(70 ILCS 535/1) (from Ch. 85, par. 7451)
Sec. 1.
Short title.
This Article may be cited as the
Will-Kankakee Regional Development Authority Law. In this Article, "this
Act" means this Article.
(Source: P.A. 86-1481.)
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(70 ILCS 535/2) (from Ch. 85, par. 7452)
Sec. 2.
Findings.
The General Assembly hereby determines and declares:
(a) That labor surplus areas currently exist in the Will County and
Kankakee County area;
(b) That the economic burdens resulting from involuntary unemployment
fall in part upon the State in the form of increased need for
public assistance and reduced tax revenues and, in the event that the
unemployed worker and his family migrate elsewhere to find work, may also
fall upon the municipalities and other taxing districts within the areas of
unemployment in the form of reduced tax revenues, thereby endangering their
financial ability to support necessary governmental services for their
remaining inhabitants;
(c) That the State has a responsibility to help 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 Will County and Kankakee
County area;
(d) That in order to foster civic and neighborhood pride, citizens
require 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, service, transportation and recreational activities
and facilities, thereby reducing the evils attendant upon unemployment and
enhancing the public health, safety, morals, happiness and general welfare
of this State.
(Source: P.A. 86-1481.)
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(70 ILCS 535/3) (from Ch. 85, par. 7453)
Sec. 3. Definitions. 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 Will-Kankakee Regional 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 Will-Kankakee Regional 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.
(h-5) "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. (i) "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.
(j) "Project" means an industrial, 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.
(k) "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.
(l) "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.
(m) "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.
(n) "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.
(o) "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.
(p) "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.
(q) "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.
(r) "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 535/4) (from Ch. 85, par. 7454)
Sec. 4. Establishment.
(a) There is hereby created a political subdivision, body politic
and municipal corporation named the Will-Kankakee Regional Development
Authority. The territorial jurisdiction of the Authority is that geographic
area within the boundaries of Will and Kankakee 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 10 members including, as an ex officio
member, the Director of Commerce and Economic Opportunity,
or his or her designee. The other 9 members of the Authority shall be
designated "public members", 3 of whom shall be appointed by the Governor,
3 of whom shall be appointed by the county board chairman of Will County,
and 3 of whom shall be appointed by the county board chairman of Kankakee
County. All public members shall reside within the territorial
jurisdiction of this Act. Six 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
elected by the Board annually from the 6 members appointed by the county
board chairmen.
(c) The terms of all members of the Authority shall begin 30 days after
the effective date of this Act. Of the 9 public members appointed pursuant
to this Act, 3 shall serve until the third Monday in January 1992, 3 shall
serve until the third Monday in January 1993, and 3 shall serve until the
third Monday in January 1994. 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 may be reimbursed 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 in case
of incompetency, neglect of duty, or malfeasance in office.
(e) The Board may 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 Executive Director
shall attend all meetings of the Authority; however, no action of the
Authority shall be invalid on account of the absence of the Executive
Director from a meeting. 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 may, by majority vote, nominate up to 4 non-voting members
for appointment by the Governor. Non-voting 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. Non-voting members shall serve at the pleasure of the Board.
All non-voting members may attend meetings of the Board and may be
reimbursed as provided in subsection (c).
(g) 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 members of the task force shall
reside within the territorial jurisdiction of this Act, shall serve at the
pleasure of the Board and 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 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.)
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(70 ILCS 535/5) (from Ch. 85, par. 7455)
Sec. 5. Duty. All official acts of the Authority shall require the
approval of at least 6 members. It shall be the duty of the Authority to
promote development within the geographic confines of Will and Kankakee
counties. The Authority shall use the powers herein conferred upon it to
assist in the development, construction and acquisition of industrial, housing, residential, or
commercial projects within those counties.
(Source: P.A. 98-750, eff. 1-1-15.)
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(70 ILCS 535/5.1) Sec. 5.1. Requests for assistance; disclosure of economic interests. (a) 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. (b) 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. (c) 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. (d) 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.) |
(70 ILCS 535/5.2) Sec. 5.2. Open meetings; record disclosure. (a) 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. (b) 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.
(Source: P.A. 103-517, eff. 8-11-23.) |
(70 ILCS 535/6) (from Ch. 85, par. 7456)
Sec. 6.
Powers.
