(70 ILCS 5/0.01) (from Ch. 15 1/2, par. 68.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Airport Authorities Act.
(Source: P.A. 86-1324.)
|
(70 ILCS 5/1) (from Ch. 15 1/2, par. 68.1)
Sec. 1. Definitions. When used in this Act:
"Aeronautics" means the act or practice of the art and science of
transportation by aircraft and instruction therein, and establishment,
construction, extension, operation, improvement, repair or maintenance of
airports and airport facilities and air navigation facilities, and the
operation, construction, repair or maintenance of aircraft.
"Aircraft" means any contrivance now known or hereafter invented, used
or designed for navigation of, or flight in, the air.
"Airport" means any locality, either land or water, which is used or
designed for the landing and taking off of aircraft, or for the location of
runways, landing fields, airdromes, hangars, buildings, structures, airport
roadways and other facilities.
"Airport hazard" means any structure, or object of natural growth,
located on or in the vicinity of an airport, or any use of land near an
airport, which is hazardous to the use of such airport for the landing and
take-off of aircraft.
"Approach" means any path, course or zone defined by an ordinance of an
Authority, or by other lawful regulation, on the ground or in the air, or
both, for the use of aircraft in landing and taking off from an airport
located within an Authority.
"Facilities" means and includes real estate and any and all forms of
tangible and intangible personal property and services used or useful as an
aid, or constituting an advantage or convenience to, the safe landing,
taking off and navigation of aircraft, or the safe and efficient operation
or maintenance of a public airport. In addition, for all airport
authorities, "facilities" means and includes real estate, tangible and
intangible personal property, and services used or useful for commercial
and recreational purposes.
"Board of Commissioners" and "Board" mean the board of commissioners of
an established authority or an authority proposed to be established.
"Commercial aircraft" means any aircraft other than public aircraft
engaged in the business of transporting persons or property.
"Airport Authority" means a municipal corporation created and
established under Section 2 of this Act, and includes Metropolitan
Airport Authorities. "Authority" and "Airport
Authority" are synonymous, unless the context requires otherwise.
"Metropolitan Airport Authority" and "Metropolitan Authority" mean an
airport authority established in the manner provided in Section 2.7 of
this Act.
"Municipality" means any city, village or incorporated town of the State
of Illinois.
"Public Agency" means any political subdivision, public corporation,
quasi-municipal corporation or municipal corporation of the State of
Illinois, excepting public corporations or agencies owning, operating or
maintaining a college or university with funds of the State of Illinois.
"Private aircraft" means any aircraft other than public and commercial
aircraft.
"Public aircraft" means an aircraft used exclusively in the governmental
service of the United States, or of any state or of any public agency,
including military and naval aircraft.
"Public airport" means an airport owned by an airport authority or other
public agency which is used or is intended for use by public, commercial
and private aircraft and by persons owning, managing, operating or desiring
to use, inspect or repair any such aircraft or to use any such airport for
aeronautical purposes.
"Public interest" means the protection, furtherance and advancement of
the general welfare and of public health and safety and public necessity
and convenience in respect to aeronautics.
"Rail Authority" means a Rail Authority established as provided in Section 22.1 of this Act. "Rail facility" has the meaning set forth in Section 22.2 of this Act. "Related facility" has the meaning set forth in Section 22.2 of this Act.
(Source: P.A. 95-641, eff. 10-11-07.)
|
(70 ILCS 5/2) (from Ch. 15 1/2, par. 68.2)
Sec. 2.
Creation of an airport authority.
(a) Any area of contiguous territory having a population of not less than
5,000 and containing one or more municipalities as defined by this
Act, and in which there is not included any territory contained within
the corporate limits of an existing Airport Authority, and in which there
is not included any territory or airport facilities of a municipal
corporation having a population of 500,000 or more which
owns, maintains, or operates an airport or airports within or without its
corporate limits, may be incorporated as an Airport Authority in the manner
provided in Sections 2.1 through 2.6 of this Act; provided, however, that
nothing herein contained shall prohibit any municipality whose territory
lies both inside and outside a county that is incorporated as a
Metropolitan Airport Authority with the majority of the territory lying
outside the county from exercising the authority to own, maintain, or
operate an airport under the provisions of Division 103 of Article 11 of
the Illinois Municipal Code.
(b) The entire territory within the corporate limits of a county with
a population greater than 600,000 and less than 3,000,000, and contiguous
to a county with a population in excess of 1,000,000 inhabitants, except
the territory of any municipality whose territory lies both inside and
outside the county with the majority of the territory lying outside the
county, shall be incorporated as a Metropolitan Airport Authority in the
manner provided in Section 2.7 of this Act.
(Source: P.A. 87-768.)
|
(70 ILCS 5/2.1) (from Ch. 15 1/2, par. 68.2a)
Sec. 2.1.
Petition - Setting for public hearing and notice thereof.
Any 500 or more electors residing within the area may file
with the clerk of the circuit court of the county in which the area is
situated, a petition in the circuit court.
The petition shall set forth (1) a description of the territory intended to
be embraced in the proposed Authority, (2) the names of the
municipalities located within the area, (3) the name of the proposed
Authority, and (4) a prayer that the question be submitted to the
electors residing within the limits of the proposed Authority, whether
they will incorporate as an Authority under this Act. The petitioners in
and by such petition shall authorize and designate one or more persons
to appear for and represent them on the petition, and in the proceedings
thereon in the circuit court, with an authority to amend, to move to
dismiss or to withdraw the petition. Five days prior to the filing of
the petition the petitioners, by the designated representatives, shall
cause a copy of the petition to be served upon the Secretary of the
Department of Transportation, together with a map or plat showing the
boundaries of the territory described in the petition. Such service may
be made by delivery of a copy of the petition and such map or plat to
the office of the Secretary or by personal service thereof upon the
Secretary. Evidence of such service, consisting of a return or an
acknowledgment or an affidavit of the service thereof shall be filed
with the petition. Upon the filing of the petition and such evidence of
service upon the Secretary with the clerk of the circuit court he or she
shall present same to a judge of the circuit court, who shall set the petition
for hearing within not less than 15 nor more than 30 days after the filing
thereof.
The clerk of the circuit court shall cause notice to be given of the
time and place where such hearing will be held by publication on 3
separate days in one or more daily or weekly newspapers having a general
circulation within the territory proposed to be incorporated as an
Airport Authority, the first of which publications shall be not less
than 15 days prior to the date set for such hearing, and if there is no
such newspaper, then such notice shall be posted in not less than 10 of
the most public places in such territory, not less than 15 days prior to
the date set for such hearing. The filing fee on the petition and costs
of printing and publication or posting of notices of public hearing
thereon shall be paid in advance by petitioners.
(Source: P.A. 83-334.)
|
(70 ILCS 5/2.7.3) Sec. 2.7.3. Central Illinois Regional Airport Authority. (a) The Central Illinois Regional Airport Authority is hereby established, the territory of which shall include all of the territory within the corporate limits of McLean County. Within 30 days after the initial appointments have been made under subsection (c), the Authority board shall notify the office of the Secretary of State of the establishment of the Central Illinois Regional Airport Authority, and the Secretary of State shall issue a certificate of incorporation to the Authority. Upon the issuance of a certificate of incorporation, the Central Illinois Regional Airport Authority is an organized airport authority under this Act. (b) If all of the airport facilities of an existing airport authority are situated within McLean County on the effective date of this amendatory Act of the 103rd General Assembly, that existing airport authority is dissolved upon the establishment of the Central Illinois Regional Airport Authority. Upon dissolution, the rights to all property, assets, and liabilities, including bonded indebtedness, of the existing airport authority is assumed by the Central Illinois Regional Airport Authority. (c) The Board of Commissioners of the Central Illinois Regional Airport Authority shall consist of the following commissioners who shall reside within its corporate limits and shall be appointed as follows: (1) Three commissioners shall be appointed by the | ||
| ||
(2) Two commissioners shall be appointed by the mayor | ||
| ||
(3) Two commissioners shall be appointed by the mayor | ||
| ||
(Source: P.A. 103-480, eff. 8-4-23.) |
(70 ILCS 5/2a.1) (from Ch. 15 1/2, par. 68.2a1)
Sec. 2a.1.
Petition-Setting forth tax rate.
The petition may, in addition to the matters required to be set forth in
Section 2.1, also set forth a tax rate, not to exceed the rate specified
in Section 13, as the maximum tax rate for the proposed Authority. In
such case, such proposed maximum tax rate shall be included in the
proposition submitted as provided in Section 2.3, and, in the event the
Authority is established, the aggregate amount of its taxes for any one
year, exclusive of the amount levied for bonded indebtedness or interest
thereon, shall not exceed such maximum tax rate, unless an increase in such
maximum rate is authorized by vote of the electors within the Authority as
provided in Section 13.1.
(Source: Laws 1963, p. 1837.)
|
(70 ILCS 5/2.2) (from Ch. 15 1/2, par. 68.2b)
Sec. 2.2.
Procedure on petition.
The circuit court may continue the hearing on the petition from time
to time. Should it appear on such public hearing that a part only of any
municipality is included within the territory described in the petition,
then such petition shall be amended upon motion of the petitioners, by
their representatives, to either include or exclude all of such
municipality, and such motion shall be allowed. Upon such public hearing
the petitioners, by their representatives, may also move to otherwise
amend their petition or to dismiss or to withdraw the petition, and any
such motion shall be allowed. If such petition is not so dismissed or
withdrawn, the circuit court shall find and determine whether such
territory meets the requirements of this Act, and the sufficiency of the
petition as filed or amended, and of the proceedings thereon and the
population of each municipality included within such territory. A
petition shall not be sufficient, if 500 or more petitioners do not
legally reside within the territory proposed to be incorporated by the
petition as originally filed and as thereafter considered by the court,
or if a whole municipality is not included within the territory. If such
territory, petition and proceedings meet the requirements of this Act,
the court shall order the proposition to be submitted to the electors
at a referendum. The clerk of the court shall certify the order and the
proposition to the proper election officials, who shall submit the proposition
to the voters at an election in accordance with the general election law.
Should two or more petitions covering in part the same territory be
filed prior to the public hearing upon the petition which is first
filed, such petitions shall be consolidated for public hearing, and
hearing thereon may be continued to permit the giving of notice upon any
such petition or petitions.
At the public hearing upon such petitions, the petitioners in the
petition first filed, by their representatives, may move to amend such
petition to include any part of the territory described in any such
other petition which is contiguous with the territory described in the
first petition, either as originally filed or as amended. Any such
motion shall be allowed. The public hearing shall proceed upon the first
petition as originally filed, or as so amended, and further proceedings
upon any such other petition or petitions subsequently filed shall be
stayed and held in abeyance until the termination of all proceedings
upon the first petition, or any such other petition may be dismissed or
withdrawn upon motion of the petitioners therein, by their
representatives.
(Source: P.A. 81-1489.)
|
(70 ILCS 5/2.3) (from Ch. 15 1/2, par. 68.2c)
Sec. 2.3.
Election - procedure.
The clerk of the circuit court shall
certify the order for submission of the proposition, to the proper election
authorities, who shall submit the proposition to the voters
at an election in accordance with the general election law.
In addition to the requirements of the general election law
notice shall include a description of the territory. The notice shall further
state that any such authority upon its establishment shall have the powers,
objects and purposes provided by this Act, including the power to levy the
tax authorized by this Act for airport operation and maintenance and other
corporate purposes, and power to issue tax secured
bonds. Each legal voter residing within the territory shall have a right
to cast a ballot at such election. The proposition shall
be in substantially the following form:
Shall an "Act in relation to Airport Authorities" effective (insert date) be adopted, YES and the ...... Airport Authority be established? (If established, said Airport Authority will have the powers, objects and purposes, provided by the Act, including the power to levy the tax authorized by the Act for airport operation NO and maintenance and other corporate purposes and the power to issue tax secured bonds.)
The circuit court shall by written order determine and declare
the result of the referendum and shall cause the result to be filed
of record in the proceedings of the circuit court.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(70 ILCS 5/2.4) (from Ch. 15 1/2, par. 68.2d)
Sec. 2.4.
How
population to be determined.
In determining the population of the territory, or of any included
municipality, the last federal, State or municipal census for the territory
or municipality shall be used, and the population of that part of the
territory for which no separate census previously had been taken may be
determined by a census taken under the direction and supervision of the
circuit court at any time prior to the entry of the order determining and
declaring the result of the election, or may be established by other
competent evidence.
(Source: Laws 1967, p. 3415.)
|
(70 ILCS 5/2.5) (from Ch. 15 1/2, par. 68.2e)
Sec. 2.5.
Where territory in more than one county.
