chicago, excluding, however, |
12 | | from gross rental receipts
the proceeds of renting, leasing, or |
13 | | letting to permanent residents of
a hotel, as defined in that |
14 | | Act. Gross rental receipts shall not include
charges that are |
15 | | added on account of the liability arising from any tax
imposed |
16 | | by the State or any governmental agency on the occupation of
|
17 | | renting, leasing, or letting rooms in a hotel.
|
18 | | The tax imposed by the Authority under this subsection and |
19 | | all civil
penalties that may be assessed as an incident to that |
20 | | tax shall be collected
and enforced by the Illinois Department |
21 | | of Revenue. The certificate of
registration that is issued by |
22 | | the Department to a lessor under the Hotel
Operators' |
23 | | Occupation Tax Act shall permit that registrant to engage in a
|
24 | | business that is taxable under any ordinance enacted under this
|
25 | | subsection without registering separately with the Department |
26 | | under that
ordinance or under this subsection. The Department |
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1 | | shall have full power to
administer and enforce this |
2 | | subsection, to collect all taxes and penalties
due under this |
3 | | subsection, to dispose of taxes and penalties so collected
in |
4 | | the manner provided in this subsection, and to determine all |
5 | | rights to
credit memoranda arising on account of the erroneous |
6 | | payment of tax or
penalty under this subsection. In the |
7 | | administration of and compliance with
this subsection, the |
8 | | Department and persons who are subject to this
subsection shall |
9 | | have the same rights, remedies, privileges, immunities,
|
10 | | powers, and duties, shall be subject to the same conditions, |
11 | | restrictions,
limitations, penalties, and definitions of |
12 | | terms, and shall employ the same
modes of procedure as are |
13 | | prescribed in the Hotel Operators' Occupation Tax
Act (except |
14 | | where that Act is inconsistent with this subsection), as fully
|
15 | | as if the provisions contained in the Hotel Operators' |
16 | | Occupation Tax Act
were set out in this subsection.
|
17 | | Whenever the Department determines that a refund should be |
18 | | made under
this subsection to a claimant instead of issuing a |
19 | | credit memorandum, the
Department shall notify the State |
20 | | Comptroller, who shall cause a warrant
to be drawn for the |
21 | | amount specified and to the person named in the
notification |
22 | | from the Department. The refund shall be paid by the State
|
23 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
24 | | trust fund
held by the State Treasurer as trustee for the |
25 | | Authority.
|
26 | | Persons subject to any tax imposed under the authority |
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1 | | granted in
this subsection may reimburse themselves for their |
2 | | tax liability for that
tax by separately stating that tax as an |
3 | | additional charge,
which charge may be stated in combination, |
4 | | in a single amount, with State
taxes imposed under the Hotel |
5 | | Operators' Occupation Tax Act, the
municipal tax imposed under |
6 | | Section 8-3-13 of the Illinois Municipal
Code, and the tax |
7 | | imposed under Section 19 of the Illinois Sports
Facilities |
8 | | Authority Act.
|
9 | | The person filing the return shall, at the time of filing |
10 | | the return,
pay to the Department the amount of tax, less a |
11 | | discount of 2.1% or $25 per
calendar year, whichever is |
12 | | greater, which is allowed to reimburse the
operator for the |
13 | | expenses incurred in keeping records, preparing and filing
|
14 | | returns, remitting the tax, and supplying data to the |
15 | | Department on request.
|
16 | | The Department shall forthwith pay over to the State |
17 | | Treasurer,
ex officio, as trustee for the Authority, all taxes |
18 | | and penalties collected
under this subsection for deposit into |
19 | | a trust fund held outside the State
Treasury. On or before the |
20 | | 25th day of each calendar month, the Department
shall certify |
21 | | to the Comptroller the amounts to be paid under subsection
(g) |
22 | | of this Section, which shall be the amounts (not including |
23 | | credit
memoranda) collected under this subsection during the |
24 | | second preceding
calendar month by the Department, less any |
25 | | amounts determined by the
Department to be necessary for |
26 | | payment of refunds. Within 10 days after
receipt by the |
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1 | | Comptroller of the Department's certification, the
Comptroller |
2 | | shall cause the orders to be drawn for such amounts, and the
|
3 | | Treasurer shall administer those amounts as required in |
4 | | subsection (g).
