Sen. Antonio Muņoz

Filed: 3/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 383

2    AMENDMENT NO. ______. Amend Senate Bill 383 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Metropolitan Pier and Exposition Authority
5Act is amended by changing Sections 2 and 13 as follows:
 
6    (70 ILCS 210/2)  (from Ch. 85, par. 1222)
7    Sec. 2. When used in this Act:
8    "Authority" means Metropolitan Pier and Exposition
9Authority.
10    "Governmental agency" means the Federal government, State
11government, and any unit of local government, and any agency or
12instrumentality, corporate or otherwise, thereof.
13    "Person" means any individual, firm, partnership,
14corporation, both domestic and foreign, company, association
15or joint stock association; and includes any trustee, receiver,
16assignee or personal representative thereof.

 

 

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1    "Board" means the governing body of the Metropolitan Pier
2and Exposition Authority or the Trustee. "Board" does include
3the interim board.
4    "Governor" means the Governor of the State of Illinois.
5    "Mayor" means the Mayor of the City of Chicago.
6    "Metropolitan area" means all that territory in the State
7of Illinois lying within the corporate boundaries of the County
8of Cook.
9    "Navy Pier" means the real property, structures,
10facilities and improvements located in the City of Chicago
11commonly known as Navy Pier, as well as property adjacent or
12appurtenant thereto which may be necessary or convenient for
13carrying out the purposes of the Authority at that location.
14    "Park District President" means the President of the Board
15of Commissioners of the Chicago Park District.
16    "Project" means the expansion of existing fair and
17exposition grounds and facilities of the Authority by additions
18to the present facilities, by acquisition of the land described
19below and by the addition of a structure having a floor area of
20approximately 1,100,000 square feet, or any part thereof, and
21such other improvements to be located on land to be acquired,
22including but not limited to all or a portion of Site A, by
23connecting walkways or passageways between the present
24facilities and additional structures, and by acquisition and
25improvement of Navy Pier.
26    "Expansion Project" means the further expansion of the

 

 

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1grounds, buildings, and facilities of the Authority for its
2corporate purposes, including, but not limited to, the
3acquisition of land and interests in land, the relocation of
4persons and businesses located on land acquired by the
5Authority, and the construction, equipping, and operation of
6new exhibition and convention space, meeting rooms, support
7facilities, and facilities providing retail uses, commercial
8uses, and goods and services for the persons attending
9conventions, meetings, exhibits, and events at the grounds,
10buildings, and facilities of the Authority. "Expansion
11Project" also includes improvements to land, highways, mass
12transit facilities, and infrastructure, whether or not located
13on land owned by the Authority, that in the determination of
14the Authority are appropriate on account of the improvement of
15the Authority's grounds, buildings, and facilities. "Expansion
16Project" also includes the renovation and improvement of the
17existing grounds, buildings, and facilities of the Authority,
18including Navy Pier.
19    "State" means the State of Illinois.
20    "Transportation network driver" means an individual
21affiliated with a transportation network service provider or
22with a person who is affiliated with a transportation network
23service provider to transport passengers for compensation
24using a transportation network vehicle.
25    "Transportation network service" means a prearranged
26transportation service offered or provided for compensation

 

 

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1using an Internet-enabled application or digital platform to
2connect potential passengers with transportation network
3drivers. The term "transportation network service" does not
4include a "ridesharing arrangement" as that term is defined in
5Section 2 of the Ridesharing Arrangements Act.
6    "Transportation network vehicle" means any vehicle used to
7provide a transportation network service.
8    "Trustee" means the person serving as Trustee of the
9Authority in accordance with the provisions of this amendatory
10Act of the 96th General Assembly.
11    "Site A" means the tract of land comprised of a part of the
12Illinois Central Railroad Company right-of-way (now known as
13the "Illinois Central Gulf Railroad") and a part of the
14submerged lands reclaimed by said Railroad as described in the
151919 Lake Front Ordinance, in the Southeast Fractional Quarter
16of Section 22, the Southwest Fractional Quarter of Section 22
17and the Northeast Fractional Quarter of Section 27, Township 39
18North, Range 14 East of the Third Principal Meridian, said
19tract of land being described as follows:
20    PARCEL A - NORTH AIR RIGHTS PARCEL
21    All of the real property and space, at and above a
22    horizontal plane at an elevation of 33.51 feet above
23    Chicago City Datum, the horizontal limits of which are the
24    planes formed by projecting vertically upward and downward
25    from the surface of the Earth the boundaries of the
26    following described parcel of land:

 

 

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1    Beginning on the westerly line of said Illinois Central
2    Railroad Company right-of-way at the intersection of the
3    northerly line of the 23rd Street viaduct, being a line 60
4    feet (measured perpendicularly) northerly of and parallel
5    with the centerline of the existing structure, and running
6    thence northwardly along said westerly right-of-way line,
7    a distance of 1500.00 feet; thence eastwardly along a line
8    perpendicular to said westerly right-of-way line, a
9    distance of 418.419 feet; thence southwardly along an arc
10    of a circle, convex to the East, with a radius of 915.13
11    feet, a distance of 207.694 feet to a point which is
12    364.092 feet (measured perpendicularly) easterly from said
13    westerly right-of-way line and 1300.00 feet (measured
14    perpendicularly) northerly of said northerly line of the
15    23rd Street viaduct; thence continuing along an arc of a
16    circle, convex to the East, with a radius of 2008.70 feet,
17    a distance of 154.214 feet to a point which is 301.631 feet
18    (measured perpendicularly) easterly from said westerly
19    right-of-way line and 1159.039 feet (measured
20    perpendicularly) northerly of said northerly line of the
21    23rd Street viaduct; thence southwardly along a straight
22    line a distance of 184.018 feet to a point which is 220.680
23    feet (measured perpendicularly) easterly from said
24    westerly right-of-way line and 993.782 feet (measured
25    perpendicularly) northerly of said northerly line of the
26    23rd Street viaduct; thence southwardly along a straight

 

 

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1    line, a distance of 66.874 feet to a point which is 220.719
2    feet (measured perpendicularly) easterly from said
3    westerly right-of-way line and 926.908 feet (measured
4    perpendicularly) northerly from the northerly line of the
5    23rd Street viaduct; thence southwardly along a straight
6    line, a distance of 64.946 feet to a point which is 199.589
7    feet (measured perpendicularly) easterly from said
8    westerly right-of-way line and 865.496 feet (measured
9    perpendicularly) northerly from said northerly line of the
10    23rd Street viaduct; thence southwardly along a straight
11    line, a distance of 865.496 feet to a point on said
12    northerly line of the 23rd Street viaduct; which point is
13    200.088 feet easterly from said westerly right-of-way
14    line, and thence westwardly along the northerly line of
15    said 23rd Street viaduct, said distance of 200.088 feet to
16    the point of beginning.
17    There is reserved from the above described parcel of land a
18    corridor for railroad freight and passenger operations,
19    said corridor is to be limited in width to a distance of 10
20    feet normally distant to the left and to the right of the
21    centerline of Grantor's Northbound Freight Track, and 10
22    feet normally distant to the left and to the right of the
23    centerline of Grantor's Southbound Freight Track, the
24    uppermost limits, or roof, of the railroad freight and
25    passenger corridor shall be established at an elevation of
26    18 feet above the existing Top of Rail of the aforesaid

 

 

