(70 ILCS 510/1) (from Ch. 85, par. 6201)
Sec. 1.
This Act shall be known and may be cited as the "Quad Cities
Regional Economic Development Authority Act".
(Source: P.A. 85-713.)
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(70 ILCS 510/2) (from Ch. 85, par. 6202)
Sec. 2.
The General Assembly hereby determines and declares:
(a) That due to changes in national and international manufacturing and
product markets, unstable international currency markets, and increased
competition from certain foreign competitors, several industries employing
large numbers of Illinoisans in the northwestern part of the State have
been adversely impacted;
(b) That labor surplus areas currently exist in the northwestern part of the State;
(c) That the State has an interest in helping to create a favorable
climate for new and improved job opportunities for its citizens by
encouraging the development of commercial and service businesses and
industrial and manufacturing plants within the northwestern part of the State;
(d) That in order to foster civic and neighborhood pride, citizens
require gainful and steady employment, decent and affordable housing,
access to educational institutions, recreation, parks and open
spaces, entertainment and sports, a reliable transportation network,
cultural facilities and theaters;
(e) That the main purpose of this Act is to promote industrial,
commercial, residential, service, transportation and recreational activities
and facilities, thereby enhancing the employment opportunities,
public health and general welfare of this State.
(Source: P.A. 85-713.)
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(70 ILCS 510/3) (from Ch. 85, par. 6203)
Sec. 3.
The following terms, whenever used or referred to in this
Act, shall have the following meanings, except in such instances where the
context may clearly indicate otherwise:
(a) "Authority" means the Quad Cities Regional Economic Development Authority
created by this Act.
(a-5) "Authority leader" means the Executive Director, Assistant Executive Director, or any other person serving in a management, administrative, or leadership role at the Authority. (b) "Governmental agency" means any federal, State or local governmental
body, and any agency or instrumentality thereof, corporate or otherwise.
(c) "Person" means any natural person, firm, partnership, corporation,
both domestic and foreign, company, association or joint stock association
and includes any trustee, receiver, assignee or personal representative thereof.
(c-5) "Restricted person" means a person who has a familial or business relationship with an Authority leader. (d) "Revenue bond" means any bond issued by the Authority the principal
and interest of which is payable solely from revenues or income
derived from any project or activity of the Authority.
(e) "Board" means the Quad Cities Regional Economic Development
Authority Board of Directors.
(f) "Governor" means the Governor of the State of Illinois.
(g) "City" means any city, village, incorporated town or township
within the geographical territory of the Authority.
(h) "Industrial project" means (1) a capital project, including one or
more buildings and other structures, improvements, machinery and equipment
whether or not on the same site or sites now existing or hereafter
acquired, suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise including but not limited to use
as a factory, mill, processing plant, assembly plant, packaging plant,
fabricating plant, office building, industrial distribution center,
warehouse, repair, overhaul or service facility, freight terminal, research
facility, test facility, railroad facility, solid waste and wastewater
treatment and disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and disposal facilities,
and including also the sites thereof and other rights in land therefor
whether improved or unimproved, site preparation and landscaping and all
appurtenances and facilities incidental thereto such as utilities, access
roads, railroad sidings, truck docking and similar facilities, parking
facilities, dockage, wharfage, railroad roadbed, track, trestle, depot,
terminal, switching and signaling equipment or related equipment and other
improvements necessary or convenient thereto; or (2) any land, buildings,
machinery or equipment comprising an addition to or renovation,
rehabilitation or improvement of any existing capital project.
(i) "Housing project" or "residential project" includes a specific work
or improvement undertaken to provide dwelling accommodations, including the
acquisition, construction or rehabilitation of lands, buildings and
community facilities and in connection therewith to provide nonhousing
facilities which are an integral part of a planned large-scale project or new community.
(j) "Commercial project" means any project, including but not limited to
one or more buildings and other structures, improvements, machinery and
equipment whether or not on the same site or sites now existing or
hereafter acquired, suitable for use by any retail or wholesale concern,
distributorship or agency, any cultural facilities of a for-profit or
not-for-profit type including but not limited to educational, theatrical, recreational and
entertainment, sports facilities, racetracks, stadiums, convention centers,
exhibition halls, arenas, opera houses and theaters, waterfront
improvements, swimming pools, boat storage, moorage, docking facilities,
restaurants, velodromes, coliseums, sports training facilities,
parking facilities, terminals, hotels and motels, gymnasiums, medical
facilities and port facilities.
