Full Text of HB3434 99th General Assembly
HB3434sam001 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 11/3/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3434
| 2 | | AMENDMENT NO. ______. Amend House Bill 3434 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Upper Illinois River Valley Development | 5 | | Authority Act is amended by changing Sections 4 and 7 as | 6 | | follows:
| 7 | | (70 ILCS 530/4) (from Ch. 85, par. 7154)
| 8 | | Sec. 4. Establishment.
| 9 | | (a) There is hereby created a political
subdivision, body | 10 | | politic and municipal corporation named the Upper
Illinois | 11 | | River Valley Development Authority. The territorial | 12 | | jurisdiction
of the Authority is that geographic area within | 13 | | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
| 14 | | Kane, Lake, McHenry,
and Marshall counties in the State of
| 15 | | Illinois and
any navigable waters and air space located | 16 | | therein.
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| 1 | | (b) The governing and administrative powers of the | 2 | | Authority shall be
vested in a body consisting of 21 20 members | 3 | | including, as ex officio
members,
the Director of Commerce and | 4 | | Economic Opportunity, or his or her
designee, and the Director | 5 | | of the Department of Central Management Services,
or his or her | 6 | | designee. The other 19 18 members of the Authority shall
be
| 7 | | designated "public members", 10 of whom shall be appointed by | 8 | | the
Governor
with the advice and consent of the Senate and 9 8 | 9 | | of whom shall be
appointed
one each by the county board | 10 | | chairmen of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, | 11 | | Lake, McHenry,
and Marshall counties. All public members shall | 12 | | reside within the
territorial jurisdiction of this Act. Eleven | 13 | | members shall
constitute a
quorum. The public members shall be | 14 | | persons of recognized ability and
experience in one or more of | 15 | | the following areas: economic development,
finance, banking, | 16 | | industrial development, small business management, real
estate | 17 | | development, community development, venture finance, organized | 18 | | labor
or civic, community or neighborhood organization. The | 19 | | Chairman of the
Authority shall be elected by the Board | 20 | | annually from the 9 8 members
appointed by the county board | 21 | | chairmen.
| 22 | | (c) The terms of all initial members of the Authority shall | 23 | | begin 30
days after
the effective date of this Act. Of the 14 | 24 | | public members appointed
pursuant to this Act, 4 appointed by | 25 | | the Governor shall serve until the
third Monday in January, | 26 | | 1992, 4 appointed by the Governor shall serve
until the third |
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| 1 | | Monday in January, 1993, one appointed by the Governor
shall | 2 | | serve until the third Monday in January, 1994, one appointed by | 3 | | the
Governor shall serve until the third Monday in January | 4 | | 1999, the member
appointed by the county board chairman of | 5 | | LaSalle County shall serve until the
third Monday in January, | 6 | | 1992, the members appointed by the county
board
chairmen of | 7 | | Grundy County, Bureau County, Putnam County, and Marshall
| 8 | | County shall serve until the third Monday in January, 1994, and | 9 | | the
member appointed by the county board chairman of Kendall | 10 | | County
shall serve until the third Monday in January, 1999.
The | 11 | | initial members appointed by the chairmen of the county boards
| 12 | | of Kane and McHenry counties shall serve until
the third Monday | 13 | | in January, 2003. The initial members appointed by the chairman | 14 | | of the county board
of Lake County shall serve until
the third | 15 | | Monday in January, 2018.
All successors shall be
appointed by | 16 | | the original appointing authority and hold office for a term
of | 17 | | 3 years commencing the third Monday in January of the year in | 18 | | which
their term commences, except in case of an appointment to | 19 | | fill a vacancy.
Vacancies occurring among the public members | 20 | | shall be filled for the
remainder of the term. In case of | 21 | | vacancy in a Governor-appointed
membership when the Senate is | 22 | | not in session, the Governor may make a
temporary appointment | 23 | | until the next meeting of the Senate when a person
shall be | 24 | | nominated to fill such office, and any person so nominated who | 25 | | is
confirmed by the Senate shall hold office during the | 26 | | remainder of the term
and until a successor shall be appointed |
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| 1 | | and qualified. Members of the
Authority shall not be entitled | 2 | | to compensation for their services as
members but shall be | 3 | | entitled to reimbursement for all necessary expenses
incurred | 4 | | in connection with the performance of their duties as members.
| 5 | | (d) The Governor may remove any public member of the | 6 | | Authority in case
of incompetency, neglect of duty, or | 7 | | malfeasance in office.
| 8 | | (e) The Board shall appoint an Executive Director who shall | 9 | | have a
background in finance, including familiarity with the | 10 | | legal and
procedural requirements of issuing bonds, real estate | 11 | | or economic
development and administration. The Executive | 12 | | Director shall hold office
at the discretion of the Board. The | 13 | | Executive Director shall be the chief
administrative and | 14 | | operational officer of the Authority, shall direct
and | 15 | | supervise its administrative affairs and general management, | 16 | | shall perform
such other duties as may be prescribed from time | 17 | | to time by the members and
shall receive compensation fixed by | 18 | | the Authority. The Executive Director
shall attend all meetings | 19 | | of the Authority; however, no action of the
Authority shall be | 20 | | invalid on account of the absence of the Executive
Director | 21 | | from a meeting. The Authority may engage the services of such
| 22 | | other agents and employees, including attorneys, appraisers, | 23 | | engineers,
accountants, credit analysts and other consultants, | 24 | | as it may deem
advisable and may prescribe their duties and fix | 25 | | their compensation.
| 26 | | (f) The Board may, by majority vote, nominate up to 4 |
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| 1 | | non-voting members
for appointment by the Governor. Non-voting | 2 | | members shall be persons of
recognized ability and experience | 3 | | in one or more of the following areas:
economic development, | 4 | | finance, banking, industrial development, small
business | 5 | | management, real estate development, community development,
| 6 | | venture finance, organized labor or civic, community or | 7 | | neighborhood
organization. Non-voting members shall serve at | 8 | | the pleasure of the Board.
