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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regional Transportation Authority Act is | |||||||||||||||||||
5 | amended by changing Section 2.20 as follows:
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6 | (70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
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7 | Sec. 2.20. General Powers.
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8 | (a) Except as otherwise limited by this Act,
the
the | |||||||||||||||||||
9 | Authority shall
also have all powers necessary to meet its | |||||||||||||||||||
10 | responsibilities and to carry
out its purposes, including, but | |||||||||||||||||||
11 | not limited to, the following powers:
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12 | (i) To sue and be sued;
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13 | (ii) To invest any funds or any monies not required for | |||||||||||||||||||
14 | immediate
use or disbursement, as provided in "An Act | |||||||||||||||||||
15 | relating to certain
investments of public funds by public | |||||||||||||||||||
16 | agencies", approved July 23, 1943,
as now or hereafter | |||||||||||||||||||
17 | amended;
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18 | (iii) To make, amend and repeal by-laws, rules and | |||||||||||||||||||
19 | regulations, and
ordinances not inconsistent with this | |||||||||||||||||||
20 | Act;
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21 | (iv) To hold, sell, sell by installment contract, lease | |||||||||||||||||||
22 | as lessor,
transfer or dispose of such real or personal | |||||||||||||||||||
23 | property as it deems
appropriate in the exercise of its |
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1 | powers or to provide for the use
thereof by any | ||||||
2 | transportation agency and to mortgage, pledge or
otherwise | ||||||
3 | grant security interests in any such property;
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4 | (v) To enter at reasonable times upon such lands, | ||||||
5 | waters or premises
as in the judgment of the Authority may | ||||||
6 | be necessary, convenient or
desirable for the purpose of | ||||||
7 | making surveys, soundings, borings and
examinations to | ||||||
8 | accomplish any purpose authorized by this Act after
having | ||||||
9 | given reasonable notice of such proposed entry to the | ||||||
10 | owners and
occupants of such lands, waters or premises, the | ||||||
11 | Authority being liable
only for actual damage caused by | ||||||
12 | such activity;
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13 | (vi) To make and execute all contracts and other | ||||||
14 | instruments
necessary or convenient to the exercise of its | ||||||
15 | powers;
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16 | (vii) To enter into contracts of group insurance for | ||||||
17 | the benefit of
its employees and to provide for retirement | ||||||
18 | or pensions or other
employee benefit arrangements for such | ||||||
19 | employees, and to assume
obligations for pensions or other | ||||||
20 | employee benefit arrangements for
employees of | ||||||
21 | transportation agencies, all or part of the facilities of
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22 | which are acquired by the Authority;
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23 | (viii) To provide for the insurance of any property, | ||||||
24 | directors,
officers, employees or operations of
the | ||||||
25 | Authority against any risk or hazard, and to self-insure or | ||||||
26 | participate
in joint self-insurance pools or entities to |
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1 | insure against such risk or
hazard;
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2 | (ix) To appear before the Illinois Commerce Commission | ||||||
3 | in all
proceedings concerning the Authority, a Service | ||||||
4 | Board or any transportation
agency; and
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5 | (x) To pass all ordinances and make all rules and | ||||||
6 | regulations proper
or necessary to regulate the use, | ||||||
7 | operation and maintenance of its
property and facilities | ||||||
8 | and, by ordinance, to prescribe fines or
penalties for | ||||||
9 | violations thereof. No fine or penalty shall exceed $1,000
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10 | per offense. Any ordinance providing for any fine or | ||||||
11 | penalty shall be
published in a newspaper of general | ||||||
12 | circulation in the metropolitan
region. No such ordinance | ||||||
13 | shall take effect until 10 days after its
publication.
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14 | (xi) The Authority may enter into arbitration | ||||||
15 | arrangements, which
may be final and binding.