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1    Northbound and Southbound freight trackage.
2    PARCEL B - 23RD ST. AIR RIGHTS PARCEL
3    All of the real property and space, at and above a
4    horizontal plane which is common with the bottom of the
5    bottom flange of the E. 23rd Street viaduct as it spans
6    Grantor's operating commuter, freight and passenger
7    trackage, the horizontal limits of which are the planes
8    formed by projecting vertically upward and downward from
9    the surface of the Earth the boundaries of the following
10    described parcel of land:
11    Beginning on the westerly line of said Illinois Central
12    Railroad Company right-of-way at the intersection of the
13    northerly line of the 23rd Street viaduct, being a line 60
14    feet (measured perpendicularly) northerly of and parallel
15    with the centerline of the existing structure, and running
16    thence eastwardly along said northerly line of the 23rd
17    Street viaduct, a distance of 200.088 feet; thence
18    southwardly along a straight line, a distance of 120.00
19    feet to a point on the southerly line of said 23rd Street
20    viaduct (being the southerly line of the easement granted
21    to the South Park Commissioners dated September 25, 1922 as
22    document No. 7803194), which point is 199.773 feet easterly
23    of said westerly right-of-way line; thence westwardly
24    along said southerly line of the 23rd Street viaduct, said
25    distance of 199.773 feet to the westerly right-of-way line
26    and thence northwardly along said westerly right-of-way

 

 

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1    line, a distance of 120.00 feet to the point of beginning.
2    PARCEL C - SOUTH AIR RIGHTS PARCEL
3    All of the real property and space, at and above a
4    horizontal plane at an elevation of 34.51 feet above
5    Chicago City Datum, the horizontal limits of which are the
6    planes formed by projecting vertically upward and downward
7    from the surface of the Earth the boundaries of the
8    following described parcel of land:
9    Beginning on the westerly line of said Illinois Central
10    Railroad Company right-of-way at the intersection of the
11    southerly line of the 23rd Street viaduct, being the
12    southerly line of the easement granted to the South Park
13    Commissioners dated September 25, 1922 as document No.
14    7803194) and running thence eastwardly along said South
15    line of the 23rd Street viaduct, a distance of 199.773
16    feet; thence southerly along a straight line, a distance of
17    169.071 feet to a point which is 199.328 feet (measured
18    perpendicularly) easterly from said westerly right-of-way
19    line thence southerly along a straight line, whose
20    southerly terminus is a point which is 194.66 feet
21    (measured perpendicularly) easterly from said westerly
22    right-of-way line and 920.105 feet (measured a distance of
23    493.34 feet; thence westwardly along a straight line,
24    perpendicular to said westerly right-of-way line, a
25    distance of 196.263 feet to said westerly right-of-way line
26    and thence northwardly along the westerly right-of-way, a

 

 

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1    distance of 662.40 feet to the point of beginning.
2    Parcels A, B and C herein above described containing
3    525,228 square feet (12.0576 acres) of land, more or less.
4
AND,
5    SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55
6    A tract of land comprised of a part of the Illinois Central
7    Railroad Company right-of-way (now known as the "Illinois
8    Central Gulf Railroad") and a part of the submerged lands
9    reclaimed by said Railroads as described in the 1919 Lake
10    Front Ordinance, in the Northeast Fractional Quarter and
11    the Southeast Fractional Quarter of Section 27, Township 39
12    North, Range 14 East of the Third Principal Meridian, said
13    tract of land being described as follows:
14    Beginning at a point on the North line of the 31st Street
15    viaduct, being a line 50.00 feet (measured
16    perpendicularly) northerly of and parallel with the South
17    line of said Southeast Fractional Quarter of Section 27,
18    which point is 163.518 feet (measured along the northerly
19    line of said viaduct) easterly of the westerly line of said
20    Illinois Central Railroad Company, and running thence
21    northwardly along a straight line, a distance of 1903.228
22    feet, to a point which is 156.586 feet easterly, and
23    1850.555 feet northerly of the intersection of said
24    westerly right-of-way line with the northerly line of said
25    31st Street viaduct, as measured along said westerly line
26    and a line perpendicular thereto; thence northwardly along

 

 

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1    a straight line, a distance of 222.296 feet, to a point
2    which is 148.535 feet easterly, and 2078.705 feet northerly
3    of the intersection of said westerly right-of-way line with
4    the northerly line of said 31st Street viaduct, as measured
5    along said westerly line and a line perpendicular thereto;
6    thence northwardly along a straight line, a distance of
7    488.798 feet, to a point which is 126.789 feet easterly,
8    and 2567.019 feet northerly of the intersection of said
9    westerly right-of-way line with the northerly line of said
10    31st Street viaduct, as measured along said westerly line
11    and a line perpendicular thereto; thence northwardly along
12    a straight line, a distance of 458.564 feet, to a point
13    which is 126.266 feet easterly and 3025.583 feet northerly
14    of the intersection of said westerly right-of-way line with
15    the northerly line of said 31st Street viaduct, as measured
16    along said westerly line and a line perpendicular thereto;
17    thence northwardly along a straight line, a distance of
18    362.655 feet, to a point which is 143.70 feet easterly, and
19    3387.819 feet northerly of the intersection of said
20    westerly right-of-way line with the northerly line of said
21    31st street viaduct, as measured along said westerly line
22    and a line perpendicular thereto; thence northwardly along
23    a straight line, whose northerly terminus is a point which
24    is 194.66 feet (measured perpendicularly) easterly from
25    said westerly right-of-way line and 920.105 feet (measured
26    perpendicularly) South from the southerly line of the 23rd

 

 

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1    Street viaduct (being the southerly line of the easement
2    granted to the South Park Commissioners dated September 25,
3    1922 as document No. 7803194) a distance of 335.874 feet to
4    an intersection with a northerly line of the easement for
5    the overhead structure of the Southwest Expressway System
6    (as described in Judgement Order No. 67 L 13579 in the
7    Circuit Court of Cook County), said northerly line
8    extending from a point on said westerly right-of-way line,
9    142.47 feet (measured perpendicularly) North of the
10    intersection of said line with the easterly extension of
11    the North line of East 25th Street (as shown in Walker
12    Bros. Addition to Chicago, a subdivision in the Northeast
13    Fractional Quarter of Section 27 aforesaid) to a point
14    which is 215.07 feet (measured perpendicularly) North of
15    said easterly extension of the North line of E. 25th Street
16    and 396.19 feet (measured perpendicularly) westerly of the
17    westerly line of Burnham Park (as said westerly line is
18    described by the City of Chicago by ordinance passed July
19    21, 1919 and recorded on March 5, 1920 in the Office of the
20    Recorder of Deeds of Cook County, Illinois as document No.
21    6753370); thence northeastwardly along the northerly line
22    of the easement aforesaid, a distance of 36.733 feet to
23    said point which is 215.07 feet (measured perpendicularly)
24    North of said easterly extension of the North line of E.
25    25th Street and 396.19 feet (measured perpendicularly)
26    westerly of said westerly line of Burnham Park; thence

 

 

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1    northeastwardly continuing along said easement line, being
2    a straight line, a distance of 206.321 feet to a point
3    which is 352.76 feet (measured perpendicularly) North of
4    said easterly extension of the North line of E. 25th Street
5    and 211.49 feet (measured perpendicularly) westerly of
6    said westerly line of Burnham Park; thence northeastwardly
7    continuing along said easement line, being a straight line,
8    a distance of 206.308 feet to a point which is 537.36 feet
9    (measured perpendicularly) North of said easterly
10    extension of the North line of E. 25th Street and 73.66
11    feet (measured perpendicularly) westerly of said westerly
12    line of Burnham Park; thence northeastwardly continuing
13    along said easement line, being a straight line, a distance
14    of 219.688 feet to a point on said westerly line of Burnham
15    Park, which point is 756.46 feet (measured
16    perpendicularly) North of said easterly extension of the
17    North line of E. 25th Street; thence southwardly along said
18    westerly line of Burnham Park, being here a straight line
19    whose southerly terminus is that point which is 308.0 feet
20    (measured along said line) South of the intersection of
21    said line with the North line of 29th Street, extended
22    East, a distance of 3185.099 feet to a point which is 89.16
23    feet North of aforesaid southerly terminus; thence
24    southwestwardly along an arc of a circle, convex to the
25    Southeast, tangent to last described line and having a
26    radius of 635.34 feet, a distance of 177.175 feet to a