All non-voting members may attend | 9 | | meetings of the Board and shall be
reimbursed as provided in | 10 | | subsection (c).
| 11 | | (g) The Board shall create a task force to study and make
| 12 | | recommendations to the Board on the economic development of the | 13 | | territory
within the jurisdiction of this Act. The members of | 14 | | the task force shall
reside within the territorial jurisdiction | 15 | | of this Act, shall serve at the
pleasure of the Board and shall | 16 | | be persons of recognized ability and
experience in one or more | 17 | | of the following areas: economic development,
finance, | 18 | | banking, industrial development, small business management, | 19 | | real
estate development, community development, venture | 20 | | finance, organized labor
or civic, community or neighborhood | 21 | | organization. The number of members
constituting the task force | 22 | | shall be set by the Board and may vary from
time to time. The | 23 | | Board may set a specific date by which the task force is
to | 24 | | submit its final report and recommendations to the Board.
| 25 | | (Source: P.A. 94-793, eff. 5-19-06.)
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| 1 | | (70 ILCS 530/7) (from Ch. 85, par. 7157)
| 2 | | Sec. 7. Bonds.
| 3 | | (a) The Authority, with the written approval of the
| 4 | | Governor, shall have the continuing power to issue bonds, | 5 | | notes, or other
evidences of indebtedness in an aggregate | 6 | | amount outstanding not to exceed $500,000,000
for the purpose | 7 | | of developing, constructing, acquiring or improving
projects, | 8 | | including those established by business entities locating or
| 9 | | expanding property within the territorial jurisdiction of the | 10 | | Authority,
for entering into venture capital agreements with | 11 | | businesses locating or
expanding within the territorial | 12 | | jurisdiction of the Authority, for
acquiring and improving any | 13 | | property necessary and useful in connection
therewith and for | 14 | | the purposes of the Employee Ownership Assistance Act.
For the | 15 | | purpose of evidencing the obligations of the Authority to repay | 16 | | any
money borrowed, the Authority may, pursuant to resolution, | 17 | | from time to
time issue and dispose of its interest bearing | 18 | | revenue bonds, notes or
other evidences of indebtedness and may | 19 | | also from time to time issue and
dispose of such bonds, notes | 20 | | or other evidences of indebtedness to refund,
at maturity, at a | 21 | | redemption date or in advance of either, any bonds, notes
or | 22 | | other evidences of indebtedness pursuant to redemption | 23 | | provisions or at
any time before maturity. All such bonds, | 24 | | notes or other evidences of
indebtedness shall be payable | 25 | | solely and only from the revenues or income
to be derived from | 26 | | loans made with respect to projects, from the leasing or
sale |
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| 1 | | of the projects or from any other funds available to the | 2 | | Authority for
such purposes. The bonds, notes or other | 3 | | evidences of indebtedness may
bear such date or dates, may | 4 | | mature at such time or times not exceeding 40
years from their | 5 | | respective dates, may bear interest at such rate or rates
not | 6 | | exceeding the maximum rate permitted by "An Act to authorize | 7 | | public
corporations to issue bonds, other evidences of | 8 | | indebtedness and tax
anticipation warrants subject to interest | 9 | | rate limitations set forth
therein", approved May 26, 1970, as | 10 | | amended, may be in such form, may carry
such registration | 11 | | privileges, may be executed in such manner, may be
payable at | 12 | | such place or places, may be made subject to redemption in such
| 13 | | manner and upon such terms, with or without premium as is | 14 | | stated on the
face thereof, may be authenticated in such manner | 15 | | and may contain such
terms and covenants as may be provided by | 16 | | an applicable resolution.
| 17 | | (b-1) The holder or holders of any bonds, notes or other | 18 | | evidences of
indebtedness issued by the Authority may bring | 19 | | suits at law or proceedings
in equity to compel the performance | 20 | | and observance by any corporation or
person or by the Authority | 21 | | or any of its agents or employees of any
contract or covenant | 22 | | made with the holders of such bonds, notes or other
evidences | 23 | | of indebtedness, to compel such corporation, person, the
| 24 | | Authority and any of its agents or employees to perform any | 25 | | duties required
to be performed for the benefit of the holders | 26 | | of any such bonds, notes or
other evidences of indebtedness by |
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| 1 | | the provision of the resolution
authorizing their issuance and | 2 | | to enjoin such corporation, person, the
Authority and any of | 3 | | its agents or employees from taking any action in
conflict with | 4 | | any such contract or covenant.
| 5 | | (b-2) If the Authority fails to pay the principal of or | 6 | | interest on any
of the bonds or premium, if any, as the same | 7 | | become due, a civil action to
compel payment may be instituted | 8 | | in the appropriate circuit court by the
holder or holders of | 9 | | the bonds on which such default of payment exists or
by an | 10 | | indenture trustee acting on behalf of such holders. Delivery of | 11 | | a
summons and a copy of the complaint to the Chairman of the | 12 | | Board shall
constitute sufficient service to give the circuit | 13 | | court jurisdiction of the
subject matter of such a suit and | 14 | | jurisdiction over the Authority and its
officers named as | 15 | | defendants for the purpose of compelling such payment.
