Sen. Don Harmon
Filed: 5/22/2009
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1 | AMENDMENT TO HOUSE BILL 3718
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2 | AMENDMENT NO. ______. Amend House Bill 3718 on page 15, by | ||||||
3 | inserting below line 2 the following:
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4 | "Section 10. The O'Hare Modernization Act is amended by | ||||||
5 | changing Sections 15 and 21 and by adding Section 17 as | ||||||
6 | follows:
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7 | (620 ILCS 65/15)
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8 | Sec. 15. Acquisition of property. In addition to any other | ||||||
9 | powers the
City
may have, and notwithstanding any other law to | ||||||
10 | the contrary, the City may
acquire by
gift, grant, lease, | ||||||
11 | purchase, condemnation (including condemnation by quick
take | ||||||
12 | under
Article 20 of the Eminent Domain Act), or otherwise any | ||||||
13 | right,
title,
or
interest in
any private property, property | ||||||
14 | held in the name of or belonging to any public
body or unit
of | ||||||
15 | government, or any property devoted to a public use, or any | ||||||
16 | other rights or
easements,
including any property, rights, or |
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1 | easements owned by the State, units of local
government, or | ||||||
2 | school districts, including forest preserve districts, for
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3 | purposes related
to the O'Hare
Modernization Program. The City | ||||||
4 | shall immediately acquire all parcels of property, including | ||||||
5 | public rights of way, within the area bounded on the north and | ||||||
6 | east by the DuPage-Cook county line, on the south by the Metra | ||||||
7 | Milwaukee District right-of-way, and on the west by the eastern | ||||||
8 | boundary of York Road. All such parcels are declared to be | ||||||
9 | necessary for the timely, safe, and efficient completion and | ||||||
10 | use of runway 10C/28C and related taxiways and airport | ||||||
11 | facilities, and all such parcels are also declared to be | ||||||
12 | necessary for the timely, safe, and efficient completion and | ||||||
13 | use of runway 1OR/28L. The powers given to the City under this | ||||||
14 | Section include
the
power to acquire, by condemnation or | ||||||
15 | otherwise, any property used for cemetery
purposes within or | ||||||
16 | outside of the City, and to require that the cemetery be
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17 | removed to a
different location. The powers given to the City | ||||||
18 | under this Section include the
power to
condemn or otherwise | ||||||
19 | acquire (other than by condemnation by quick take under
Article | ||||||
20 | 20 of the Eminent Domain Act), and to convey, substitute
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21 | property when the City
reasonably determines that monetary | ||||||
22 | compensation will not be sufficient or
practical just
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23 | compensation for property acquired by the City in connection | ||||||
24 | with the
O'Hare
Modernization Program. The acquisition of | ||||||
25 | substitute property is declared to be
for
public use. Property | ||||||
26 | acquired under this Section includes property that the
City
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1 | reasonably determines will be necessary for future use, | ||||||
2 | regardless of whether
final
regulatory or funding decisions | ||||||
3 | have been made; provided, however, that
quick-take of such | ||||||
4 | property is subject to Section 25-7-103.149 of the Eminent | ||||||
5 | Domain Act.
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6 | (Source: P.A. 93-450, eff. 8-6-03; 94-1055, eff. 1-1-07.)
