State of Illinois
92nd General Assembly

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 1        AN ACT relating to academic centers of excellence.

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

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Metro East Academy District Act.

 6        Section 5.  Creation of district.  The Metro East Academy
 7    District, hereinafter called the District, is hereby created.
 8    The territory of the District shall consist of the contiguous
 9    territory within the boundaries  of  Madison  and  St.  Clair
10    Counties.   The  District  is  created  to attract and retain
11    academic  centers  of  excellence,  technology  and  research
12    centers, and such other educational resource  facilities  and
13    uses as are permitted by this Act.

14        Section 10.  Metro East Academy District Commission.
15        (a)  There is hereby created a body politic and corporate
16    under the corporate name of the Metro East  Academy  District
17    Commission,  hereinafter called the Commission, whose general
18    purpose in  addition  to  and  not  in  limitation  of  those
19    purposes  and  powers set forth in other Sections of this Act
20    shall be to:
21             (1)  maintain the proper surroundings  for  academic
22        centers of excellence and related technology and resource
23        centers  in  order  to  attract  and  retain  therein (i)
24        training  and   continuing   education   facilities   for
25        teachers,  administrators,  and other educators, and (ii)
26        computer    technology,     distance     learning     and
27        telecommunication,   laboratory,  library,  research  and
28        related  educational  resource  facilities  as  permitted
29        under this Act; and
30             (2)  provide for the orderly creation and  expansion
                            -2-                LRB9207474LDpr
 1        of  (i) various county, and local governmental facilities
 2        as permitted under this  Act,  (ii)  other  ancillary  or
 3        related  facilities which the Commission may from time to
 4        time determine  are  established  and  operated  for  any
 5        aspect  of  the carrying out of the Commission's purposes
 6        as set forth in this Act, or are established and operated
 7        to  promote  educational,  technological,  or  scientific
 8        research and knowledge as permitted under this  Act,  and
 9        (iii)  research  and high technology parks, together with
10        the necessary lands,  buildings,  facilities,  equipment,
11        and personal property therefor.
12        (b)  The  Commission  shall  have  perpetual  succession,
13    power  to contract and be contracted with, to sue and be sued
14    except  in  actions  sounding  in  tort,  to  plead  and   be
15    impleaded,  to  have  and use a common seal, and to alter the
16    same at pleasure. All actions sounding in  tort  against  the
17    Commission  shall  be  prosecuted in the Court of Claims. The
18    principal office of the Commission shall be in the Village of
19    Cahokia, and the Commission may establish such other  offices
20    within  the  State  of  Illinois  at  such  places  as to the
21    Commission shall seem advisable. The Commission shall consist
22    of 9 members, 4 of whom shall be appointed  by  the  Governor
23    (one  of whom shall be a representative of private industry),
24    one of whom shall be appointed by the Mayor of Cahokia, 2  of
25    whom shall be appointed, one each, by the chairpersons of the
26    County  Boards  of  Madison  and  St. Clair Counties, and the
27    other 2 of whom shall  be  the  persons  from  time  to  time
28    serving  as  the  regional superintendents of schools for the
29    Madison County educational service region and the  St.  Clair
30    County  educational  service  region.   All appointed members
31    shall hold office for a term  of  5  years  and  until  their
32    successors  are  appointed as provided in this Act; provided,
33    that as soon as possible after the  effective  date  of  this
34    Act, the Governor shall appoint 4 members for terms expiring,
                            -3-                LRB9207474LDpr
 1    respectively,  on  June  30,  2004, 2005, 2006, and 2007. The
 2    other 3 appointed members shall draw lots to serve for  terms
 3    expiring, respectively, on June 30, 2005, 2006, and 2007. Any
 4    vacancy   in   an  appointed  membership  of  the  Commission
 5    occurring   by   reason   of    the    death,    resignation,
 6    disqualification,  removal, or inability or refusal to act of
 7    an appointed member shall be filled by  the  person  who  had
 8    appointed  the  particular member, and for the unexpired term
 9    of office of that particular member. A vacancy caused by  the
10    expiration  of  the period for which the member was appointed
11    shall be filled by a new appointment for a term  of  5  years
12    from  the  date  of  such expiration of the prior 5 year term
13    notwithstanding when such appointment is actually  made.  The
14    Commission  shall  obtain,  pursuant to the provisions of the
15    Personnel Code, such personnel as  to  the  Commission  shall
16    seem  advisable to carry out the purposes of this Act and the
17    work of the Commission.  The Commission may appoint a General
18    Attorney and define the duties of that General Attorney.
19        The  president  of  the  Commission  shall  be  appointed
20    annually  by  the  Governor  from  the  membership   of   the
21    Commission.   The  Commission  shall  hold  regular  meetings
22    annually for the election of a vice-president, secretary, and
23    treasurer and for the adoption of a budget. Special  meetings
24    may  be  called  by  the  president or by any 3 members. Each
25    member  shall  take  an  oath  of  office  for  the  faithful
26    performance of his duties. Five  members  of  the  Commission
27    shall constitute a quorum for the transaction of business.
28        The  Commission shall submit, to the General Assembly not
29    later than March 1 of  each  odd-numbered  year,  a  detailed
30    report  covering  its operations for the 2 preceding calendar
31    years and a statement of its program for the next 2 years.
32        The requirement for reporting  to  the  General  Assembly
33    shall  be  satisfied  by filing copies of the report with the
34    Speaker, the Minority Leader and the Clerk of  the  House  of
                            -4-                LRB9207474LDpr
 1    Representatives  and  the  President, the Minority Leader and
 2    the Secretary of the  Senate  and  the  Legislative  Research
 3    Unit,  as  required  by  Section  3.1 of the General Assembly
 4    Organization Act,  and filing such additional copies with the
 5    State Government Report Distribution Center for  the  General
 6    Assembly  as  is required under paragraph (t) of Section 7 of
 7    the State Library Act.