|
5 | | A certified copy of any ordinance imposing or discontinuing |
6 | | a tax under this
subsection or effecting a change in the rate |
7 | | of that tax shall be filed with
the Illinois Department of |
8 | | Revenue, whereupon the Department shall proceed to
administer |
9 | | and enforce this subsection on behalf of the Authority as of |
10 | | the
first day of the third calendar month following the date of |
11 | | filing.
|
12 | | (d) By ordinance the Authority shall, as soon as |
13 | | practicable after the
effective date of this amendatory Act of |
14 | | 1991, impose a tax
upon all persons engaged in the business of |
15 | | renting automobiles in the
metropolitan area at the rate of 6% |
16 | | of the gross
receipts from that business, except that no tax |
17 | | shall be imposed on the
business of renting automobiles for use |
18 | | as taxicabs or in livery service.
The tax imposed under this |
19 | | subsection and all civil penalties that may be
assessed as an |
20 | | incident to that tax shall be collected and enforced by the
|
21 | | Illinois Department of Revenue. The certificate of |
22 | | registration issued by
the Department to a retailer under the |
23 | | Retailers' Occupation Tax Act or
under the Automobile Renting |
24 | | Occupation and Use Tax Act shall permit that
person to engage |
25 | | in a business that is taxable under any ordinance enacted
under |
26 | | this subsection without registering separately with the |
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1 | | Department
under that ordinance or under this subsection. The |
2 | | Department shall have
full power to administer and enforce this |
3 | | subsection, to collect all taxes
and penalties due under this |
4 | | subsection, to dispose of taxes and penalties
so collected in |
5 | | the manner provided in this subsection, and to determine
all |
6 | | rights to credit memoranda arising on account of the erroneous |
7 | | payment
of tax or penalty under this subsection. In the |
8 | | administration of and
compliance with this subsection, the |
9 | | Department and persons who are subject
to this subsection shall |
10 | | have the same rights, remedies, privileges,
immunities, |
11 | | powers, and duties, be subject to the same conditions,
|
12 | | restrictions, limitations, penalties, and definitions of |
13 | | terms, and employ
the same modes of procedure as are prescribed |
14 | | in Sections 2 and 3 (in
respect to all provisions of those |
15 | | Sections other than the State rate of
tax; and in respect to |
16 | | the provisions of the Retailers' Occupation Tax Act
referred to |
17 | | in those Sections, except as to the disposition of taxes and
|
18 | | penalties collected, except for the provision allowing |
19 | | retailers a
deduction from the tax to cover certain costs, and |
20 | | except that credit
memoranda issued under this subsection may |
21 | | not be used to discharge any
State tax liability) of the |
22 | | Automobile Renting Occupation and Use Tax Act,
as fully as if |
23 | | provisions contained in those Sections of that Act were set
|
24 | | forth in this subsection.
|
25 | | Persons subject to any tax imposed under the authority |
26 | | granted in
this subsection may reimburse themselves for their |
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1 | | tax liability under this
subsection by separately stating that |
2 | | tax as an additional charge, which
charge may be stated in |
3 | | combination, in a single amount, with State tax
that sellers |
4 | | are required to collect under the Automobile Renting
Occupation |
5 | | and Use Tax Act, pursuant to bracket schedules as the |
6 | | Department
may prescribe.
|
7 | | Whenever the Department determines that a refund should be |
8 | | made under
this subsection to a claimant instead of issuing a |
9 | | credit memorandum, the
Department shall notify the State |
10 | | Comptroller, who shall cause a warrant to
be drawn for the |
11 | | amount specified and to the person named in the
notification |
12 | | from the Department. The refund shall be paid by the State
|
13 | | Treasurer out of the Metropolitan Pier and Exposition Authority |
14 | | trust fund
held by the State Treasurer as trustee for the |
15 | | Authority.
|
16 | | The Department shall forthwith pay over to the State |
17 | | Treasurer, ex officio,
as trustee, all taxes and penalties |
18 | | collected under this subsection for
deposit into a trust fund |
19 | | held outside the State Treasury. On or before the
25th day of |
20 | | each calendar month, the Department shall certify
to the |
21 | | Comptroller the amounts to be paid under subsection (g) of this
|
22 | | Section (not including credit memoranda) collected under this |
23 | | subsection
during the second preceding calendar month by the |
24 | | Department, less any
amount determined by the Department to be |
25 | | necessary for payment of refunds.