Any | 16 | | case, controversy or cause of action concerning the validity of | 17 | | this Act
relates to the revenue of the State of Illinois.
| 18 | | (c) Notwithstanding the form and tenor of any such bonds, | 19 | | notes or other
evidences of indebtedness and in the absence of | 20 | | any express recital on the
face thereof that it is | 21 | | non-negotiable, all such bonds, notes and other
evidences of | 22 | | indebtedness shall be negotiable instruments. Pending the
| 23 | | preparation and execution of any such bonds, notes or other | 24 | | evidences of
indebtedness, temporary bonds, notes or evidences | 25 | | of indebtedness may be
issued as provided by ordinance.
| 26 | | (d) To secure the payment of any or all of such bonds, |
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| 1 | | notes or other
evidences of indebtedness, the revenues to be | 2 | | received by the Authority from
a lease agreement or loan | 3 | | agreement shall be pledged, and, for the purpose
of setting | 4 | | forth the covenants and undertakings of the Authority in
| 5 | | connection with the issuance thereof and the issuance of any | 6 | | additional
bonds, notes or other evidences of indebtedness | 7 | | payable from such revenues,
income or other funds to be derived | 8 | | from projects, the Authority may
execute and deliver a mortgage | 9 | | or trust agreement. A remedy for any breach
or default of the | 10 | | terms of any such mortgage or trust agreement by the
Authority | 11 | | may be by mandamus proceedings in the appropriate circuit court
| 12 | | to compel the performance and compliance therewith, but the | 13 | | trust agreement
may prescribe by whom or on whose behalf such | 14 | | action may be instituted.
| 15 | | (e) Such bonds or notes shall be secured as provided in the | 16 | | authorizing
ordinance which may, notwithstanding any other | 17 | | provision of this Act,
include in addition to any other | 18 | | security a specific pledge or assignment
of and lien on or | 19 | | security interest in any or all revenues or money of the
| 20 | | Authority from whatever source which may by law be used for | 21 | | debt
service purposes and a specific pledge or assignment of | 22 | | and lien on or
security interest in any funds or accounts | 23 | | established or provided for by
ordinance of the Authority | 24 | | authorizing the issuance of such bonds or notes.
| 25 | | (f) (Blank). In the event that the Authority determines | 26 | | that monies of the
Authority will not be sufficient for the |
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| 1 | | payment of the principal of and
interest on its bonds during | 2 | | the next State fiscal year, the
Chairman, as soon as | 3 | | practicable, shall certify to the Governor the
amount required | 4 | | by the Authority to enable
it to pay such principal of and | 5 | | interest on the bonds.
The Governor shall submit the amount so | 6 | | certified to the General Assembly
as soon as practicable, but | 7 | | no later than the end of the current State fiscal
year. This | 8 | | Section shall
not apply to any bonds or notes as to which the
| 9 | | Authority shall have determined, in the resolution authorizing | 10 | | the issuance
of the bonds or notes, that this Section shall not | 11 | | apply. Whenever the
Authority makes such a determination, that | 12 | | fact shall be plainly stated on
the face of the bonds or notes | 13 | | and that fact shall also be reported to the Governor.
| 14 | | In the event of a withdrawal of moneys from a reserve fund | 15 | | established
with respect to any issue or issues of bonds of the | 16 | | Authority to pay
principal or interest on those bonds, the | 17 | | Chairman of the Authority, as
soon as practicable, shall | 18 | | certify to the Governor the amount required
to restore the | 19 | | reserve fund to the level required in the
resolution or | 20 | | indenture securing those bonds.
The Governor shall submit the | 21 | | amount so certified to the General Assembly
as soon as | 22 | | practicable, but no later than the end of the current State | 23 | | fiscal year. This subsection (f) shall not apply to any bond | 24 | | issued on or after the effective date of this amendatory Act of | 25 | | the 97th General Assembly.
| 26 | | (g) The State of Illinois pledges to and agrees with the |
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| 1 | | holders of the
bonds and notes of the Authority issued pursuant | 2 | | to this Section that the
State will not limit or alter the | 3 | | rights and powers vested in the Authority
by this Act so as to | 4 | | impair the terms of any contract made by the Authority
with | 5 | | such holders or in any way impair the rights and remedies of | 6 | | such
holders until such bonds and notes, together with interest | 7 | | thereon, with
interest on any unpaid installments of interest, | 8 | | and all costs and expenses
in connection with any action or | 9 | | proceedings by or on behalf of such
holders, are fully met and | 10 | | discharged. In addition, the State pledges to
and agrees with | 11 | | the holders of the bonds and notes of the Authority issued
| 12 | | pursuant to this Section that the State will not limit or alter | 13 | | the basis
on which State funds are to be paid to the Authority | 14 | | as provided in this
Act, or the use of such funds, so as to | 15 | | impair the terms of any such
contract. The Authority is | 16 | | authorized to include these pledges and
agreements of the State | 17 | | in any contract with the holders of bonds or notes
issued | 18 | | pursuant to this Section.
| 19 | | (h) (Blank).
| 20 | | (Source: P.A. 97-312, eff. 8-11-11; 98-750, eff. 1-1-15 .)
| 21 | | Section 10. The Flood Prevention District Act is amended by | 22 | | changing Section 25 as follows:
| 23 | | (70 ILCS 750/25)
| 24 | | Sec. 25. Flood prevention retailers' and service |
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| 1 | | occupation taxes. | 2 | | (a) If the Board of Commissioners of a flood prevention | 3 | | district determines that an emergency situation exists | 4 | | regarding levee repair or flood prevention, and upon an | 5 | | ordinance confirming the determination adopted by the | 6 | | affirmative vote of a majority of the members of the county | 7 | | board of the county in which the district is situated, the | 8 | | county may impose a flood prevention
retailers' occupation tax | 9 | | upon all persons engaged in the business of
selling tangible | 10 | | personal property at retail within the territory of the | 11 | | district to provide revenue to pay the costs of providing | 12 | | emergency levee repair and flood prevention and to secure the | 13 | | payment of bonds, notes, and other evidences of indebtedness | 14 | | issued under this Act for a period not to exceed the
later of | 15 | | (i) 25 years or (ii) if bonds, notes or other evidences of | 16 | | indebtedness are issued under this
Act, for as long as required | 17 | | to repay the bonds, notes, and other evidences of indebtedness | 18 | | issued under this Act.
