Full Text of HB4661 99th General Assembly
HB4661ham001 99TH GENERAL ASSEMBLY | Rep. Thaddeus Jones Filed: 4/6/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4661
| 2 | | AMENDMENT NO. ______. Amend House Bill 4661 on page 9, | 3 | | immediately after line 21, by inserting the following: | 4 | | "The members of the Board of Directors shall not sell | 5 | | property to the Authority or buy property held by the | 6 | | Authority."; and | 7 | | by replacing line 8 on page 12 through line 14 on page 17 with | 8 | | the following:
| 9 | | "Section 110. General powers.
The Authority has the power | 10 | | to do all things necessary or convenient to implement the | 11 | | purposes, objectives, and provisions of this Act including, but | 12 | | not limited to, the following: | 13 | | (a) adopt, amend, and repeal bylaws for the regulation of | 14 | | its affairs and the conduct of its business; | 15 | | (b) acquire by purchase, donation, or other transfers and |
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| 1 | | to hold, lease, manage, and dispose of Real Property of every | 2 | | kind and character, or any interest therein, in furtherance of | 3 | | the public purposes of the Authority;
| 4 | | (c) pay any tax or special assessment due on Real Property | 5 | | acquired or owned by the Authority; | 6 | | (d) acquire, accept, or retain equitable interests, | 7 | | security interests, or other interests in any Real Property or | 8 | | other fixtures by loan agreement, note, mortgage, deed to | 9 | | secure debt, trust deed, security agreement, assignment, | 10 | | pledge, conveyance, contract, lien, or other consensual | 11 | | transfer in order to secure the repayment of any moneys loaned | 12 | | or credit extended by the Authority; | 13 | | (e) borrow money from private lenders, from municipalities | 14 | | or counties, from the State or from federal government funds, | 15 | | subject to the approval of the corporate authorities, to | 16 | | further or carry out the Authority's public purpose by | 17 | | executing leases, trust indentures, trust agreements, | 18 | | agreements for the sale notes, loan agreements, mortgages, | 19 | | deeds to secure debt, trust deeds, security agreements, | 20 | | assignments, and other agreements or instruments as may be | 21 | | necessary or desirable, in the judgment of the Authority, to | 22 | | evidence and to provide security for such borrowing; | 23 | | (f) apply directly or indirectly to any federal, state, | 24 | | county, or
municipal government or agency, or to any other | 25 | | source, whether public or private, for loans, grants, gifts, | 26 | | guarantees, labor, or other aid or financial assistance in |
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| 1 | | furtherance of the Authority's public purpose and to accept and | 2 | | use the same upon such terms and conditions as are prescribed | 3 | | by such federal, state, county, municipal government or agency, | 4 | | or other source; | 5 | | (g) enter into agreements with the federal government or | 6 | | any agency thereof to use the facilities or services of the | 7 | | federal government or any agency thereof in order to further or | 8 | | carry out the public purposes of the Authority; | 9 | | (h) as security for repayment of any note, or other | 10 | | obligations of the Authority, to pledge, mortgage, convey, | 11 | | assign, hypothecate, or otherwise encumber any property of the | 12 | | Authority, including, but not limited to, Real Property, | 13 | | fixtures, and revenues or other funds, and to execute any | 14 | | lease, trust indenture, trust agreement, agreement for the sale | 15 | | of the Authority's notes, or other obligations, loan agreement, | 16 | | mortgage, deed to secure debt, trust deed, security agreement, | 17 | | assignment, or other agreement or instrument as may be | 18 | | necessary or desirable, in the judgment of the Authority, to | 19 | | secure any such notes, or other obligations, which instruments | 20 | | or agreements may provide for foreclosure or forced sale of any | 21 | | Real Property of the Authority upon default in any obligation | 22 | | of the Authority, either in payment of principal, premium, if | 23 | | any, or interest or in the performance of any term or condition | 24 | | contained in any such agreement or instrument; | 25 | | (i) receive and administer gifts, grants, and bequests of | 26 | | money and Real Property consistent with the purpose of the |