 

 

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1    point on that westerly line of Burnham Park which extends
2    southerly from aforesaid point 308.0 feet South of the
3    North line of 29th Street, extended East, to a point on the
4    North line of East 31st Street extended East, which is
5    250.00 feet (measured perpendicularly) easterly of said
6    westerly right-of-way line; thence southwardly along said
7    last described westerly line of Burnham Park, a distance of
8    857.397 feet to a point which is 86.31 feet (measured along
9    said line) northerly of aforesaid point on the North line
10    of East 31st Street extended East; thence southeastwardly
11    along the arc of a circle, convex to the West, tangent to
12    last described line and having a radius of 573.69 feet, a
13    distance of 69.426 feet to a point on the north line of the
14    aforementioned 31st Street viaduct, and thence West along
15    said North line, a distance of 106.584 feet to the point of
16    beginning, in Cook County, Illinois.
17    Containing 1,527,996 square feet (35.0780 acres) of land,
18    more or less.
19
AND
20    NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55
21    A tract of land comprised of a part of the Illinois Central
22    Railroad Company right-of-way (now known as the "Illinois
23    Central Gulf Railroad") and a part of the submerged lands
24    reclaimed by said Railroad as described in the 1919 Lake
25    Front Ordinance, in the Northwest Fractional Quarter of
26    Section 22, the Southwest Fractional Quarter of Section 22,

 

 

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1    the Southeast Fractional Quarter of Section 22 and the
2    Northwest Fractional Quarter of Section 27, Township 39
3    North, Range 14 East of the Third Principal Meridian, said
4    tract of land being described as follows:
5    PARCEL A-NORTH OF 23RD STREET
6    Beginning on the easterly line of said Illinois Central
7    Railroad Company right-of-way (being also the westerly
8    line of Burnham Park as said westerly line is described in
9    the 1919 Lake Front Ordinance), at the intersection of the
10    northerly line of the 23rd Street viaduct, being a line
11    60.00 feet (measured perpendicularly) northerly of and
12    parallel with the centerline of the existing structure, and
13    running thence northwardly along said easterly
14    right-of-way line, a distance of 2270.472 feet to an
15    intersection with the North line of E. 18th Street,
16    extended East, a point 708.495 feet (as measured along said
17    North line of E. 18th Street, extended East) East from the
18    westerly right-of-way line of said railroad; thence
19    continuing northwardly along said easterly right-of-way
20    line, on a straight line which forms an angle to the left
21    of 00 degrees 51 minutes 27 seconds with last described
22    course, a distance of 919.963 feet; thence westwardly along
23    a straight line which forms an angle of 73 degrees 40
24    minutes 14 seconds from North to West with last described
25    line, a distance of 86.641 feet; thence southwardly along
26    the arc of a circle, convex to the East with a radius of

 

 

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1    2448.29 feet, a distance of 86.233 feet to a point which is
2    100.767 feet westerly and 859.910 feet northerly of the
3    intersection of said easterly right-of-way line with the
4    North line of E. 18th Street, extended East, as measured
5    along said easterly line and a line perpendicular thereto;
6    thence southwardly along a straight line, tangent to last
7    described arc of a circle, a distance of 436.277 feet to a
8    point which is 197.423 feet westerly and 434.475 feet
9    northerly of the intersection of said easterly
10    right-of-way line with the North line of E. 18th Street,
11    extended East, as measured along said easterly line and a
12    line perpendicular thereto; thence southeastwardly along
13    the arc of a circle, convex to the West, tangent to last
14    described straight line and having a radius of 1343.75
15    feet, a distance of 278.822 feet to a point which is
16    230.646 feet westerly and 158.143 feet northerly of the
17    intersection of said easterly right-of-way line with the
18    North line of E. 18th Street, extended East, as measured
19    along said easterly line and a line perpendicular thereto;
20    thence southwardly along a straight line, tangent to last
21    described arc of a circle, a distance of 722.975 feet to a
22    point which is 434.030 feet (measured perpendicularly)
23    easterly from the westerly line of said Illinois Central
24    Railroad right-of-way and 1700.466 feet (measured
25    perpendicular) northerly of the aforementioned northerly
26    line of the 23rd Street viaduct; thence southwardly along

 

 

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1    the arc of a circle, convex to the East, tangent to last
2    described straight line, with a radius of 2008.70 feet, a
3    distance of 160.333 feet to a point which is 424.314 feet
4    (reassured perpendicularly) easterly from said westerly
5    right-of-way line and 1546.469 feet (measured
6    perpendicularly) northerly of said North line of the 23rd
7    Street viaduct; thence southwardly along an arc of a
8    circle, convex to the East with a radius of 915.13 feet, a
9    distance of 254.54 feet to a point which is 364.092 feet
10    (measured perpendicularly) easterly from said westerly
11    right-of-way line and 1300.00 feet (measured
12    perpendicularly) northerly of said northerly line of the
13    23rd Street viaduct; thence continuing along an arc of a
14    circle, convex to the East, with a radius of 2008.70 feet,
15    a distance of 154.214 feet to a point which is 301.631 feet
16    (measured perpendicularly) easterly from said westerly
17    right-of-way line and 1159.039 feet (measured
18    perpendicularly) northerly of said northerly line of the
19    23rd Street viaduct; thence southwardly along a straight
20    line, a distance of 184.018 feet to a point which is
21    220.680 feet (measured perpendicularly) easterly from said
22    westerly right-of-way line and 993.782 feet (measured
23    perpendicularly) northerly from said northerly line of the
24    23rd Street viaduct; thence southwardly along a straight
25    line, a distance of 66.874 feet to a point which is 220.719
26    feet (measured perpendicularly) easterly from said

 

 

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1    westerly right-of-way line and 926.908 feet (measured
2    perpendicularly) northerly from the northerly line of the
3    23rd Street viaduct; thence southwardly along a straight
4    line, a distance of 64.946 feet to a point which is 199.589
5    feet (measured perpendicularly) easterly from said
6    westerly right-of-way line and 865.496 feet (measured
7    perpendicularly) northerly from said northerly line of the
8    23rd Street viaduct; thence southwardly along a straight
9    line, a distance of 865.496 feet to a point on said
10    northerly line of the 23rd Street viaduct, which is 200.088
11    feet easterly from said westerly right-of-way line; and
12    thence eastwardly along the northerly line of said 23rd
13    Street viaduct, a distance of 433.847 feet to the point of
14    beginning.
15    PARCEL B - WEST 23RD STREET
16    Beginning on the easterly line of said Illinois Central
17    Railroad Company right-of-way (being also the westerly
18    line of Burnham Park, as said westerly line is described in
19    the 1919 Lake Front Ordinance), at the intersection of the
20    northerly line of the 23rd Street viaduct, being a line
21    60.00 feet (measured perpendicularly) northerly of and
22    parallel with the centerline of the existing structure; and
23    running thence westwardly along the northerly line of said
24    23rd Street viaduct, a distance of 433.847 feet, to a point
25    200.088 feet easterly from the westerly line of said
26    Illinois Central Railroad right-of-way; thence southwardly

 

 

