(70 ILCS 1905/1) (from Ch. 114, par. 361)
Sec. 1.
Short
title.
This Act shall be known and may be cited as the Railroad Terminal Authority Act.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/2) (from Ch. 114, par. 362)
Sec. 2.
Declaration
of public purpose.
It is hereby found and declared that there exist in cities within this
State, having a population of 500,000 or more inhabitants as determined by
the last preceding Federal census, Railroad Terminal Areas, as defined
herein; that such Railroad Terminal Areas contribute to the growth of
blight in adjacent and surrounding areas; prevent the restoration and
proper development of such areas necessary to promote the safety, health,
welfare, comfort and convenience of its inhabitants; depress land values in
adjacent and surrounding areas; unnecessarily isolate areas of unused land
making it unavailable for any other use; obstruct the continuity of public
roads and streets; create traffic congestion upon public roads and streets;
cause undue delay and expense in the transportation of persons and
property; and retard the proper economic and civic growth and development
of the City; that in order to eradicate the undesirable conditions herein
found to exist in such Railroad Terminal Areas, and thereby encourage the
efficient and economic development of adjacent and surrounding areas and
provide efficient and convenient terminal facilities in connection with the
transportation of persons and property, it is hereby found and declared to
be necessary and desirable to make possible the relocation of railroad
freight facilities to outlying areas, the consolidation of railroad
terminals and terminal facilities and the proper civic, manufacturing,
commercial, business and residential development of the acreage to be so
released; and that the eradication and elimination of these conditions and
the acquisition, consolidation and redevelopment of land thereby released
in the manner provided in this Act is hereby declared to be a public use
essential to the public interest.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/3) (from Ch. 114, par. 363)
Sec. 3.
Definitions.
The following terms, wherever used or referred to in this Act, shall
have the following respective meanings, unless in any case a different
meaning clearly appears from the context:
(a) "Authority" means a Railroad Terminal Authority created pursuant to
this Act.
(b) "Commissioner" or "Commissioners" shall mean a commissioner or
commissioners of a Railroad Terminal Authority, including the Chairman.
(c) "City" means a city having a population of 500,000 or more
inhabitants as determined by the last preceding Federal census.
(d) "Railroad Terminal Area" means any area or areas within the
territorial limits of a City which, by reason of location and use of
Railroad Terminals, Terminal Facilities and Freight Facilities, widespread
areas of trackage, and deleterious or obsolete land use, or any combination
of these factors, contributes to the growth of blight in adjacent and
surrounding areas; impairs or retards the restoration and proper
development of such areas necessary to promote the safety, health, welfare,
comfort and convenience of its inhabitants; depresses land values in
adjacent and surrounding areas; unnecessarily isolates areas of unused land
making it unavailable for any other use; obstructs the continuity of public
roads and streets; creates traffic congestion upon public roads and
streets; causes undue delay and expense in the transportation of persons
and property; and substantially impairs or retards the proper economic and
civic growth and development of a City.
(e) "Railroad Terminal" means a public place, station or depot (other
than an airport or harbor), for receiving and discharging passengers,
receiving and delivering baggage, mail, or express matter and for any
combination of such purposes, in connection with the transportation of
persons and property by public carriers.
(f) "Terminal Facilities" means all lands, trackage, switching and
servicing facilities, buildings, structures, improvements, equipment and
appliances useful in the operation of terminals for passenger traffic, for
handling and transporting baggage, mail and express matter, and for the
accommodation of the public having access to terminals.
(g) "Freight Facilities" means freight yards, freight houses, warehouses
and other buildings, structures and improvements used in connection with
the shipment, storage and handling of freight by railroad and motor
carriers.
(Source: Laws 1959, p. 1795.)
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(70 ILCS 1905/4) (from Ch. 114, par. 364)
Sec. 4.
Method of creating Authority.