(k) "Project" means an industrial, housing, residential, commercial or
service project or any combination thereof provided that all uses shall
fall within one of the categories described above. Any project, of any
nature whatsoever, shall automatically include all site improvements and
new construction involving sidewalks, sewers, solid waste and wastewater
treatment and disposal sites and other pollution control facilities,
resource or waste reduction, recovery, treatment and disposal facilities,
parks, open spaces, wildlife sanctuaries, streets, highways and runways.
(l) "Lease agreement" shall mean an agreement whereby a project acquired
by the Authority by purchase, gift or lease is leased to any person or
corporation which will use or cause the project to be used as a project as
heretofore defined upon terms providing for lease rental payments at least
sufficient to pay when due all principal of and interest and premium, if any,
on any bonds, notes or other evidences of indebtedness of the Authority
issued with respect to such project, providing for the maintenance,
insurance and operation of the project on terms satisfactory to the
Authority and providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of the premises,
with such other terms as may be deemed desirable by the Authority.
(m) "Loan agreement" means any agreement pursuant to which the Authority
agrees to loan the proceeds of its bonds, notes or other evidences of
indebtedness issued with respect to a project to any person or corporation
which will use or cause the project to be used as a project as heretofore
defined upon terms providing for loan repayment installments at least
sufficient to pay when due all principal of and interest and premium, if any,
on any bonds, notes or other evidences of indebtedness of the Authority
issued with respect to the project, providing for maintenance,
insurance and operation of the project on terms satisfactory to the
Authority and providing for other matters as may be deemed advisable by the Authority.
(n) "Financial aid" means the expenditure of Authority funds or funds
provided by the Authority through the issuance of its revenue bonds, notes
or other evidences of indebtedness for the development, construction,
acquisition or improvement of a project.
(o) "Costs incurred in connection with the development, construction,
acquisition or improvement of a project" means the following: the cost of
purchase and construction of all lands and improvements in connection
therewith and equipment and other property, rights, easements and franchises
acquired which are deemed necessary for such construction; financing
charges; interest costs with respect to bonds, notes and other evidences of
indebtedness of the Authority prior to and during construction and for a
period of 6 months thereafter; engineering and legal expenses; the costs of plans,
specifications, surveys and estimates of costs and other expenses necessary or
incident to determining the feasibility or practicability of any project,
together with such other expenses as may be necessary or incident to the
financing, insuring, acquisition and construction of a specific project and
the placing of the same in operation.
(p) "Terminal" means a public place, station or depot for receiving and
delivering passengers, baggage, mail, freight or express matter and any
combination thereof in connection with the transportation of
persons and property on water or land or in the air.
(q) "Terminal facilities" means all land, buildings, structures,
improvements, equipment and appliances useful in the operation of public
warehouse, storage and transportation facilities and industrial,
manufacturing or commercial activities for the accommodation of or in
connection with commerce by water or land or in the air 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.
(r) "Port facilities" means all public structures, except terminal
facilities as defined herein, that are in, over, under or adjacent to
navigable waters and are necessary for or incident to the furtherance of
water commerce and includes the widening and deepening of slips, harbors
and navigable waters.
(s) "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, aerodromes, hangars, buildings, structures,
airport roadways and other facilities.
(Source: P.A. 103-517, eff. 8-11-23.)