 8        Section 15.  Grants; loans;  contracts.   The  Commission
 9    may  apply  for  and  accept grants, loans, or appropriations
10    from the State of Illinois, the federal government, any State
11    or federal agency or instrumentality, or any other person  or
12    entity to be used for any of the purposes of the District and
13    enter  into  any  agreement  with  the State of Illinois, the
14    federal government, any State or federal instrumentality,  or
15    any  person  or  entity  in  relation to the grants, matching
16    grants, loans, or appropriations.  The Commission  also  may,
17    by  contractual  agreement, accept and collect assessments or
18    fees for District enhancement and improvements,  common  area
19    shared  services,  shared  facilities, or other activities or
20    expenditures in furtherance of the purposes of this Act.

21        Section 20.  Property; acquisition.   The  Commission  is
22    authorized  to  acquire the fee simple title to real property
23    lying within the District and personal property required  for
24    its  purposes,  by gift, purchase, or other form of transfer,
25    except the Commission shall have no power to acquire title or
26    any other interest in any property by exercise of  the  power
27    of  eminent  domain;  and title thereto shall be taken in the
28    corporate name of the Commission.

29        Section  25.  Authority  to  construct  or  acquire.  The
30    Commission may, in its corporate capacity, construct or cause
31    or permit to be constructed in the District academic  centers
                            -5-                LRB9207474LDpr
 1    of  excellence  and  related technology and resource centers,
 2    including training and continuing  education  facilities  for
 3    teachers,   administrators,  and  other  educators,  computer
 4    technology  and  distance  learning   and   telecommunication
 5    facilities,   laboratories,   and   any   other  institution,
 6    building, structure or other ancillary or related  facilities
 7    which  the  Commission  may, from time to time, determine are
 8    established and operated for the carrying out of  any  aspect
 9    of  the  Commission's purpose as set forth in this Act, or as
10    are  established  and  operated    to  promote   educational,
11    technological,  or  scientific research and knowledge, or for
12    any uses the Commission  shall  determine  will  support  and
13    nurture  facilities  and uses permitted by this Act. All such
14    structures and improvements shall be erected and  constructed
15    in  accordance  with  Section  49 of the Civil Administrative
16    Code of Illinois, and the Illinois  Purchasing  Act,  to  the
17    same  extent as if the Commission were a Code Department. The
18    Commission shall administer and exercise  ultimate  authority
19    with  respect  to  the development and operation of the Metro
20    East Technology Park on the former site of Parks  College  at
21    Cahokia,  Illinois,  and any extensions or expansion thereof.
22    In addition, the Commission  may  create  and  designate  the
23    boundaries of a development area on lands within the District
24    that  are compact and contiguous to the Metro East Technology
25    Park, called  the  District  Development  Area.   Within  the
26    District  Development  Area  the  Commission  may cause to be
27    acquired  or  constructed  commercial  and  other  types   of
28    development, public and private, if the Commission determines
29    that   the  commercial  developments  are  ancillary  to  and
30    necessary for the support of facilities within  the  District
31    and  any  other  purposes  of  the  District,  after a public
32    hearing held by a Commissioner or the  person  authorized  by
33    the  Commission  to conduct the hearing.  The Commissioner or
34    other authorized persons shall have the power  to  administer
                            -6-                LRB9207474LDpr
 1    oaths  and  affirmations,  take  the  testimony of witnesses,
 2    receive pertinent evidence, and certify  the  record  of  the
 3    hearing  to  the Commission.  The record of the hearing shall
 4    become part of the Commission's records.  Notice of the time,
 5    place, and purpose of the hearing shall be given by a  single
 6    publication   notice   in  a  secular  newspaper  of  general
 7    circulation in the Counties of Madison and St. Clair at least
 8    10 days before the date of the hearing.  In addition  to  the
 9    powers  set  forth  above,  the  Commission  may sell, lease,
10    develop,  operate,  and  manage   for   any   person,   firm,
11    partnership, or corporation, either public or private, all or
12    any  part  of  the land, buildings, facilities, equipment, or
13    other property included in the District Development Area  and
14    any   high  technology  park  or  the  designated  commercial
15    development area upon the terms and conditions the Commission
16    may deem advisable,  and  may  enter  into  any  contract  or
17    agreement with any person, firm, partnership, or corporation,
18    either   public   or  private,  or  any  combination  of  the
19    foregoing, as may be necessary or suitable for the  creation,
20    marketing,    development,    construction,   reconstruction,
21    rehabilitation, financing,  operation  and  maintenance,  and
22    management   of   the   District  Development  Area  and  any
23    technology park or designated  commercial  development  area;
24    and  may  sell  or lease to any person, firm, partnership, or
25    corporation, either public or private, any part or all of the
26    land, building, facilities, equipment, or other  property  of
27    the  park  or the designated commercial development area upon
28    the rentals, terms, and conditions as the Commission may deem
29    advisable; and may finance all or part of  the  cost  of  the
30    Commission's   development  and  operation  of  the  District
31    Development Area as  well  as  any  park  or  the  designated
32    commercial   development   area,   including   the  creation,
33    marketing,  development,   purchase,   lease,   construction,
34    reconstruction,   rehabilitation,   improvement,  remodeling,
                            -7-                LRB9207474LDpr
 1    addition to, extension, and maintenance of all or part of the
 2    high technology park or the designated commercial development
 3    area, and  all  equipment  and  furnishings,  by  legislative
 4    appropriations,  government grants, contracts, private gifts,
 5    loans, bonds, receipts from the sale or lease of land for the
 6    operation of the District and any high technology park or the
 7    designated commercial development area, rentals, and  similar
 8    receipts  or  other  sources of revenue legally available for
 9    these purposes. The Commission also may defray  the  expenses
10    of  the  operation  of  the  District  Development  Area  and
11    technology  park,  improvements  to  the District Development
12    Area and  technology  park,  provision  of  shared  services,
13    common facilities and common area expenses, benefiting owners
14    and  occupants  of  property  within the District Development
15    Area and the technology park by general  assessment,  special
16    assessment, or the imposition of service or user fees.  As to
17    the  entities eligible to be members of the advisory District
18    Member  Council,  such  assessments  or  impositions  may  be
19    undertaken only  with  District  Member  Council  consent  as
20    provided in Section 70.