In case the territory is situated in 2 or more counties, then the
petition shall be filed in the office of the clerk of the circuit court of
the county in which the greater portion of the territory is situated and it
shall be the duty of the circuit court of the county to set the petition
for hearing, and to do the other acts above required to be performed and to
cause the order determining and declaring results of the election to be
filed in the records of the circuit court and a certified
copy thereof
shall be filed with the clerk of the circuit court of such other county or
counties, who shall cause the same to be filed in the records of the
circuit court of such county or counties.
(Source: P.A. 83-343.)
|
(70 ILCS 5/2.6) (from Ch. 15 1/2, par. 68.2f)
Sec. 2.6.
Establishment of authority and completion of corporate record.
If a majority of the votes cast upon the question of the adoption of
this Act and the establishment of an Airport Authority shall be in favor of
the same, the inhabitants thereof shall be deemed to have accepted the
provisions of this Act, and the same shall thence forth be deemed an
organized Airport Authority under this Act, having the name stated in said
petition or such name as may be provided by ordinance in accordance with
Section 12 of this Act. Within 90 days after the results of such
election have been so determined, the said Board of Commissioners of the
authority shall cause a certified copy of such order to be recorded in the
office of the recorder of each county within which
the Authority
is situated and in the office of the Secretary of State, and the Secretary
of State shall thereupon issue a certificate of incorporation to such
Authority. Such requirement of filing is directory and failure to file
within apt time shall not vitiate such organization.
(Source: P.A. 83-358.)
|
(70 ILCS 5/2.7) (from Ch. 15 1/2, par. 68.2g)
Sec. 2.7.
Metropolitan Airport Authority.
(a) Upon the effective date of this amendatory Act of 1986, in
any county with a population between 600,000 and 3,000,000 and contiguous
to a county with a population in excess of 1,000,000 inhabitants, a
Metropolitan Airport Authority is hereby established, the territory of
which shall include all of the territory within the corporate limits of the
county and the territory of any pre-existing authority located partly
within and partly outside the county, except the territory of any
municipality whose territory lies both inside and outside the county with
the majority of the territory lying outside the county. Upon that date,
the Metropolitan Airport Authority shall be deemed an organized Airport
Authority under this Act. Within 30 days after the initial appointments
have been made under Section 3.4, the Authority board shall notify the
office of the Secretary of State of the establishment of the Metropolitan
Airport Authority by this amendatory Act of 1986, who shall thereupon issue
a certificate of incorporation to the Authority.
(b) If all of the airport facilities of an existing Airport Authority
are situated within the corporate limits of a county in which a
Metropolitan Airport Authority is established, the existing Airport
Authority shall be dissolved upon the establishment of the Metropolitan
Airport Authority. In such event the rights to all property and all assets
and liabilities, including bonded indebtedness, of the existing Airport
Authority shall be assumed by the Metropolitan Airport Authority.
(c) (Blank).
(Source: P.A. 91-618, eff. 1-1-00.)
|
(70 ILCS 5/2.7.1) Sec. 2.7.1. Greater Metropolitan Airport Authority. (a) The Greater Metropolitan Airport Authority is hereby established, the territory of which shall include all of the territory within the corporate limits of Peoria County. Within 30 days after the initial appointments have been made under subsection (c) of this Section, the Authority board shall notify the office of the Secretary of State of the establishment of the Greater Metropolitan Airport Authority, and the Secretary of State shall issue a certificate of incorporation to the Authority. Upon the issuance of a certificate of incorporation, the Greater Metropolitan Airport Authority shall be deemed an organized airport authority under this Act. (b) If all of the airport facilities of an existing Airport Authority are situated within Peoria County on the effective date of this amendatory Act of the 95th General Assembly, that existing Airport Authority shall be dissolved upon the establishment of the Greater Metropolitan Airport Authority. In such event, the rights to all property, assets, and liabilities, including bonded indebtedness, of the existing Airport Authority shall be assumed by the Greater Metropolitan Airport Authority.
(c) The Board of Commissioners of the Greater Metropolitan Airport Authority shall consist of 9 commissioners who shall reside within its corporate limits, and who shall be appointed as follows:
(1) The Board of Commissioners of an existing Airport | ||
| ||
(2) Within 20 days after the effective date of this | ||
| ||
(3) The members of the General Assembly whose | ||
| ||
(4) Of the commissioners appointed under subparts (2) | ||
| ||
(Source: P.A. 95-365, eff. 1-1-08.) |
(70 ILCS 5/2.7.2)
Sec. 2.7.2. Crawford County Airport Authority. (a) The Crawford County Airport Authority is hereby established, the territory of which shall include all of the territory within the corporate limits of Crawford County. Within 30 days after the initial appointments have been made under subsection (c) of this Section, the Authority board shall notify the office of the Secretary of State of the establishment of the Crawford County Airport Authority, and the Secretary of State shall issue a certificate of incorporation to the Authority. Upon the issuance of a certificate of incorporation, the Crawford County Airport Authority shall be deemed an organized airport authority under this Act. (b) If all of the airport facilities of an existing airport authority are situated within Crawford County on the effective date of this amendatory Act of the 95th General Assembly, that existing airport authority shall be dissolved upon the establishment of the Crawford County Airport Authority. In such event, the rights to all property, assets, and liabilities, including bonded indebtedness, of the existing airport authority shall be assumed by the Crawford County Airport Authority.
(c) The Board of Commissioners of the Crawford County Airport Authority shall consist of 7 commissioners who shall reside within its corporate limits, and who shall be appointed as follows:
(1) Four commissioners shall be appointed by the | ||
| ||
(2) Three commissioners shall be appointed by the | ||
| ||
(Source: P.A. 95-365, eff. 1-1-08.) |
(70 ILCS 5/3) (from Ch. 15 1/2, par. 68.3)
Sec. 3. Boards of commissioners. Every authority established under this Act shall be governed by a board of
commissioners. For authorities other than Metropolitan Airport
Authorities, the Greater Metropolitan Airport Authority, and the Crawford County Airport Authority, in the order finding the results of the election to be
favorable to the establishment of the authority, the circuit court shall
determine the population of the authority and the population of each
municipality within the authority having 5,000 or more inhabitants
according to the last census.
(Source: P.A. 95-365, eff. 1-1-08.)
|
(70 ILCS 5/3.1) (from Ch. 15 1/2, par. 68.3a)
Sec. 3.1. Boards of commissioners - Appointment. The Boards of
Commissioners of Authorities shall be appointed as follows:
(1) In case there are one or more municipalities having a population of
5,000 or more within the Authority, the commissioners shall be appointed as
follows:
(a) Where there is only one such municipality, 3 | ||
| ||
(a-5) Within 30 days after the effective date of this | ||
| ||
(b) Where there are 2 or more such municipalities, | ||
| ||
(c) Commissioners representing the area within an | ||
| ||
(d) A commissioner representing the area within any | ||
| ||
(2) In case there are no municipalities having a population of 5,000 or
more within such authority located wholly within a single county, such
order shall so find, and in such case the Board shall consist of 5
commissioners who shall be appointed at large by the presiding officer of
the county board with the advice and consent of the county board. If
however the district is located in more than one county, the members of the
General Assembly whose legislative districts encompass any portion of the
Authority shall appoint the commissioners at large.
(3) Should a municipality which is wholly within an authority attain, or
should such a municipality be established, having a population of 5,000 or
more after the entry of said order by the circuit court, the presiding
officer of such municipality may petition the circuit court for an order
finding and determining the population of such municipality and, if it is
found and determined upon the hearing of said petition that the population
of such municipality is 5,000 or more, the board of commissioners of such
authority as previously established shall be increased by one commissioner
who shall reside within the corporate limits of such municipality and shall
be appointed by its presiding officer. The initial commissioner so
appointed shall serve for a term of 1, 2, 3, 4 or 5 years, as may be
determined by lot, and his successors shall be similarly appointed and
shall serve for terms of 5 years. All provisions of this section applicable
to commissioners representing municipal areas shall apply to any such
commissioner. Each such commissioner shall reside within the authority and
shall continue to reside therein.
(4) Notwithstanding any other provision of this Section, the Board of
Commissioners of a Metropolitan Airport Authority shall consist of 9
commissioners.
Seven commissioners shall be residents of the county with
a population between 600,000 and 3,000,000 within which the Metropolitan
Airport Authority was established. These commissioners shall be
appointed by the county board chairman of the county
with a population between 600,000 and 3,000,000 within which the
Metropolitan Airport Authority was established, with the advice and
consent of the county board of that county.
Two commissioners shall be residents of the territory of the Authority
located outside the county with a population between 600,000 and 3,000,000.
These commissioners shall be appointed jointly by the mayors of the
municipalities having a population over 5,000 that are located outside the
county with a population between 600,000 and 3,000,000, with the advice and
consent of the governing bodies of those municipalities.
The transition from the pre-existing composition of the Metropolitan
Airport Authority Board of Commissioners to the composition specified in
this amendatory Act of 1991 shall be accomplished as follows:
(A) The appointee who was required to be a resident | ||
| ||
(B) The other 8 commissioners may serve until their | ||
| ||
(C) All commissioners appointed after the effective | ||
| ||
(Source: P.A. 94-466, eff. 1-1-06; 95-641, eff. 10-11-07.)
|
(70 ILCS 5/3.2) (from Ch. 15 1/2, par. 68.3b)
Sec. 3.2.
Manner of exercising appointments.
All appointments of Commissioners to Boards of Commissioners of Airport
Authorities shall be in writing and shall indicate the legal residence of
the person appointed and whether or not he resides within or without a
municipality having a population of 5,000 or more.
(Source: P.A. 77-685.)
|
(70 ILCS 5/3.3) (from Ch. 15 1/2, par. 68.3c)
Sec. 3.3.
Effect of invalidity of appointment provision.
Should the foregoing provisions respecting the appointment of
commissioners representing the area within any municipality of five
thousand or more population be invalid when applied to any situation,
then as to such situation any such provision shall be deemed to be
excised from this act, and the commissioner whose appointment is thus
affected shall be appointed at large by the county board, or in the case
of a home rule county as defined by Article VII, Section 6 of the
Constitution of 1970 by the chief executive officer of the county with
the advice and consent of the county governing board, except if the
Authority embraces more than one county in which case the commissioners
shall be appointed at large by the members of the General Assembly whose
legislative districts encompass any portion of the Authority.
(Source: P.A. 80-1495.)
|
(70 ILCS 5/3.4) (from Ch. 15 1/2, par. 68.3d)
Sec. 3.4.
Commissioners' terms and qualification.
All initial appointments of commissioners shall be made within twenty
days after the determination of the result of said election, or the
creation of the Metropolitan Airport Authority, as the case may be. Each
appointment shall be in writing and a certificate thereof signed by the
appointing officer shall be filed and made a matter of record in the office
of the county clerk wherein said organization proceedings are filed. A
commissioner shall qualify within ten days after appointment by acceptance
and the taking of the constitutional oath of office, both to be in writing
and similarly filed for record in the office of the said county clerk.
Members initially appointed to the board of commissioners of such Authority
shall serve from date of appointment for one, two, three, four and five
years and shall draw lots to determine the periods for which they each
shall serve. In case there are more than five commissioners, lots shall be
drawn so that five commissioners shall serve initial terms of one, two,
three, four and five years and the other commissioners shall serve terms of
one, two, three, four or five years as the number of commissioners shall
require and the drawing of lots shall determine. Within 30 days after
September 27, 1985, the chairman of a county
board who is to appoint 5 commissioners at large pursuant to this amendatory
Act of 1985 shall appoint 2 such commissioners to serve terms of 3 years
and 5 years, respectively, as determined by lot. The other 3 commissioners
to be appointed at large shall be appointed by such chairman to succeed the
terms of the commissioners holding office on such date who were
appointed at large or from the areas within the Authority located outside
of municipalities having a population of 5,000 or more; provided that such
commissioners then holding office shall continue to serve the terms for
which they were appointed. The successors of all such
initial members of the board of commissioners of an Authority shall serve
for terms of five years, all such appointments and appointments to fill
vacancies shall be made in like manner as in the case of the initial
commissioners except as otherwise provided in this Section. A
commissioner having been duly appointed shall continue to
serve after the expiration of his term until his successor has been
appointed. Each commissioner shall reside within the Authority and shall
continue to reside therein during his term of office.
(Source: P.A. 84-1473.)
|
(70 ILCS 5/4) (from Ch. 15 1/2, par. 68.4)
Sec. 4.
Judicial
notice of existence of authorities.
All courts shall take judicial notice of the existence and dissolution
of an Airport Authority and of the area of jurisdiction of an existing
Authority.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/5) (from Ch. 15 1/2, par. 68.5)
Sec. 5.
Qualifications of commissioners and removal from office.