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(70 ILCS 510/4) (from Ch. 85, par. 6204) Sec. 4. (a) There is hereby created a political subdivision, body politic and municipal corporation named the Quad Cities Regional Economic Development Authority. The territorial jurisdiction of the Authority is that geographic area within the boundaries of Jo Daviess, Carroll, Whiteside, Stephenson, Lee, Rock Island, Henry, Knox, Mercer, Winnebago, and Boone counties in the State of Illinois and any navigable waters and air space located therein. (b) The governing and administrative powers of the Authority shall be vested in a body consisting of 18 members including, as an ex officio member, the Director of Commerce and Economic Opportunity, or his or her designee. The other members of the Authority shall be designated "public members", 6 of whom shall be appointed by the Governor with the advice and consent of the Senate. Of the 6 members appointed by the Governor, one shall be from a city within the Authority's territory with a population of 25,000 or more and the remainder shall be appointed at large. Of the 6 members appointed by the Governor, 2 members shall have business or finance experience. One member shall be appointed by each of the county board chairmen of Rock Island, Henry, Knox, Mercer, Winnebago, and Boone Counties with the advice and consent of the respective county board. Within 60 days after the effective date of this amendatory Act of the 97th General Assembly, one additional public member shall be appointed by each of the county board chairpersons of Jo Daviess, Carroll, Whiteside, Stephenson, and Lee counties with the advice and consent of the respective county board. Of the public members added by this amendatory Act of the 97th General Assembly, one shall serve for a one-year term, 2 shall serve for 2-year terms, and 2 shall serve for 3-year terms, to be determined by lot. Their successors shall serve for 3-year terms. Within 60 days after the effective date of this amendatory Act of the 103rd General Assembly, one additional public member shall be appointed by each of the county board chairperson of Winnebago and Boone counties with the advice and consent of the respective county board. Of the public members added by this amendatory Act of the 103rd General Assembly, one shall serve for a 2-year term and one shall serve for a 3-year term, to be determined by lot. Their successors shall serve for 3-year terms. All public members shall reside within the territorial jurisdiction of this Act. Ten members shall constitute a quorum, and the Board may not meet or take any action without a quorum present. The public members shall be persons of recognized ability and experience in one or more of the following areas: economic development, finance, banking, industrial development, small business management, real estate development, community development, venture finance, organized labor or civic, community or neighborhood organization. The Chairman of the Authority shall be a public member elected by the affirmative vote of not fewer than 10 members of the Authority. The term of the Chairman shall be one year. (c) The terms of the initial members of the Authority shall begin 30 days after the effective date of this Act, except (i) the terms of those members added by this amendatory Act of 1989 shall begin 30 days after the effective date of this amendatory Act of 1989 and (ii) the terms of those members added by this amendatory Act of the 92nd General Assembly shall begin 30 days after the effective date of this amendatory Act of the 92nd General Assembly. Of the 10 public members appointed pursuant to this Act, 2 (one of whom shall be appointed by the Governor) shall serve until the third Monday in January, 1989, 2 (one of whom shall be appointed by the Governor) shall serve until the third Monday in January, 1990, 2 (one of whom shall be appointed by the Governor) shall serve until the third Monday in January, 1991, 2 (both of whom shall be appointed by the Governor) shall serve until the third Monday in January, 1992, and 2 (one of whom shall be appointed by the Governor and one of whom shall be appointed by the county board chairman of Knox County) shall serve until the third Monday in January, 2004. The initial terms of the members appointed by the county board chairmen (other than the county board chairman of Knox County) shall be determined by lot. All successors shall be appointed by the original appointing authority and hold office for a term of 3 years commencing the third Monday in January of the year in which their term commences, except in case of an appointment to fill a vacancy. Vacancies occurring among the public members shall be filled for the remainder of the term. In case of vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be nominated to fill such office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until a successor shall be appointed and qualified. Members of the Authority shall not be entitled to compensation for their services as members but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members. (d) The Governor may remove any public member of the Authority appointed by the Governor in case of incompetency, neglect of duty, or malfeasance in office. The Chairman of a county board may remove any public member of the Authority appointed by such Chairman in the case of incompetency, neglect of duty, or malfeasance in office. (e) The Board shall appoint an Executive Director who shall have a background in finance, including familiarity with the legal and procedural requirements of issuing bonds, real estate or economic development and administration. The Executive Director shall hold office at the discretion of the Board. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management, shall perform such other duties as may be prescribed from time to time by the members and shall receive compensation fixed by the Authority. The Authority may engage the services of such other agents and employees, including attorneys, appraisers, engineers, accountants, credit analysts and other consultants, as it may deem advisable and may prescribe their duties and fix their compensation. (f) The Board shall create a task force to study and make recommendations to the Board on the economic development of the territory within the jurisdiction of this Act. The number of members constituting the task force shall be set by the Board and may vary from time to time. The Board may set a specific date by which the task force is to submit its final report and recommendations to the Board.(Source: P.A. 103-517, eff. 8-11-23.) |
(70 ILCS 510/5) (from Ch. 85, par. 6205)
Sec. 5. Conflicts of interest; requests for assistance; disclosure of economic interests. (a) No member of the
Authority or officer, agent or employee thereof other than the
representatives of a professional sports team shall, in his or her own name
or in the name of a nominee, be an officer, director or hold an ownership
interest of more than 7-1/2% in any person, association, trust, corporation,
partnership or other entity which is, in its own name or in the name of a
nominee, a party to a contract or agreement upon which the member or
officer, agent or employee may be called upon to act or vote.