The city council of any City, by resolution adopted by majority of its
members, may determine that there is need and that it is in the best
interest of the public that a Railroad Terminal Authority be organized in
that city to exercise the powers and authority prescribed by this Act and
it shall therein set forth the name of the Railroad Terminal Authority to
be created hereunder, provided, however, that the words "Railroad Terminal
Authority" shall form part of its name.
Within 30 days after the adoption of the resolution, it shall be the
duty of the mayor of the city adopting the resolution to file in the office
of the recorder in the county in which the city adopting the
resolution is located a certified copy of such resolution.
Upon such filing in the office of the Recorder of Deeds the Railroad
Terminal Authority shall be deemed to be organized as a municipal
corporation and body politic.
(Source: P.A. 83-358.)
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(70 ILCS 1905/5) (from Ch. 114, par. 365)
Sec. 5.
Commissioners.
As soon as possible after the filing in the office of the recorder of the
resolution organizing the Railroad Terminal Authority, the
mayor of the city shall appoint 7 commissioners. One of the persons so
appointed as Commissioner shall be designated by the mayor as chairman of
the Board of Commissioners and shall be appointed for a term of 6 years,
and the remaining commissioners shall be appointed for initial terms of
1, 2, 3, 4, 5
and 6 years. The appointment of the Chairman
of the Board of Commissioners and the other 6 members thereof shall be
subject to the approval of the city council of the city. Upon the approval
of such appointments, as aforesaid, the persons so appointed shall
constitute the Board of Commissioners of the Railroad Terminal Authority
and upon taking the oath of office as hereinafter provided shall be deemed
to have qualified and be empowered to exercise the powers and authority
prescribed in this Act.
At the expiration of the term of each of the Commissioners, including
the Chairman, and of each succeeding Commissioner, or in the event of a
vacancy, resignation, removal or refusal to act, the Mayor of the city
shall appoint a successor, in the same manner as hereinabove provided for
the appointment of initial members, to hold office in the case of a vacancy
occurring for whatever reason for the unexpired term, or in the case of
expiration, for a term of 6 years, and until his successor is appointed
and has qualified. Any commissioner may be appointed to succeed himself.
(Source: P.A. 83-358.)
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(70 ILCS 1905/6) (from Ch. 114, par. 366)
Sec. 6.
Oath of
Commissioners.
Each person appointed as a member of the Board of Commissioners, shall
qualify by taking and subscribing to an oath to uphold the Constitution of
the United States and of the State of Illinois and to well and faithfully
discharge his duties, which oath shall be filed with the Secretary of the
Authority.
Commissioners shall be persons experienced in railroad operation, real
estate management, construction or finance. No person who is appointed as a
Commissioner of a Railroad Terminal Authority shall have a financial
interest in the creation of or in the continued existence of the Authority.
No Commissioner shall have or acquire any interest, direct or indirect, in
any contract or proposed contract of the Railroad Terminal Authority, or in
any land, building or buildings, or other property or facilities in which
the Railroad Terminal Authority has an interest. The ownership of stock or
any financial interest in or position with a railroad or other corporation
shall not disqualify any person as a Commissioner. If any Commissioner at
any time holds or controls an interest, direct or indirect, in any property
which the Railroad Terminal Authority is about to acquire, or if he
occupies a position with a railroad, he shall disclose the same in writing
to the Authority and such disclosure shall be entered upon the minutes of
the Board of Commissioners.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/7) (from Ch. 114, par. 367)
Sec. 7.
Compensation of Commissioners.
Each Commissioner, including the Chairman, shall receive the sum of
$100.00 for each regular or special meeting of the Commissioners which he
attends, but no Commissioner, except as hereinafter provided, shall receive
more than $5,000.00 in any calendar year. In addition to the foregoing each
Commissioner, including the Chairman, shall be reimbursed for any necessary
expenditures made in connection with the performance of his duties as a
Commissioner.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/8) (from Ch. 114, par. 368)
Sec. 8.
Board of
Commissioners.