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16 | (xii) The Commuter Rail
Board shall continue the | ||||||
17 | separate public corporation, known as the
Northeast | ||||||
18 | Illinois Regional Commuter Railroad Corporation, as a
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19 | separate operating unit to operate on behalf of the | ||||||
20 | Commuter Rail Board
commuter
railroad facilities, subject | ||||||
21 | at all times to the supervision and
direction of the | ||||||
22 | Commuter Rail Board and may, by ordinance,
dissolve such
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23 | Corporation. Such Corporation shall be governed by a Board | ||||||
24 | of Directors
which shall consist of the members of the | ||||||
25 | Transition Board until such
time as all of the members of | ||||||
26 | the Commuter Rail Board are appointed and
qualified and |
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1 | thereafter the members of the Commuter Rail Board. Such
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2 | Corporation shall have all the powers given the Authority | ||||||
3 | and the Commuter
Rail Board under Article
II of this Act | ||||||
4 | (other than under Section 2.13) as are delegated to it by
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5 | ordinance of the Commuter Rail Board with regard
to such | ||||||
6 | operation of
facilities and the same exemptions, | ||||||
7 | restrictions and limitations as are
provided by law with | ||||||
8 | regard to the Authority shall apply to such
Corporation. | ||||||
9 | Such Corporation shall be a transportation agency as
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10 | provided in this Act except for purposes of paragraph (e) | ||||||
11 | of Section
3.01 of this Act.
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12 | (xiii) The Authority shall cooperate with the
Illinois | ||||||
13 | Commerce Commission and local law enforcement agencies in | ||||||
14 | establishing
a two year pilot program in DuPage County to | ||||||
15 | determine the effectiveness of an
automated
railroad grade | ||||||
16 | crossing enforcement system.
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17 | (b) In each case in which this Act gives the Authority the | ||||||
18 | power to
construct or acquire real or personal property, the | ||||||
19 | Authority shall have
the power to acquire such property by | ||||||
20 | contract, purchase, gift, grant,
exchange for other property or | ||||||
21 | rights in property, lease (or sublease)
or installment or | ||||||
22 | conditional purchase contracts, which leases or
contracts may | ||||||
23 | provide for consideration therefor to be paid in annual
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24 | installments during a period not exceeding 40 years. Property | ||||||
25 | may be
acquired subject to such conditions, restrictions, | ||||||
26 | liens, or security or
other interests of other parties as the |
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1 | Authority may deem appropriate,
and in each case the Authority | ||||||
2 | may acquire a joint, leasehold, easement,
license or other | ||||||
3 | partial interest in such property. Any such acquisition
may | ||||||
4 | provide for the assumption of, or agreement to pay, perform or
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5 | discharge outstanding or continuing duties, obligations or | ||||||
6 | liabilities
of the seller, lessor, donor or other transferor of | ||||||
7 | or of the trustee
with regard to such property. In connection | ||||||
8 | with the acquisition of
public transportation equipment, | ||||||
9 | including, but not limited to, rolling
stock, vehicles, | ||||||
10 | locomotives, buses or rapid transit equipment, the
Authority | ||||||
11 | may also execute agreements concerning such equipment leases,
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12 | equipment trust certificates, conditional purchase agreements | ||||||
13 | and such
other security agreements and may make such agreements | ||||||
14 | and covenants as
required, in the form customarily used in such | ||||||
15 | cases appropriate to
effect such acquisition. Obligations of | ||||||
16 | the Authority incurred pursuant
to this Section shall not be | ||||||
17 | considered bonds or notes within the
meaning of Section 4.04 of | ||||||
18 | this Act.
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19 | (c) The Authority shall assume all costs of rights, | ||||||
20 | benefits and
protective conditions to which any employee is | ||||||
21 | entitled under this Act
from any transportation agency in the | ||||||
22 | event of the inability of the
transportation agency to meet its | ||||||
23 | obligations in relation thereto due to
bankruptcy or | ||||||
24 | insolvency, provided that the Authority shall retain the
right | ||||||
25 | to proceed against the bankrupt or insolvent transportation | ||||||
26 | agency
or its successors, trustees, assigns or debtors for the |
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1 | costs assumed.
The Authority may mitigate its liability under | ||||||
2 | this paragraph (c) and
under Section 2.16 to the extent of | ||||||
3 | employment and employment benefits
which it tenders.
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4 | (Source: P.A. 89-454, eff. 5-17-96.)
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