The tax rate shall be 0.25%
of the gross | 19 | | receipts from all taxable sales made in the course of that
| 20 | | business. The tax
imposed under this Section and all civil | 21 | | penalties that may be
assessed as an incident thereof shall be | 22 | | collected and enforced by the
State Department of Revenue. The | 23 | | Department shall have full power to
administer and enforce this | 24 | | Section; to collect all taxes and penalties
so collected in the | 25 | | manner hereinafter provided; and to determine all
rights to | 26 | | credit memoranda arising on account of the erroneous payment
of |
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| 1 | | tax or penalty hereunder. | 2 | | In the administration of and compliance with this | 3 | | subsection, the Department and persons who are subject to this | 4 | | subsection (i) have the same rights, remedies, privileges, | 5 | | immunities, powers, and duties, (ii) are subject to the same | 6 | | conditions, restrictions, limitations, penalties, and | 7 | | definitions of terms, and (iii) shall employ the same modes of | 8 | | procedure as are set forth in Sections 1 through 1o, 2 through | 9 | | 2-70 (in respect to all provisions contained in those Sections | 10 | | other than the State rate of tax), 2a through 2h, 3 (except as | 11 | | to the disposition of taxes and penalties collected), 4, 5, 5a, | 12 | | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, | 13 | | 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and | 14 | | all provisions of the Uniform Penalty and Interest Act as if | 15 | | those provisions were set forth in this subsection. | 16 | | Persons subject to any tax imposed under this Section may | 17 | | reimburse themselves for their seller's tax
liability | 18 | | hereunder by separately stating the tax as an additional
| 19 | | charge, which charge may be stated in combination in a single | 20 | | amount
with State taxes that sellers are required to collect | 21 | | under the Use
Tax Act, under any bracket schedules the
| 22 | | Department may prescribe. | 23 | | If a tax is imposed under this subsection (a), a tax shall | 24 | | also
be imposed under subsection (b) of this Section. | 25 | | (b) If a tax has been imposed under subsection (a), a flood | 26 | | prevention service occupation
tax shall
also be imposed upon |
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| 1 | | all persons engaged within the territory of the district in
the | 2 | | business of making sales of service, who, as an incident to | 3 | | making the sales
of service, transfer tangible personal | 4 | | property,
either in the form of tangible personal property or | 5 | | in the form of real estate
as an incident to a sale of service | 6 | | to provide revenue to pay the costs of providing emergency | 7 | | levee repair and flood prevention and to secure the payment of | 8 | | bonds, notes, and other evidences of indebtedness issued under | 9 | | this Act for a period not to exceed the later of (i) 25 years or | 10 | | (ii) if bonds, notes or other evidences of indebtedness are | 11 | | issued under this Act, for as long as required to repay the | 12 | | bonds, notes, and other evidences of indebtedness issued under | 13 | | this Act . The tax rate shall be 0.25% of the selling price
of | 14 | | all tangible personal property transferred. | 15 | | The tax imposed under this subsection and all civil
| 16 | | penalties that may be assessed as an incident thereof shall be | 17 | | collected
and enforced by the State Department of Revenue. The | 18 | | Department shall
have full power to administer and enforce this | 19 | | subsection; to collect all
taxes and penalties due hereunder; | 20 | | to dispose of taxes and penalties
collected in the manner | 21 | | hereinafter provided; and to determine all
rights to credit | 22 | | memoranda arising on account of the erroneous payment
of tax or | 23 | | penalty hereunder. | 24 | | In the administration of and compliance with this | 25 | | subsection, the Department and persons who are subject to this | 26 | | subsection shall (i) have the same rights, remedies, |
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| 1 | | privileges, immunities, powers, and duties, (ii) be subject to | 2 | | the same conditions, restrictions, limitations, penalties, and | 3 | | definitions of terms, and (iii) employ the same modes of | 4 | | procedure as are set forth in Sections 2 (except that the | 5 | | reference to State in the definition of supplier maintaining a | 6 | | place of business in this State means the district), 2a through | 7 | | 2d, 3 through 3-50 (in respect to all provisions contained in | 8 | | those Sections other than the State rate of tax), 4 (except | 9 | | that the reference to the State shall be to the district), 5, | 10 | | 7, 8 (except that the jurisdiction to which the tax is a debt | 11 | | to the extent indicated in that Section 8 is the district), 9 | 12 | | (except as to the disposition of taxes and penalties | 13 | | collected), 10, 11, 12 (except the reference therein to Section | 14 | | 2b of the Retailers' Occupation Tax Act), 13 (except that any | 15 | | reference to the State means the district), Section 15, 16, 17, | 16 | | 18, 19, and 20 of the Service Occupation Tax Act and all | 17 | | provisions of the Uniform Penalty and Interest Act, as fully as | 18 | | if those provisions were set forth herein. | 19 | | Persons subject to any tax imposed under the authority | 20 | | granted
in this subsection may reimburse themselves for their | 21 | | serviceman's tax
liability hereunder by separately stating the | 22 | | tax as an additional
charge, that charge may be stated in | 23 | | combination in a single amount
with State tax that servicemen | 24 | | are authorized to collect under the
Service Use Tax Act, under | 25 | | any bracket schedules the
Department may prescribe. | 26 | | (c) The taxes imposed in subsections (a) and (b) may not be |
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| 1 | | imposed on personal property titled or registered with an | 2 | | agency of the State; food for human consumption that is to be | 3 | | consumed off the premises where it is sold (other than | 4 | | alcoholic beverages, soft drinks, and food that has been | 5 | | prepared for immediate consumption); prescription and | 6 | | non-prescription medicines, drugs, and medical appliances; | 7 | | modifications to a motor vehicle for the purpose of rendering | 8 | | it usable by a disabled person; or insulin, urine testing | 9 | | materials, and syringes and needles used by diabetics. | 10 | | (d) Nothing in this Section shall be construed to authorize | 11 | | the
district to impose a tax upon the privilege of engaging in | 12 | | any business
that under the Constitution of the United States | 13 | | may not be made the