(b) With respect to any direct or any indirect interest, other than an
interest prohibited in subsection (a), in a contract or agreement upon
which the member or officer, agent or employee may be called upon to act or
vote, a member of the Authority or officer, agent or employee thereof shall
disclose the same to the secretary of the Authority prior to the taking of
final action by the Authority concerning such contract or agreement and
shall so disclose the nature and extent of such interest and his or her
acquisition thereof, which disclosures shall be publicly acknowledged by
the Authority and entered upon the minutes of the Authority. If a member
of the Authority or officer, agent or employee thereof holds such an
interest then he or she shall refrain from any further official
involvement in regard to such contract or agreement, from voting on any
matter pertaining to such contract or agreement, and from communicating
with other members of the Authority or its officers, agents and employees
concerning said contract or agreement. Notwithstanding any other provision
of law, any contract or agreement entered into in conformity with this
subsection (b) shall not be void or invalid by reason of the interest
described in this subsection, nor shall any person so disclosing the
interest and refraining from further official involvement as provided in
this subsection be guilty of an offense, be removed from office or be
subject to any other penalty on account of such interest.
(c) Any contract or agreement made in violation of subsection (a) or (b)
of this Section shall be null and void and give rise to no action against
the Authority. No real estate to which a member or employee of the
Authority holds legal title or in which such person has any beneficial
interest, including any interest in a land trust, shall be purchased by the
Authority or by a nonprofit corporation or limited-profit entity for a
development to be financed under this Act. All members and employees of
the Authority shall file annually with the Authority a record of all real
estate in this State of which such person holds legal title or in which
such person has any beneficial interest, including any interest in a land
trust. In the event it is later disclosed that the Authority has purchased
real estate in which a member or employee had an interest, such purchase
shall be voidable by the Authority and the member or employee involved
shall be disqualified from membership in or employment by the Authority.
(d) The Authority may not hear a request for assistance from a restricted person. This prohibition extends to business relationships between a person who is an Authority leader within one year prior to the request for assistance and to any entity in which a restricted person holds or, within the past 2 years, held an ownership interest of 10% or more. (e) An Authority leader shall disclose and recuse himself or herself from matters relating to requests for assistance from an entity that is relocating full-time employees from another Authority's counties if (i) both Authorities contract with or employ the same Authority leader or (ii) there is or, within the past 2 years of the request, there was a business relationship between the Authority leaders at the 2 Authorities. (f) The Board of the Authority shall vote to renew the appointment of the Executive Director and other Authority leaders on an annual basis. All contracts shall be approved on an annual basis and use a public process to solicit applications. This requirement does not apply to full-time employees of the Authority unless otherwise required by applicable State law or local ordinance. (g) Each Authority leader shall submit a statement of economic interest in accordance with Article 4A of the Illinois Governmental Ethics Act. Additionally, each Authority leader shall disclose to the Board outside sources of income and any business relationships in economic development consulting or lobbying. Reporting shall include the source of income, services provided, and timeline of when services were provided. If the source of income is a firm or organization with multiple clients, the report shall list all of the entities for which the individual provided services.(Source: P.A. 103-517, eff. 8-11-23.)