No person shall be appointed to the Board of Commissioners of any
Airport Authority who has any financial interest in the establishment or
continued existence thereof or who is a member of the governing body or
an officer or employee of a municipality, a county, or any other unit of
local government, or an elected official of State or federal government, except when the authority is
wholly located within a single county
with a population of less than 40,000, an individual employed by a local school
district may serve as a commissioner.
Should it appear to the Department of Transportation
that any member of
the Board of Commissioners of an airport authority may be disqualified,
or guilty of misconduct or malfeasance in office or unwilling or unable
to act, it shall notify the Board of Commissioners of that fact in
writing and it shall then be the duty of the Board of Commissioners to
require such board member to show cause why he should not be removed
from office. Any such person shall be given a hearing by the Board of
Commissioners and, after such hearing, if the Board of Commissioners
finds such a charge should be sustained, it shall remove the person so
charged from office, and a vacancy shall thereupon exist for the
unexpired term of such office.
(Source: P.A. 88-109; 89-174, eff. 7-19-95.)
|
(70 ILCS 5/6) (from Ch. 15 1/2, par. 68.6)
Sec. 6.
Powers
of the board, first meeting, by-laws, etc.
The Board of Commissioners of an Authority shall possess and exercise
all of its legislative and executive powers. Within thirty days after the
appointment of the initial commissioners, the board shall meet and elect a
chairman. It shall then also select a secretary, treasurer and such
officers or employees as it deems expedient or necessary for the
accomplishment of its corporate objects, none of whom need be a member of
the board. The board at said meeting by ordinance shall define the first
and subsequent fiscal years of the Authority, and shall adopt a corporate
seal and by-laws, which shall determine the times for the annual election
of officers and of other regular and special meetings of the board, and
shall contain the rules for the transaction of other business of the
Authority and for amending such by-laws.
Each commissioner of any such Authority shall devote such time to the
duties of such office as the faithful discharge thereof may require, and
shall be compensated for such services upon such basis as the board of
commissioners of such Authority shall provide by ordinance, and each
commissioner shall also be reimbursed actual expenses incurred in the
performance of such official duties, provided, however, in airport
authorities having a population of not more than 500,000 the compensation
for services of any commissioner shall not exceed $150.00 in any one month
for services within the corporate limits of such Authority or within a
distance of 50 miles from such corporate limits, and provided, further, that in airport
authorities having a population of more than 500,000, the compensation for
services of any commissioner shall not exceed the sum of $10,000.00 per
annum.
(Source: P.A. 79-574.)
|
(70 ILCS 5/7) (from Ch. 15 1/2, par. 68.7)
Sec. 7.
Purposes
of Act.
The establishment and continued maintenance and operation of safe,
adequate and necessary public airports and public airport facilities within
the State of Illinois and the creation of airport authorities having powers
necessary or desirable for the establishment and continued maintenance and
operation of such airports and facilities are declared and determined to be
in the public interest, and such powers and the corporate purposes and
functions of such authorities, as herein stated, are declared to be public
and governmental in nature and essential to the public interest.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/8) (from Ch. 15 1/2, par. 68.8)
Sec. 8.
Nature
and powers.
An Airport Authority constitutes a municipal corporation and body
politic separate and apart from any other municipality, the State of
Illinois or any other public or governmental agency and has the powers
enumerated in Sections 8.01 through 8.14, and all other powers incidental,
necessary, convenient, or desirable to carry out and effectuate such
express powers.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.01) (from Ch. 15 1/2, par. 68.8-01)
Sec. 8.01.
To locate, establish and maintain a public airport, public airports and
public airport facilities within its corporate limits or within or upon any
land or body of water adjacent thereto, and to construct, develop, expand,
extend and improve any such airport or airport facility.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.02) (from Ch. 15 1/2, par. 68.8-02)
Sec. 8.02.
To acquire, within or without the corporate limits of the Authority,
land in fee simple, including township roadways, rights in and over land or
water, and easements upon, over or across land or water, and leasehold
interests in land or water, and tangible and intangible personal property,
used or useful for the location, establishment, maintenance, development,
expansion, extension or improvement of any such public airport or public
airport facility. Such acquisition may be by dedication, purchase, gift,
agreement, lease, use or adverse possession or by condemnation. The
authority may acquire for such purposes land in fee simple subject to a
mortgage and as part of the purchase price may assume the payment of the
indebtedness secured by the mortgage. Land may be acquired, possessed and
used for such purposes by an authority under a written contract for a deed
thereto conveying merchantable title and providing that the deed shall be
placed in escrow and be delivered upon payment of the purchase price and
containing such other terms as are reasonably incident to such a contract.
Personal property may be purchased on an installment contract basis.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.03) (from Ch. 15 1/2, par. 68.8-03)
Sec. 8.03.
To operate, maintain, manage, lease, sublease, and to make and enter
into contracts for the use, operation or management of, and to provide
rules and regulations for the operation, management or use of any public
airport or public airport facility.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.04) (from Ch. 15 1/2, par. 68.8-04)
Sec. 8.04.
To fix, charge and collect reasonable rentals, tolls, fees, and charges
for the use of any public airport, or any part thereof, or any public
airport facility.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.05) (from Ch. 15 1/2, par. 68.8-05)
Sec. 8.05.
To establish, maintain, extend and improve roadways and approaches by
land, water or air to any such airport and to contract or otherwise
provide, by condemnation if necessary, for the removal of any airport
hazard or the removal or relocation of all private structures, railways,
mains, pipes, conduits, wires, poles, and all other facilities and
equipment which may interfere with the location, expansion, development, or
improvement of airports or with the safe approach thereto or take off
therefrom by aircraft, and to pay the cost of removal or relocation; and,
subject to the "Airport Zoning Act", approved July 17, 1945, as amended, to
adopt, administer and enforce airport zoning regulations for territory
which is within its corporate limits or which extends not more than 2 miles
beyond its corporate limits.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.06) (from Ch. 15 1/2, par. 68.8-06)
Sec. 8.06.
To restrict the height of any object of natural growth or structure or
structures within the vicinity of any airport or within the lines of an
approach to any airport and, when necessary for the reduction in the height
of any such existing object or structure, to enter into an agreement for
such reduction or to accomplish same by condemnation. Zoning regulations
needed for the support of any such restrictions shall be adopted in a
manner which conforms with the Airport Zoning Act.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.07) (from Ch. 15 1/2, par. 68.8-07)
Sec. 8.07.
To agree with the state or federal government or with any public agency
in respect to the removal and relocation of any object of natural growth,
airport hazard or any structure or building within the vicinity of any
airport or within an approach and which is owned or within the control of
such government or agency and to pay all or an agreed portion of the cost
of such removal or relocation.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.08) (from Ch. 15 1/2, par. 68.8-08)
Sec. 8.08.
To borrow money and to issue bonds, notes, certificates, or other
evidences of indebtedness for the purpose of accomplishing any of said
corporate purposes, which obligations may be payable from taxes or other
sources as provided in this Act; and to refund or advance refund any of the
foregoing with bonds, notes, certificates, or other evidences of
indebtedness, which refunding or advance refunding obligations may be
payable from taxes or from any other source; subject, however, to a
compliance with any condition or
limitation set forth in this Act or otherwise provided by the constitution
of the State of Illinois.
(Source: P.A. 101-81, eff. 7-12-19.)
|
(70 ILCS 5/8.09) (from Ch. 15 1/2, par. 68.8-09)
Sec. 8.09.
To employ or enter into contracts for the employment of any person,
firm, or corporation, and for professional services, necessary or desirable
for the accomplishment of the corporate objects of the Authority or the
proper administration, management, protection or control of its property.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.10) (from Ch. 15 1/2, par. 68.8-10)
Sec. 8.10.
Regulation of aircraft.
(a) For the prevention of accidents, for the furtherance and protection
of
public health, safety and convenience in respect to aeronautics, for the
protection of property and persons within the authority from any hazard or
nuisance resulting from the flight of aircraft, for the prevention of
interference between, or collision of, aircraft while in flight or upon the
ground, for the prevention or abatement of nuisances in the air or upon the
ground or for the extension or increase in the usefulness or safety of any
public airport or public airport facility owned by the airport authority,
an authority may regulate the movement of aircraft upon the surface of any
public airport or in the air above the incorporated territory of the
authority.
(b) Aircraft with a maximum gross take-off weight in excess of 91,000
pounds may not use any airport
facilities under the jurisdiction of a Metropolitan Airport Authority located
in any county with a population of more than 700,000 and less than 1,100,000
except in
an emergency or in connection with an air show or exhibition or as required by
the Federal Aviation Administration or to otherwise comply with federal law.
(Source: P.A. 89-678, eff. 8-14-96.)
|
(70 ILCS 5/8.11) (from Ch. 15 1/2, par. 68.8-11)
Sec. 8.11.
To regulate traffic, speed, movement and parking of motor vehicles upon
a public airport and to employ parking meters, signs and other devices in
the regulation of the same.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.12) (from Ch. 15 1/2, par. 68.8-12)
Sec. 8.12.
To police its property and to exercise police powers in respect thereto
or in respect to the enforcement of any rule or regulation provided by the
ordinances of the Authority and to employ and establish, maintain, and
equip a security force for fire and police protection of a public airport
and to provide that the personnel of the security force shall perform other
tasks relating to the maintenance and operation of that airport. Such a
security force shall not be deemed to be a regularly constituted police or
fire department within the meaning of Sections 10-3-1 and 10-3-2 of the
Illinois Municipal Code. However, members of such security force are
conservators of the peace and as such have all powers possessed by
policemen in cities, and sheriffs, including the power to make arrests on
view or warrants of violations of federal and state statutes, city or
county ordinances and rules and regulations of the Authority and governing
federal agencies; provided, that they may exercise such powers only within
the area of jurisdiction of the Authority when such exercise is required
for the protection of Authority properties and interests, its personnel and
persons utilizing its facilities, and otherwise, within such jurisdiction,
when specifically requested by appropriate federal, State or local law
enforcement officials.
With respect to any security force established for police protection,
the members of such security force shall be
persons who have successfully completed an approved training course
or approved training program
offered at a police training school established under the "Illinois
Police Training Act", as such Act may be now or hereafter amended.
The members of such security force may not serve and
execute civil processes.
(Source: P.A. 79-819.)
|
(70 ILCS 5/8.13) (from Ch. 15 1/2, par. 68.8-13)
Sec. 8.13.
To establish by ordinance of its Board of Commissioners all needful
rules and regulations for the execution of the foregoing powers, for the
government of the authority and for the protection of any public airport
and airport facility within the jurisdiction of the authority, or deemed
necessary or desirable to effect its corporate objectives. Any such
ordinance may provide for the revocation, cancellation or suspension of any
existing privilege or franchise as a penalty for a second or subsequent
violation by the holder thereof of a rule or regulation pertaining to the
enjoyment, use or exercise of such privilege or franchise.
The use of any such public airport or public airport facility of an
Authority shall be subject to the reasonable regulation and control of the
Authority and upon such reasonable terms and conditions as shall be
established by its board of commissioners.
Nothing in this Act authorizes the Authority or Board to establish or
enforce any regulation or rule in respect to aviation, or the operation or
maintenance of any airport or any airport facility within its jurisdiction,
which is to conflict with any federal or state law or regulation applicable
to the same subject matter.
(Source: P.A. 76-968.)
|
(70 ILCS 5/8.14) (from Ch. 15 1/2, par. 68.8-14)
Sec. 8.14.
Rules and regulations adopted under and in pursuance of the powers
granted by Sections 8.10, 8.11 and 8.12 must be contained in an ordinance
which shall be placed on file in the office of the Authority in typewritten
or printed form for public inspection not less than 15 days before
adoption. Such ordinance may prescribe such fines as the Board of
Commissioners deems appropriate of not less than $1 nor more than $1,000 upon
conviction for each offense, and may provide that, in case of continuing
violation of any such rule or regulation, each calendar day that such
violation continues constitutes a separate offense.
Notice of the filing of and public hearing upon any ordinance
prescribing fines or penalties and of the date and time for its being
publicly heard shall be published one time in a newspaper generally
circulated within the Authority not more than 30 nor less than 15 days
prior to the date of such hearing. Such ordinance may be amended at the
public hearing and may be later amended where no new rule or regulation is
adopted or existing fine or penalty modified, without pre-filing or
publication of notice prior to the adoption of the amendatory ordinance.
After adoption, typewritten or printed copies of each ordinance of an
authority which prescribes fines or penalties shall be made available at
the office of the authority for distribution upon request.
All fines, when collected, for violations of any such ordinance of an
authority shall be paid into its treasury.
(Source: P.A. 100-529, eff. 6-1-18.)
|
(70 ILCS 5/8.14a) (from Ch. 15 1/2, par. 68.8-14a)
Sec. 8.14a.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
|
(70 ILCS 5/8.15) (from Ch. 15 1/2, par. 68.8-15)
Sec. 8.15.