09900SB0383sam001- 18 -LRB099 03121 AWJ 45824 a

1    along a straight line, a distance of 120.00 feet to a point
2    on the southerly line of said 23rd Street viaduct (being
3    the southerly line of the easement granted to the South
4    Park Commissioners dated September 25, 1922 as document No.
5    7803194), which point is 199.773 feet easterly of said
6    westerly right-of-way line; thence eastwardly along said
7    southerly line of the 23rd Street viaduct, a distance of
8    431.789 feet to said easterly right-of-way line; and thence
9    northwardly along said easterly right-of-way line a
10    distance of 120.024 feet to the point of beginning,
11    excepting therefrom that part of the land, property and
12    space conveyed to Amalgamated Trust and Savings Bank by
13    deed recorded September 21, 1970 as document No. 21270060,
14    in Cook County, Illinois.
15    PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE OF
16I-55
17    Beginning on the easterly line of said Illinois Central
18    Railroad Company right-of-way at the intersection of the
19    southerly line of the 23rd Street viaduct (being the
20    southerly line of the easement granted to the South Park
21    Commissioners dated September 25, 1922 as document No.
22    7803194); and running thence westwardly along said
23    southerly line of the 23rd Street viaduct, a distance of
24    431.789 feet, to a point 199.773 feet easterly from the
25    westerly line of said Illinois Central Railroad
26    right-of-way; thence southwardly along a straight line, a

 

 

09900SB0383sam001- 19 -LRB099 03121 AWJ 45824 a

1    distance of 169.071 feet to a point which is 199.328 feet
2    (measured perpendicularly) easterly from said westerly
3    right-of-way line; thence southwardly along a straight
4    line, a distance of 751.05 feet to a point which is 194.66
5    feet (measured perpendicularly) easterly from said
6    westerly right-of-way line and 920.105 feet (measured
7    perpendicularly) southerly from said southerly line of the
8    23rd Street viaduct; thence southwardly along a straight
9    line whose southerly terminus is a point which is 143.70
10    feet easterly from said westerly right-of-way line and
11    3387.819 feet northerly of the intersection of said
12    westerly right-of-way line with the northerly line of the
13    31st Street viaduct, (being a line 50.00 feet, measured
14    perpendicularly, northerly of and parallel with the South
15    line of the Southeast Fractional Quarter of said Section
16    27), as measured along said westerly line and a line
17    perpendicular thereto, a distance of 179.851 feet to an
18    intersection with a northerly line of the easement for the
19    overhead bridge structure of the Southwest Expressway
20    System (as described in Judgment Order No. 67 L 13579 in
21    the Circuit Court of Cook County), said northerly line
22    extending from a point of said westerly right-of-way line,
23    which is 142.47 feet (measured perpendicularly) North of
24    the easterly extension of the North line of E. 25th Street
25    (as shown in Walker Bros. Addition to Chicago, a
26    subdivision in the Northeast Fractional Quarter of Section

 

 

09900SB0383sam001- 20 -LRB099 03121 AWJ 45824 a

1    27 aforesaid) to a point which is 215.07 feet (measured
2    perpendicularly) North of said easterly extension of the
3    North line of E. 25th Street and 396.19 feet (measured
4    perpendicularly) westerly of the easterly line of said
5    Illinois central Railroad right-of-way (being also the
6    westerly line of Burnham Park, as said westerly line is
7    described by the City of Chicago by ordinance passed July
8    21, 1919 and recorded on March 5, 1920 in the Office of the
9    Recorder of Deeds of Cook County, Illinois, as document No.
10    6753370); thence northeastwardly along the northerly line
11    of the easement aforesaid, a distance of 36.733 feet to a
12    said point which is 215.07 feet (measured perpendicularly)
13    North of said easterly extension of the North line of E.
14    25th Street and 396.19 feet (measured perpendicularly)
15    westerly of said easterly right-of-way line; thence
16    northeastwardly continuing along said easement line, being
17    a straight line, a distance of 206.321 feet to a point
18    which is 352.76 feet (measured perpendicularly) North of
19    said easterly extension of the North line of E. 25th Street
20    and 211.49 feet (measured perpendicularly) westerly of
21    said easterly right-of-way line; thence northeastwardly
22    continuing along said easement line, being a straight line,
23    a distance of 206.308 feet to a point which is 537.36 feet
24    (measured perpendicularly) North of said easterly
25    extension of the North line of E. 25th Street and 73.66
26    feet (measured perpendicularly) westerly of said easterly

 

 

09900SB0383sam001- 21 -LRB099 03121 AWJ 45824 a

1    right-of-way line; thence northeastwardly continuing along
2    said easement line, being a straight line, a distance of
3    219.688 feet to a point on said easterly right-of-way line,
4    which point is 756.46 feet (measured perpendicularly)
5    North of said easterly extension of the North line of E.
6    25th Street; and thence northwardly along said easterly
7    right-of-way line, a distance of 652.596 feet, to the point
8    of beginning. Excepting therefrom that part of the land,
9    property and space conveyed to Amalgamated Trust Savings
10    Bank, as Trustee, under a trust agreement dated January 12,
11    1978 and known as Trust No. 3448, in Cook County, Illinois.
12    PARCEL D
13    All the space within the boundaries of the following
14    described perimeter between the horizontal plane of plus
15    27.00 feet and plus 47.3 feet Chicago City Datum:
16    Commencing at the Northeast corner of Lot 3 in Block 1 in
17    McCormick City Subdivision being a resubdivision of
18    McCormick Inn Subdivision (recorded September 26, 1962 as
19    Document No. 18601678) and a subdivision of adjacent lands
20    recorded January 12, 1971 as Document No. 21369281 in
21    Section 27, Township 39 North, Range 14, East of the Third
22    Principal Meridian, thence Westerly along the Northerly
23    line of said McCormick Inn Subdivision to a point which is
24    77 feet East of the Westerly line of McCormick Inn
25    Subdivision (lying at +27.00 feet C.C.D.) for a place of
26    beginning; thence Westerly a distance of 77.00 feet above

 

 

09900SB0383sam001- 22 -LRB099 03121 AWJ 45824 a

1    the horizontal plane +27.00 feet above Chicago City Datum
2    and below +47.3 feet above Chicago City Datum to the
3    Northwest corner of McCormick Inn Subdivision; thence
4    South along the West line of McCormick Inn Subdivision a
5    distance of 36 feet to a point; thence East 23 feet to a
6    point along a line which is perpendicular to the last
7    described line; thence North 12 feet to a point along a
8    line which is perpendicular to the last described line;
9    thence East 54 feet to a point along a line which is
10    perpendicular to the last described line; thence North 24
11    feet along a line which is perpendicular to the last
12    described line to the place of beginning. (Parcel D has
13    been included in this Act to provide a means for the
14    Authority to acquire an easement or fee title to a part of
15    McCormick Inn to permit the construction of the pedestrian
16    spine to connect the Project with Donnelley Hall.)
17    Containing 1,419,953 square feet (32.5970 acres) of land,
18    more or less.
19    "Site B" means an area of land (including all air rights
20related thereto) in the City of Chicago, Cook County, Illinois,
21within the following boundaries:
22        Beginning at the intersection of the north line of East
23    Cermak Road and the center line of South Indiana Avenue;
24    thence east along the north line of East Cermak Road and
25    continuing along said line as said north line of East
26    Cermak Road is extended, to its intersection with the

 

 

09900SB0383sam001- 23 -LRB099 03121 AWJ 45824 a

1    westerly line of the right-of-way of the Illinois Central
2    Gulf Railroad; thence southeasterly along said line to its
3    intersection with the north line of the Twenty-third Street
4    viaduct; thence northeasterly along said line to its
5    intersection with the easterly line of the right-of-way of
6    the Illinois Central Gulf Railroad; thence southeasterly
7    along said line to the point of intersection with the west
8    line of the right-of-way of the Adlai E. Stevenson
9    Expressway; thence southwesterly along said line and then
10    west along the inside curve of the west and north lines of
11    the right-of-way of the Adlai E. Stevenson Expressway,
12    following the curve of said right-of-way, and continuing
13    along the north line of the right-of-way of the Adlai E.
14    Stevenson Expressway to its intersection with the center
15    line of South Indiana Avenue; thence northerly along said
16    line to the point of beginning.
17
ALSO
18        Beginning at the intersection of the center line of
19    East Cermak Road at its intersection with the center line
20    of South Indiana Avenue; thence northerly along the center
21    line of South Indiana Avenue to its intersection with the
22    center line of East Twenty-first Street; thence easterly
23    along said line to its intersection with the center line of
24    South Prairie Avenue; thence south along said line to its
25    intersection with the center line of East Cermak Road;
26    thence westerly along said line to the point of beginning.