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(70 ILCS 510/6) (from Ch. 85, par. 6206)
Sec. 6. Records, reports, and notices of the Authority. The secretary shall
keep a record of the proceedings of the Authority. The treasurer of the
Authority shall be custodian of all Authority funds, and shall be bonded in
such amount as the other members of the Authority may designate. The
accounts and bonds of the Authority shall be set up and maintained in a
manner approved by the Auditor General, and the Authority shall file with
the Auditor General a certified annual report within 120 days after the
close of its fiscal year. The Authority shall also file with the Governor,
the Secretary of the Senate, the Clerk of the House of Representatives, and
the Commission on Government Forecasting and Accountability, by March 1 of each year, a
written report covering its activities and any activities of any
instrumentality corporation established pursuant to this Act for the
previous fiscal year. In its report to be filed by March 1, 1988, the
Authority shall present an economic development strategy for the Quad
Cities region for the year beginning July 1, 1988 and for the 4 years next
ensuing. In each annual report thereafter, the Authority shall make
modifications in such economic development strategy for the 4 years
beginning on the next ensuing July 1, to reflect changes in economic
conditions or other factors, including the policies of the Authority and
the State of Illinois. It also shall present an economic development
strategy for the fifth year beginning after the next ensuing July 1. The
strategy shall recommend specific legislative and administrative action by
the State, the Authority, units of local government or other governmental
agencies. Such recommendations may include, but are not limited to, new
programs, modifications to existing programs, credit enhancements for bonds
issued by the Authority, and amendments to this Act. When filed, such
report shall be a public record and
open for inspection at the offices of the Authority during normal business hours.
The Authority is subject to the Open Meetings Act and the Freedom of Information Act. Documents subject to the Freedom of Information Act include, but are not limited to, expenses,
payroll, origination bonuses, and other financial details of the Authority. A contract or agreement entered into by the Authority must be posted on the Authority's website. The Authority shall provide a detailed report of the Authority's financial information on the Authority's website, including, but not limited to, a statement of profits and losses, balance sheet, and income statement of the Authority. The Authority shall provide notice to the General Assembly, the Department of Commerce and Economic Opportunity, and the Governor once the Authority enters into a commitment to support the financing of a project. The notice to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate, in electronic form only, in the manner that the Clerk and the Secretary shall direct. (Source: P.A. 103-517, eff. 8-11-23.)
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(70 ILCS 510/7) (from Ch. 85, par. 6207)
Sec. 7.
All official acts of the Authority shall require the
approval of at least 4 members.
(Source: P.A. 85-713.)
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(70 ILCS 510/8) (from Ch. 85, par. 6208)
Sec. 8.
(a) The Authority possesses all the powers of a body
corporate necessary and convenient to accomplish the purposes of this Act,
including, without any intended limitation upon the general powers hereby
conferred, the following:
(1) to enter into loans, contracts, agreements and mortgages in any
matter connected with any of its corporate purposes and to invest its funds;
(2) to sue and be sued;
(3) to employ agents and employees necessary to carry out its purposes;
(4) to have and use a common seal and to alter the same at its discretion;
(5) to adopt all needful ordinances, resolutions, by-laws, rules and
regulations for the conduct of its business and affairs and for the
management and use of the projects developed, constructed, acquired and
improved in furtherance of its purposes;
(6) to designate the fiscal year for the Authority;
(7) to accept and expend appropriations;
(8) to maintain an office or offices at such place as the Authority may designate;
(9) to employ, either as regular employees or as independent
contractors, such consultants, engineers, architects, accountants,
attorneys, financial experts, construction experts and personnel,
superintendents, managers and other professional personnel, personnel, and
actors as may be necessary in the judgment of the Authority, and fix their compensation;
(10) to acquire, hold, lease, use, encumber, transfer or dispose of real
and personal property;
(11) to enter into contracts of any kind and execute all instruments
necessary or convenient with respect to its carrying out the powers in this
Act to accomplish the purposes of the Authority;
(12) to fix and revise from time to time and charge and collect rates, rents,
fees or other charges for the use of facilities or for services rendered in
connection with the facilities;
(13) to borrow money from any source for any corporate purpose,
including working capital for its operations, reserve funds, or interest,
and to mortgage, pledge or otherwise encumber the property or funds of the
Authority and to contract with or engage the services of any person in
connection with any financing, including financial institutions, issuers of
letters of credit, or insurers;
(14) to issue bonds or notes under this Act;
(15) to receive and accept from any source, private or public,
contributions, gifts or grants of money or property;
(16) to make loans from proceeds or funds otherwise available to the
extent necessary or appropriate to accomplish the purposes of the Authority;
(17) to exercise all the corporate powers granted to Illinois corporations
under the Business Corporation Act of 1983, except to the extent that any
such powers are inconsistent with those of a body politic and corporate of the State;
(18) to have and exercise all powers and be subject to all duties usually
incident to boards of directors of corporations; and
(19) to do all things necessary or convenient to carry out the powers
granted by this Act.
