State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0147

SB430 Enrolled                                 LRB9101099WHdv

    AN ACT to amend the Illinois  Municipal  Code  by  adding
Section 11-90-6 and re-enacting Section 11-90-5.

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

    Section 5.  The Illinois Municipal  Code  is  amended  by
adding Section 11-90-6 as follows:

    (65 ILCS 5/11-90-6 new)
    Sec.    11-90-6.   Continuation   of   Section   11-90-5;
validation.
    (a)  The General Assembly finds and declares that:
         (1)  When Section 11-90-5 was  originally  added  to
    this  Code  by  Public  Act 89-699, effective January 16,
    1997, it included a provision that repealed  the  Section
    on June 30, 1998.
         (2)  House  Bill  2746  of the 90th General Assembly
    included a provision that amended Section 11-90-5 of this
    Code to make that Section's repeal date  June  30,  1999.
    House Bill 2746 passed both houses on May 19, 1998. House
    Bill 2746 provided that the changes to Section 11-90-5 of
    this Code took effect upon becoming law.  House Bill 2746
    was  sent  to  the  Governor on June 17, 1998. House Bill
    2746 was not approved by the Governor  until  August  14,
    1998. House Bill 2746 became Public Act 90-755.
         (3)  The  Statute  on  Statutes  sets  forth general
    rules on the repeal of statutes, but Section  1  of  that
    Act  also  states  that  these rules will not be observed
    when the result would be "inconsistent with the  manifest
    intent  of  the  General  Assembly  or  repugnant  to the
    context of the statute".
         (4)  The actions of  the  General  Assembly  clearly
    manifest  the intention of the General Assembly to change
    the repeal date of Section 11-90-5 of this Code  to  June
    30, 1999.
         (5)  Any  construction  of  Section  11-90-5 of this
    Code that results in the repeal of that Section  on  June
    30,  1998  would be inconsistent with the manifest intent
    of the General Assembly.
    (b)  It is hereby declared to have been the intent of the
General Assembly, in enacting Public Act 90-755, that Section
11-90-5 of this Code be changed to make  September  30,  1999
the  repeal  date  of  Section 11-90-5 of this Code, and that
Section 11-90-5 of this Code  therefore  not  be  subject  to
repeal on June 30, 1998.
    (c)  Section 11-90-5 of this Code shall be deemed to have
been  in continuous effect since the effective date of Public
Act 89-699, and it shall continue to be in effect until it is
otherwise repealed.
    (d)  All actions taken in  reliance  on  or  pursuant  to
Section  11-90-5  of  this  Code  by any officer or agency of
State government or any other person or entity are validated.
    (e)  To ensure the continuing  effectiveness  of  Section
11-90-5  of this Code, it is set forth in full and re-enacted
by this amendatory Act.  This re-enactment is intended  as  a
continuation   of  that  Section.   It  is  not  intended  to
supersede any amendment to that Section that  is  enacted  by
the General Assembly.
    (f)  Section  11-90-5 of this Code applies to all claims,
civil actions,  and  proceedings  pending  on  or  filed  on,
before, or after the effective date of this amendatory Act.
    (g)  This Section is repealed on September 30, 1999.

    Section  10.  Section  11-90-5  of the Illinois Municipal
Code is re-enacted as follows:

    (65 ILCS 5/11-90-5)
    Sec.  11-90-5.  The  Capital  City  Railroad   Relocation
Authority; transfer of property and powers.
    (a)  Effective December 31, 1996:
         (1)  All of the property still vested in the Capital
    City  Railroad  Relocation  Authority  on  that  date for
    Useable Segment 3 shall thereupon vest  in  the  City  of
    Springfield,   which   shall  have  the  power  to  sell,
    transfer, exchange, or assign that property as  it  shall
    deem  appropriate,  subject  to  the  agreements that the
    Authority had entered into with respect to that property;
    and
         (2)  All  of  the  statutory  powers   and   duties,
    including  but  not  limited  to  the  power  to  acquire
    property  exchanged  by  the  railroads  for the railroad
    right-of-way acquired  by  the  Authority  and  to  sell,
    transfer,  exchange,  or assign property as it shall deem
    appropriate, which the Authority  had  to  implement  the
    agreements  that  it  entered into for Useable Segment 3,
    are transferred to  the  City  of  Springfield  only  for
    implementation of those agreements and subject to them.
    (b)  Once   the   City   of   Springfield  has  completed
transactions required to perform the agreements  referred  to
in subdivisions (1) and (2) of subsection (a), its powers and
duties under this Section shall terminate.
    (c)  The  City  of  Springfield  shall obtain a certified
copy  of  the  portions  of  this  amendatory  Act  of   1996
containing  the  title,  the  enacting  clause, the effective
date, and this Section and the appropriate land  descriptions
of  property  to  be  transferred  within  60  days after its
effective date and shall record the certified document in the
Recorder's Office of Sangamon County.
    (d)  If this Section  takes  effect  after  December  31,
1996, then its provisions apply retrospectively from December
31, 1996.
    (e)  This Section is repealed on September 30, 1999.
(Source: P.A. 89-699, eff. 1-16-97; 90-755, eff. 8-14-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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