The Commissioners appointed in pursuance of the foregoing provisions of
this Act shall constitute the Board of Commissioners of the Railroad
Terminal Authority. The government, control and management of the affairs
of the Railroad Terminal Authority shall be vested in the Board of
Commissioners and such Board shall possess and exercise all of the powers
granted under this Act and such other powers not inconsistent with this
Act, as may be necessary to effectuate the purposes of this Act.
The Board of Commissioners shall elect or appoint a Secretary, Treasurer
and Executive Director and such other officers as they deem necessary and
fix the term of office for each. The Secretary, Treasurer and Executive
Director and such other officers may, but need not be Commissioners. The
Board of Commissioners may elect or appoint the Chairman of the Board of
Commissioners as Executive Director of said Authority and fix his
compensation as Executive Director prior to the time of his entering upon
any of the duties as Executive Director, which compensation shall be in
addition to any compensation said Chairman may be entitled to as a member
of the Board of Commissioners, and such compensation shall not be changed
during his term of office. The Executive Director shall devote his entire
time to the business and affairs of the Commission and shall have no other
gainful employment. In the event that the Chairman is elected or appointed
Executive Director of the Authority, his term of office shall coincide with
his term of office as Chairman of the Board of Commissioners. Compensation
of the Secretary and Treasurer and such other officers as the Board of
Commissioners may provide for shall be fixed by the Board of Commissioners
prior to the time of entering upon the duties of their respective offices
and shall not be changed during the term of office of any such officer, and
in the event any such officer is a Commissioner the compensation shall be
in addition to any compensation said officer is entitled to receive as a
Commissioner.
The Board of Commissioners shall adopt a corporate seal, by-laws, and
rules and regulations suitable to the purposes of this Act, which shall
provide a time for the election of officers and of other regular and
special meetings of the Commissioners, and shall contain the rules for the
transaction of other business of such Railroad Terminal Authority and for
amending such by-laws, rules and regulations.
Said Board of Commissioners shall have full powers to pass all necessary
ordinances, resolutions, rules and regulations for the proper management
and conduct of the business of said Board of Commissioners and of said
Railroad Terminal Authority and for carrying into effect the object for
which such Railroad Terminal Authority is created.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/9) (from Ch. 114, par. 369)
Sec. 9.
Quorum.
Four (4) members of the Board of Commissioners shall constitute a quorum
for the transaction of the business thereof. The concurring vote of four
(4) members of the Board of Commissioners shall be required for the
exercise of any of the powers granted by this Act. The Chairman, if
present, shall be entitled to vote on all matters to be passed upon at a
meeting of the Board of Commissioners. All records of the Authority shall
be open to public inspection at all reasonable hours.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/10) (from Ch. 114, par. 370)
Sec. 10.
Records and accounts.
A Railroad Terminal Authority shall provide
for the proper
safekeeping of its records and shall keep a minute book for the
recording of the corporate action of the Board. A complete record of the
meetings and proceedings of the Board shall be kept in such minute book
and such minutes shall be signed by the Secretary of the Railroad
Terminal Authority or, in his absence, by such other officer as may be
designated by the Board. The Authority shall keep a true and accurate
account of its receipts and disbursements 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 on behalf of
the Authority, shall furnish surety bond for the faithful performance of
their duties and the faithful accounting of all moneys that may come
into their hands, in an amount to be fixed and in a form to be approved
by the Board of Commissioners.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/11) (from Ch. 114, par. 371)
Sec. 11.
Treasurer - Depositary of funds.