21        Section 30.  Revenue bonds. To obtain the funds necessary
22    for  financing  the  acquisition  of land, the acquisition or
23    construction of any building hereinabove mentioned,  and  for
24    the  operation  of  the District as is in this Act set forth,
25    the Commission may borrow money from any  public  or  private
26    agency, department, corporation or person. In evidence of and
27    as  security  for  funds  borrowed,  the Commission may issue
28    revenue bonds in its corporate capacity to  be  payable  from
29    the  revenues  derived from the operation of the institutions
30    or buildings, owned, leased, or operated by or on  behalf  of
31    the Commission, but the bonds shall in no event constitute an
32    indebtedness  of  the  Commission  or  a  claim  against  the
33    property  of the Commission. Such bonds may be issued in such
                            -8-                LRB9207474LDpr
 1    denominations as may be expedient, and in such amounts and at
 2    such rates of interest as the Commission shall deem necessary
 3    to provide sufficient funds to pay all the costs of acquiring
 4    land, the construction, acquisition, equipping and  operation
 5    of  buildings  within the district, including engineering and
 6    other expenses. Such bonds shall be executed by the president
 7    of the Commission, attested  by  the  secretary  thereof  and
 8    sealed  with  the Commission's corporate seal. In case either
 9    of said officers of the Commission who shall have  signed  or
10    attested  any  of  such  bonds  shall  have ceased to be such
11    officer before delivery of such bonds, the signature of  such
12    officer  shall  be valid and sufficient to the same effect as
13    if such officer had remained in office at the  time  of  such
14    delivery.  The Commission shall furnish the State Comptroller
15    with a record of all bonds issued under this Act.

16        Section 35.  Internal and procedural audit authority. The
17    Department of Central Management Services shall exercise  the
18    same  powers  in regard to the Commission as it exercises for
19    Code  Departments   under   Section   35.4   of   the   Civil
20    Administrative Code of Illinois.