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7 | (620 ILCS 65/17 new)
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8 | Sec. 17. Activities implementing an approved airport | ||||||
9 | layout plan. | ||||||
10 | (a) As used in this Section: | ||||||
11 | (1) "Approved airport layout plan" means the airport | ||||||
12 | layout plan for Chicago-O'Hare International Airport | ||||||
13 | approved by the Federal Aviation Administration, as | ||||||
14 | amended from time to time. | ||||||
15 | (2) "Activities implementing an approved airport | ||||||
16 | layout plan" means all normal activities associated with | ||||||
17 | site preparation, construction, and implementation of an | ||||||
18 | approved airport layout plan, including without | ||||||
19 | limitation: acquisition, clearing, and preparation of | ||||||
20 | land; removal and demolition of structures; removal and | ||||||
21 | demolition of personal property located within or upon or | ||||||
22 | under such land; excavation; construction, testing, and | ||||||
23 | use of the facilities shown on the airport layout plan; and | ||||||
24 | handling and transport of materials and debris. | ||||||
25 | (b) All activities implementing the approved airport |
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1 | layout plan are declared to be in the public interest and do | ||||||
2 | not constitute a public or private nuisance. No person may | ||||||
3 | bring or continue a civil suit based on a claim of actual or | ||||||
4 | potential nuisance with respect to any such activities seeking | ||||||
5 | to enjoin, delay, or otherwise stay any such activities. No | ||||||
6 | court in this State may enjoin or otherwise order delay of any | ||||||
7 | activities implementing an approved airport layout plan. | ||||||
8 | (c) The sole remedy for any injuries to persons or property | ||||||
9 | claimed to arise out of activities implementing the approved | ||||||
10 | airport layout plan shall be damages. | ||||||
11 | (d) Nothing in this section limits or otherwise affects the | ||||||
12 | powers of the Illinois Environmental Protection Agency under | ||||||
13 | the Illinois Environmental Protection Act or the powers of the | ||||||
14 | Illinois Department of Transportation under the Illinois | ||||||
15 | Aeronautics Act or the O'Hare Modernization Act with respect to | ||||||
16 | activities implementing an approved airport layout plan.
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17 | (620 ILCS 65/21)
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18 | Sec. 21. Reimbursement for tax base losses.
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19 | (a) Whenever the City acquires parcels of property
within | ||||||
20 | any school district or community college district
for the | ||||||
21 | O'Hare
Modernization Program, the City shall, for the following | ||||||
22 | taxable year and for
each of the 5 taxable years thereafter, | ||||||
23 | pay to that district the amount of the
total property tax | ||||||
24 | liability of the acquired parcels to the district for the
2002
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25 | taxable year, increased or decreased each year by the |
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1 | percentage change of the
district's total tax extension for the | ||||||
2 | current taxable year from the total tax
extension for the
prior | ||||||
3 | taxable year; provided that no annual increase shall exceed the | ||||||
4 | lesser of
5% or the annual increase in
the Consumer Price | ||||||
5 | Index. Funds payable by the City under this Section shall be
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6 | paid
exclusively from non-tax revenues generated at airports | ||||||
7 | owned by the City, and
shall not
exceed the amount of those | ||||||
8 | funds that can be paid for that purpose under 49
U.S.C. | ||||||
9 | 47107(l)(2). Funds payable by the City under this Section shall | ||||||
10 | be used for school purposes within the school district or | ||||||
11 | community college district receiving the payment.
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12 | (b) Notwithstanding any other provision of this Section: | ||||||
13 | (i) no funds shall
be payable by the City under this Section | ||||||
14 | with respect to any taxable year
succeeding the 2009 taxable | ||||||
15 | year; (ii) in no event shall such funds be payable
on or after | ||||||
16 | January 1, 2011 2010 ; (iii) in no event shall the total funds | ||||||
17 | paid
by the City pursuant to this Section to all districts for | ||||||
18 | all taxable years
exceed $20,000,000; and
(iv) any amounts | ||||||
19 | payable to a district by the City with
respect to any
parcel of | ||||||
20 | property for any taxable year shall be reduced by the amount of | ||||||
21 | taxes
actually paid to the district for that taxable year with | ||||||
22 | respect to that parcel
or any leasehold interest therein.
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23 | (c) Whenever the City acquires property that is subject to | ||||||
24 | this Section, the
City shall notify the assessor of the county | ||||||
25 | in which the property is located.
The assessor or the clerk of | ||||||
26 | that county shall, on an annual basis, notify the
affected |
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1 | school district or community college district of all property | ||||||
2 | that has
been identified as being subject to this
Section, and | ||||||
3 | shall provide the district and the City with such information | ||||||
4 | as
may be required in determining the amounts payable by the | ||||||
5 | City under this
Section. The City shall make payments as | ||||||
6 | required by this Section no later than
90 days after that | ||||||
7 | information is received and verified by the City.
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8 | (d) As used in this Section, "Consumer Price Index" means | ||||||
9 | the Consumer Price
Index for All Urban Consumers for all items | ||||||
10 | published by the United States
Department of Labor.
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11 | (Source: P.A. 93-450, eff. 8-6-03.)".
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