Within 10 days after receipt |
26 | | by the Comptroller of the Department's
certification, the |
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1 | | Comptroller shall cause the orders to be drawn for such
|
2 | | amounts, and the Treasurer shall administer those amounts as |
3 | | required in
subsection (g).
|
4 | | Nothing in this subsection authorizes the Authority to |
5 | | impose a tax upon
the privilege of engaging in any business |
6 | | that under the Constitution of
the United States may not be |
7 | | made the subject of taxation by this State.
|
8 | | A certified copy of any ordinance imposing or discontinuing |
9 | | a tax under
this subsection or effecting a change in the rate |
10 | | of that tax shall be
filed with the Illinois Department of |
11 | | Revenue, whereupon the Department
shall proceed to administer |
12 | | and enforce this subsection on behalf of the
Authority as of |
13 | | the first day of the third calendar month following the
date of |
14 | | filing.
|
15 | | (e) By ordinance the Authority shall, as soon as |
16 | | practicable after the
effective date of this amendatory Act of |
17 | | 1991, impose a tax upon the
privilege of using in the |
18 | | metropolitan area an automobile that is rented
from a rentor |
19 | | outside Illinois and is titled or registered with an agency
of |
20 | | this State's government at a rate of 6% of the rental price of |
21 | | that
automobile, except that no tax shall be imposed on the |
22 | | privilege of using
automobiles rented for use as taxicabs or in |
23 | | livery service. The tax shall
be collected from persons whose |
24 | | Illinois address for titling or
registration purposes is given |
25 | | as being in the metropolitan area. The tax
shall be collected |
26 | | by the Department of Revenue for the Authority. The tax
must be |
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1 | | paid to the State or an exemption determination must be |
2 | | obtained
from the Department of Revenue before the title or |
3 | | certificate of
registration for the property may be issued. The |
4 | | tax or proof of exemption
may be transmitted to the Department |
5 | | by way of the State agency with which
or State officer with |
6 | | whom the tangible personal property must be titled or
|
7 | | registered if the Department and that agency or State officer |
8 | | determine
that this procedure will expedite the processing of |
9 | | applications for title
or registration.
|
10 | | The Department shall have full power to administer and |
11 | | enforce this
subsection, to collect all taxes, penalties, and |
12 | | interest due under this
subsection, to dispose of taxes, |
13 | | penalties, and interest so collected in
the manner provided in |
14 | | this subsection, and to determine all rights to
credit |
15 | | memoranda or refunds arising on account of the erroneous |
16 | | payment of
tax, penalty, or interest under this subsection. In |
17 | | the administration of
and compliance with this subsection, the |
18 | | Department and persons who are
subject to this subsection shall |
19 | | have the same rights, remedies,
privileges, immunities, |
20 | | powers, and duties, be subject to the same
conditions, |
21 | | restrictions, limitations, penalties, and definitions of |
22 | | terms,
and employ the same modes of procedure as are prescribed |
23 | | in Sections 2 and
4 (except provisions pertaining to the State |
24 | | rate of tax; and in respect to
the provisions of the Use Tax |
25 | | Act referred to in that Section, except
provisions concerning |
26 | | collection or refunding of the tax by retailers,
except the |
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1 | | provisions of Section 19 pertaining to claims by retailers,
|
2 | | except the last paragraph concerning refunds, and except that |
3 | | credit
memoranda issued under this subsection may not be used |
4 | | to discharge any
State tax liability) of the Automobile Renting |
5 | | Occupation and Use Tax Act,
as fully as if provisions contained |
6 | | in those Sections of that Act were set
forth in this |
7 | | subsection.