(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 | ||
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(2) to sue and be sued;
(3) to employ agents and employees necessary to carry | ||
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(4) to have and use a common seal and to alter the | ||
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(5) to adopt all needful ordinances, resolutions, | ||
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(6) to designate the fiscal year for the Authority;
(7) to accept and expend appropriations; and
(8) to have and exercise all powers and be subject to | ||
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(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: (1) 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; and (2) such
corporate authorities do not, or the county board does not, adopt a
resolution disapproving the project within 45 days after receipt of the notice.
(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.
(d) To acquire, own, lease, sell or otherwise dispose of interests in
and to real property and improvements situated thereon and in personal
property necessary to fulfill the purposes of the Authority.
(e) To engage in any activity or operation which is incidental to and in
furtherance of efficient operation to accomplish the Authority's primary
purpose.
(f) To acquire, own, construct, lease, operate and maintain bridges,
terminals, terminal facilities and port facilities and to fix and collect
just, reasonable and nondiscriminatory charges for the use of such
facilities. The charges so collected shall be used to defray the
reasonable expenses of the Authority and to pay the principal and
interest of any revenue bonds issued by the Authority.
(g) Subject to any applicable condition imposed by
this Act, to locate, establish and maintain a public airport, public
airports and public airport facilities within its corporate limits or
within or upon any body of water adjacent thereto and to construct,
develop, expand, extend and improve any such airport or airport facility.
(Source: P.A. 86-1481.)
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(70 ILCS 535/7) (from Ch. 85, par. 7457)
Sec. 7. Bonds.
(a) The Authority, with the written approval of the Governor,
shall have the continuing power to issue bonds, notes, or other evidences
of indebtedness in an aggregate amount outstanding not to exceed $250,000,000 for the
purpose of developing, constructing, acquiring or improving projects,
including those established by business entities locating or expanding
property within the territorial jurisdiction of the Authority, for entering
into venture capital agreements with businesses locating or expanding
within the territorial jurisdiction of the Authority, for acquiring and
improving any property necessary and useful in connection therewith and for
the purposes of the Employee Ownership Assistance Act. For the purpose of
evidencing the obligations of the Authority to repay any money borrowed,
the Authority may, pursuant to resolution, from time to time issue and
dispose of its interest bearing revenue bonds, notes or other evidences of
indebtedness and may also from time to time issue and dispose of such
bonds, notes or other evidences of indebtedness to refund, at maturity, at
a redemption date or in advance of either, any bonds, notes or other
evidences of indebtedness pursuant to redemption provisions or at any time
before maturity. All such bonds, notes or other evidences of indebtedness
shall be payable from the revenues or income to be derived from loans made
with respect to projects, from the leasing or sale of the projects or from
any other funds available to the Authority for such purposes. The bonds,
notes or other evidences of indebtedness may bear such date or dates, may
mature at such time or times not exceeding 40 years from their respective
dates, may bear interest at such rate or rates not exceeding the maximum
rate permitted by the Bond Authorization Act, may be in such form, may
carry such registration privileges, may be executed in such manner, may be
payable at such place or places, may be made subject to redemption in such
manner and upon such terms, with or without premium as is stated on the
face thereof, may be authenticated in such manner and may contain such
terms and covenants as may be provided by an applicable resolution.
(b-1) The holder or holders of any bonds, notes or other evidences of
indebtedness issued by the Authority may bring suits at law or proceedings
in equity to compel the performance and observance by any corporation or
person or by the Authority or any of its agents or employees of any
contract or covenant made with the holders of such bonds, notes or other
evidences of indebtedness, to compel such corporation, person, the
Authority and any of its agents or employees to perform any duties required
to be performed for the benefit of the holders of any such bonds, notes or
other evidences of indebtedness by the provision of the resolution
authorizing their issuance and to enjoin such corporation, person, the
Authority and any of its agents or employees from taking any action in
conflict with any such contract or covenant.
(b-2) If the Authority fails to pay the principal of or interest on any
of the bonds or premium, if any, as the same become due, a civil action to
compel payment may be instituted in the appropriate circuit court by the
holder or holders of the bonds on which such default of payment exists or
by an indenture trustee acting on behalf of such holders. Delivery of a
summons and a copy of the complaint to the Chairman of the Board shall
constitute sufficient service to give the circuit court jurisdiction of the
subject matter of such a suit and jurisdiction over the Authority and its
officers named as defendants for the purpose of compelling such payment.
Any case, controversy or cause of action concerning the validity of this Act
relates to the revenue of the State of Illinois.