21        Section  40.  Sale  or  lease of Commission property. The
22    Commission may sell, convey, transfer, or lease any title  or
23    interest in real estate owned by it to any person or persons,
24    to  be used, subject to the restrictions of this Act, for the
25    purposes stated in Section 25, or for the purpose of  serving
26    persons  using  the facilities offered within the District or
27    for carrying out of any aspect of the Commission's purpose as
28    set forth  in  Section  10  of  this  Act,  subject  to  such
29    restrictions  as  to  the use thereof as the Commission shall
30    determine will carry out the purpose of this Act.  To  assure
31    that  the  use  of  the real property so sold or leased is in
32    accordance with the provisions of this  Act,  the  Commission
                            -9-                LRB9207474LDpr
 1    shall   inquire   into  and  satisfy  itself  concerning  the
 2    financial ability of the purchaser to  complete  the  project
 3    for  which  that  real estate is sold or leased in accordance
 4    with a plan to be presented by the purchaser or lessee, which
 5    plan shall be submitted, in writing, to the  Commission.  The
 6    purchaser  or  lessee  shall under such plan undertake (1) to
 7    use the land for the  purposes  designated  in  the  plan  so
 8    presented;  (2)  to commence and complete the construction of
 9    the buildings or other  structures  to  be  included  in  the
10    project  within  such periods of time as the Commission fixes
11    as reasonable; and (3) to comply with such  other  conditions
12    as  the Commission shall determine are necessary to carry out
13    the project. Any real property sold by the  Commission  under
14    this Act shall be sold at its use value, which may be more or
15    less   than   its  acquisition  cost,  and  which  use  value
16    represents the value  at  which  the  Commission  determines,
17    after  a  hearing  by  the Commission or by a person that the
18    Commission designates to hold  the  hearing,  that  the  real
19    property should be made available for sale or rental in order
20    that  it  may be developed to accomplish the purposes of this
21    Act. In determining the use value of the real  property,  the
22    Commission  shall  take into consideration whether or not the
23    property is to be used by a wholly or partially tax supported
24    body created under the laws of the State of Illinois, by  any
25    department   of   the   State  government  or  any  political
26    subdivision of the State, by a charitable institution, or  by
27    a private person or institution operating for profit; and the
28    Commission  shall  also  consider  the  contribution that the
29    project will make toward the development of the District  and
30    the  furtherance  of  the purposes of this Act in determining
31    such use price. However, the Commission may  convey  the  fee
32    simple  title  to land acquired by it, without the payment of
33    any consideration, to the State of  Illinois,  any  political
34    subdivision  thereof, or to any body politic and corporate or
                            -10-               LRB9207474LDpr
 1    public corporation created under the laws  of  the  State  of
 2    Illinois  for  the carrying out of any function of the State.
 3    At any hearing for the purpose of the Commission's making the
 4    aforesaid determinations, an investigation should be made and
 5    such witnesses and documentary evidence examined as will have
 6    bearing on the use value of the property to be sold or leased
 7    as is herein  provided.  The  Commission  shall  designate  a
 8    Commissioner  or  other  person  of  legal age to conduct the
 9    hearing, and the Commissioner or other person  so  designated
10    shall give reasonable notice to the interested parties of the
11    time,  place, and purpose for the holding of the hearing. The
12    Commissioner or other person designated by the Commission  to
13    hold the hearing shall have the power to administer oaths and