|
8 | | Whenever the Department determines that a refund should be |
9 | | made under this
subsection to a claimant instead of issuing a |
10 | | credit memorandum, the Department
shall notify the State |
11 | | Comptroller, who shall cause a warrant to be drawn
for the |
12 | | amount specified and to the person named in the notification
|
13 | | from the Department. The refund shall be paid by the State |
14 | | Treasurer out
of the Metropolitan Pier and Exposition Authority |
15 | | trust fund held by the
State Treasurer as trustee for the |
16 | | Authority.
|
17 | | The Department shall forthwith pay over to the State |
18 | | Treasurer, ex officio,
as trustee, all taxes, penalties, and |
19 | | interest collected under this
subsection for deposit into a |
20 | | trust fund held outside the State Treasury.
On or before the |
21 | | 25th day of each calendar month, the Department shall
certify |
22 | | to the State Comptroller the amounts to be paid under |
23 | | subsection
(g) of this Section, which shall be the amounts (not |
24 | | including credit
memoranda) collected under this subsection |
25 | | during the second preceding
calendar month by the Department, |
26 | | less any amounts determined by the
Department to be necessary |
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1 | | for payment of refunds. Within 10 days after
receipt by the |
2 | | State Comptroller of the Department's certification, the
|
3 | | Comptroller shall cause the orders to be drawn for such |
4 | | amounts, and the
Treasurer shall administer those amounts as |
5 | | required in subsection (g).
|
6 | | A certified copy of any ordinance imposing or discontinuing |
7 | | a tax or
effecting a change in the rate of that tax shall be |
8 | | filed with the Illinois
Department of Revenue, whereupon the |
9 | | Department shall proceed to administer
and enforce this |
10 | | subsection on behalf of the Authority as of the first day
of |
11 | | the third calendar month following the date of filing.
|
12 | | (f) By ordinance the Authority shall, as soon as |
13 | | practicable after the
effective date of this amendatory Act of |
14 | | 1991, impose an occupation tax on all
persons, other than a |
15 | | governmental agency, engaged in the business of
providing |
16 | | ground transportation for hire or transportation network |
17 | | services to passengers in the metropolitan
area at a rate of |
18 | | (i) $4 per taxi , transportation network vehicle, or livery |
19 | | vehicle departure with
passengers for hire from commercial |
20 | | service airports in the metropolitan
area, (ii) for each |
21 | | departure with passengers for hire from a commercial
service |
22 | | airport in the metropolitan area in a bus or van operated by a
|
23 | | person other than a person described in item (iii): $18 per bus |
24 | | or van with
a capacity of 1-12 passengers, $36 per bus or van |
25 | | with a capacity of 13-24
passengers, and $54 per bus or van |
26 | | with a capacity of over 24 passengers,
and (iii) for each |
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1 | | departure with passengers for hire from a commercial
service |
2 | | airport in the metropolitan area in a bus or van operated by a
|
3 | | person regulated by the Interstate Commerce Commission or |
4 | | Illinois Commerce
Commission, operating scheduled service from |
5 | | the airport, and charging fares on
a per passenger basis: $2 |
6 | | per passenger for hire in each bus or van. The term
"commercial |
7 | | service airports" means those airports receiving scheduled
|
8 | | passenger service and enplaning more than 100,000 passengers |
9 | | per year.
|
10 | | In the ordinance imposing the tax, the Authority may |
11 | | provide for the
administration and enforcement of the tax and |
12 | | the collection of the tax
from persons subject to the tax as |
13 | | the Authority determines to be necessary
or practicable for the |
14 | | effective administration of the tax. The Authority
may enter |
15 | | into agreements as it deems appropriate with any governmental
|
16 | | agency providing for that agency to act as the Authority's |
17 | | agent to
collect the tax.