(c) Notwithstanding the form and tenor of any such bonds, notes or other
evidences of indebtedness and in the absence of any express recital on the
face thereof that it is non-negotiable, all such bonds, notes and other
evidences of indebtedness shall be negotiable instruments. Pending the
preparation and execution of any such bonds, notes or other evidences of
indebtedness, temporary bonds, notes or evidences of indebtedness may be
issued as provided by ordinance.
(d) To secure the payment of any or all of such bonds, notes or other
evidences of indebtedness, the revenues to be received by the Authority from
a lease agreement or loan agreement shall be pledged, and, for the purpose
of setting forth the covenants and undertakings of the Authority in
connection with the issuance thereof and the issuance of any additional
bonds, notes or other evidences of indebtedness payable from such revenues,
income or other funds to be derived from projects, the Authority may
execute and deliver a mortgage or trust agreement. A remedy for any breach
or default of the terms of any such mortgage or trust agreement by the
Authority may be by mandamus proceedings in the appropriate circuit court
to compel the performance and compliance therewith, but the trust agreement
may prescribe by whom or on whose behalf such action may be instituted.
(e) Such bonds or notes shall be secured as provided in the authorizing
ordinance 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 revenues or money of the
Authority from whatever source which may by law be used for debt
service purposes and a specific pledge or assignment of and lien on or
security interest in any funds or accounts established or provided for by
ordinance of the Authority authorizing the issuance of such bonds or notes.
(f) In the event that the Authority determines that monies of the
Authority will not be sufficient for the payment of the principal of and
interest on its bonds during the next State fiscal year, the
Chairman, as soon as practicable, shall certify to the Governor the
amount required by the Authority to enable
it to pay such principal of and interest on the bonds.
The Governor shall submit the amount so certified to the General Assembly
as soon as practicable, but no later than the end of the current State fiscal year.
This subsection shall not apply to any bonds or notes as to which the
Authority shall have determined, in the resolution authorizing the issuance
of the bonds or notes, that this subsection shall not apply. Whenever the
Authority makes such a determination, that fact shall be plainly stated on
the face of the bonds or notes and that fact shall also be reported to the
Governor. This subsection (f) shall not apply to any bond issued on or after the effective date of this amendatory Act of the 97th General Assembly.
In the event of a withdrawal of moneys from a reserve fund established
with respect to any issue or issues of bonds of the Authority to pay
principal or interest on those bonds, the Chairman of the Authority, as
soon as practicable, shall certify to the Governor the amount required
to restore the reserve fund to the level required in the
resolution or indenture securing those bonds.
The Governor shall submit the amount so certified to the General Assembly
as soon as practicable, but no later than the end of the current State fiscal year.
(g) The State of Illinois pledges to and agrees with the holders of the
bonds and notes of the Authority issued pursuant to this Section that the
State will not limit or alter the rights and powers vested in the Authority
by this Act so as to impair the terms of any contract made by the Authority
with such holders or in any way impair the rights and remedies of such
holders until such bonds and notes, together with interest thereon, with
interest on any unpaid installments of interest, and all costs and expenses
in connection with any action or proceedings by or on behalf of such
holders, are fully met and discharged. In addition, the State pledges to
and agrees with the holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter the basis
on which State funds are to be paid to the Authority as provided in this
Act, or the use of such funds, so as to impair the terms of any such
contract. The Authority is authorized to include these pledges and
agreements of the State in any contract with the holders of bonds or notes
issued pursuant to this Section.
(Source: P.A. 97-790, eff. 7-13-12.)
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(70 ILCS 535/8) (from Ch. 85, par. 7458)
Sec. 8.
Acquisition.
(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 power to acquire by purchase, lease, gift or
otherwise any property or rights therein from any person or persons, the
State of Illinois, any municipal corporation, any local unit of government, the
government of the United States and any agency or instrumentality of the
United States, any body politic or any county useful for its purposes, whether
improved for the purposes of any prospective project or unimproved. The
Authority may also accept any donation of funds for its
purposes from any such source.
(c) The Authority shall have power to develop, construct and improve,
either under its own direction or through collaboration with any approved
applicant, or to acquire through purchase or otherwise any project, using
for such purpose the proceeds derived from its sale of revenue bonds, notes
or other evidences of indebtedness or governmental loans or grants and to
hold title in the name of the Authority to such projects.
(d) The Authority shall have the power to enter into intergovernmental
agreements with the State of Illinois, the counties of Will and Kankakee,
the Illinois Finance Authority, the Metropolitan Pier and Exposition
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.
(e) 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.
(f) 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. 93-205, eff. 1-1-04.)