(b) The Authority shall not issue any bonds relating to the financing of
a project located within the planning and subdivision control jurisdiction
of any municipality or county unless notice, including a description of the
proposed project and the financing therefor, is submitted to the corporate
authorities of such municipality or, in the case of a proposed project in
an unincorporated area, to the county board.
(c) If any of the powers set forth in this Act are exercised within the
jurisdictional limits of any municipality, all ordinances of such
municipality shall remain in full force and effect and shall be controlling.
(Source: P.A. 85-713.)
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(70 ILCS 510/9) (from Ch. 85, par. 6209)
Sec. 9. Bonds and notes. (a)(1) The Authority may, with the written
approval of the Governor, at any time and from time to time, issue bonds and
notes for any corporate purpose, including the establishment of reserves and
the payment of interest. In this Act the term "bonds" includes notes of
any kind, interim certificates, refunding bonds or any other evidence of obligation.
(2) The bonds of any issue shall be payable solely from the property or
receipts of the Authority, including, without limitation:
(I) fees, charges or other revenues payable to the | ||
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(II) payments by financial institutions, insurance | ||
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(III) investment earnings from funds or accounts | ||
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(IV) proceeds of refunding bonds.
(3) Bonds shall be authorized by a resolution of the Authority and may
be secured by a trust agreement by and between the Authority and a
corporate trustee or trustees, which may be any trust company or bank
having the powers of a trust company within or without the State. Bonds shall:
(I) be issued at, above or below par value, for cash | ||
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(II) bear interest at the fixed or variable rate or | ||
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(III) be payable at a time or times, in the | ||
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(IV) be payable in lawful money of the United States | ||
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(V) be subject to the terms of purchase, payment, | ||
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(VI) be executed by the manual or facsimile | ||
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(VII) be sold in the manner and upon the terms | ||
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(b) Any resolution or trust agreement may contain provisions which shall
be a part of the contract with the holders of the bonds as to:
(1) pledging, assigning or directing the use, | ||
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(2) the setting aside of loan funding deposits, debt | ||
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(3) limitations on the purpose to which or the | ||
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(4) limitations on the issue of additional bonds, the | ||
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(5) the refunding or refinancing of outstanding bonds;
(6) the procedure, if any, by which the terms of any | ||
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(7) defining the acts or omissions which shall | ||
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(8) providing for guarantees, pledges of property, | ||
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(9) any other matter relating to the bonds which the | ||
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(c) No member of the Authority nor any person executing the bonds shall
be liable personally on the bonds or subject to any personal liability by
reason of the issuance of the bonds.
(d) The Authority may enter into agreements with agents, banks, insurers
or others for the purpose of enhancing the marketability of or as security for its bonds.
(e)(1) A pledge by the Authority of revenues as security for an issue of
bonds shall be valid and binding from the time when the pledge is made.
(2) The revenues pledged shall immediately be subject to the lien of the
pledge without any physical delivery or further act, and the lien of any
pledge shall be valid and binding against any person having any claim of
any kind in tort, contract or otherwise against the Authority, irrespective
of whether the person has notice.
(3) No resolution, trust agreement or financing statement, continuation
statement, or other instrument adopted or entered into by the Authority
need be filed or recorded in any public record other than the records of
the authority in order to perfect the lien against third persons,
regardless of any contrary provision of law.
(f) The Authority may issue bonds to refund any of its bonds then
outstanding, including the payment of any redemption premium and any
interest accrued or to accrue to the earliest or any subsequent date of
redemption, purchase or maturity of the bonds. Refunding bonds may be
issued for the public purposes of realizing savings in the effective costs
of debt service, directly or through a debt restructuring, for alleviating
impending or actual default and may be issued in one or more series in an
amount in excess of that of the bonds to be refunded.
(g) Bonds or notes of the Authority may be sold by the Authority through
the process of competitive bid or negotiated sale.
(h) At no time shall the total outstanding bonds and notes of the
Authority exceed $250 million.
(i) The bonds and notes of the Authority shall not be debts of the State.