|
18 | | In the ordinance imposing the tax, the Authority may |
19 | | designate a method or
methods for persons subject to the tax to |
20 | | reimburse themselves for the tax
liability arising under the |
21 | | ordinance (i) by separately stating the full
amount of the tax |
22 | | liability as an additional charge to passengers departing
the |
23 | | airports, (ii) by separately stating one-half of the tax |
24 | | liability as
an additional charge to both passengers departing |
25 | | from and to passengers
arriving at the airports, or (iii) by |
26 | | some other method determined by the
Authority.
|
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1 | | All taxes, penalties, and interest collected under any |
2 | | ordinance adopted
under this subsection, less any amounts |
3 | | determined to be necessary for the
payment of refunds and less |
4 | | the taxes, penalties, and interest attributable to any increase |
5 | | in the rate of tax authorized by Public Act 96-898 and by this |
6 | | amendatory Act of the 99th General Assembly , shall be paid |
7 | | forthwith to the State Treasurer, ex
officio, for deposit into |
8 | | a trust fund held outside the State Treasury and
shall be |
9 | | administered by the State Treasurer as provided in subsection |
10 | | (g)
of this Section. All taxes, penalties, and interest |
11 | | attributable to any increase in the rate of tax authorized by |
12 | | Public Act 96-898 shall be paid by the State Treasurer as |
13 | | follows: 25% for deposit into the Convention Center Support |
14 | | Fund, to be used by the Village of Rosemont for the repair, |
15 | | maintenance, and improvement of the Donald E. Stephens |
16 | | Convention Center and for debt service on debt instruments |
17 | | issued for those purposes by the village and 75% to the |
18 | | Authority to be used for grants to an organization meeting the |
19 | | qualifications set out in Section 5.6 of this Act, provided the |
20 | | Metropolitan Pier and Exposition Authority has entered into a |
21 | | marketing agreement with such an organization.
|
22 | | (g) Amounts deposited from the proceeds of taxes imposed by |
23 | | the
Authority under subsections (b), (c), (d), (e), and (f) of |
24 | | this Section and
amounts deposited under Section 19 of the |
25 | | Illinois Sports Facilities
Authority Act shall be held in a |
26 | | trust fund outside the State Treasury and
shall be administered |
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1 | | by the Treasurer as follows: |
2 | | (1) An amount necessary for the payment of refunds with |
3 | | respect to those taxes shall be retained in the trust fund |
4 | | and used for those payments. |
5 | | (2) On July 20 and on the 20th of each month |
6 | | thereafter, provided that the amount requested in the |
7 | | annual certificate of the Chairman of the Authority filed |
8 | | under Section 8.25f of the State Finance Act has been |
9 | | appropriated for payment to the Authority, 1/8 of the local |
10 | | tax transfer amount, together with any cumulative |
11 | | deficiencies in the amounts transferred into the McCormick |
12 | | Place Expansion Project Fund under this subparagraph (2) |
13 | | during the fiscal year for which the certificate has been |
14 | | filed, shall be transferred from the trust fund into the |
15 | | McCormick Place Expansion Project Fund in the State |
16 | | treasury until 100% of the local tax transfer amount has |
17 | | been so transferred. "Local tax transfer amount" shall mean |
18 | | the amount requested in the annual certificate, minus the |
19 | | reduction amount. "Reduction amount" shall mean $41.7 |
20 | | million in fiscal year 2011, $36.7 million in fiscal year |
21 | | 2012, $36.7 million in fiscal year 2013, $36.7 million in |
22 | | fiscal year 2014, and $31.7 million in each fiscal year |
23 | | thereafter until 2032, provided that the reduction amount |
24 | | shall be reduced by (i) the amount certified by the |
25 | | Authority to the State Comptroller and State Treasurer |
26 | | under Section 8.25 of the State Finance Act, as amended, |
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1 | | with respect to that fiscal year and (ii) in any fiscal |
2 | | year in which the amounts deposited in the trust fund under |
3 | | this Section exceed $318.3 million, exclusive of amounts |