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(70 ILCS 535/9) (from Ch. 85, par. 7459)
Sec. 9.
Bridges.
(a) In addition to the power and authority heretofore conferred
upon the Authority, the Authority, in its own name, shall have full power
and authority: to acquire and thereafter operate and maintain any existing
vehicular toll bridge across any waters which form a common boundary
between any city within the territory of the Authority and any other city
either within or without the State and to reconstruct, improve and repair
such existing bridge; to construct, maintain and operate an additional
vehicular toll bridge and approaches across these waters at a point
suitable to the interests of navigation and to reconstruct, repair and
improve the same; to construct, maintain and operate a tunnel under
these waters and to reconstruct, repair and improve the same; and to issue
and sell negotiable revenue bonds of the Authority for such purposes.
(b) Such bonds shall be authorized by ordinances as the Authority may
determine from time to time, such ordinances to contain such provisions
with respect to the form thereof and maturity, interest rate, sinking fund,
redemption and refunding as are customary and usual. Such bonds shall
be issued under a trust indenture from the Authority to a corporate
trustee, which indenture shall contain the usual and customary provisions
with respect to the issuance of bonds, the application of the revenues of
such bridge or tunnel for the creation of a sinking fund to provide for the
payment of such bonds and interest thereon, the holding of the
proceeds of the bonds in a special trust for the purpose of acquiring or
constructing such bridge or tunnel and a first priority pledge and
assignment by the Authority to the trustee under such trust indenture of
the revenues of such bridge or tunnel over and above the cost of operation
and maintenance thereof as security for the payment of the principal of and
interest on such bonds. The Authority shall establish, maintain and
collect tolls for transit over such bridge or through such tunnel acquired
or constructed hereunder sufficient at all times to pay the cost of the
operation and maintenance thereof and to pay the principal of and interest
on the bonds issued hereunder. Such bonds and the coupons evidencing
interest thereon shall constitute an irrevocable contract between the
holders thereof and the Authority that such tolls shall always be
sufficient therefor. No bonds issued hereunder shall bear interest at a
rate exceeding the market prime rate and all such bonds so issued hereunder
shall be sold for not less than par and accrued interest to the date of
delivery and payment and may be sold at private sale without prior
publication of notice thereof. Such bonds shall be payable solely and only
from the revenues of the Authority pledged to the payment thereof.
(Source: P.A. 86-1481.)
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(70 ILCS 535/10) (from Ch. 85, par. 7460)
Sec. 10.
Designation of depository.
The Authority shall biennially
designate a national or State bank or banks as depositories of its money.
Such depositories shall be designated only within the State and upon
condition that bonds approved as to form and surety by the Authority and at
least equal in amount to the maximum sum expected to be on deposit at any
one time shall be first given by such depositories to the Authority, such
bonds to be conditioned for the safe keeping and prompt repayment of such
deposits. When any of the funds of the Authority shall be deposited by the
treasurer in any such depository, the treasurer and the sureties on his
official bond shall, to such extent, be exempt from liability for the loss
of any such deposited funds by reason of the failure, bankruptcy or any
other act or default of such depository; provided that the Authority may
accept assignments of collateral by any depository of its funds to secure
such deposits to the same extent and conditioned in the same manner as
assignments of collateral are permitted by law to secure deposits of the
funds of any city.
(Source: P.A. 86-1481.)
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(70 ILCS 535/11) (from Ch. 85, par. 7461)
Sec. 11.
Taxation prohibited.
The Authority shall have no right or
authority to levy any tax or special assessment, to pledge the credit of
the State or any other subdivision or municipal corporation thereof or to
incur any obligation enforceable upon any property, either within or
without the territory of the Authority.
(Source: P.A. 86-1481.)
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(70 ILCS 535/12) (from Ch. 85, par. 7462)
Sec. 12.
Fees.
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. 86-1481.)
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(70 ILCS 535/13) (from Ch. 85, par. 7463)
Sec. 13. Reports; commitment notice. The Authority shall annually submit a report of
its finances to the Auditor General. The Authority shall annually submit a
report of its activities to the Governor and General Assembly.
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 535/14) Sec. 14. Bonds 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 from these notes and bonds may be free from all taxation by the State or its political subdivisions, except for estate, transfer, and inheritance taxes. The exemption from taxation set forth in this Section 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 Authority shall terminate after all of the bonds have been paid. The amount of the income that shall be added and then subtracted on the Illinois income tax return of a taxpayer, subject 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. 97-790, eff. 7-13-12.) |