subject of taxation by the State. | 14 | | (e) The certificate of registration that is issued by the | 15 | | Department to a retailer under the Retailers' Occupation Tax | 16 | | Act or a serviceman under the Service Occupation Tax Act | 17 | | permits the retailer or serviceman to engage in a business that | 18 | | is taxable without registering separately with the Department | 19 | | under an ordinance or resolution under this Section. | 20 | | (f) The Department shall immediately pay over to the State | 21 | | Treasurer, ex officio, as trustee, all taxes and penalties | 22 | | collected under this Section to be deposited into the Flood | 23 | | Prevention Occupation Tax Fund, which shall be an | 24 | | unappropriated trust fund held outside the State treasury. | 25 | | On or before the 25th day of each calendar month, the | 26 | | Department shall prepare and certify to the Comptroller the |
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| 1 | | disbursement of stated sums of money to the counties from which | 2 | | retailers or servicemen have paid taxes or penalties to the | 3 | | Department during the second preceding calendar month. The | 4 | | amount to be paid to each county is equal to the amount (not | 5 | | including credit memoranda) collected from the county under | 6 | | this Section during the second preceding calendar month by the | 7 | | Department, (i) less 2% of that amount, which shall be | 8 | | deposited into the Tax Compliance and Administration Fund and | 9 | | shall be used by the Department in administering and enforcing | 10 | | the provisions of this Section on behalf of the county, (ii) | 11 | | plus an amount that the Department determines is necessary to | 12 | | offset any amounts that were erroneously paid to a different | 13 | | taxing body; (iii) less an amount equal to the amount of | 14 | | refunds made during the second preceding calendar month by the | 15 | | Department on behalf of the county; and (iv) less any amount | 16 | | that the Department determines is necessary to offset any | 17 | | amounts that were payable to a different taxing body but were | 18 | | erroneously paid to the county. When certifying the amount of a | 19 | | monthly disbursement to a county under this Section, the | 20 | | Department shall increase or decrease the amounts by an amount | 21 | | necessary to offset any miscalculation of previous | 22 | | disbursements within the previous 6 months from the time a | 23 | | miscalculation is discovered. | 24 | | Within 10 days after receipt by the Comptroller from the | 25 | | Department of the disbursement certification to the counties | 26 | | provided for in this Section, the Comptroller shall cause the |
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| 1 | | orders to be drawn for the respective amounts in accordance | 2 | | with directions contained in the certification. | 3 | | If the Department determines that a refund should be made | 4 | | under this Section to a claimant instead of issuing a credit | 5 | | memorandum, then the Department shall notify the Comptroller, | 6 | | who shall cause the order to be drawn for the amount specified | 7 | | and to the person named in the notification from the | 8 | | Department. The refund shall be paid by the Treasurer out of | 9 | | the Flood Prevention Occupation Tax Fund. | 10 | | (g) If a county imposes a tax under this Section, then the | 11 | | county board shall, by ordinance, discontinue the tax upon the | 12 | | payment of all indebtedness of the flood prevention district | 13 | | provided that the . The tax shall not be discontinued if such | 14 | | discontinuance would impair the
District's ability to repay any | 15 | | until all indebtedness issued under this Act of the District | 16 | | has been paid . | 17 | | (h) Any ordinance imposing the tax under this Section, or | 18 | | any ordinance that discontinues the tax, must be certified by | 19 | | the county clerk and filed with the Illinois Department of | 20 | | Revenue either (i) on or before the first day of April, | 21 | | whereupon the Department shall proceed to administer and | 22 | | enforce the tax or change in the rate as of the first day of | 23 | | July next following the filing; or (ii) on or before the first | 24 | | day of October, whereupon the Department shall proceed to | 25 | | administer and enforce the tax or change in the rate as of the | 26 | | first day of January next following the filing. |
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| 1 | | (j) County Flood Prevention Occupation Tax Fund. All | 2 | | proceeds received by a county from a tax distribution under | 3 | | this Section must be maintained in a special fund known as the | 4 | | [name of county] flood prevention occupation tax fund. The | 5 | | county shall, at the direction of the flood prevention | 6 | | district, use moneys in the fund to pay the costs of providing | 7 | | emergency levee repair and flood prevention and to pay bonds, | 8 | | notes, and other evidences of indebtedness issued under this | 9 | | Act. | 10 | | (k) This Section may be cited as the Flood Prevention | 11 | | Occupation Tax Law.
| 12 | | (l) This Section, as amended by this amendatory Act of the | 13 | | 99th General Assembly, shall be retroactively applied to any | 14 | | tax imposed or indebtedness issued under this Act. | 15 | | (Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
| 16 | | Section 15. The Kaskaskia Regional Port District Act is | 17 | | amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as | 18 | | follows:
| 19 | | (70 ILCS 1830/1.1)
| 20 | | Sec. 1.1. Purpose. The General Assembly declares that the | 21 | | main purpose of
this
Act is to
promote industrial, commercial, | 22 | | transportation, homeland security, recreation, water supply, | 23 | | flood control, and economic activities
thereby reducing
the | 24 | | evils attendant upon unemployment and enhancing the public |
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| 1 | | health , safety, and
welfare of
this State.
| 2 | | (Source: P.A. 90-785, eff. 1-1-99.)
| 3 | | (70 ILCS 1830/3) (from Ch. 19, par. 503)
| 4 | | Sec. 3.
There is created a political subdivision body | 5 | | politic and
municipal corporation, named "Kaskaskia Regional | 6 | | Port District"
embracing all of Monroe and Randolph Counties | 7 | | and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, | 8 | | Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and | 9 | | Lenzburg Townships of St. Clair County. The
Port District may | 10 | | sue and be sued in its corporate name but execution
shall not | 11 | | in any case issue against any property owned by the Port
| 12 | | District except for Port District property that the Port | 13 | | District pledged as collateral to a bank or other financial | 14 | | institution to secure a bank loan . It may adopt a common seal | 15 | | and change the same at pleasure.