 

 

09900SB0383sam001- 24 -LRB099 03121 AWJ 45824 a

1(Source: P.A. 96-898, eff. 5-27-10.)
 
2    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
3    Sec. 13. (a) The Authority shall not have power to levy
4taxes for any purpose, except as provided in subsections (b),
5(c), (d), (e), and (f).
6    (b) By ordinance the Authority shall, as soon as
7practicable after the effective date of this amendatory Act of
81991, impose a Metropolitan Pier and Exposition Authority
9Retailers' Occupation Tax upon all persons engaged in the
10business of selling tangible personal property at retail within
11the territory described in this subsection at the rate of 1.0%
12of the gross receipts (i) from the sale of food, alcoholic
13beverages, and soft drinks sold for consumption on the premises
14where sold and (ii) from the sale of food, alcoholic beverages,
15and soft drinks sold for consumption off the premises where
16sold by a retailer whose principal source of gross receipts is
17from the sale of food, alcoholic beverages, and soft drinks
18prepared for immediate consumption.
19    The tax imposed under this subsection and all civil
20penalties that may be assessed as an incident to that tax shall
21be collected and enforced by the Illinois Department of
22Revenue. The Department shall have full power to administer and
23enforce this subsection, to collect all taxes and penalties so
24collected in the manner provided in this subsection, and to
25determine all rights to credit memoranda arising on account of

 

 

09900SB0383sam001- 25 -LRB099 03121 AWJ 45824 a

1the erroneous payment of tax or penalty under this subsection.
2In the administration of and compliance with this subsection,
3the Department and persons who are subject to this subsection
4shall have the same rights, remedies, privileges, immunities,
5powers, and duties, shall be subject to the same conditions,
6restrictions, limitations, penalties, exclusions, exemptions,
7and definitions of terms, and shall employ the same modes of
8procedure applicable to this Retailers' Occupation Tax as are
9prescribed in Sections 1, 2 through 2-65 (in respect to all
10provisions of those Sections other than the State rate of
11taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
12and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
135j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
141, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
15after January 1, 1994, all applicable provisions of the Uniform
16Penalty and Interest Act that are not inconsistent with this
17Act, as fully as if provisions contained in those Sections of
18the Retailers' Occupation Tax Act were set forth in this
19subsection.
20    Persons subject to any tax imposed under the authority
21granted in this subsection may reimburse themselves for their
22seller's tax liability under this subsection by separately
23stating that tax as an additional charge, which charge may be
24stated in combination, in a single amount, with State taxes
25that sellers are required to collect under the Use Tax Act,
26pursuant to bracket schedules as the Department may prescribe.

 

 

09900SB0383sam001- 26 -LRB099 03121 AWJ 45824 a

1The retailer filing the return shall, at the time of filing the
2return, pay to the Department the amount of tax imposed under
3this subsection, less a discount of 1.75%, which is allowed to
4reimburse the retailer for the expenses incurred in keeping
5records, preparing and filing returns, remitting the tax, and
6supplying data to the Department on request.
7    Whenever the Department determines that a refund should be
8made under this subsection to a claimant instead of issuing a
9credit memorandum, the Department shall notify the State
10Comptroller, who shall cause a warrant to be drawn for the
11amount specified and to the person named in the notification
12from the Department. The refund shall be paid by the State
13Treasurer out of the Metropolitan Pier and Exposition Authority
14trust fund held by the State Treasurer as trustee for the
15Authority.
16    Nothing in this subsection authorizes the Authority to
17impose a tax upon the privilege of engaging in any business
18that under the Constitution of the United States may not be
19made the subject of taxation by this State.
20    The Department shall forthwith pay over to the State
21Treasurer, ex officio, as trustee for the Authority, all taxes
22and penalties collected under this subsection for deposit into
23a trust fund held outside of the State Treasury.
24    As soon as possible after the first day of each month,
25beginning January 1, 2011, upon certification of the Department
26of Revenue, the Comptroller shall order transferred, and the

 

 

09900SB0383sam001- 27 -LRB099 03121 AWJ 45824 a

1Treasurer shall transfer, to the STAR Bonds Revenue Fund the
2local sales tax increment, as defined in the Innovation
3Development and Economy Act, collected under this subsection
4during the second preceding calendar month for sales within a
5STAR bond district.
6    After the monthly transfer to the STAR Bonds Revenue Fund,
7on or before the 25th day of each calendar month, the
8Department shall prepare and certify to the Comptroller the
9amounts to be paid under subsection (g) of this Section, which
10shall be the amounts, not including credit memoranda, collected
11under this subsection during the second preceding calendar
12month by the Department, less any amounts determined by the
13Department to be necessary for the payment of refunds, less 2%
14of such balance, which sum shall be deposited by the State
15Treasurer into the Tax Compliance and Administration Fund in
16the State Treasury from which it shall be appropriated to the
17Department to cover the costs of the Department in
18administering and enforcing the provisions of this subsection,
19and less any amounts that are transferred to the STAR Bonds
20Revenue Fund. Within 10 days after receipt by the Comptroller
21of the certification, the Comptroller shall cause the orders to
22be drawn for the remaining amounts, and the Treasurer shall
23administer those amounts as required in subsection (g).
24    A certificate of registration issued by the Illinois
25Department of Revenue to a retailer under the Retailers'
26Occupation Tax Act shall permit the registrant to engage in a

 

 

09900SB0383sam001- 28 -LRB099 03121 AWJ 45824 a

1business that is taxed under the tax imposed under this
2subsection, and no additional registration shall be required
3under the ordinance imposing the tax or under this subsection.
4    A certified copy of any ordinance imposing or discontinuing
5any tax under this subsection or effecting a change in the rate
6of that tax shall be filed with the Department, whereupon the
7Department shall proceed to administer and enforce this
8subsection on behalf of the Authority as of the first day of
9the third calendar month following the date of filing.
10    The tax authorized to be levied under this subsection may
11be levied within all or any part of the following described
12portions of the metropolitan area:
13        (1) that portion of the City of Chicago located within
14    the following area: Beginning at the point of intersection
15    of the Cook County - DuPage County line and York Road, then
16    North along York Road to its intersection with Touhy
17    Avenue, then east along Touhy Avenue to its intersection
18    with the Northwest Tollway, then southeast along the
19    Northwest Tollway to its intersection with Lee Street, then
20    south along Lee Street to Higgins Road, then south and east
21    along Higgins Road to its intersection with Mannheim Road,
22    then south along Mannheim Road to its intersection with
23    Irving Park Road, then west along Irving Park Road to its
24    intersection with the Cook County - DuPage County line,
25    then north and west along the county line to the point of
26    beginning; and

 

 