14    affirmations,  shall  cause  to  be  taken  the  testimony of
15    witnesses and  the  production  of  papers,  books,  records,
16    accounts,  and documents, and shall certify to the Commission
17    the record of the proceedings  held  before  him  or  her  in
18    connection  with the hearing. The record of proceedings shall
19    become  a  part  of  the  records  of  the  Commission.   All
20    conveyances and leases authorized in this Section shall be on
21    condition  that,  in  the  event  of  use  for other than the
22    purposes prescribed in this Act, or of nonuse for a period of
23    one  year,  title  to  such  property  shall  revert  to  the
24    Commission. All conveyances and leases made by the Commission
25    to any corporation or person serving or using the  facilities
26    offered within the District shall be on condition that in the
27    event  of  violation of any of the restrictions as to the use
28    thereof as the Commission shall have  determined  will  carry
29    out  the  purposes  of  this Act, that title to such property
30    shall revert to the Commission. However,  if  the  Commission
31    finds  that  financing necessary for the acquisition or lease
32    of any real estate or for the construction of any building or
33    improvement to be used for purposes prescribed  in  this  Act
34    cannot  be  obtained  if  title  to  the  land or building or
                            -11-               LRB9207474LDpr
 1    improvement is subject  to  such  reverter  provision,  which
 2    finding  shall be made by the Commission after public hearing
 3    held pursuant to a  single  publication  notice  given  in  a
 4    secular  newspaper  of general circulation in the Counties of
 5    Madison and St. Clair at least 10 days prior to the  date  of
 6    such  hearing,  such  notice  to specify the time, place, and
 7    purpose for such hearing, and upon such finding  being  made,
 8    the  Commission  may  cause such real property to be conveyed
 9    free of such reverter provision, provided  that  at  least  5
10    members   of  the  Commission  vote  in  favor  thereof.  The
11    Commission may also provide in the  conveyances,  leases,  or
12    other  documentation provisions for notice of such violations
13    or default and the cure thereof for the benefit of any lender
14    or  mortgagee  as  the   Commission   shall   determine   are
15    appropriate.  If,  at  a  regularly  scheduled  meeting,  the
16    Commission  resolves  that  a parcel of real estate leased by
17    it, or in which it has sold  the  fee  simple  title  or  any
18    lesser  estate, is not being used for the purposes prescribed
19    in this Act or has been in nonuse for a period of  one  year,
20    the Commission may file a lawsuit in the circuit court of the
21    county  in which the property is located to enforce the terms
22    of the sale or lease. In the event a reverter of title to any
23    property is ordered by the court pursuant  to  the  terms  of
24    this  Act, the interest of the Commission shall be subject to
25    any then existing valid mortgage or trust deed in the  nature
26    of  a  mortgage,  but  in  case the title is acquired through
27    foreclosure of such mortgage or trust deed or by deed in lieu
28    of foreclosure of such mortgage or trust deed, then the title
29    to the property shall not revert, but shall be subject to the
30    restrictions as to use,  but  not  any  penalty  for  nonuse,
31    contained  in  this  Act  with  respect  to  any mortgagee in
32    possession or its successor or assigns.
33        No conveyance of real property shall be executed  by  the
34    Commission   without   the  prior  written  approval  of  the
                            -12-               LRB9207474LDpr
 1    Governor. Commission property leased or  occupied  by  others
 2    for  purposes permitted under this Act or Commission property
 3    held for redevelopment shall not  constitute  "property"  for
 4    the purposes of the State Property Control Act.