(j) In no event may proceeds of bonds or notes issued by the Authority
be used to finance any structure which is not constructed pursuant to an
agreement between the Authority and a party, which provides for the
delivery by the party of a completed structure constructed pursuant to a
fixed price contract, and which provides for the delivery of such structure
at such fixed price to be insured or guaranteed by a third party determined
by the Authority to be capable of completing construction of such a structure.
(Source: P.A. 96-196, eff. 1-1-10.)
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(70 ILCS 510/9.1)
Sec. 9.1. (Repealed).
(Source: P.A. 87-778. Repealed by P.A. 96-196, eff. 1-1-10.)
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(70 ILCS 510/10) (from Ch. 85, par. 6210)
Sec. 10.
Legality for Investment.
Any financial institution,
investment company, insurance company or association,
and any personal representative, guardian, trustee or other fiduciary, may
legally invest any monies belonging to them or within their control in any
bonds issued by the Authority.
(Source: P.A. 85-713.)
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(70 ILCS 510/11) (from Ch. 85, par. 6211)
Sec. 11.
Tax exemption.
The Authority shall not be required to pay
any taxes or assessments of any kind whatsoever and its bonds, their
transfer, the interest payable on them, and any income derived from them may be exempt by
the election of the Authority at the time of issuance and at all times from
every kind and nature of taxation by this State or by any of its political
subdivisions, municipal corporations, or public agencies of any kind,
except for estate, transfer, and inheritance taxes as provided in Section 13.
For purposes of Section 250 of the Illinois Income Tax Act, the exemption
of the income from bonds issued by the Authority shall terminate after all of
the bonds have been paid.
The amount of such income that shall be added and then subtracted on the
Illinois income tax return of a taxpayer, pursuant to Section 203 of the
Illinois Income Tax Act, from federal adjusted gross income or federal taxable
income in computing Illinois base income shall be the interest net of any bond
premium amortization.
(Source: P.A. 89-460, eff. 5-24-96.)
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(70 ILCS 510/13) (from Ch. 85, par. 6213)
Sec. 13.
Bond and notes; exemption from taxation.
The creation of
the Authority is in all respects for the benefit of the people of Illinois
and for the improvement of their health, safety, welfare, comfort and
security, and its purposes are public purposes. In consideration thereof,
the notes and bonds of the Authority issued pursuant to this Act and the
income therefrom may be free from all taxation by the State or its
political subdivisions except for estate, transfer and inheritance taxes.
The exemption from taxation provided by the preceding sentence shall apply to
the income on any notes or bonds of the Authority only if the Authority in its
sole
judgment determines that the exemption enhances the marketability
of the bonds or notes or reduces the interest rates that would otherwise be
borne by the bonds or notes.
For purposes of Section 250 of the Illinois Income Tax Act, the exemption
of the income from bonds issued by the Authority shall terminate after all of
the bonds have been paid.
The amount of such income that shall be added and then subtracted on the
Illinois income tax return of a taxpayer, pursuant to Section 203 of the
Illinois Income Tax Act, from federal adjusted gross income or federal taxable
income in computing Illinois base income shall be the interest net of any bond
premium amortization.
(Source: P.A. 89-460, eff. 5-24-96.)
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(70 ILCS 510/14) (from Ch. 85, par. 6214)
Sec. 14. Additional powers and duties.
(a) The Authority may, but
need not, acquire title to any project with respect to which it exercises its
authority.
(b) The Authority shall have the power to enter into intergovernmental
agreements with the State of Illinois, the counties of Jo Daviess, Carroll, Whiteside, Stephenson, Lee, Knox, Winnebago, Boone, Rock Island, Henry,
or Mercer, the State of Iowa or any authority established by the
State of Iowa, the Illinois Finance Authority, the Illinois
Housing Development Authority,
the United States government and any agency or instrumentality of the
United States, any unit of local government located within the territory of
the Authority or any other unit of government to the extent allowed by
Article VII, Section 10 of the Illinois Constitution and the
Intergovernmental Cooperation Act.
(c) The Authority shall have the power to share employees with other
units of government, including agencies of the United States, agencies of
the State of Illinois and agencies or personnel of any unit of local
government.