In addition to all powers conferred on any Airport Authority under this
Act to acquire real or personal property for Airport Authority purposes,
every Airport Authority has the power:
(a) to convey property, real or personal, to any Public Building
Commission created pursuant to the provisions of the Public Building
Commission Act, approved July 5, 1955, as now or hereafter amended, for the
purpose of permitting such Commission to construct a building thereon for
lease to such Airport Authority.
(b) to lease from any Public Building Commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
now or hereafter amended, any real or personal property for any Authority
purpose, for a period of time not exceeding 20 years.
(c) to pay for the use of the lease property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as now or hereafter amended.
(d) to enter into such lease without making a previous appropriation for
the expense thereby incurred.
(e) to undertake, either in a lease with a
Public Building Commission or separate agreement or contract with a Public
Building Commission, to pay all or part of the costs of maintaining and
operating the property of a Public Building Commission for any period of
time not exceeding 20 years.
However, if any Board of Commissioners of an Airport Authority
undertakes to pay all or part of the costs of operating and maintaining the
property of a Public Building Commission, such costs of operation and maintenance shall
be included in the annual appropriation ordinance or annual budget of such
Authority during the term of such undertaking. The rate of tax and the
authority to levy taxes necessary to pay Public Building Commission lease
payments shall be without limitation.
(Source: P.A. 85-1440.)
|
(70 ILCS 5/8a) (from Ch. 15 1/2, par. 68.8a)
Sec. 8a.
Competency of judges or jurors in actions where authority is party
in interest. In any action or proceeding in which an airport authority may
be a party in interest, no person shall be deemed incompetent as judge or
juror by reason of his or her being an inhabitant or owner
or a life tenant in real estate in such airport authority.
(Source: P.A. 84-551.)
|
(70 ILCS 5/9) (from Ch. 15 1/2, par. 68.9)
Sec. 9. Procedure for eminent domain. In all cases where land in fee simple, rights in land, air or water,
easements or other interests in land, air or water or property or property
rights are acquired or sought to be acquired by said authority by
condemnation, the procedure shall be, as nearly as may be, in accordance
with that provided for the exercise of the right of eminent domain under
the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 5/9.05) Sec. 9.05. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 5/9.1) (from Ch. 15 1/2, par. 68.9a)
Sec. 9.1.
Any territory which is not within the corporate limits of
any airport authority but which is contiguous to an airport authority
and which territory has no electors residing therein, or any such
territory with electors residing thereon, may be annexed to the airport
authority in one of the following ways: (1) a written petition, which
may be initiated by an ordinance adopted by the board, signed by a
majority of the owners of record of all land within such territory, or
if such territory is occupied, by a majority of the owners of record and
by a majority of electors residing thereon, shall be filed with the
Board, which petition shall request annexation and shall state that no
electors reside thereon (or that a majority of the electors residing
thereon join in the petition, whichever shall be the case) and shall be
under oath. The Board of the airport authority to which annexation is
sought shall then consider the question of the annexation of the
described territory. A majority vote of the Board is required to annex.
The vote shall be by "ayes" and "noes" entered on the Board records. A
copy of the Board resolution annexing the territory together with an
accurate map of the annexed territory shall be recorded with the
recorder within the county wherever the annexed territory is
located; (2) a written petition, which may be initiated by an ordinance
adopted by the Board, signed by at least 10% of the owners of record of
all land within the territory, or if the territory is occupied, by at
least 10% of the owners of record of all land within the territory and
10% of all electors residing thereon, shall be filed with the clerk of
the circuit court of the county in which the district or the greater
portion of it is located. A hearing shall be held on the petition. If upon the
hearing the circuit court finds that the petition is in
compliance with law, the court shall order a proposition to be
submitted to the electors at a referendum to decide if the
proposed annexation shall take place. The clerk of the court shall certify
the order and the proposition to the proper election officials, who shall
submit the proposition to the electors at an election in accordance with
the general election law. The proposition shall be submitted
within the territory as provided in Section 2.3 of
this Act. The proposition shall be substantially in the following
form:
Shall (description of YES territory) be annexed to the ...... Airport Authority? NO
If a majority of the electors voting on the proposition vote for
annexation and if the board accepts the proposed addition by an ordinance
annexing the land, the circuit court shall enter an appropriate order and the
annexed land shall thereafter be considered part of
the airport authority.
(Source: P.A. 83-1362.)
|
(70 ILCS 5/9.2) (from Ch. 15 1/2, par. 68.9b)
Sec. 9.2.
Whenever any contiguous, uninhabited, unincorporated territory is
owned by any airport authority, that territory may be annexed by that
airport authority by the passage of a resolution to that effect, describing
the territory to be annexed. A copy of the resolution, with an accurate map
of the annexed territory shall be recorded with the recorder of
the county wherein the annexed territory is located.
(Source: P.A. 83-358.)
|
(70 ILCS 5/9.3) (from Ch. 15 1/2, par. 68.9c)
Sec. 9.3.
Whenever any incorporated territory, containing 60 acres or less, is
wholly bounded by any airport authority organized under this Act, that
territory may be annexed by that airport authority by the passage of an
ordinance to that effect by the Board of Commissioners of the airport
authority, describing the territory to be annexed. After the passage of
such ordinance of annexation, a copy of such ordinance, with an accurate
map of the territory annexed, certified as correct by the Secretary of the
Board of Commissioners, shall be filed with the Recorder of the County in
which the annexed territory is situated.
(Source: P.A. 77-2834.)
|
(70 ILCS 5/10) (from Ch. 15 1/2, par. 68.10)
Sec. 10.
Forms
of corporate action.
Action of the Board of Commissioners of an airport authority of a
legislative character shall be in the form of an ordinance, and after
adoption shall be filed with the Secretary and shall be made a matter of
public record in the office of the authority. Other action of the board may
be by resolution, motion or in other appropriate form, and executive or
ministerial duties may be delegated to one or more commissioners or to an
authorized officer, employee, agent, attorney, or other representative of
the Authority. A majority of the commissioners appointed and qualified
shall constitute a quorum to do business.
The enacting clause of any ordinance shall be substantially as follows:
"Be it ordained by the Board of Commissioners of .... Airport Authority."
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/11) (from Ch. 15 1/2, par. 68.11)
Sec. 11.
Records of authority and officers' bonds.
The Board shall provide for the proper and safe keeping of its permanent
records and for the recording of the corporate action of the Authority. It
shall keep a true and accurate account of its receipts and an annual audit
shall be made of its books, records and accounts. All officers and
employees authorized to receive or retain the custody of money or to sign
vouchers, checks, warrants or evidences of indebtedness binding upon the
Authority shall furnish surety bond for the faithful performance of their
duties and the faithful accounting for all moneys that may come into their
hands in an amount to be fixed and in a form to be approved by the Board.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/12) (from Ch. 15 1/2, par. 68.12)
Sec. 12.
Change
of name.
Whenever an ordinance shall be adopted by the Board of Commissioners of
said Authority by a two-thirds vote of the membership to change the name of
such Authority, a certified copy of such ordinance shall be filed in the
office of the County Clerk of the County wherein such Authority or any
portion thereof is located and thereupon such change of name of such
Authority shall be effective.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/13) (from Ch. 15 1/2, par. 68.13)
Sec. 13.
Annual appropriations and tax levy.
Every Authority created under this Act is hereby empowered to levy
and collect a general tax on all of the taxable property within the
corporate limits of such Authority for the purpose of paying the cost of
operating and maintaining any public airport or public airport facility
of the Authority, and any other corporate expenses of the Authority. However,
a tax levy imposed by a Metropolitan Airport Authority does not apply to any
township, municipality, or unincorporated territory that has been statutorily
removed from the jurisdiction of the Authority, has opted out of the Authority,
or is currently being taxed by another airport authority. The
aggregate amount of such tax for one year, exclusive of the amount
levied for bonded indebtedness or interest thereon, shall not exceed the
rate of .075% upon the aggregate valuation of all taxable property
within the Authority, as equalized or assessed by the Department of
Revenue. If there is in effect in the Authority a
maximum tax rate established pursuant to Section 2.1a or 13.1, the
aggregate amount of such tax for one year, exclusive of the amount
levied for bonded indebtedness or interest thereon, shall not exceed the
maximum tax rate so established, and in no event shall such maximum tax
rate exceed the rate of .075% as hereinbefore set forth.
The Board of Commissioners of any Airport Authority shall establish
the beginning and ending of its fiscal year and annually within the
first quarter of the fiscal year shall adopt an appropriation ordinance
appropriating such sums of money as are deemed necessary to pay the
costs of operating and maintaining any public airport or airports
located within the corporate limits of the Authority and under the
jurisdiction thereof and other expenses of the Authority and specifying
the purpose of each appropriation made.
An appropriation ordinance adopted by an Authority created under this
Act in a county with a population between 700,000 and 3,000,000 shall
be immediately presented to the county board chairman.
The chairman of the county board has the power to veto or reduce
any line item in the ordinance as provided in Section 5-1014.5 of the Counties
Code.
After the adoption of the appropriation ordinance and on or before
the second Tuesday in August of each year, the board of commissioners
shall ascertain the total amount of the appropriations legally made
which are to be provided for from the tax levy for that year. Then, by
an ordinance specifying in detail the purposes for which such
appropriations have been made and the amounts appropriated for such
purposes, the board of commissioners shall levy not to exceed the total
amount so ascertained upon all the property subject to taxation within
the authority as the same is assessed and equalized for state and county
purposes for the current year.
The limits of the tax rate and the authority to levy as set forth in
this Section do not include the rate of or authority to levy taxes
required for lease payments to any Public Building Commission. The tax
rate necessary and the authority to levy taxes for such lease payments
are in addition to such limits and are without limitation as to rate or
amount.
(Source: P.A. 88-101; 89-402, eff. 8-20-95.)
|
(70 ILCS 5/13.1) (from Ch. 15 1/2, par. 68.13a)
Sec. 13.1.
In any Authority in which there has been established a
maximum annual tax rate which is less than the maximum rate otherwise
applicable by the terms of Section 13, the Board may, by ordinance or
resolution duly adopted, cause to be submitted to the legal voters of
the Authority a proposition to increase such maximum tax rate to a rate
not exceeding the specific maximum rate set forth in Section 13 by certifying
proposition and the ordinance or resolution to the proper election officials,
who shall submit the proposition to the voters at an election in accordance
with the general election law. In addition to the requirements of the general
election law, notice of the submission of such proposition at any election
shall be given in the manner prescribed in Section 14.5. The proposition
shall be in substantially
the following form:
Shall the maximum generaltax rate of the.... Airport YESAuthority be increased from ....% to....% of full, fair NOcash value?
If a majority of the legal voters of the Authority voting upon such
proposition vote in favor thereof, the Board may thereafter levy a tax
not to exceed the rate so authorized.
The limits of the tax rate and the authority to levy as set in this
Section do not include the rate of or authority to levy taxes required
for lease payments to any Public Building Commission. The tax rate
necessary and the authority to levy taxes for such lease payments are in
addition to such limits and are without limitation as to rate or amount.
(Source: P.A. 81-1489.)
|
(70 ILCS 5/13.2)
Sec. 13.2.
Capital improvement program and budget.
Each airport authority
organized under this Act may annually prepare and update a 5-year capital
improvement program and yearly capital budgets based on the program. The
purposes of the program are to (i) inventory the airport authority's capital
assets, (ii) determine the match between needs and resources, (iii) plan for
capital investments and the maintenance of existing facilities, (iv) analyze
the relationships between capital maintenance and operating spending, and (v)
assist the airport authority in competing for its fair share of State and
federal moneys.
(Source: P.A. 92-836, eff. 8-22-02.)
|
(70 ILCS 5/13.3)
Sec. 13.3.
Appropriations for capital improvements.
An airport authority
that has prepared a capital improvement program under Section 13.2 may, in its
annual appropriation ordinance, appropriate an amount not to exceed 3% of the
equalized assessed value of property subject to taxation by the airport
authority for the purpose of making specified capital improvements,
acquisitions, repairs, or replacements of the airport authority's real property
or equipment or tangible personal property. The amount
appropriated for that purpose shall be deposited into a special fund known as
the Capital Program Fund. Expenditures from the Capital Program Fund must be
budgeted in the fiscal year in which the capital improvement, acquisition,
repair, or replacement will occur. If any surplus moneys remain after the
completion or abandonment of any object for which the Capital Program Fund was
established, the moneys no longer necessary for capital improvement,
acquisition, repair, or replacement shall be transferred into the airport
authority's general corporate funds on the first day of the fiscal year
following the abandonment or completion of the project or the discovery of the
surplus moneys.
(Source: P.A. 92-836, eff. 8-22-02.)
|
(70 ILCS 5/14) (from Ch. 15 1/2, par. 68.14)
Sec. 14.