09900SB0383sam001- 29 -LRB099 03121 AWJ 45824 a

1        (2) that portion of the City of Chicago located within
2    the following area: Beginning at the intersection of West
3    55th Street with Central Avenue, then east along West 55th
4    Street to its intersection with South Cicero Avenue, then
5    south along South Cicero Avenue to its intersection with
6    West 63rd Street, then west along West 63rd Street to its
7    intersection with South Central Avenue, then north along
8    South Central Avenue to the point of beginning; and
9        (3) that portion of the City of Chicago located within
10    the following area: Beginning at the point 150 feet west of
11    the intersection of the west line of North Ashland Avenue
12    and the north line of West Diversey Avenue, then north 150
13    feet, then east along a line 150 feet north of the north
14    line of West Diversey Avenue extended to the shoreline of
15    Lake Michigan, then following the shoreline of Lake
16    Michigan (including Navy Pier and all other improvements
17    fixed to land, docks, or piers) to the point where the
18    shoreline of Lake Michigan and the Adlai E. Stevenson
19    Expressway extended east to that shoreline intersect, then
20    west along the Adlai E. Stevenson Expressway to a point 150
21    feet west of the west line of South Ashland Avenue, then
22    north along a line 150 feet west of the west line of South
23    and North Ashland Avenue to the point of beginning.
24    The tax authorized to be levied under this subsection may
25also be levied on food, alcoholic beverages, and soft drinks
26sold on boats and other watercraft departing from and returning

 

 

09900SB0383sam001- 30 -LRB099 03121 AWJ 45824 a

1to the shoreline of Lake Michigan (including Navy Pier and all
2other improvements fixed to land, docks, or piers) described in
3item (3).
4    (c) By ordinance the Authority shall, as soon as
5practicable after the effective date of this amendatory Act of
61991, impose an occupation tax upon all persons engaged in the
7corporate limits of the City of Chicago in the business of
8renting, leasing, or letting rooms in a hotel, as defined in
9the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
10the gross rental receipts from the renting, leasing, or letting
11of hotel rooms within the City of Chicago, excluding, however,
12from gross rental receipts the proceeds of renting, leasing, or
13letting to permanent residents of a hotel, as defined in that
14Act. Gross rental receipts shall not include charges that are
15added on account of the liability arising from any tax imposed
16by the State or any governmental agency on the occupation of
17renting, leasing, or letting rooms in a hotel.
18    The tax imposed by the Authority under this subsection and
19all civil penalties that may be assessed as an incident to that
20tax shall be collected and enforced by the Illinois Department
21of Revenue. The certificate of registration that is issued by
22the Department to a lessor under the Hotel Operators'
23Occupation Tax Act shall permit that registrant to engage in a
24business that is taxable under any ordinance enacted under this
25subsection without registering separately with the Department
26under that ordinance or under this subsection. The Department

 

 

09900SB0383sam001- 31 -LRB099 03121 AWJ 45824 a

1shall have full power to administer and enforce this
2subsection, to collect all taxes and penalties due under this
3subsection, to dispose of taxes and penalties so collected in
4the manner provided in this subsection, and to determine all
5rights to credit memoranda arising on account of the erroneous
6payment of tax or penalty under this subsection. In the
7administration of and compliance with this subsection, the
8Department and persons who are subject to this subsection shall
9have the same rights, remedies, privileges, immunities,
10powers, and duties, shall be subject to the same conditions,
11restrictions, limitations, penalties, and definitions of
12terms, and shall employ the same modes of procedure as are
13prescribed in the Hotel Operators' Occupation Tax Act (except
14where that Act is inconsistent with this subsection), as fully
15as if the provisions contained in the Hotel Operators'
16Occupation Tax Act were set out in this subsection.
17    Whenever the Department determines that a refund should be
18made under this subsection to a claimant instead of issuing a
19credit memorandum, the Department shall notify the State
20Comptroller, who shall cause a warrant to be drawn for the
21amount specified and to the person named in the notification
22from the Department. The refund shall be paid by the State
23Treasurer out of the Metropolitan Pier and Exposition Authority
24trust fund held by the State Treasurer as trustee for the
25Authority.
26    Persons subject to any tax imposed under the authority

 

 

09900SB0383sam001- 32 -LRB099 03121 AWJ 45824 a

1granted in this subsection may reimburse themselves for their
2tax liability for that tax by separately stating that tax as an
3additional charge, which charge may be stated in combination,
4in a single amount, with State taxes imposed under the Hotel
5Operators' Occupation Tax Act, the municipal tax imposed under
6Section 8-3-13 of the Illinois Municipal Code, and the tax
7imposed under Section 19 of the Illinois Sports Facilities
8Authority Act.
9    The person filing the return shall, at the time of filing
10the return, pay to the Department the amount of tax, less a
11discount of 2.1% or $25 per calendar year, whichever is
12greater, which is allowed to reimburse the operator for the
13expenses incurred in keeping records, preparing and filing
14returns, remitting the tax, and supplying data to the
15Department on request.
16    The Department shall forthwith pay over to the State
17Treasurer, ex officio, as trustee for the Authority, all taxes
18and penalties collected under this subsection for deposit into
19a trust fund held outside the State Treasury. On or before the
2025th day of each calendar month, the Department shall certify
21to the Comptroller the amounts to be paid under subsection (g)
22of this Section, which shall be the amounts (not including
23credit memoranda) collected under this subsection during the
24second preceding calendar month by the Department, less any
25amounts determined by the Department to be necessary for
26payment of refunds. Within 10 days after receipt by the

 

 

09900SB0383sam001- 33 -LRB099 03121 AWJ 45824 a

1Comptroller of the Department's certification, the Comptroller
2shall cause the orders to be drawn for such amounts, and the
3Treasurer shall administer those amounts as required in
4subsection (g).
5    A certified copy of any ordinance imposing or discontinuing
6a tax under this subsection or effecting a change in the rate
7of that tax shall be filed with the Illinois Department of
8Revenue, whereupon the Department shall proceed to administer
9and enforce this subsection on behalf of the Authority as of
10the first day of the third calendar month following the date of
11filing.
12    (d) By ordinance the Authority shall, as soon as
13practicable after the effective date of this amendatory Act of
141991, impose a tax upon all persons engaged in the business of
15renting automobiles in the metropolitan area at the rate of 6%
16of the gross receipts from that business, except that no tax
17shall be imposed on the business of renting automobiles for use
18as taxicabs or in livery service. The tax imposed under this
19subsection and all civil penalties that may be assessed as an
20incident to that tax shall be collected and enforced by the
21Illinois Department of Revenue. The certificate of
22registration issued by the Department to a retailer under the
23Retailers' Occupation Tax Act or under the Automobile Renting
24Occupation and Use Tax Act shall permit that person to engage
25in a business that is taxable under any ordinance enacted under
26this subsection without registering separately with the

 

 

09900SB0383sam001- 34 -LRB099 03121 AWJ 45824 a

1Department under that ordinance or under this subsection. The
2Department shall have full power to administer and enforce this
3subsection, to collect all taxes and penalties due under this
4subsection, to dispose of taxes and penalties so collected in
5the manner provided in this subsection, and to determine all
6rights to credit memoranda arising on account of the erroneous
7payment of tax or penalty under this subsection. In the
8administration of and compliance with this subsection, the
9Department and persons who are subject to this subsection shall
10have the same rights, remedies, privileges, immunities,
11powers, and duties, be subject to the same conditions,
12restrictions, limitations, penalties, and definitions of
13terms, and employ the same modes of procedure as are prescribed
14in Sections 2 and 3 (in respect to all provisions of those
15Sections other than the State rate of tax; and in respect to
16the provisions of the Retailers' Occupation Tax Act referred to
17in those Sections, except as to the disposition of taxes and
18penalties collected, except for the provision allowing
19retailers a deduction from the tax to cover certain costs, and
20except that credit memoranda issued under this subsection may
21not be used to discharge any State tax liability) of the
22Automobile Renting Occupation and Use Tax Act, as fully as if
23provisions contained in those Sections of that Act were set
24forth in this subsection.
25    Persons subject to any tax imposed under the authority
26granted in this subsection may reimburse themselves for their