(d) The Authority shall have the power to exercise powers and issue
bonds as if it were a municipality so authorized in Divisions 12.1, 74,
74.1, 74.3 and 74.5 of Article 11 of the Illinois Municipal Code.
(Source: P.A. 103-517, eff. 8-11-23.)
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(70 ILCS 510/15) (from Ch. 85, par. 6215)
Sec. 15.
The Authority may by ordinance designate a portion of the
territorial jurisdiction of the Authority for certification as an
Enterprise Zone under the Illinois Enterprise Zone Act in addition to any
other enterprise zones which may be created under the Act, which area shall
have all the privileges and rights of an Enterprise Zone pursuant to the
Illinois Enterprise Zone Act, but which shall not be counted in determining
the number of Enterprise Zones to be created in any year pursuant to that Act.
(Source: P.A. 85-713.)
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(70 ILCS 510/16) (from Ch. 85, par. 6216)
Sec. 16.
The Authority may collect fees and charges in connection
with its loans, commitments and servicing and provide technical assistance
in the development of the region.
(Source: P.A. 85-713.)
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(70 ILCS 510/18) (from Ch. 85, par. 6218)
Sec. 18.
Taxation.
The Authority shall have taxing powers as determined by statute.
(Source: P.A. 85-713.)
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(70 ILCS 510/18.1) (from Ch. 85, par. 6218.1)
Sec. 18.1.
(a) If the Authority issues bonds for the purpose of
financing, by loan, grant, or otherwise, the construction of a NASCAR race
track, then it may impose the tax authorized by this Section.
(b) The Authority may impose an admission tax of $2 per person entering
the grounds of the NASCAR race track upon a ticket of admission. The
amounts shall be collected by the race track operator and paid over to the
Authority. If tickets are issued for more than one day, then the sum of
$2 shall be paid for each person using such ticket on each day that the
same shall be used. Provided, however, that no charge shall be made on
tickets of admission issued to and in the name of directors, officers,
agents or employees of the race track operator, or to owners,
drivers and their employees or to any person or persons entering the
grounds or enclosure for the transaction of business in connection with such
racing. The operator may, if it desires, collect such amount from
each ticket holder in addition to the amount or amounts charged for such
ticket of admission.
(c) Accurate records and books shall at all times be kept and maintained by
the operator showing the admission tickets issued and used on each racing
day and the attendance thereat. The Authority or
its duly authorized representative shall at all
reasonable times have access to the admission records of the operator for
the purpose of examining and checking the same and ascertaining whether or
not the proper amount has been or is being paid to the Authority as
herein provided. The Authority shall also require
that the operator shall execute and deliver to it a bond, payable to the
Authority, in such sum as it shall determine, not, however, in
excess of $50,000, with a surety to be approved by it, conditioned for the
payment of all sums due and payable or collected by it under this Section
upon admission fees received. The Authority may also from time to time
require sworn statements of the number of such admissions and may prescribe
blanks upon which such reports shall be made. Any operator failing or
refusing to pay the amount found to be due, as herein provided, shall be
deemed guilty of a business offense and upon conviction shall be punished
by a fine of not more than $5,000 in addition to the amount due from such
operator as herein provided. All fines paid into court by an operator
found guilty of violating this Section shall be transmitted and paid over
by the clerk of the court to said Authority.
(d) For the purpose of this Section, admission
ticket means a ticket purchased for entrance into a race track and does not
apply to passes for which no fee is charged.
(e) Amounts received by the Authority from the admission tax shall be
used to retire the bonds issued to finance the race track.
(Source: P.A. 86-1470.)
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(70 ILCS 510/18.2) (from Ch. 85, par. 6218.2)
Sec. 18.2.
(Repealed).
(Source: P.A. 87-882. Repealed by P.A. 90-415, eff. 8-15-97.)
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(70 ILCS 510/19) (from Ch. 85, par. 6219)
Sec. 19. Civic Center. The Authority shall commence a study to
determine the feasibility of a civic center or other public assembly hall
or arena to be located within the territorial jurisdiction of the
Authority. This report shall address, at a minimum, marketing analysis,
site availability, competition, funding sources available from the
Department of Commerce and Economic Opportunity, and other matters deemed
appropriate by the board.
(Source: P.A. 94-793, eff. 5-19-06.)
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