Cooperative action with other governments.
An Airport Authority may apply for and receive the grant or loan of
money or other financial aid from the state or federal government or from
any state or federal agency, department, bureau or board, necessary or
useful for the undertaking, performance or execution of any of its
corporate objects or purposes, and any such Authority may undertake the
acquisition, establishment, construction, development, expansion, extension
or improvement of a public airport or public airports within or without its
corporate limits or within or upon any body of water adjacent thereto and
airport facilities incidental or appurtenant thereto, aided by, in
cooperation with or as a joint enterprise with the state or federal
governments or with the aid of, or in cooperation with, or as a joint
project with both the state and federal governments. The state and federal
governments in so acting may be represented by any authorized state or
federal agency, department, bureau or board. An airport authority may
participate, by adoption of an appropriate ordinance or resolution, in a
public building commission and in a regional planning commission for
territory which includes all or any part of the authority, and out of its
corporate revenues may make contributions to pay the expenses of any such
commission in which it participates.
(Source: Laws 1965, p. 952.)
|
(70 ILCS 5/14.1) (from Ch. 15 1/2, par. 68.14a)
Sec. 14.1. Bond limitation. An Authority may secure the necessary
funds to finance part or all of the cost of (i)
acquiring, establishing,
constructing, developing, expanding, extending or further improving a
public airport, public airports, or airport facilities within
or without its corporate limits or within or upon any body of water
adjacent thereto; and (ii) studying, designing, acquiring, constructing, developing, expanding, extending, or improving any rail facility or related facility as provided in this Act for a Rail Authority established by the Board of Commissioners of the Authority, upon a determination by the Board of Commissioners, that, in its judgment, the rail or other service to be provided by those rail facilities or related facilities will benefit the airport operated by the Airport Authority, through the issuance of bonds as hereinafter provided in
Sections 14.1 to 14.5 inclusive, to the principal amount of which at any
one time outstanding, together with other outstanding indebtedness of the
Authority, shall not exceed 2.3% of the aggregate valuation of all taxable
property within the Authority, as equalized or assessed by the Department
of Revenue or, until January 1, 1983, if greater, the sum that is produced
by multiplying the Authority's 1978 equalized assessed valuation by the
debt limitation percentage in effect on January 1, 1979. No such airport
project shall be financed by the issuance of bonds under this Section
unless such proposed airport project has been approved by the Department of
Transportation as to location and size and found by the Department to be in
the public interest; provided that the approval of the Department of
Transportation as provided in Sections 14.1 through 14.5 is not required in
the case of airport projects consisting solely of commercial or
recreational facilities or rail facilities or related facilities.
(Source: P.A. 95-641, eff. 10-11-07.)
|
(70 ILCS 5/14.2) (from Ch. 15 1/2, par. 68.14b)
Sec. 14.2. General plans and cost estimate to be approved. Before the
adoption of any ordinance providing for the issuance of such bonds, the
board of commissioners of the authority shall cause a description and
general plan for the project to be prepared and submitted to the Department
of Transportation, together with an estimate of the cost of the project.
The project and the plans and estimate of cost may be changed with the
approval of the Department. Prior to undertaking the project, the final
plans, specifications and estimate of cost must be approved by the
Department. The requirements of this Section do not apply to airport
projects consisting solely of commercial or recreational facilities or rail facilities or related facilities.
(Source: P.A. 95-641, eff. 10-11-07.)
|
(70 ILCS 5/14.3) (from Ch. 15 1/2, par. 68.14c)
Sec. 14.3. Bond ordinance. Upon the approval of the general plan and
cost estimate for any such project by the Department of Transportation,
if required, the
Board of Commissioners of the authority shall provide by ordinance for the
acquisition or undertaking of such project, and for the issuance of bonds
of the authority payable from taxes to pay the cost of such project to the
authority or for costs with respect to rail facilities or related facilities as provided in Section 14.1. The ordinance shall prescribe all details of the bonds and shall
state the time or times when bonds, and the interest thereon, shall become
payable and the bonds shall be payable within not more than 20 years from
the date thereof. Any authority may agree or contract to sell, issue or
deliver bonds payable from taxes at such price and upon such terms as
determined by the Board of Commissioners of the Authority and as will not
cause the net effective interest rate to be paid by the Authority on the
issue of which such bonds are a part to exceed the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) the greater of 9% per annum
or 125% of the rate for the most recent date shown in the 20 G.O. Bonds
Index of average municipal bond yields as published in the most recent
edition of The Bond Buyer, published in New York, New York, (or any
successor publication or index, or if such publication or index is no
longer published, then any index of long term municipal tax-exempt bond
yields then selected by the Board of Commissioners of the Authority), at
the time the contract is made for such sale of the bonds. Subject to such
limitation, the interest rate or rates on such bonds may be established by
reference to an index or formula which may be implemented or administered
by persons appointed or retained therefor by the Authority. A contract is
made with respect to the sale of bonds when an Authority is contractually
obligated to issue or deliver such bonds to a purchaser who is
contractually obligated to purchase them, and, with respect to bonds
bearing interest at a variable rate or subject to payment upon periodic
demand or put or otherwise subject to remarketing by or for an Authority, a
contract is made on each date of change in the variable rate or such
demand, put or remarketing. The ordinance shall provide for the levy and
collection of a direct annual tax upon all the taxable property within
the corporate limits of such Authority, sufficient to meet the principal
and interest of the bonds as same mature, which tax shall be in addition
to and in excess of any other tax authorized to be levied by the
Authority.
The bonds may be issued in part under the authority of, and may be
additionally secured as provided in, the Local Government Debt Reform Act. Proceeds of bonds issued with respect to rail facilities or related facilities shall be provided to, or expended by the Authority for the benefit of, the Rail Authority.
A certified copy of the ordinance providing for the issuance of bonds
authorized by this Section shall be filed with the county clerk of each
county in which the authority or any portion thereof is situated and
shall constitute the basis for the extension and collection of the tax
necessary to pay the principal of and interest and premium, if any,
upon the bonds issued under the ordinance as the same mature.
The provisions of this amendatory Act of 1985 shall be cumulative and in
addition to any powers or authority granted in any other laws of the State,
and shall not be deemed to have repealed any provisions of existing laws.
This amendatory Act of 1985 shall be construed as a grant of power to public
corporations and shall not act as a limitation upon any sale of bonds
authorized pursuant to any other law. This amendatory Act of 1985 shall
not be construed as a limit upon any home rule unit of government.
(Source: P.A. 95-641, eff. 10-11-07.)
|
(70 ILCS 5/14.4) (from Ch. 15 1/2, par. 68.14d)
Sec. 14.4.
Bonds registered and negotiable.
Bonds, whether payable from
taxes or
from revenues, may be made
registrable either as to principal or as to both principal and
interest and shall be deemed to be negotiable
instruments and shall be executed by the Chairman of the Authority and its
Secretary and shall be sealed with the corporate seal of the Authority. The
facsimile signatures of the Chairman and the Secretary of the Authority may
be used on all bonds and on all interest coupons attached to said bonds
in lieu of their
actual signatures. In case any officer whose signature appears on the
bonds, or any portion thereof, or in facsimile form to any bonds or any
coupons attached
to the bonds, or any portion thereof, ceases to hold his office before
delivery of the bonds, his signature, nevertheless, shall be valid and
sufficient for all purposes, the same as if he had remained in office until
after the said bonds had been delivered.
(Source: P.A. 84-125.)
|
(70 ILCS 5/14.5) (from Ch. 15 1/2, par. 68.14e)
Sec. 14.5.
Referendum if bonds exceed 3/4 of one per cent of assessed
value.
In case any such ordinance provides for the issuance of bonds in an
amount which, together with the aggregate of all tax secured bonds
theretofore issued under this Section at any time and then outstanding,
exceeds 3/4% of the aggregate valuation of all taxable property within
the Authority, as equalized or assessed by the Department of Revenue,
then such ordinance shall not take effect, nor shall
any bonds be issued thereunder, until the question whether the bonds
shall be issued is submitted to the legal voters of the Authority and
approved by a majority of those voting upon the question. The question
may be submitted at any election after the adoption of such ordinance.
The Board shall certify the question and the ordinance to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the
general election law. The question shall be in substantially the
following form:
Shall the.... Airport Authoritybe authorized to issue general YESobligation bonds in the amount of $ (fill in amount) for the purpose of NO(state purpose)?
If a majority of the legal voters of the Authority voting upon such
proposition vote in favor thereof, the ordinance providing for the
issuance of such bonds shall be in full force and effect and such bonds
may be issued as provided in this Section. The principal aggregate
amount of any bonds issued under such ordinance shall not exceed,
together with bonds theretofore issued under this Section and then
outstanding, and other outstanding indebtedness of the Authority, 2% of
the aggregate valuation of all taxable property within the Authority, as
equalized or assessed by the Department of Revenue.
(Source: P.A. 81-1489; 81-1509.)
|
(70 ILCS 5/15) (from Ch. 15 1/2, par. 68.15)
Sec. 15.
Obligations payable from operating revenue.
The Board of
Commissioners of an Authority, from time to time, may execute and deliver
bonds, notes or certificates of indebtedness payable from revenues, in such
form as may be approved by the Board. Notwithstanding the provisions of
any other law to the contrary, including particularly but without
limitation the Bond Authorization Act, such bonds, notes or certificates of
indebtedness: may bear interest at any rate or rates (which may be
established by reference to an index or formula which may be implemented or
administered by persons appointed or retained therefor by the Authority),
may bear such date or dates, may be payable at such time or times and at
such place or places, may mature at any time not later than 30 years from
the date of issuance, may be sold at public or private sale at such time or
times and at such price or prices, may be secured by such pledges,
reserves, guarantees or insurance, may be executed in such manner, may be
subject to redemption prior to maturity, all upon such terms and conditions
as are provided by the Authority in the ordinance authorizing the issuance
of any bonds, notes or certificates of indebtedness. The bonds, notes, or
certificates of indebtedness shall be payable solely from revenue derived
from the operation, management or use of any public airport, or airport
facility or facilities in accordance with the rules, regulations,
contracts, leases or subleases of the Authority. Such revenue obligations
shall not be payable or paid out of funds derived by the Authority from
taxation or by funds derived from the sale of any property belonging to
said Authority. Any bond, note or certificate of indebtedness issued under
this section shall recite in the body thereof that the same is payable
solely from the revenue pledged to pay the same, and shall state on its
face that the same is not payable from taxation and that it is not a debt
within the meaning of any statutory or constitutional limitation. The
bonds, notes, or certificates of indebtedness may be issued in part under
the authority of, and may be additionally secured as provided in, the Local
Government Debt Reform Act.
(Source: P.A. 87-854.)
|
(70 ILCS 5/15.1) (from Ch. 15 1/2, par. 68.15a)
Sec. 15.1.