 5        Section 45.  Notice to grantees and lessees. Prior to the
 6    holding  of  any  public  hearing prescribed in Section 40 of
 7    this Act,  or  any  meeting  regarding  the  passage  of  any
 8    resolution  to  file  a  lawsuit,  the  Commission shall give
 9    notice to the grantee or lessee, or his, her, or their  legal
10    representatives,  successors,  or  assigns,  of  the time and
11    place of such proceeding. The notice shall be accompanied  by
12    a  statement signed by the secretary of the Commission, or by
13    any person authorized by the Commission  to  sign  the  same,
14    setting forth any act or things done or omitted to be done in
15    violation,  or claimed to be in violation, of any restriction
16    as to the use of such property, whether that  restriction  is
17    prescribed  in  any  of  the  terms  of  this  Act  or by any
18    restriction as to the use of such property determined by  the
19    Commission  under  the  terms  of this Act. The notice of the
20    time and place fixed for the proceeding shall also  be  given
21    to  such  person  or  persons  as  the  Commission shall deem
22    necessary. The notice  shall  be  given  by  certified  mail,
23    return  receipt requested, addressed to such grantee, lessee,
24    or to their legal representatives, successors, or assigns, at
25    the last known address of  such  grantee,  lessee,  or  their
26    legal representatives, successors, or assigns.

27        Section  50.  Rules.  The  Commission shall have power to
28    adopt reasonable and proper rules relative to the exercise of
29    its powers, and proper rules to govern its proceedings and to
30    regulate the mode and manner of all hearings held by it or at
31    its direction, and to alter and amend those rules.
                            -13-               LRB9207474LDpr
 1        Section 55.  Evidence. Copies of all official  documents,
 2    findings,  and  orders  of  the  Commission,  certified  by a
 3    Commissioner or by the secretary of the Commission to be true
 4    copies of the originals thereof, under the official  seal  of
 5    the  Commission,  shall  be  evidence  in  like manner as the
 6    originals.

 7        Section 60.  Judicial review.  Any  party  may  obtain  a
 8    judicial review of final orders or decision of the Commission
 9    in  the  circuit  court  of  the county in which the property
10    involved in the proceeding is situated, or if  such  property
11    is  situated in more than one county, then of any one of such
12    counties, only under and in accordance with the provisions of
13    the Administrative Review Law. The circuit court  shall  take
14    judicial notice of all the rules of practice and procedure of
15    the Commission.

16        Section  65.  Park land. The Commission may set apart any
17    part of the District as a park and  may  construct,  control,
18    and  maintain  the  same  or may provide by contract with the
19    corporate authorities of the  unit  of  local  government  in
20    which  the  park  is  to  be  located  for  the construction,
21    control, and maintenance of the area within the District  set
22    apart as a park.