 

 

09900SB0383sam001- 35 -LRB099 03121 AWJ 45824 a

1tax liability under this subsection by separately stating that
2tax as an additional charge, which charge may be stated in
3combination, in a single amount, with State tax that sellers
4are required to collect under the Automobile Renting Occupation
5and Use Tax Act, pursuant to bracket schedules as the
6Department may prescribe.
7    Whenever the Department determines that a refund should be
8made under this subsection to a claimant instead of issuing a
9credit memorandum, the Department shall notify the State
10Comptroller, who shall cause a warrant to be drawn for the
11amount specified and to the person named in the notification
12from the Department. The refund shall be paid by the State
13Treasurer out of the Metropolitan Pier and Exposition Authority
14trust fund held by the State Treasurer as trustee for the
15Authority.
16    The Department shall forthwith pay over to the State
17Treasurer, ex officio, as trustee, all taxes and penalties
18collected under this subsection for deposit into a trust fund
19held outside the State Treasury. On or before the 25th day of
20each calendar month, the Department shall certify to the
21Comptroller the amounts to be paid under subsection (g) of this
22Section (not including credit memoranda) collected under this
23subsection during the second preceding calendar month by the
24Department, less any amount determined by the Department to be
25necessary for payment of refunds. Within 10 days after receipt
26by the Comptroller of the Department's certification, the

 

 

09900SB0383sam001- 36 -LRB099 03121 AWJ 45824 a

1Comptroller shall cause the orders to be drawn for such
2amounts, and the Treasurer shall administer those amounts as
3required in subsection (g).
4    Nothing in this subsection authorizes the Authority to
5impose a tax upon the privilege of engaging in any business
6that under the Constitution of the United States may not be
7made the subject of taxation by this State.
8    A certified copy of any ordinance imposing or discontinuing
9a tax under this subsection or effecting a change in the rate
10of that tax shall be filed with the Illinois Department of
11Revenue, whereupon the Department shall proceed to administer
12and enforce this subsection on behalf of the Authority as of
13the first day of the third calendar month following the date of
14filing.
15    (e) By ordinance the Authority shall, as soon as
16practicable after the effective date of this amendatory Act of
171991, impose a tax upon the privilege of using in the
18metropolitan area an automobile that is rented from a rentor
19outside Illinois and is titled or registered with an agency of
20this State's government at a rate of 6% of the rental price of
21that automobile, except that no tax shall be imposed on the
22privilege of using automobiles rented for use as taxicabs or in
23livery service. The tax shall be collected from persons whose
24Illinois address for titling or registration purposes is given
25as being in the metropolitan area. The tax shall be collected
26by the Department of Revenue for the Authority. The tax must be

 

 

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1paid to the State or an exemption determination must be
2obtained from the Department of Revenue before the title or
3certificate of registration for the property may be issued. The
4tax or proof of exemption may be transmitted to the Department
5by way of the State agency with which or State officer with
6whom the tangible personal property must be titled or
7registered if the Department and that agency or State officer
8determine that this procedure will expedite the processing of
9applications for title or registration.
10    The Department shall have full power to administer and
11enforce this subsection, to collect all taxes, penalties, and
12interest due under this subsection, to dispose of taxes,
13penalties, and interest so collected in the manner provided in
14this subsection, and to determine all rights to credit
15memoranda or refunds arising on account of the erroneous
16payment of tax, penalty, or interest under this subsection. In
17the administration of and compliance with this subsection, the
18Department and persons who are subject to this subsection shall
19have the same rights, remedies, privileges, immunities,
20powers, and duties, be subject to the same conditions,
21restrictions, limitations, penalties, and definitions of
22terms, and employ the same modes of procedure as are prescribed
23in Sections 2 and 4 (except provisions pertaining to the State
24rate of tax; and in respect to the provisions of the Use Tax
25Act referred to in that Section, except provisions concerning
26collection or refunding of the tax by retailers, except the

 

 

09900SB0383sam001- 38 -LRB099 03121 AWJ 45824 a

1provisions of Section 19 pertaining to claims by retailers,
2except the last paragraph concerning refunds, and except that
3credit memoranda issued under this subsection may not be used
4to discharge any State tax liability) of the Automobile Renting
5Occupation and Use Tax Act, as fully as if provisions contained
6in those Sections of that Act were set forth in this
7subsection.
8    Whenever the Department determines that a refund should be
9made under this subsection to a claimant instead of issuing a
10credit memorandum, the Department shall notify the State
11Comptroller, who shall cause a warrant to be drawn for the
12amount specified and to the person named in the notification
13from the Department. The refund shall be paid by the State
14Treasurer out of the Metropolitan Pier and Exposition Authority
15trust fund held by the State Treasurer as trustee for the
16Authority.
17    The Department shall forthwith pay over to the State
18Treasurer, ex officio, as trustee, all taxes, penalties, and
19interest collected under this subsection for deposit into a
20trust fund held outside the State Treasury. On or before the
2125th day of each calendar month, the Department shall certify
22to the State Comptroller the amounts to be paid under
23subsection (g) of this Section, which shall be the amounts (not
24including credit memoranda) collected under this subsection
25during the second preceding calendar month by the Department,
26less any amounts determined by the Department to be necessary

 

 

09900SB0383sam001- 39 -LRB099 03121 AWJ 45824 a

1for payment of refunds. Within 10 days after receipt by the
2State Comptroller of the Department's certification, the
3Comptroller shall cause the orders to be drawn for such
4amounts, and the Treasurer shall administer those amounts as
5required in subsection (g).
6    A certified copy of any ordinance imposing or discontinuing
7a tax or effecting a change in the rate of that tax shall be
8filed with the Illinois Department of Revenue, whereupon the
9Department shall proceed to administer and enforce this
10subsection on behalf of the Authority as of the first day of
11the third calendar month following the date of filing.
12    (f) By ordinance the Authority shall, as soon as
13practicable after the effective date of this amendatory Act of
141991, impose an occupation tax on all persons, other than a
15governmental agency, engaged in the business of providing
16ground transportation for hire or transportation network
17services to passengers in the metropolitan area at a rate of
18(i) $4 per taxi, transportation network vehicle, or livery
19vehicle departure with passengers for hire from commercial
20service airports in the metropolitan area, (ii) for each
21departure with passengers for hire from a commercial service
22airport in the metropolitan area in a bus or van operated by a
23person other than a person described in item (iii): $18 per bus
24or van with a capacity of 1-12 passengers, $36 per bus or van
25with a capacity of 13-24 passengers, and $54 per bus or van
26with a capacity of over 24 passengers, and (iii) for each

 

 

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1departure with passengers for hire from a commercial service
2airport in the metropolitan area in a bus or van operated by a
3person regulated by the Interstate Commerce Commission or
4Illinois Commerce Commission, operating scheduled service from
5the airport, and charging fares on a per passenger basis: $2
6per passenger for hire in each bus or van. The term "commercial
7service airports" means those airports receiving scheduled
8passenger service and enplaning more than 100,000 passengers
9per year.
10    In the ordinance imposing the tax, the Authority may
11provide for the administration and enforcement of the tax and
12the collection of the tax from persons subject to the tax as
13the Authority determines to be necessary or practicable for the
14effective administration of the tax. The Authority may enter
15into agreements as it deems appropriate with any governmental
16agency providing for that agency to act as the Authority's
17agent to collect the tax.
18    In the ordinance imposing the tax, the Authority may
19designate a method or methods for persons subject to the tax to
20reimburse themselves for the tax liability arising under the
21ordinance (i) by separately stating the full amount of the tax
22liability as an additional charge to passengers departing the
23airports, (ii) by separately stating one-half of the tax
24liability as an additional charge to both passengers departing
25from and to passengers arriving at the airports, or (iii) by
26some other method determined by the Authority.