The principal office of the | 16 | | Port District shall be in the city of Red Bud
Chester , | 17 | | Illinois.
| 18 | | No rights, duties or privileges of such District, or those | 19 | | of any
person, existing before the change of name shall be | 20 | | affected by the
change provided by this amendatory Act of 1967. | 21 | | All proceedings pending
in any court in favor of or against | 22 | | such District may continue to final
consummation under the name | 23 | | in which they were commenced.
| 24 | | (Source: P.A. 80-1495.)
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| 1 | | (70 ILCS 1830/6) (from Ch. 19, par. 506)
| 2 | | Sec. 6. The Port District has the following functions, | 3 | | powers and duties:
| 4 | | (a) to study the existing harbor facilities within the area | 5 | | of the Port
District and to recommend to an appropriate | 6 | | governmental agency, including
the General Assembly of | 7 | | Illinois, such changes and modifications as may
from time to | 8 | | time be required for continuing development therein and to
meet | 9 | | changing business and commercial needs;
| 10 | | (b) to make an investigation of conditions within the Port | 11 | | District and to
prepare and adopt a comprehensive plan for the | 12 | | development of port
facilities for the Port District. In | 13 | | preparing and recommending changes and
modifications in | 14 | | existing harbor facilities, or a comprehensive plan for
the | 15 | | development of such port facilities, as above provided, the | 16 | | Port
District if it deems desirable may set aside and allocate | 17 | | an area or areas,
within the lands owned by it, to be leased to | 18 | | private parties for
industrial, manufacturing, commercial, or | 19 | | harbor purposes, where such area
or areas in the opinion of the | 20 | | Board, are not required for primary purposes
in the development | 21 | | of harbor and port facilities for the use of public
water and | 22 | | land transportation, or will not be needed immediately for such
| 23 | | purposes, and where such leasing in the opinion of the Board | 24 | | will aid and
promote the development of terminal and port | 25 | | facilities;
| 26 | | (c) to study and make recommendations to the proper |
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| 1 | | authority for the
improvement of terminal, lighterage, | 2 | | wharfage, warehousing, anchorage,
transfer and other | 3 | | facilities necessary for the promotion of commerce and
the | 4 | | interchange of traffic within, to and from the Port District;
| 5 | | (d) to study, prepare and recommend by specific proposals | 6 | | to the General
Assembly of Illinois changes in the jurisdiction | 7 | | of the Port District;
| 8 | | (e) to petition any federal, state, municipal or local | 9 | | authority,
administrative, judicial and legislative, having | 10 | | jurisdiction in the
premises, for the adoption and execution of | 11 | | any physical improvement,
change in method, system of handling | 12 | | freight, warehousing, docking,
lightering and transfer of | 13 | | freight, which in the opinion of the Board are
designed to | 14 | | improve or better the handling of commerce in and through the
| 15 | | Port District or improve terminal or transportation facilities | 16 | | therein ; and .
| 17 | | (f) to petition any federal, state, or local authority, | 18 | | including administrative, judicial, and legislative branches, | 19 | | having jurisdiction for the adoption and execution of any | 20 | | physical improvement or operation related to the management of | 21 | | fish and wildlife, recreation, water supply, or flood control | 22 | | which in the opinion of the Board is for the purpose of | 23 | | improving or bettering the quality of life in the Port District | 24 | | or add to the diversity of amenities related to that purpose. | 25 | | (Source: Laws 1965, p. 1013.)
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| 1 | | (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
| 2 | | Sec. 7.1. Additional rights and powers.
The Port District | 3 | | has the following additional rights and powers:
| 4 | | (a) To issue permits for the construction of all wharves, | 5 | | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | 6 | | jetties, bridges or other
structures of any kind, over, under, | 7 | | in, or within 40 feet of any navigable
waters within the Port | 8 | | District, for the deposit of rock, earth, sand or
other | 9 | | material, or any matter of any kind or description in such | 10 | | waters;
| 11 | | (b) To prevent and remove obstructions in navigable waters, | 12 | | including
the removal of wrecks or vessels; to recover damages, | 13 | | including attorney fees, for the removal and clean-up of the | 14 | | site or sites and the surrounding or downstream environment; | 15 | | these rights and powers shall include, but are not limited to, | 16 | | emergency powers to seize wrecks or vessels, remediate damages, | 17 | | and provide for the disposition of the wrecks or vessels ;
| 18 | | (c) To locate and establish dock lines and shore or harbor | 19 | | lines;
| 20 | | (d) To regulate the anchorage, moorage and speed of water | 21 | | borne vessels
and to establish and enforce regulations for the | 22 | | operation of bridges;
| 23 | | (e) To acquire, own, construct, lease, operate and maintain | 24 | | terminals,
terminal facilities, port facilities, | 25 | | transportation equipment facilities,
railroads and marinas, | 26 | | and airport facilities
and systems, and to fix and collect |
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| 1 | | just, reasonable, and
non-discriminatory charges for use of | 2 | | such facilities, equipment and
systems. The charges so | 3 | | collected shall be used to defray the reasonable
expenses of | 4 | | the Port District, and to pay the principal of and interest on
| 5 | | any revenue bonds issued by the Port District;
| 6 | | (f) To operate, maintain, manage, lease, sub-lease, and to | 7 | | make and
enter into contracts for the use, operation or | 8 | | management of, and to
provide rules and regulations for, the | 9 | | operation, management or use of, any
public port or public port | 10 | | facility;
| 11 | | (g) To fix, charge and collect reasonable rentals, tolls, | 12 | | fees and
charges for the use of any public port, or any part | 13 | | thereof, or any public
port facility;
| 14 | | (h) To establish, maintain, expand and improve roadways, | 15 | | railroads, and
approaches by land, or water, to any such | 16 | | terminal, terminal facility and
port facilities, and to | 17 | | contract or otherwise provide by condemnation, if
necessary, | 18 | | for the removal of any port, terminal, terminal facilities and
| 19 | | port facility hazards or the removal or relocation of all | 20 | | private
structures, railroads, mains, pipes, conduits, wires, | 21 | | poles, and all other
facilities and equipment which may | 22 | | interfere with the location, expansion,
development or | 23 | | improvement of ports, terminals, terminal facilities and
port | 24 | | facilities or with the safe approach thereto, or exit or | 25 | | takeoff
therefrom by vehicles, vessels, barges and other means | 26 | | of transportation,
and to pay the cost of removal or |
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| 1 | | relocation;
| 2 | | (i) To police its physical property only and all waterways | 3 | | and to
exercise police powers in respect thereto or in respect | 4 | | to the enforcement
of any rule or regulation provided by the | 5 | | ordinances of the District and to
employ and commission police | 6 | | officers and other qualified persons to
enforce such rules and | 7 | | regulations. A regulatory ordinance of the District
adopted | 8 | | under any provisions of this Section may provide for a | 9 | | suspension
or revocation of any rights or privileges within the | 10 | | control of the
District for a violation of any such regulatory | 11 | | ordinance.