23        Section  70.  Master  plan; improvement and management of
24    District; building regulations; zoning.  The Commission shall
25    prepare  a  comprehensive  master  plan   for   the   orderly
26    development   of   all  property  within  the  District.  The
27    Commission shall so improve and manage  the  District  as  to
28    provide  conditions most favorable for the purposes described
29    in Section 25. The Commission  shall,  by  ordinance  in  the
30    manner   hereinafter   set  forth,  classify,  regulate,  and
31    restrict the  location  and  construction  of  all  buildings
                            -14-               LRB9207474LDpr
 1    within  the  District,  shall regulate the height and size of
 2    such buildings, determine the area of open space  within  and
 3    around   such   buildings,  fix  standards  of  construction,
 4    control, and regulate additions to or alterations of existing
 5    buildings and prohibit the use of  buildings  and  structures
 6    incompatible  with  the character of the District, to the end
 7    that adequate light, air, quietness, and safety from fire and
 8    other dangers may be  secured.   However,  the  power  herein
 9    conferred  shall  not be so exercised as to deprive any owner
10    of any existing property of its use or  maintenance  for  the
11    purpose  to which it is now lawfully devoted nor to limit the
12    expansion, design, location, maintenance, use,  or  occupancy
13    of real property to be used by any governmental body, agency,
14    or instrumentality.
15        The  Commission shall request the planning commissions of
16    the units of local government in whose territory the District
17    is located to recommend appropriate  zoning  regulations  for
18    the  District.  If,  at  the  end  of  60 days following such
19    request, an ordinance or ordinances have not  been  submitted
20    by  any  such  planning  commission  to  the  Commission, the
21    Commission may prepare a  zoning  ordinance  either  with  or
22    without  the  advice  of  any such local planning commission.
23    When  such  zoning  ordinance  is  ready  for  adoption,  the
24    Commission shall cause notice  of  a  public  hearing  to  be
25    posted  in at least 4 conspicuous places within the District,
26    at least 10 days before the date of such  hearing.  It  shall
27    also  publish  notice  of  such  hearing in some newspaper of
28    general circulation in the Counties of Madison and St.  Clair
29    for 3 consecutive days. The hearing shall be held not earlier
30    than  10  days  after  the date of the last publication. Both
31    types of notice shall contain the  time  and  place  of  such
32    hearing  and the place where copies of the proposed ordinance
33    may be examined. The hearing shall be held at  the  time  and
34    place  specified  and  shall  be  adjourned from time to time
                            -15-               LRB9207474LDpr
 1    until all interested parties have had an  opportunity  to  be
 2    heard.  The  Commission shall invite the planning commissions
 3    for the units of local  government  in  whose  territory  the
 4    District  is located to attend such hearing and shall ask for
 5    suggestions  of  those  planning  commissions   as   to   the
 6    modification   of   the  proposed  ordinance.   However,  all
 7    ordinances adopted by the Commission shall be subject to  all
 8    restrictions  upon the use and maintenance of property within
 9    the District prescribed by the zoning ordinances of the units
10    of local government in which the property is located.   After
11    the  adoption  of  such  zoning ordinance or any other proper
12    ordinance of the Commission, it may institute any appropriate
13    action to prevent  or  abate  any  unlawful  act  within  the
14    District.    Any  government body, agency, or instrumentality
15    owning or occupying property within the District may  consent
16    to  be  bound  in  whole or in part by the provisions of such
17    master  plan  or  development  ordinance   adopted   by   the
18    Commission.  The Commission may establish an advisory council
19    of  2  representatives  of each of the major district members
20    owning or occupying facilities within the District totaling a
21    minimum of 500,000 square  feet.  Council  members  shall  be
22    appointed  by  and  serve at the pleasure of their respective
23    governing boards.  The council may assist the  Commission  in
24    the    fulfillment    of    its    statutory   purposes   and
25    responsibilities and the maintenance of the District.  At the
26    Commission's  request,  the  council  may  review  and   make
27    recommendations   to  the  Commission  with  respect  to  the
28    comprehensive master plan to be adopted by the Commission  or
29    any plan of development or occupancy of its facilities within
30    the  District presented to the Commission by any governmental
31    body, agency, or instrumentality.  The Commission may upon  a
32    unanimous  request of the council provide for shared services
33    and  facilities  within  the  District  for  members  of  the
34    council.  The Commission may provide, contract, and construct
                            -16-               LRB9207474LDpr
 1    facilities and charge and collect fees  necessary  to  supply
 2    these  shared  services  and  facilities  so  approved.   The
 3    Commission  may  utilize any powers specified within this Act
 4    regardless of geographic boundary for  or  in  support  of  a
 5    specific project, activity, or development if that request is
 6    made  by  a unanimous recommendation of all of the members of
 7    the member council.