4 | | set aside for refunds and for the reserve account, one |
5 | | dollar for each dollar of the deposits in the trust fund |
6 | | above $318.3 million with respect to that year, exclusive |
7 | | of amounts set aside for refunds and for the reserve |
8 | | account. |
9 | | (3) On July 20, 2010, the Comptroller shall certify to |
10 | | the Governor, the Treasurer, and the Chairman of the |
11 | | Authority the 2010 deficiency amount, which means the |
12 | | cumulative amount of transfers that were due from the trust |
13 | | fund to the McCormick Place Expansion Project Fund in |
14 | | fiscal years 2008, 2009, and 2010 under Section 13(g) of |
15 | | this Act, as it existed prior to May 27, 2010 (the |
16 | | effective date of Public Act 96-898), but not made. On July |
17 | | 20, 2011 and on July 20 of each year through July 20, 2014, |
18 | | the Treasurer shall calculate for the previous fiscal year |
19 | | the surplus revenues in the trust fund and pay that amount |
20 | | to the Authority. On July 20, 2015 and on July 20 of each |
21 | | year thereafter, as long as bonds and notes issued under |
22 | | Section 13.2 or bonds and notes issued to refund those |
23 | | bonds and notes are outstanding, the Treasurer shall |
24 | | calculate for the previous fiscal year the surplus revenues |
25 | | in the trust fund and pay one-half of that amount to the |
26 | | State Treasurer for deposit into the General Revenue Fund |
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1 | | until the 2010 deficiency amount has been paid and shall |
2 | | pay the balance of the surplus revenues to the Authority. |
3 | | "Surplus revenues" means the amounts remaining in the trust |
4 | | fund on June 30 of the previous fiscal year (A) after the |
5 | | State Treasurer has set aside in the trust fund (i) amounts |
6 | | retained for refunds under subparagraph (1) and (ii) any |
7 | | amounts necessary to meet the reserve account amount and |
8 | | (B) after the State Treasurer has transferred from the |
9 | | trust fund to the General Revenue Fund 100% of any |
10 | | post-2010 deficiency amount. "Reserve account amount" |
11 | | means $15 million in fiscal year 2011 and $30 million in |
12 | | each fiscal year thereafter. The reserve account amount |
13 | | shall be set aside in the trust fund and used as a reserve |
14 | | to be transferred to the McCormick Place Expansion Project |
15 | | Fund in the event the proceeds of taxes imposed under this |
16 | | Section 13 are not sufficient to fund the transfer required |
17 | | in subparagraph (2). "Post-2010 deficiency amount" means |
18 | | any deficiency in transfers from the trust fund to the |
19 | | McCormick Place Expansion Project Fund with respect to |
20 | | fiscal years 2011 and thereafter. It is the intention of |
21 | | this subparagraph (3) that no surplus revenues shall be |
22 | | paid to the Authority with respect to any year in which a |
23 | | post-2010 deficiency amount has not been satisfied by the |
24 | | Authority. |
25 | | Moneys received by the Authority as surplus revenues may be |
26 | | used (i) for the purposes of paying debt service on the bonds |
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1 | | and notes issued by the Authority, including early redemption |
2 | | of those bonds or notes, (ii) for the purposes of repair, |
3 | | replacement, and improvement of the grounds, buildings, and |
4 | | facilities of the Authority, and (iii) for the corporate |
5 | | purposes of the Authority in fiscal years 2011 through 2015 in |
6 | | an amount not to exceed $20,000,000 annually or $80,000,000 |
7 | | total, which amount shall be reduced $0.75 for each dollar of |
8 | | the receipts of the Authority in that year from any contract |
9 | | entered into with respect to naming rights at McCormick Place |
10 | | under Section 5(m) of this Act. When bonds and notes issued |
11 | | under Section 13.2, or bonds or notes issued to refund those |
12 | | bonds and notes, are no longer outstanding, the balance in the |
13 | | trust fund shall be paid to the Authority.
|
14 | | (h) The ordinances imposing the taxes authorized by this |
15 | | Section shall
be repealed when bonds and notes issued under |
16 | | Section 13.2 or bonds and
notes issued to refund those bonds |
17 | | and notes are no longer outstanding.
|
18 | | (Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)".
|