Ordinance authorizing obligations payable from operating
revenue; Disposition of revenue; Enforcement of contract against
airport authority. The ordinance authorizing the issuance of any such
bonds, notes, or certificates of indebtedness payable solely from operating
revenue of an airport or airport facility or facilities shall describe such
airport, airport facility or facilities, state the purpose or purposes for
which the funds derived from the issuance of such bonds, notes, or
certificates of indebtedness shall be used and specify the interest rate
thereof, which may include a variable interest rate, and any other details
in respect thereto as to the Board of Commissioners seem necessary or
desirable. The ordinance shall set forth the operating revenues which are
to be, and are thereby pledged and apportioned or allocated in whole or in
part to the payment of such revenue bonds, notes, or certificates of
indebtedness, and which the Board of Commissioners of the Authority
determine to be sufficient to pay the cost to the Authority of maintaining
such airport, airport facility or facilities, to provide an adequate
depreciation fund therefor, adequate reserve funds for the security of the
bonds, notes, or certificates of indebtedness, and to pay the principal of,
and interest upon, such revenue bonds, notes, or certificates of
indebtedness, if apportioned in the manner proposed. The Board of
Commissioners shall establish a depreciation fund and may establish one or
more reserve funds, to be maintained as a separate account of the Authority
for the purpose of providing for the continued and efficient maintenance of
such airport, airport facility or facilities during the period such bonds,
notes, or certificates of indebtedness may be outstanding and shall make
and adopt by appropriate action, all needful rules and regulations for the
occupancy, use, maintenance and operation thereof. The charges, tolls,
fees, rates or rentals from which the operating revenues so pledged and
apportioned or allocated are derived shall be designated by the ordinance
and shall be sufficient to pay the cost to the Authority of maintaining
such airport, airport facility or facilities, to provide an adequate
depreciation fund therefor and adequate reserve funds for the security of
the bonds, notes, or certificates of indebtedness, and to pay the principal
of, and interest upon, such revenue bonds, notes, or certificates of
indebtedness. The Authority may provide by ordinance for the appointment of
a trustee on behalf of the owners of any bonds, notes, or certificates of
indebtedness of the Authority and may authorize a trust indenture to set
forth the duties and obligations of such trustee, which may include the
custody and investment of any or all funds of the Authority. While the
bonds, notes, or certificates of indebtedness are outstanding, the
accounts, books or records of the Authority shall at all times reflect the
amount of revenue received from the occupancy or use of such airport,
airport facility or facilities, the sums credited to and deposited in any
such depreciation fund or reserve fund and the amount of such revenue
bonds, notes, or certificates of indebtedness issued and outstanding. The
Authority may provide by the ordinance authorizing the issuance of such
bonds, notes, or certificates of indebtedness that they shall be
registerable, and may be called or accelerated in retirement with or
without the payment of a premium or charge therefor, and in such case the
bonds, notes, or certificates of indebtedness shall so state. Until payment
in full of the bonds, notes, or certificates of indebtedness and
interest thereon, the portion of the revenues
pledged and allocated to the payment of such bonds, notes, or
certificates of indebtedness shall be set aside as a
separate fund and used solely for such purpose. The ordinance of the
Authority authorizing any revenue bonds, notes, or certificates of
indebtedness and any trust indenture with respect thereto may provide that
in the event of any failure to pay principal of, premiums on, if any, or
interest on the revenue bonds, notes, or certificates of indebtedness, the
entire principal of any such revenue bonds, notes, or certificates of
indebtedness together with all interest thereon may be declared to be
immediately due and payable. In the event the fund becomes sufficient for
the payment in full of all outstanding bonds, notes, or certificates of
indebtedness due within the current fiscal year for which it is
established, and premium, if any, and interest thereon, the surplus above
the amount required for such payment from time to time accumulated in such
fund may be transferred to the general corporate fund of the Authority by
appropriate action of the Board and used for other expenses of the
Authority. The ordinance and the provisions of this Act authorizing the
issuance of bonds, notes, or certificates of indebtedness shall constitute
a contract with the holder of any such bond, note, or
certificate of indebtedness, or any coupon
evidencing interest thereon, and may be enforced as against such Airport
Authority and its corporate officers, in a civil action. Mandamus,
injunction or any other appropriate proceeding may be brought and
maintained to secure such enforcement.
(Source: P.A. 87-854.)
|
(70 ILCS 5/15.2) (from Ch. 15 1/2, par. 68.15b)
Sec. 15.2.
An Airport Authority may construct office, aircraft hangar
and service buildings and appurtenant facilities upon a public airport owned
and operated by the authority for the use and occupancy of the State Department
of Transportation under a lease to the State of Illinois for such purpose.
The rents and charges payable thereunder shall be not greater than the total
costs to the authority of constructing and maintaining said airport improvements
and of funding such costs under the provisions of Sections 8.03, 8.04, 8.08,
15 and 15.1, as amended, of this Act as hereinafter provided. The rentals
payable to the authority under such lease, together with such non-tax revenues
as are available to the authority, shall also be adequate in amount for
the authority to establish and maintain a bond reserve account. Such lease
shall not be effective for a longer term than is reasonably required to
enable such funding to occur, and in no event shall the term thereof exceed
thirty years. Such airport improvements shall be constructed upon plans
and specifications approved by the
Department of Transportation. The lease of said improvements and the site
thereof to the State of Illinois shall be executed by the Department of
Central Management Services for the use of the Department of Transportation.
In the event the General Assembly does not appropriate the necessary funds
for paying the rentals on the lease entered into by the authority under
this Section, the authority may lease such facilities to another lessee.
The authority may secure the funds required for the construction of said
improvements through the issuance and sale of revenue bonds as authorized
by and subject to the conditions stated in said Sections 15 and 15.1 of
this Act, which bonds shall bear interest at a rate not to exceed that permitted
in "An Act to authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as now or hereafter amended.
Such revenue bonds
shall be primarily secured by the income receivable by the authority under
said lease. Other available and unpledged airport operating income may
be pledged by the authority to meet any deficiency in the income from the
lease in meeting the principal and interest maturities of said revenue bonds
and the maintenance and depreciation requirements of said Section 15.1.
The principal amount of such revenue bonds shall be based upon the actual
total costs of said improvements including costs of engineering and
architects services, the costs incidental to the issuance of the bonds,
including legal costs, the costs of selling and printing the bonds, and
the interest on the bonds during the time of construction. Construction
contracts for said improvements shall be awarded upon competitive bids
and such bids and the making of awards shall be subject to approval by the
Authority and the Department of Transportation.
(Source: P.A. 82-1057.)
|
(70 ILCS 5/16) (from Ch. 15 1/2, par. 68.16)
Sec. 16.
Pre-existing public agencies.
Except as
otherwise provided in this Section, in
case any airport authority organized hereunder shall be coterminous
with, or shall include within its corporate limits, in whole or in part,
any pre-existing public agency authorized to own, operate and maintain a
public airport and to levy taxes for any such purpose, and in fact
owning, operating and maintaining a public airport or public airport
facility located within the corporate limits of such airport authority, such
public agency other than any airport authority acquired by a Metropolitan
Airport Authority, shall be paid, upon such terms as may be agreed upon
by its corporate authorities and the board of commissioners of such
airport authority, but in no event shall such public agency be paid in
excess of its investment or for any funds advanced to such public
agency, or otherwise paid or expended, either directly or indirectly, by
the state or federal governments for the acquisition of the land used
for such airport or for any such existing airport improvement or
facility. The terms of payment shall provide for payment in full within
not more than 20 years from the date of such agreement.
However, a Metropolitan Airport Authority shall have no authority to
acquire a public airport or public airport facilities of an airport which
is operated by a municipality with a population over 500,000.
In case the amount and terms of payment are not so determined by
agreement, the board of commissioners of the Authority shall cause a
description of such airport and such existing improvements and
facilities to be made together with an estimate of the previous actual
expenditures of such public agency therefor, and shall tender payment of
the total amount so estimated in writing to such public agency. Such
tender shall provide for payment by the Authority of the amount tendered
within 5 years from the date thereof, any part of the sum remaining
unpaid after 12 months from the date to bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. In case such
tender is not accepted in writing by the
corporate authorities of such public agency within 30 days after the
same is made, the Authority by its board of commissioners shall file a
petition in the circuit court of a county in which the Authority and
such public agency are both situated, making such public agency a party
defendant thereto, setting forth a description of such airport, airport
improvements and facilities, the estimated amount of such previous
expenditures by the defendant, the fact of such tender having been made
and the date thereof, and praying that there be determined by the
circuit court the true amount of such prior expenditures by such public
agency. A copy of the petition shall be served upon the presiding
officer of such public agency within 5 days after the filing of such
petition, and upon presentation to the court of proof of such service,
the petition shall be set for hearing within not less than 10 nor more
than 20 days. Such hearing may be continued from time to time upon the
request of the petitioner or of the respondent, and, upon
the hearing, the circuit court shall consider such evidence as
may be submitted by the parties and shall determine the amount of such
actual previous expenditures made by such public agency. The amount so
determined shall be conclusive as between the parties, and shall be paid
by the airport authority within 5 years after the entry of the order
making such determination, any part of the sum remaining unpaid after 12
months from the entry of the order to bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. When paid the
sum shall be accepted by the public agency as
full payment for such airport and existing improvements and facilities.
Moneys received by any such pre-existing public agency from such
airport authority in consideration of the conveyance or transfer of any
such airport property or airport facility shall be held and used by it,
in full or to the extent required, for the repayment of its outstanding,
lawful airport indebtedness, as the same matures.
Upon the determination of the amount of payment to be paid by the
authority to any such public agency and the approval thereof and the
terms of payment by the corporate authorities of such public agency and
the board of commissioners of the airport authority, or, in case the
amount and terms of payment are not determined by agreement, upon the
tender by the Authority as above provided, the airport authority shall
succeed to the interest of such public agency in such airport property
or facility and shall appropriate and use any such airport property or
facility in accordance with its authorized corporate objects and
purposes, and any such pre-existing public agency which is coterminous
with, or is wholly included within, the corporate limits of an airport
authority, shall cease to exercise any power in respect to public
airports; and any such public agency which is only in part within such
airport authority shall not thereafter own, operate, maintain, manage,
control or have an interest in any public airport or airport facility
within such airport authority.
Except in the case of any such pre-existing public agency which, at
the time an Authority is established, owns and operates a public airport
located within the corporate limits of the Authority, and then only for
the period of time required for the acquisition of such airport by the
Authority as above provided, and except as otherwise provided in this
Section no public agency shall own, operate or maintain a public airport
within the corporate limits of the airport authority.
In case the airport owned, operated and maintained by any
pre-existing public agency is located upon land owned by another public
agency which by lease or agreement has authorized the establishment of
such airport upon its land, the airport authority upon acquiring such
airport, or concurrently with its acquisition, may acquire title to such
land by agreement with the public agency having title thereto and if the
Authority is unable to agree with the public agency in respect to the
value of the land, the Authority may acquire title thereto, free and
clear from all airport improvements, leases, agreements and
encumbrances, as is provided by Section 9 of this Act.
Nothing in this Section shall prohibit a municipality with a population
of over 500,000 from owning, operating and maintaining a public airport
within the corporate limits of a Metropolitan Airport Authority.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(70 ILCS 5/16.1) (from Ch. 15 1/2, par. 68.16a)
Sec. 16.1.
Sale or disposition of surplus property, etc.
An airport authority shall have the power to sell, transfer or otherwise
dispose of real property which is no longer needed by, appropriate to,
required for the use of, or profitable to the authority, or the continued
ownership of which is not in the best interest of the authority. The Board
of Commissioners of the authority shall provide therefor by appropriate
ordinance or resolution, designating the person authorized to make the
sale, transfer, or to otherwise dispose of the property. In every case
where such property is to be sold, the Board shall estimate the value
thereof. If such estimated value exceeds $1000, the Board shall cause a
notice of its intention to sell and inviting offers to purchase such
property, which shall be described therein, to be published in a paper of
general circulation in the authority, and if the Board shall so elect, it
may otherwise and further advertise the sale of such property. At least one
publication of such notice shall be made 10 days prior to the consideration
of any offer to purchase such property. Any such sale may be on the basis
of written sealed bids or by negotiation. The authority may reserve
easements, rights in land, and the right of repurchase, or attach other
conditions, including those relating to the use of the property in the
conveyance, transfer or other instrument of disposition of such property.
An airport authority shall have the power to sell, assign, transfer or
convey any item of personal property in such manner as its Board of
Commissioners may specify, with or without advertising the sale, and may
authorize any officer or employee of the authority to convert an item of
personal property into some other form by using the material in the
personal property, and may authorize any officer or employee to convey or
turn in any specific article of personal property on any new purchase of a
similar article. No article shall be turned in as a part of the purchase
price of a similar article, except upon the receipt of competitive bids and
in such manner as may be provided for by ordinance, which shall be placed
on file for public inspection for at least one week prior to the receipt of
such competitive bids. The receipt of competitive bids in any such
transaction shall not preclude negotiation by the Board of Commissioners
with any bidder with respect to the precise terms of the transaction and
the cash sum to be paid by the authority.
Any deed, grant, conveyance, bill of sale or other instrument, if made
by the authority of the Board of Commissioners of an airport authority and
which is without fraud or collusion, shall be obligatory upon the airport
authority.
(Source: Laws 1957, p. 1028.)
|
(70 ILCS 5/17) (from Ch. 15 1/2, par. 68.17)
Sec. 17.
Dissolution of an authority.
In case any Airport Authority has not become or has ceased to be the
owner of an airport and has fully discharged all of its debts and
obligations or has arranged for the assumption thereof by any other
public agency, it may be dissolved in the manner following:
Its board of commissioners shall adopt an ordinance finding and
determining that the foregoing conditions exist and that the public
interest does not require continuation of the Authority. A certified
copy of such ordinance shall be delivered to the Department of
Transportation and if the department shall find and determine that the
facts stated in the ordinance are true it shall so certify to the
board of commissioners of the Authority. Thereupon the ordinance
and certificate shall be published once in a daily or weekly newspaper
or newspapers of general circulation within the Authority and, if there
be no such newspaper, such ordinance and certificate shall be posted in
ten of the most public places in the Authority. Such publication or posting
of the ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting the submission to the electors of
the question of the dissolution of the Authority; (2) the time in which
such petition must be filed; and
(3) the date of the prospective referendum. The secretary of the Board
shall provide a petition form to any individual requesting one.
