(70 ILCS 1905/14) (from Ch. 114, par. 374)
Sec. 14.
Municipal corporation-Powers.
A Railroad Terminal Authority shall be a municipal corporation and shall
constitute a body both corporate and politic separate and apart from any
other municipal corporation, or any other public or governmental agency. It
may sue and be sued, plead and be impleaded, and have a seal and alter the
same at pleasure, have perpetual succession, make and execute contracts,
leases, deeds, and other instruments necessary or convenient to the
exercise of its powers, and make and from time to time amend and repeal its
by-laws, rules and regulations not inconsistent with this Act. In addition,
it shall have the following public and essential governmental powers and
functions and all other powers incidental or necessary to carry out and
effectuate such express powers, provided none of such powers shall be
exercised in a manner that would result in the imposition of an undue
burden on interstate or intrastate commerce:
(a) to acquire any area or areas lying wholly within the territorial
limits of the City in which the Authority is organized which the Board of
Commissioners shall determine to be a Railroad Terminal Area, as provided
in this Act, together with any additional property which the Board of
Commissioners in its determination under Section 15 of this Act deems
necessary for the construction of a railroad terminal and facilities
appurtenant thereto;
(b) to clear any such area or areas so acquired by demolition or removal
of existing terminals, Terminal Facilities, Freight Facilities, or other
buildings and structures thereon; and to install, repair, construct or
reconstruct streets, utilities, and site improvements essential to the
preparation of the area in accordance with a plan of redevelopment;
(c) to construct, reconstruct, improve, own, operate and maintain a new
railroad terminal, Terminal Facilities and the approaches thereto for
public service and to provide rules and regulations for the operation and
maintenance thereof;
(d) to enter into contracts for the operation, maintenance, and
management of such terminal, Terminal Facilities and the approaches
thereto;
(e) to enter into leases and contracts with any railroad company or
railroad companies entering or hereafter entering the City in which the
Authority is organized, for the use by such railroad company or railroad
companies of said terminal, Terminal Facilities and the approaches thereto
for such rentals and upon such terms and conditions as may be agreed upon
by such railroad company or railroad companies and the Authority, and such
leases or contracts may also provide that the Authority acquire any
property rendered unnecessary or useless for railroad purposes as a direct
result of acquisitions or the construction or operation of a new railroad
terminal. Said terminal, Terminal Facilities and the approaches thereto
shall be under the control and management of the Railroad Terminal
Authority but any lease or contract entered into pursuant to this
subparagraph (e) or pursuant to resolution adopted by the Board of
Commissioners by vote of a majority of its members, may vest in a committee
or other body composed of representatives of any and all interested parties
including but not limited to representatives of any railroad company or
companies affected hereunder, such powers as may be specified in such
contract or lease for supervising and controlling the construction,
reconstruction, improvement, maintenance, management and operation of said
terminal, Terminal Facilities and the approaches thereto.
(f) whenever (1) three-fourths of the railroad companies owning, and (2)
three-fourths of the railroad companies operating or using Railroad
Terminals within any Railroad Terminal Area or Areas as established by this
Act have agreed with the Authority to occupy and use the new railroad
terminal, the Authority shall have power to require if deemed necessary or
desirable to promote the public safety and welfare, any other railroad
company or railroad companies entering or hereafter entering the Railroad
Terminal Area or Areas in the City in which the Authority is organized to
use such new terminal, Terminal Facilities and approaches thereto, owned
and operated by the Authority, on such terms and conditions as may be
prescribed by the Authority which shall be fair and reasonable, and in this
connection, to require any such railroad company or railroad companies to
relocate and re-arrange its or their tracks to the extent deemed necessary.
The power of the Authority to require such railroad company or railroad
companies to so remove or relocate its or their tracks shall be exercised
only upon such terms and conditions as the Authority and such railroad
company or railroad companies may agree upon, or in default of such an
agreement, upon such terms and conditions as the Authority may prescribe
which shall be fair and reasonable.
(g) to operate or enter into contracts and leases for the operation of
any restaurant, store or other enterprise of any sort associated with a
terminal;
(h) to make provisions for offstreet parking facilities;
(i) to rent such space in the terminal as from time to time may not be
needed for railroad purposes for such other purposes as the Board of
Commissioners may determine and to execute leases evidencing such rental
agreements;
(j) to fix (subject to the provisions of subparagraph (e) of this
Section) rents, rates and charges for the use of the terminal, Terminal
Facilities and approaches thereto, and other facilities owned and operated
by the Authority;
(k) to convey real property acquired pursuant to this Act and not
required in the operation and maintenance of the terminal, Terminal
Facilities and approaches thereto, for use in accordance with a
redevelopment plan;
(l) to employ and discharge without regard to any Civil Service Act,
engineering, architectural, construction, legal and financial experts and
such other employees as may be necessary in its judgment to carry out the
purposes of this Act and to fix compensation for such employees, and enter
into contracts for the employment of any person, firm or corporation, and
for professional services necessary or desirable for the accomplishment of
the objects and purposes of the Authority and the proper administration,
management, protection and control of its property;
(m) to procure and enter into contracts for any type of insurance or
indemnity against loss or damage to property from any cause, including loss
of use and occupancy, against death or injury of any person, against
employer's liability, against any act of any member, officer or employee of
the Railroad Terminal Authority in the performance of the duties of his
office or employment or any other insurable risk, as the Board of
Commissioners in its discretion may deem necessary;
(n) to accept donations, contributions, capital grants or gifts from any
individuals, associations, municipal and private corporations, the State of
Illinois or any agency thereof, and the United States of America, or any
agency or instrumentality thereof, for or in aid of any of the purposes of
this Act and to enter into agreements in connection therewith;
(o) to borrow money from time to time and in evidence thereof to issue
and sell revenue bonds in such amount or amounts as the Board of
Commissioners may determine, to provide funds for the acquisition of the
area or areas, the demolition and removal of buildings and other structures
thereon, and for constructing, reconstructing, improving, operating and
maintaining a railroad terminal, Terminal Facilities, and approaches
thereto and other facilities, and to pay all costs and expenses incident
thereto, including, but without in any way limiting the generality of the
foregoing, architectural, engineering, legal and financing expense, which
may include an amount sufficient to meet the interest charges on such
revenue bonds during such period or periods as may elapse prior to the time
when the project or projects may become revenue producing and for one year
in addition thereto; and to refund and refinance, from time to time,
revenue bonds so issued and sold, as often as may be deemed to be
advantageous by the Board of Commissioners;
(p) to anticipate the sale of revenue bonds to borrow money to be repaid
from the proceeds of revenue bonds when sold.
(Source: Laws 1957, p. 786.)
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