| 12 | | (j) To enter into agreements with the corporate authorities | 13 | | or governing
body of any other municipal corporation or any | 14 | | political subdivision of
this State to pay the reasonable | 15 | | expense of services furnished by such
municipal corporation or | 16 | | political subdivision for or on account of income
producing | 17 | | properties of the District;
| 18 | | (k) To enter into contracts dealing in any manner with the | 19 | | objects and
purposes of this Act;
| 20 | | (l) To acquire, own, lease, mortgage, sell , or otherwise | 21 | | dispose of interests in
and to real property and improvements | 22 | | situate thereon and in personal
property necessary to fulfill | 23 | | the purposes of the District;
| 24 | | (m) To designate the fiscal year for the District;
| 25 | | (n) To engage in any activity or operation which is | 26 | | incidental to and in
furtherance of efficient operation to |
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| 1 | | accomplish the District's primary
purpose;
| 2 | | (o) To acquire, erect, construct, maintain and operate | 3 | | aquariums,
museums, planetariums, climatrons and other | 4 | | edifices for the collection and
display of objects pertaining | 5 | | to natural history or the arts and sciences
and to permit the | 6 | | directors or trustees of any corporation or society
organized | 7 | | for the erection, construction, maintenance and operation of an
| 8 | | aquarium, museum, planetarium, climatron or other such edifice | 9 | | to perform
such erection, construction, maintenance and | 10 | | operation on or within any
property now or hereafter owned by | 11 | | or under the control or supervision of
the District; and to | 12 | | contract with any such directors or trustees relative
to such | 13 | | acquisition, erection, construction, maintenance and operation | 14 | | and
to charge or authorize such directors or trustees to charge | 15 | | an admission
fee, the proceeds of which shall be devoted | 16 | | exclusively to such erection,
construction, maintenance and | 17 | | operation;
| 18 | | (p) To do any act which is enumerated in Section 11-74.1-1 | 19 | | of the
"Illinois Municipal Code", in the same manner and form | 20 | | as though the
District were a "municipality" as referred to in | 21 | | such Section;
| 22 | | (q) To acquire, erect, construct, reconstruct, improve, | 23 | | maintain and
operate one or more, or a combination or | 24 | | combinations of, industrial
buildings, office buildings, | 25 | | buildings to be used as a factory, mill shops,
processing | 26 | | plants, packaging plants, assembly plants, fabricating plants,
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| 1 | | and buildings to be used as warehouses and other storage | 2 | | facilities.
| 3 | | (r) To acquire, own, construct, lease or contract for any | 4 | | period not
exceeding 99
years, operate, develop, and maintain | 5 | | Port District water and sewage systems
and other
utility | 6 | | systems and services, including, but not limited to, pipes, | 7 | | mains,
lines, sewers,
pumping stations, settling tanks, | 8 | | treatment plants, water purification
equipment, wells,
storage | 9 | | facilities, lines, and all other equipment, material, and | 10 | | facilities
necessary to those
systems, for the use, upon | 11 | | payment of reasonable fee set by the District, of
any tenant,
| 12 | | occupant, or user of the District facilities or any person | 13 | | engaged in commerce
in the
District; provided that the District | 14 | | shall not acquire, own, construct, lease,
operate,
develop, and | 15 | | maintain the systems and services if those systems and
services | 16 | | can be
provided by an investor-owned public utility offering | 17 | | electric or gas services.
The public
utility shall provide the | 18 | | District with a written response, within 30 days
after | 19 | | receiving a
written request from the District for those systems | 20 | | or services, stating
whether it will or
will not be able to | 21 | | provide the requested systems or services in accordance
with | 22 | | the Public
Utilities
Act.
| 23 | | (Source: P.A. 90-785, eff. 1-1-99.)
| 24 | | (70 ILCS 1830/14) (from Ch. 19, par. 514)
| 25 | | Sec. 14. The District has power to acquire and accept by |
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| 1 | | purchase, lease,
gift, grant or otherwise any property and | 2 | | rights useful for its purposes
and to provide for the | 3 | | development of channels, ports, harbors, airports,
airfields, | 4 | | terminals, port facilities, terminal facilities, trails, and | 5 | | other
transportation facilities within the Port District | 6 | | adequate to serve the
needs of commerce within the area served | 7 | | by the Port District. The Port
District may acquire real or | 8 | | personal property or any rights therein in the
manner, as near | 9 | | as may be, as is provided for the
exercise of the right of | 10 | | eminent domain under the Eminent Domain Act, except that no | 11 | | property owned by any
municipality within the Port District | 12 | | shall be taken or appropriated
without first obtaining consent | 13 | | of the governing body of such municipality.