Unless a petition shall be filed with the board within 30 days after such
publication or posting containing the signatures of voters equal in number
to 10% or more of the total number of registered voters in the territory of
the Authority requesting that the question of the dissolution of the
Authority be submitted to an election, the Authority shall be deemed to be
dissolved at the expiration of the thirty day period. If such a petition is
filed then the question of the dissolution of the Authority shall be
certified to the proper election officials, who shall submit the question
to the electors of the Authority at an election in accordance with the
general election law.
The question shall be in substantially the following form:
"Shall the.... YESAirport Authority be dissolved?" NO
The result of the election shall be entered upon the corporate records of the Authority.
If a majority of the ballots cast on the question are marked "yes"
the Authority shall be dissolved. But if a majority of the ballots on the
question are marked "no", the corporate authorities shall proceed
with the affairs of the Authority as though the dissolution ordinance
had never been adopted, and, in such case, the question shall not
again be considered for a period of two years. When the business and
affairs of any such Authority have been closed up after the dissolution
thereof such fact shall be certified by the chairman of its board of
commissioners to the county clerk and recorder of the county or counties
in which the Authority was situated and to the Secretary of State.
(Source: P.A. 87-767.)
|
(70 ILCS 5/17.1) (from Ch. 15 1/2, par. 68.17a)
Sec. 17.1.
Any township located outside the territory of a county in
which a Metropolitan Airport Authority is established, but which was
included in a pre-existing airport authority which has been acquired by the
Metropolitan Airport Authority, may disconnect from such Authority and have
the annual tax levy discontinued by referendum, provided that the governing
board of the township and the governing bodies of any municipalities with a
population greater than 5,000 located within such township have adopted
like ordinances or resolutions recommending disconnection from the
authority. The ordinances or resolutions shall provide that the question
of disconnection be submitted to the electors of the township. Upon the
adoption of such ordinance or resolution, the clerk of the township or
municipality shall certify the ordinance or resolution and the question to
the proper election officials who, upon certification of all the required
ordinances or resolutions, shall submit the question to the electors of the
township at an election in accordance with the general election law.
In the event that a municipality with a population over 5,000
inhabitants lies within more than one township, then for the purpose of the
referendum provided for in this Section the municipality as a whole shall
vote on the proposition of the township in which the majority of the
population of the municipality is located.
The question shall be in substantially the following form:
Shall .... township be disconnected from the YES ... Metropolitan Airport Authority and the levy of an annual tax NO by the Authority be discontinued?
If a majority of the votes cast upon the question are in favor of
disconnection from the Authority, then such township shall be disconnected
from the Authority and the levy of an annual tax by the Authority shall be
discontinued and the township shall be relieved of all debts and
obligations relating to the Authority.
(Source: P.A. 84-1473.)
|
(70 ILCS 5/17.2) (from Ch. 15 1/2, par. 68.17b)
Sec. 17.2.
Whenever a township disconnects from a Metropolitan Airport
Authority as provided in Section 17.1, such township and the municipalities
within such township shall be paid upon such terms as may be agreed upon
by their corporate authorities and the board of commissioners of the
Metropolitan Airport Authority, but in no event shall any such township or
municipality be paid in excess of its investment or for any funds advanced
to such Metropolitan Airport Authority or any pre-existing airport
authority it has acquired, or otherwise paid or expended, either directly
or indirectly, by the State or federal governments for the acquisition of
the land used for any such existing airport improvement or facility or for
any bonded indebtedness owed by the Metropolitan Airport Authority or the
pre-existing airport authority. The terms of payment shall provide for
payment in full within not more than 20 years from the date of such agreement.
In case the amount and terms of payment are not so determined by
agreement, the board of commissioners of the Authority shall cause a
description of such airport and such existing improvements and facilities
to be made, together with an estimate of the previous actual expenditures of
the pre-existing authority therefor, less any existing bonded indebtedness
of the pre-existing authority, and shall tender payment of the total amount
so estimated in writing to such township and municipalities in the
proportions specified below. Such tender shall provide for payment by the
Authority of the amount tendered within 5 years from the date thereof, and
any part of the sum remaining unpaid after 12 months from that date shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract.
In case such tender is not accepted in writing by the corporate
authorities of such township and municipalities within 30 days after it is
made, the Authority by its board of commissioners shall file a petition in
the circuit court of the county in which the airport facilities of the
Authority are located, naming such township and municipalities respondents
thereto, setting forth a description of such airport, airport improvements
and facilities, the estimated amount of such previous expenditures by the
pre-existing authority, the amount of bonded indebtedness owed by the
pre-existing authority, the fact of such tender having been made and the date
thereof, and praying that there be determined by the circuit court the true
amount of such prior expenditures by the pre-existing authority. A copy
of the petition shall be served upon the presiding officer of the township
and each municipality within 5 days after the filing of such petition, and upon
presentation to the court of proof of such service, the petition shall be
set for hearing within not less than 10 nor more than 20 days. Such
hearing may be continued from time to time upon the request of the
petitioner or the respondents, and at the hearing thereon, the presiding judge
of the circuit court shall consider such evidence as may be submitted by
the parties and shall determine the amount of such actual previous
expenditures made and the actual amount of bonded indebtedness owed, and
shall determine the amount to be paid to
the township and to each included municipality. The amount so determined
shall be conclusive as between the parties, and shall be paid by the
Metropolitan Airport Authority within 5 years after the entry of the order
making such determination, and any part of the sum remaining unpaid after
12 months from the entry of the order shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. When paid,
the sum shall be accepted by the township or municipality as full payment
for such airport and existing improvements and facilities.
The moneys payable by the Metropolitan Airport Authority under
this
Section shall be apportioned between the township and its included
municipalities on the basis of population as determined by the most recent
federal decennial census. The portion of each included municipality shall
be computed on the basis of the ratio of the population of the municipality
to the total population of the township. The township's portion shall be
computed on the basis of the ratio of the population of the unincorporated
areas of the township to the total population of the township.
The moneys apportioned to any township shall be used
exclusively for the
purposes stated in Sections 6-701.1 through 6-701.9 of the Illinois Highway
Code, and the moneys apportioned to any municipality shall be
used
exclusively for the purposes stated in Sections 7-202.1 through 7-202.22 of
the Illinois Highway Code.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 92-341, eff. 8-10-01.)
|
(70 ILCS 5/17.3) (from Ch. 15 1/2, par. 68.17c)
Sec. 17.3.
Any Metropolitan Airport Authority which, on the effective
date of this amendatory Act of 1986, does not have a runway in excess of
5,100 feet shall, prior to the construction of a new
runway or the extension of any existing runway to a length in excess of
5,100 feet, publish notice of such intent in a newspaper published
within the Authority and having a general circulation within the Authority,
for 3 successive weeks. The publication of the notice
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the construction of a new
runway or extension of an existing runway be submitted to the voters of the
Authority; (2) the time within which the petition must be filed; and (3) the
date of the prospective referendum. The secretary of the Board shall
provide a petition form to any individual requesting one.
If within 30 days after publication of the last such notice no objection
has been made, construction consistent with the notice may commence.
Objection may be made by filing a petition with the circuit court
bearing the signatures of voters in the Authority equal in number to
10% or more of the registered voters in the Authority.
If such an objection is made, the construction may not commence until the
proposal is approved by a referendum held at the next election in
accordance with the general election law. Such referendum shall be held in
the entire territory of the Authority.
(Source: P.A. 86-1253; 87-767.)
|
(70 ILCS 5/18) (from Ch. 15 1/2, par. 68.18)
Sec. 18.
Acquisition, construction or improvement of airport - Notice - Bond issues -
Disconnection and reconnection of land.
After the site of any airport to be acquired, established or constructed
by the Authority has been determined upon by the Board of Commissioners of
an Authority, the Board shall cause notice to be published at least once in
a daily or weekly newspaper having a general circulation within the
Authority, stating the location of the site, and if there be no such
newspaper, such notice shall be posted in 5 of the most public places
within said Authority. No tax secured bonds shall be issued under the
provisions of this act by any Authority to pay the cost of acquiring any
such airport site or of establishing, constructing, developing, improving
or extending an airport on any such site until 60 days after such
publication or posting has been made. After the first issue of any such tax
secured bonds by an Authority, no other or further notice need be published
or posted in connection with and preliminary to making or financing of any
improvement, enlargement or extension of any such public airport, its site,
or the establishment or extension of its approaches, or clear zones or the
installation or extension of any safety or other facility appurtenant to
the airport. Any territory within the corporate limits of the Authority
containing 20 or more acres, may be disconnected from such airport
Authority, upon the filing of a petition in the Circuit Court, alleging (1)
that the land is without the corporate limits of any municipality and is
not laid out into lots or blocks or otherwise subdivided for urban
development as residential, commercial or industrial property or used for
commercial or industrial purposes, (2) that the land is not included within
any airport or the site of any proposed airport and is not within an area
over or on which an approach to an airport has been or is proposed to be
established, (3) that the land is not within the provisions of, or affected
by, or necessary for the enforcement of, any zoning or other lawful and
reasonable regulation established by such Authority, (4) that it is not
reasonably necessary for the Authority to have jurisdiction over such land
for the protection of property within, and the inhabitants of, the
remaining territory of the Authority from any hazard or nuisance resulting
from the flight of aircraft, or for the prevention of accidents resulting
from the flight of aircraft, and (5) that the disconnection of such land
will not destroy the contiguity of the remaining territory within such
airport authority.
The petition seeking disconnection of territory now within the corporate
limits of any Authority which has heretofore been determined upon as the
site of an airport and has caused notice to be published or posted, must be
filed within one year after the effective date of this amendatory Act of
1963. Thereafter, any petition seeking disconnection of any other territory
must be filed within one year after the date on which the notice of
acquisition, establishment or construction of a site for an airport is
published or posted, as provided for by this Section, by the Authority in
which such territory is located. No regulation of the Authority shall be
adopted for the sole purpose of enabling the Authority to retain any
territory within its corporate limits by preventing, through such
regulation, the disconnection of such territory as herein provided. The
Authority from which disconnection is sought shall be made a defendant to
such petition, and it or taxpayers residing in the Authority may appear and
defend against the petition. If the court finds that the allegations of the
petition are true, it shall order the specified land disconnected from the
designated Authority, and shall attach to any such order of disconnection
the condition that such land or any part thereof shall be reconnected and
restored to such Authority by order of court, upon petition of the
Authority and notice to be given as hereinafter provided, and after a
public hearing, should any such condition thereafter cease to be the fact
in respect to such land.
Owners of separate parcels of land which abut or adjoin may join in a
single petition and any such parcels described in such petition may be
considered as one parcel for the purpose of determining whether the area
has 20 or more acres and of determining whether or not the disconnection of
such land or any parcel thereof will destroy the contiguity of the
remaining territory of the Authority. Separate petitions filed by owners of
separate parcels of land which are contiguous with each other, or which
considered together form one contiguous area of 20 or more acres may be
considered to relate to one area and may be consolidated for hearing and
heard together for the purpose of determining whether or not the
disconnection of the entire area described in the several petitions will
destroy the contiguity of the remaining territory of the Authority, and if
such contiguity is not thereby destroyed, each petition shall be deemed to
comply with the foregoing condition respecting the continuing contiguity of
the remaining territory of the Authority.
At any time after the disconnection of any land from an Authority, such
Authority may file a petition in the Circuit Court where such disconnection
proceeding was had for the reconnection of such land. Contiguous tracts of
land under separate ownership may be joined in a single proceeding. If it
is found upon such reconnection proceeding that one or more of the
conditions for the disconnection of such land no longer exist, such land
shall be reconnected with the Authority, provided that no such reconnection
proceeding shall attach noncontiguous area to the Authority or destroy the
contiguity of the Authority as theretofore established.
Upon the filing of such a petition for reconnection, the
Court shall set the petition for
hearing not less than 30 nor more than 60 days after the filing thereof,
and the Clerk of the Court shall cause notice to be published of the filing
of such petition in a daily or weekly newspaper having a general
circulation within the Authority describing the land or territory proposed
for reconnection and, if there be no such newspaper, such notice shall be
posted in 5 public places within the Authority, at least one of which shall
be upon such land or territory or a public place upon land adjacent
thereto. The first such notice shall be published, or such notice shall be
posted, within 10 days of the filing of such petition and, if published,
such publication shall be made on 3 successive weeks, such notice shall be
addressed to Whom it May Concern, and shall give the date, time and place
of the hearing on such petition. The petition shall allege facts upon the
basis of which such land or territory should be reconnected as herein
provided, and if the Court shall find, upon the hearing of such petition,
that the facts alleged are sufficient to support the prayer of the petition
and are true in respect to any land or territory described therein, the
reconnection of such land or territory to the Authority shall be ordered
forthwith by the Court and shall be effective as of the date of the filing
of such petition.
An appeal from a final order in a disconnection or reconnection
proceeding may be taken as in other civil cases.