 8        Section 75.  Jurisdiction of units of  local  government.
 9    This  Act shall not be construed to limit the jurisdiction of
10    any unit of local government in whose territory the  District
11    is  located  nor  to  impair  any  power  now possessed by or
12    hereafter granted to  any  such  unit  of  local  government,
13    except  such  as  are  expressly granted to the Commission by
14    Section 70 of this Act. The property of the Commission  shall
15    be exempt from taxation, and shall be subject to condemnation
16    by  the  State and any municipal corporation or agency of the
17    State for any State or municipal purpose under the provisions
18    for the exercise of the right of eminent domain under Article
19    VII of the Code of Civil Procedure, as amended.

20        Section 80.  Disposition of money; income fund. All money
21    received by the Commission from the  sale  or  lease  of  any
22    property, in excess of such amount expended by the Commission
23    for authorized purposes under this Act or as may be necessary
24    to satisfy the obligation of any revenue bond issued pursuant
25    to  Section  30,  shall  be  paid into the State Treasury for
26    deposit into the Metro East Academy  Commission  Income  Fund
27    which is hereby created in the State Treasury; provided, that
28    the  Commission  is  authorized  to use all money received as
29    rentals  for  the  purposes  of  planning,  acquisition,  and
30    development  of  property  within  the  District,   for   the
31    operation,  maintenance,  and  improvement of property of the
32    Commission, and for all purposes and powers set forth in this
                            -17-               LRB9207474LDpr
 1    Act.  Beginning in 2003, not later than July 10 of each year,
 2    the Commission shall transmit  to  the  State  Treasurer  for
 3    deposit  into  the  Metro East Academy Commission Income Fund
 4    all moneys on hand on the preceding  June  30  in  excess  of
 5    $350,000 without deduction or offset of any kind, except that
 6    the  Commission  may  retain  such  additional  funds  as are
 7    necessary to pay enforceable contractual obligations existing
 8    as of June 30 and which will be paid not later than September
 9    30 of that year.  All moneys  retained  for  the  payment  of
10    these  obligations and not paid out by September 30, shall be
11    remitted in full to the State Treasury, without deduction  or
12    offset  of  any  kind,  not later than October 10 of the same
13    year. All moneys held  pursuant  to  this  Section  shall  be
14    maintained  in  a depository approved by the State Treasurer.
15    The Auditor General shall,  at  least  biennially,  audit  or
16    cause   to  be  audited  all  records  and  accounts  of  the
17    Commission pertaining to the operation of the District.

18        Section 85.  Severability. If any provision of  this  Act
19    is held invalid, such provision shall be deemed to be excised
20    from this Act and the invalidity thereof shall not affect any
21    of  the  other  provisions of this Act. If the application of
22    any provision of this Act to any person  or  circumstance  is
23    held  invalid,  it  shall  not affect the application of such
24    provision to persons or circumstances other than those as  to
25    which it is held invalid.

26        Section  90.   Legal Advisor. The Attorney General of the
27    State of Illinois shall be the legal  advisor  to  and  shall
28    prosecute  or defend, as the case may be, all actions brought
29    by or against the Commission.

30        Section 97.  The State Finance Act is amended  by  adding
31    Section 5.545 as follows:
                            -18-               LRB9207474LDpr
 1        (30 ILCS 105/5.545 new)
 2        Sec.  5.545.  The  Metro  East  Academy Commission Income
 3    Fund.

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