| 14 | | (Source: P.A. 94-1055, eff. 1-1-07.)
| 15 | | (70 ILCS 1830/20.2)
| 16 | | Sec. 20.2. Authorization to borrow moneys. The District's | 17 | | Board may borrow
money from any bank or other financial | 18 | | institution and may provide appropriate
security , including | 19 | | mortgaging real estate, for that borrowing, if the money is | 20 | | repaid within 20 3 years after the
money is borrowed. | 21 | | "Financial institution" means any bank subject to the
Illinois | 22 | | Banking Act, any savings and loan association subject to the | 23 | | Illinois
Savings and Loan Act of 1985, any savings bank subject | 24 | | to the Savings Bank Act,
and any federally chartered commercial | 25 | | bank or savings and loan association
organized and operated in |
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| 1 | | this State pursuant to the laws of the United States.
| 2 | | (Source: P.A. 94-562, eff. 1-1-06.)
| 3 | | Section 20. The Metropolitan Water Reclamation District | 4 | | Act is amended by changing Section 308 as follows: | 5 | | (70 ILCS 2605/308) | 6 | | Sec. 308. District enlarged. Upon the effective date of | 7 | | this amendatory Act of the 99th General Assembly, the corporate | 8 | | limits of the Metropolitan Water Reclamation District of | 9 | | Greater Chicago are extended to include within those corporate | 10 | | limits the following described tracts of land and the tracts | 11 | | are hereby annexed to the District: | 12 | | Parcel 1: | 13 | | THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION | 14 | | 28, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL | 15 | | MERIDIAN, LYING EAST OF THE EAST RIGHT OF WAY LINE OF | 16 | | ELGIN, JOLIET AND EASTERN RAILROAD, IN COOK COUNTY, | 17 | | ILLINOIS. | 18 | | Parcel 2: | 19 | | THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP | 20 | | 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, | 21 | | (EXCEPT THEREFROM STRIP OFF THE WEST END THEREOF CONVEYED | 22 | | TO JERMIAH H. BROWNING BY DEED RECORDED SEPTEMBER 15TH |
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| 1 | | 1859, AS DOCUMENT 23078 IN BOOK
162, PAGE 619, SAID STRIP | 2 | | BEING THIRTY FOUR AND ONE HALF FEET WIDE AT NORTH END FORTY | 3 | | TWO FEET WIDE AT SOUTH END) IN COOK COUNTY, ILLINOIS.
| 4 | | PARCEL 3: | 5 | | THAT PART OF HIGGINS ROAD (ILLINOIS ROUTE 72) LYING WITHIN | 6 | | THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION | 7 | | 33 AND THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP | 8 | | 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, | 9 | | EAST OF THE EAST RIGHT OF WAY LINE OF ELGIN, JOLIET AND | 10 | | EASTERN RAILWAY, SOUTH OF THE NORTHERLY RIGHT OF WAY LINE | 11 | | OF STATE ROUTE 72 PER DOCUMENT 12059405 AND AS SHOWN ON | 12 | | PLAT OF SURVEY RECORDED AS DOCUMENT 12647596 AND NORTH OF | 13 | | THE FOLLOWING DESCRIBED PROPERTY: STARTING AT A POINT AT | 14 | | THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE | 15 | | SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 | 16 | | EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 | 17 | | DEGREES 09 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF | 18 | | AFORESAID NORTHWEST QUARTER, 1769.41 FEET TO A POINT ON THE | 19 | | SOUTH RIGHT-OF-WAY LINE OF HIGGINS ROAD (STATE ROUTE 72); | 20 | | THENCE NORTHWEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF | 21 | | HIGGINS ROAD, NORTH 69 DEGREES 18 MINUTES 06 SECONDS WEST, | 22 | | 1821.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF ELGIN, | 23 | | JOLIET AND EASTERN RAILWAY; THENCE SOUTH 10 DEGREES 55 | 24 | | MINUTES 12 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY | 25 | | LINE, 1122. 49 FEET TO A POINT ON THE SOUTH LINE OF THE |
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| 1 | | NORTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89 DEGREES 57 | 2 | | MINUTES 40 SECONDS EAST, 695.32 FEET; THENCE SOUTH 01 | 3 | | DEGREES 01 MINUTES 09 SECONDS WEST, 280.10 FEET; THENCE | 4 | | SOUTH 02 DEGREES 21 MINUTES 40 SECONDS WEST, 1036.29 FEET | 5 | | TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST | 6 | | QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 EAST; | 7 | | THENCE SOUTH 89 DEGREES 46 MINUTES 32 SECONDS WEST ALONG | 8 | | AFORESAID NORTH LINE, 901.63 FEET TO THE EASTERLY | 9 | | RIGHT-OF-WAY LINE OF ELGIN, JOLIET AND EASTERN | 10 | | RIGHT-OF-WAY; THENCE SOUTH 10 DEGREES 55 MINUTES 12 SECONDS | 11 | | WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1387.00 FEET TO | 12 | | THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLLWAY | 13 | | (I-90); THENCE SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST, | 14 | | 81.72 FEET; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES | 15 | | 53 SECONDS EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY | 16 | | LINE, 1514.13 FEET; THENCE NORTH 74 DEGREES 11 MINUTES 48 | 17 | | SECONDS EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, | 18 | | 471.85 FEET; THENCE NORTH 50 DEGREES 25 MINUTES 36 SECONDS | 19 | | EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY , 501.95 FEET | 20 | | TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST | 21 | | QUARTER OF AFORESAID SECTION 33; THENCE NORTH 00 DEGREES 04 | 22 | | MINUTES 16 SECONDS EAST ALONG SAID EAST LINE, 932.35 FEET | 23 | | TO THE POINT OF BEGINNING, ALL IN COOK COUNTY ILLINOIS. | 24 | | (Source: P.A. 99-231, eff. 8-3-15.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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