Within 90 days after the order in any such
proceeding or proceedings shall become final, the change or changes thereby
affected in the corporate limits of the Authority, if any, shall be set
forth in a certificate signed by the Circuit Judge before whom such
proceedings have transpired which shall be filed in such organization
proceedings, and a certified copy of the same shall be filed in the office
of the recorder of each county in which the Authority
is situated.
Any lands disconnected from an Authority shall continue subject to taxes
to pay the principal and interest of any bonds issued by the Authority
prior to the filing of the petition for the disconnection of such lands
from the Authority.
(Source: P.A. 83-358.)
|
(70 ILCS 5/19) (from Ch. 15 1/2, par. 68.19)
Sec. 19.
Construction of Act.
This Act shall be deemed to be a general law, complete in itself and
distinct and separate from any prior law. The provisions of this Act shall
be liberally construed. Nothing contained in this Act shall be held to
constitute a contract between the State and any municipal corporation
organized hereunder, or to prevent the alteration, amendment or repeal of
this Act, or of any amendment thereof, at any time hereafter. The
provisions of this Act shall not be considered as impairing, altering,
modifying, repealing or superseding any of the jurisdiction or powers of
the Illinois Commerce Commission. Nothing in this Act or done under its
authority shall restrict, limit or interfere with the use of the land and
facilities of a common carrier and the space above such land and facilities
or the right to use such land and such facilities in the business of such
common carrier, without approval of the Illinois Commerce Commission and
without the payment of just compensation to any such common carrier for
damages resulting from any such restriction, limitation or interference.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/20) (from Ch. 15 1/2, par. 68.20)
Sec. 20.
Partial invalidity.
If any provision of this Act, or the application of any provision
thereof to any property, person or circumstance, is held to be invalid,
such provision as to such property, person or circumstance shall be deemed
to be excised from this Act, and the invalidity thereof as to such
property, person or circumstance shall not affect any of the other
provisions of this Act or the application of such provision to property,
persons or circumstances other than those as to which it is invalid, and
this Act shall be applied and shall be effective in every situation so far
as its constitutionality extends.
(Source: Laws 1945, p. 290.)
|
(70 ILCS 5/21) (from Ch. 15 1/2, par. 68.21)
Sec. 21.
Validation.
All contracts, leases, agreements, or other
obligations entered into by any airport authority that is authorized under
this amendatory Act of 1992 to acquire, own, operate, and finance any
commercial or recreational facilities in connection with or relating to any
commercial or recreational facility that were entered into or authorized to
be entered into by proceedings adopted by the Board of Commissioners of the
authority before the effective date of this amendatory Act of 1992 are
valid and legally binding obligations of the authority. All instruments
providing for the payment of money executed, issued, and delivered by any
airport authority that is authorized under this
amendatory Act of 1992 to acquire, own, operate, and finance any commercial
or recreational facilities, or that any airport authority that is
authorized under this amendatory Act of 1992 to acquire, own, operate, and
finance any commercial or recreational facilities has assumed or agreed to
pay, that were issued and delivered, or assumed, or authorized to be issued
and delivered or assumed, by proceedings adopted by the Board of
Commissioners of the authority before the effective date of this amendatory
Act of 1992, that were authorized for the purpose of financing all or any
portion of the cost of any commercial or recreational facility, are valid
and legally binding obligations of the airport authority issuing or
assuming the obligation to pay the instruments. The acquisition,
construction, improvement, equipping, expansion, ownership, or operation by
any airport authority that is authorized under this amendatory Act of 1992
to acquire, own, operate, and finance any commercial or recreational
facilities before the effective date of this amendatory Act of 1992 is
approved, ratified, confirmed, authorized, and validated.
(Source: P.A. 87-854.)
|
(70 ILCS 5/22.1) Sec. 22.1. Establishment of a Rail Authority. (a) The Board of Commissioners of an airport authority in Winnebago County may, by resolution, establish a Rail Authority as provided in Sections 22.1 through 22.7 of this Act. A certified copy of that resolution shall be filed with the Secretary of State of Illinois. The Board of Commissioners of the airport authority shall not have the power to abolish such a Rail Authority. (b) A Rail Authority established pursuant to this Section shall be a body politic and corporate and a public corporation. (c) A Rail Authority shall be governed by a Board of Directors. Except as provided in paragraph (d) of this Section, the Board of Directors shall consist of the members of the Board of Commissioners of the airport authority that establishes the Rail Authority. The Board of Directors of the Rail Authority shall establish by-laws and procedures for their actions and may elect such officers of the Rail Authority and its Board of Directors as they shall determine, who shall serve terms as set by the by-laws of the Rail Authority, not to exceed 5 years. (d) The composition of the Board of Directors of the Rail Authority may be increased from time to time to include members appointed by the Chairman or President of the County Board of any county that has members on the Board of Directors, all as shall be agreed by the Board of Directors of the Rail Authority, the chairman of the county board of the county in which the establishing airport authority is located, and the county board of the county for which members shall be added; upon such agreement providing for financial contribution to the Rail Authority by the county for which members are added. (e) All non-procedural actions of the Board of Directors of the Rail Authority shall require the concurrence of the majority of members of the Board of Directors. Members of the Board of Directors shall serve for terms as provided in the by-laws of the Rail Authority not to exceed 5 years, and until their successors are appointed and qualified. (f) There shall be no prohibitions on members of the Board of Directors of the Rail Authority holding any other governmental office or position.
(Source: P.A. 95-641, eff. 10-11-07.) |
(70 ILCS 5/22.2) Sec. 22.2. Provision of rail and related transportation services. The Rail Authority shall also have the power to provide non-rail transportation services within the Counties, which may consist of shuttle bus service to or from an airport, needed storage facilities, and facilities to load, unload, or transfer freight from one mode of transportation to another such mode related to rail or highway transportation and any needed access roads for that service, as the Board of Directors shall determine are appropriate to advance economic development in the Counties. All property or facilities necessary or useful for such related transportation or economic development services are referred to in this Act as "related facilities". The Authority, in providing rail related facilities, may not operate or perform as a rail carrier.
(Source: P.A. 95-641, eff. 10-11-07.) |
(70 ILCS 5/22.3) Sec. 22.3. Further powers of the Rail Authority. (a) Except as otherwise limited by this Act, the Rail Authority shall have all powers to meet its responsibilities and to carry out its purposes, including, but not limited to, the following powers: (i) To sue and be sued. (ii) To invest any funds or any moneys not required | ||
| ||
(iii) To make, amend, and repeal by-laws, rules and | ||
| ||
(iv) To set and collect fares or other charges for | ||
| ||
(v) To conduct or contract for studies as to the | ||
| ||
(vi) To publicize services of the Authority and to | ||
| ||
(vii) To hold, sell, sell by installment contract, | ||
| ||
(viii) To enter at reasonable times upon such lands, | ||
| ||
(ix) To enter into contracts of group insurance for | ||
| ||
(x) To provide for the insurance of any property, | ||
| ||
(xi) To pass all resolutions and make all rules and | ||
| ||
(xii) To enter into arbitration arrangements, which | ||
| ||
(xiii) To make and execute all contracts and other | ||
| ||
(b) In each case in which this Act gives the Rail Authority the power to construct or acquire rail facilities or related facilities or any other real or personal property, the Rail Authority shall have the power to acquire such property by contract, purchase, gift, grant, exchange for other property or rights in property, lease (or sublease), or installment or conditional purchase contracts, which leases or contracts may provide for consideration to be paid in installments during a period not exceeding 40 years, and to dispose of such property or rights by lease or sale as the Board of Directors shall determine. Property may be acquired subject to such conditions, restrictions, liens, or security or other interests of other parties as the Board of Directors may deem appropriate, and in each case the Rail Authority may acquire a joint, leasehold, easement, license, or other partial interest in such property. Any such acquisition may provide for the assumption of, or agreement to pay, perform, or discharge outstanding or continuing duties, obligations, or liabilities of the seller, lessor, donor, or other transferor of or of the trustee with regard to such property. In connection with the acquisition of Rail Facilities or Related Facilities, including, but not limited to, vehicles, buses, or rapid transit equipment, the Rail Authority may also execute agreements concerning such equipment leases, equipment trust certificates, conditional purchase agreements, and such other security agreements and may make such agreements and covenants as required, in the form customarily used in such cases appropriate to effect such acquisition. The Rail Authority may not acquire property by eminent domain.
(Source: P.A. 95-641, eff. 10-11-07.) |
(70 ILCS 5/22.4) Sec. 22.4. Bonds and notes. (a) The Rail Authority shall have the power to borrow money and to issue its negotiable bonds or notes as provided in this Section. Unless otherwise indicated in this Section, the term "notes" also includes bond anticipation notes, which are notes that by their terms provide for their payment from the proceeds of bonds subsequently to be issued. Bonds or notes of the Rail Authority may be issued for any or all of the following purposes: to pay costs to the Rail Authority of constructing or acquiring any rail facilities or related facilities, to pay interest on bonds or notes during any period of construction or acquisition of rail facilities or related facilities, to establish a debt service reserve fund, to pay costs of issuance of the bonds or notes, and to refund its bonds or notes. (b) The issuance of any bonds or notes shall be authorized by a resolution of the Board of Directors of the Rail Authority. The resolution providing for the issuance of any such bonds or notes shall fix their date or dates of maturity, the dates on which interest is payable, any sinking fund account or reserve fund account provisions, and all other details of the bonds or notes and may provide for such covenants or agreements necessary or desirable with regard to the issue, sale, and security of the bonds or notes. The rate or rates of interest on the bonds or notes may be fixed or variable and the Rail Authority shall determine or provide for the determination of the rate or rates of interest of its bonds or notes issued under this Act in a resolution adopted prior to their issuance, none of which rates of interest shall exceed that permitted in the Bond Authorization Act. Bonds and notes issued under this Section may be issued as serial or term obligations, shall be of such denomination or denominations and form, shall be executed in such manner, shall be payable at such place or places and bear such date as the Rail Authority shall fix by the resolution authorizing such bonds or notes and shall mature at such time or times, within a period not to exceed 40 years from their date of issue, and may be redeemable prior to maturity, with or without premium, at the option of the Rail Authority, upon such terms and conditions as the Rail Authority shall fix by the resolution authorizing the issuance of the bonds or notes. In case any officer whose signature appears on any bonds or notes authorized pursuant to this Section shall cease to be an officer before delivery of such bonds or notes, the signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until the delivery. (c) Bonds or notes of the Rail Authority issued pursuant to this Section shall have a claim for payment as to principal and interest from such sources as provided by the resolution authorizing such bonds or notes. Such bonds or notes shall be secured as provided in the authorizing resolution of the Board of Directors of the Rail Authority, which may, notwithstanding any other provision of this Act, include in addition to any other security, a specific pledge or assignment of and lien on or security interest in any or all receipts of the Rail Authority and on any or all other revenues or money of the Rail Authority from whatever source, which may by law be utilized for debt service purposes, as well as any funds or accounts established or provided for the payment of such debt service, by the resolution of the Rail Authority authorizing the issuance of the bonds or notes. Any such pledge, assignment, lien, or security interest for the benefit of holders of bonds or notes of the Rail Authority shall be valid and binding from the time the bonds or notes are issued without any physical delivery or further act and shall be valid and binding as against and prior to the claims of all other parties having claims of any kind against the Rail Authority or any other person irrespective of whether such other parties have notice of such pledge, assignment, lien, or security interest. The resolution of the Board of Directors of the Rail Authority authorizing the issuance of any bonds or notes may provide additional security for such bonds or notes by providing for appointment of a corporate trustee (which may be any trust company or bank having the powers of a trust company within Illinois) with respect to the bonds or notes. The resolution shall prescribe the rights, duties, and powers of the trustee to be exercised for the benefit of the Rail Authority and the protection of the owners of such bonds or notes. The resolution may provide for the trustee to hold in trust, invest, and use amounts in funds and accounts created as provided by the resolution with respect to the bonds or notes.
(Source: P.A. 95-641, eff. 10-11-07.) |
(70 ILCS 5/22.6) Sec. 22.6. Exemption from taxation. The Rail Authority and the Rail Corporation shall be exempt from all State and unit of local government taxes and registration and license fees. All property of the Rail Authority or of the Rail Corporation shall be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of the State, any subdivision of the State, or any unit of local government.
(Source: P.A. 95-641, eff. 10-11-07.) |
(70 ILCS 5/22.7) Sec. 22.7. Federal, State, and other funds. The Rail Authority shall have the power to apply for, receive, and expend grants, loans, or other funds from the State of Illinois or any of its departments or agencies, from any unit of local government, or from the federal government or any of its departments or agencies, for use in connection with any of the powers or purposes of the Rail Authority as set forth in this Act, and to enter into agreements with the lending or granting agency in connection with any such loan or grant.
(Source: P.A. 95-641, eff. 10-11-07.) |