 

 

09900SB0383sam001- 41 -LRB099 03121 AWJ 45824 a

1    All taxes, penalties, and interest collected under any
2ordinance adopted under this subsection, less any amounts
3determined to be necessary for the payment of refunds and less
4the taxes, penalties, and interest attributable to any increase
5in the rate of tax authorized by Public Act 96-898 and by this
6amendatory Act of the 99th General Assembly, shall be paid
7forthwith to the State Treasurer, ex officio, for deposit into
8a trust fund held outside the State Treasury and shall be
9administered by the State Treasurer as provided in subsection
10(g) of this Section. All taxes, penalties, and interest
11attributable to any increase in the rate of tax authorized by
12Public Act 96-898 shall be paid by the State Treasurer as
13follows: 25% for deposit into the Convention Center Support
14Fund, to be used by the Village of Rosemont for the repair,
15maintenance, and improvement of the Donald E. Stephens
16Convention Center and for debt service on debt instruments
17issued for those purposes by the village and 75% to the
18Authority to be used for grants to an organization meeting the
19qualifications set out in Section 5.6 of this Act, provided the
20Metropolitan Pier and Exposition Authority has entered into a
21marketing agreement with such an organization.
22    (g) Amounts deposited from the proceeds of taxes imposed by
23the Authority under subsections (b), (c), (d), (e), and (f) of
24this Section and amounts deposited under Section 19 of the
25Illinois Sports Facilities Authority Act shall be held in a
26trust fund outside the State Treasury and shall be administered

 

 

09900SB0383sam001- 42 -LRB099 03121 AWJ 45824 a

1by the Treasurer as follows:
2        (1) An amount necessary for the payment of refunds with
3    respect to those taxes shall be retained in the trust fund
4    and used for those payments.
5        (2) On July 20 and on the 20th of each month
6    thereafter, provided that the amount requested in the
7    annual certificate of the Chairman of the Authority filed
8    under Section 8.25f of the State Finance Act has been
9    appropriated for payment to the Authority, 1/8 of the local
10    tax transfer amount, together with any cumulative
11    deficiencies in the amounts transferred into the McCormick
12    Place Expansion Project Fund under this subparagraph (2)
13    during the fiscal year for which the certificate has been
14    filed, shall be transferred from the trust fund into the
15    McCormick Place Expansion Project Fund in the State
16    treasury until 100% of the local tax transfer amount has
17    been so transferred. "Local tax transfer amount" shall mean
18    the amount requested in the annual certificate, minus the
19    reduction amount. "Reduction amount" shall mean $41.7
20    million in fiscal year 2011, $36.7 million in fiscal year
21    2012, $36.7 million in fiscal year 2013, $36.7 million in
22    fiscal year 2014, and $31.7 million in each fiscal year
23    thereafter until 2032, provided that the reduction amount
24    shall be reduced by (i) the amount certified by the
25    Authority to the State Comptroller and State Treasurer
26    under Section 8.25 of the State Finance Act, as amended,

 

 

09900SB0383sam001- 43 -LRB099 03121 AWJ 45824 a

1    with respect to that fiscal year and (ii) in any fiscal
2    year in which the amounts deposited in the trust fund under
3    this Section exceed $318.3 million, exclusive of amounts
4    set aside for refunds and for the reserve account, one
5    dollar for each dollar of the deposits in the trust fund
6    above $318.3 million with respect to that year, exclusive
7    of amounts set aside for refunds and for the reserve
8    account.
9        (3) On July 20, 2010, the Comptroller shall certify to
10    the Governor, the Treasurer, and the Chairman of the
11    Authority the 2010 deficiency amount, which means the
12    cumulative amount of transfers that were due from the trust
13    fund to the McCormick Place Expansion Project Fund in
14    fiscal years 2008, 2009, and 2010 under Section 13(g) of
15    this Act, as it existed prior to May 27, 2010 (the
16    effective date of Public Act 96-898), but not made. On July
17    20, 2011 and on July 20 of each year through July 20, 2014,
18    the Treasurer shall calculate for the previous fiscal year
19    the surplus revenues in the trust fund and pay that amount
20    to the Authority. On July 20, 2015 and on July 20 of each
21    year thereafter, as long as bonds and notes issued under
22    Section 13.2 or bonds and notes issued to refund those
23    bonds and notes are outstanding, the Treasurer shall
24    calculate for the previous fiscal year the surplus revenues
25    in the trust fund and pay one-half of that amount to the
26    State Treasurer for deposit into the General Revenue Fund

 

 

09900SB0383sam001- 44 -LRB099 03121 AWJ 45824 a

1    until the 2010 deficiency amount has been paid and shall
2    pay the balance of the surplus revenues to the Authority.
3    "Surplus revenues" means the amounts remaining in the trust
4    fund on June 30 of the previous fiscal year (A) after the
5    State Treasurer has set aside in the trust fund (i) amounts
6    retained for refunds under subparagraph (1) and (ii) any
7    amounts necessary to meet the reserve account amount and
8    (B) after the State Treasurer has transferred from the
9    trust fund to the General Revenue Fund 100% of any
10    post-2010 deficiency amount. "Reserve account amount"
11    means $15 million in fiscal year 2011 and $30 million in
12    each fiscal year thereafter. The reserve account amount
13    shall be set aside in the trust fund and used as a reserve
14    to be transferred to the McCormick Place Expansion Project
15    Fund in the event the proceeds of taxes imposed under this
16    Section 13 are not sufficient to fund the transfer required
17    in subparagraph (2). "Post-2010 deficiency amount" means
18    any deficiency in transfers from the trust fund to the
19    McCormick Place Expansion Project Fund with respect to
20    fiscal years 2011 and thereafter. It is the intention of
21    this subparagraph (3) that no surplus revenues shall be
22    paid to the Authority with respect to any year in which a
23    post-2010 deficiency amount has not been satisfied by the
24    Authority.
25    Moneys received by the Authority as surplus revenues may be
26used (i) for the purposes of paying debt service on the bonds

 

 

09900SB0383sam001- 45 -LRB099 03121 AWJ 45824 a

1and notes issued by the Authority, including early redemption
2of those bonds or notes, (ii) for the purposes of repair,
3replacement, and improvement of the grounds, buildings, and
4facilities of the Authority, and (iii) for the corporate
5purposes of the Authority in fiscal years 2011 through 2015 in
6an amount not to exceed $20,000,000 annually or $80,000,000
7total, which amount shall be reduced $0.75 for each dollar of
8the receipts of the Authority in that year from any contract
9entered into with respect to naming rights at McCormick Place
10under Section 5(m) of this Act. When bonds and notes issued
11under Section 13.2, or bonds or notes issued to refund those
12bonds and notes, are no longer outstanding, the balance in the
13trust fund shall be paid to the Authority.
14    (h) The ordinances imposing the taxes authorized by this
15Section shall be repealed when bonds and notes issued under
16Section 13.2 or bonds and notes issued to refund those bonds
17and notes are no longer outstanding.
18(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)".