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| 1 | | Authority; | 2 | | (j) use any Real Property or fixtures or any interest | 3 | | therein or to rent, license or lease such Real Property to or | 4 | | from others or make contracts with respect to the use thereof, | 5 | | or to sell, lease, exchange, transfer, assign, pledge, or | 6 | | otherwise dispose of or grant options for any such Real | 7 | | Property in any manner as it deems to be in the best interests | 8 | | of the Authority and the public purpose thereof; | 9 | | (k) procure insurance or guarantees from the State or | 10 | | federal government of the payments of any debts or parts | 11 | | thereof incurred by the Authority, and to pay premiums in | 12 | | connection therewith; | 13 | | (l) procure, if required, insurance against losses in | 14 | | connection with the Real Property, assets, or activities of the | 15 | | Authority; | 16 | | (m) enter into contracts and other instruments necessary, | 17 | | incidental, or convenient to the performance of its duties and | 18 | | the exercise of its powers, including, but not limited to, an | 19 | | agreement with a Party for the joint exercise of powers. An | 20 | | agreement with a Party may include contracts for the | 21 | | performance of services by a Party on behalf of the Authority | 22 | | or by the Authority on behalf of a Party; | 23 | | (n) enter into partnerships, joint ventures, and other | 24 | | collaborative relationships with municipalities and other | 25 | | public and private entities for the ownership, management, | 26 | | development, and disposition of Real Property; |
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| 1 | | (o) to enter into contracts and other instruments | 2 | | necessary, incidental, or convenient to the performance of its | 3 | | duties and the exercise of its powers, including, but not | 4 | | limited to, agreements with a Party regarding the disposition | 5 | | of Authority properties located within their boundaries; | 6 | | (p) finance, by loan, grant, lease, or otherwise, | 7 | | refinance, construct, erect, assemble, purchase, acquire, own, | 8 | | repair, remodel, rehabilitate, modify, maintain, extend, | 9 | | improve, install, sell, equip, expand, add to, operate, or | 10 | | manage Real Property or rights or interests in Real Property, | 11 | | and to pay the costs of any such project from the proceeds of | 12 | | revenue bonds, loans by persons, corporations, partnerships, | 13 | | whether limited or general, or other entities, all of which the | 14 | | Authority is authorized to receive, accept, and use; | 15 | | (q) fix, charge, and collect rents, fees, licenses and | 16 | | charges for the use of Real Property of the Authority and for | 17 | | services provided by the Authority; | 18 | | (r) grant or acquire a license, easement, lease (as lessor | 19 | | or lessee), or option with respect to Real Property of the | 20 | | Authority; | 21 | | (s) enter into contracts with nonprofit community land | 22 | | trusts, including, but not limited to, long-term lease | 23 | | contracts; | 24 | | (t) contract for goods and services and engage personnel as | 25 | | necessary, to be paid from the funds of the Authority. The | 26 | | Board shall determine the qualifications, duties, and |
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| 1 | | compensation of those it contracts with and employs; | 2 | | (u) organize and reorganize the executive, administrative, | 3 | | clerical, and other departments of the Authority and to fix the | 4 | | duties, powers, and compensation of all employees, agents, and | 5 | | consultants of the Authority; | 6 | | (v) remediate environmental contamination on any Real | 7 | | Property held by the Authority;
| 8 | | (w) acquire, hold, and manage property pursuant to this | 9 | | Act; | 10 | | (x) dispose of property pursuant to this Act; | 11 | | (y) promulgate rules regarding the procurement of | 12 | | contracts and services of local real estate brokers and | 13 | | construction crews pursuant to Section 160 of this Act; | 14 | | (z) submit a redevelopment plan to a municipality with a | 15 | | redevelopment project area and comply with any requirements of | 16 | | the municipality with regard to that plan; and | 17 | | (aa) to do all other things necessary or convenient to | 18 | | achieve the objectives and purposes of the Authority or other | 19 | | laws that relate to the purposes and responsibilities of the | 20 | | Authority. | 21 | | To the extent that any power or duty of the Authority | 22 | | created under this Act conflicts with the powers or duties of a | 23 | | county or township official, the powers or duties of that | 24 | | county or township official shall prevail.".
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