The Treasurer of a Railroad Terminal Authority shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Act and all revenues derived from the operation of any project
under this Act and of all other revenues from whatever source received. The
Treasurer shall keep all funds and moneys belonging to the Railroad
Terminal Authority in such places of deposit as may be designated by
resolution of the Board, provided, however, that only a savings and loan
association or a regularly organized
State or national bank may be designated as a depositary. When a bank or
savings and loan association has
been designated as a depositary it shall continue as such depositary until
ten (10) days have elapsed after a new depositary is designated and has
qualified by furnishing the statements of resources and liabilities as
required by this Section. When a new depositary is designated, the Board of
Commissioners shall notify the surety of the Treasurer of that fact, in
writing, at least five (5) days before the transfer of funds. The Treasurer
shall be discharged from responsibility for all funds or money which he
deposits in a designated bank or savings and loan association while
the funds and money are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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(70 ILCS 1905/12) (from Ch. 114, par. 372)
Sec. 12.
Employees-Aid by city.
The Board of Commissioners may employ such technical, professional, and
clerical assistants as are necessary and expedient for the proper
performance of its duties and for the accomplishment of the objects and
purposes of the Authority. The duties, salaries, fees, or other
compensation of any such employees shall be fixed and determined by the
Board of Commissioners.
For the purpose of aiding and cooperating with a Railroad Terminal
Authority, the City in which the Authority is organized may assign or loan
any of its employees, whether under Civil Service or not, to the Railroad
Terminal Authority to aid in the performance of any of the work of the
Railroad Terminal Authority, and may provide necessary office space,
equipment or other facilities for the Railroad Terminal Authority.
Any such employees so assigned or loaned who are members or
beneficiaries of any existing pension or retirement system or who have been
appointed to positions in the service of such City under rules and
classifications of any Civil Service Commission shall have the same status
with respect thereto after assignment to the Railroad Terminal Authority.
To facilitate the Railroad Terminal Authority in aid of any project
undertaken by it the City in which the Authority is organized may make
available to the Railroad Terminal Authority the services of its
engineering staff and facilities.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/13) (from Ch. 114, par. 373)
Sec. 13.
Donations
and grants by city.
This Act being designed to effect a public use and purpose, the City
creating the Railroad Terminal Authority may make donations of property,
real or personal, or cash grants to the Railroad Terminal Authority from
any funds now or hereafter available for that purpose in such amount or
amounts as it may deem proper and appropriate in aiding the Railroad
Terminal Authority to effectuate the purpose of its creation. Such city, in
addition to any powers it has or may have under other laws, shall have
power to apply for and accept grants and loans from the Federal government
or any agency or instrumentality thereof, to be used for any of the
purposes of the Authority and such city or the Authority may enter into any
agreement with the Federal government in relation to such grants or loans.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/14) (from Ch. 114, par. 374)
Sec. 14.
Municipal corporation-Powers.
A Railroad Terminal Authority shall be a municipal corporation and shall
constitute a body both corporate and politic separate and apart from any
other municipal corporation, or any other public or governmental agency. It
may sue and be sued, plead and be impleaded, and have a seal and alter the
same at pleasure, have perpetual succession, make and execute contracts,
leases, deeds, and other instruments necessary or convenient to the
exercise of its powers, and make and from time to time amend and repeal its
by-laws, rules and regulations not inconsistent with this Act. In addition,
it shall have the following public and essential governmental powers and
functions and all other powers incidental or necessary to carry out and
effectuate such express powers, provided none of such powers shall be
exercised in a manner that would result in the imposition of an undue
burden on interstate or intrastate commerce:
(a) to acquire any area or areas lying wholly within the territorial
limits of the City in which the Authority is organized which the Board of
Commissioners shall determine to be a Railroad Terminal Area, as provided
in this Act, together with any additional property which the Board of
Commissioners in its determination under Section 15 of this Act deems
necessary for the construction of a railroad terminal and facilities
appurtenant thereto;
(b) to clear any such area or areas so acquired by demolition or removal
of existing terminals, Terminal Facilities, Freight Facilities, or other
buildings and structures thereon; and to install, repair, construct or
reconstruct streets, utilities, and site improvements essential to the
preparation of the area in accordance with a plan of redevelopment;
(c) to construct, reconstruct, improve, own, operate and maintain a new
railroad terminal, Terminal Facilities and the approaches thereto for
public service and to provide rules and regulations for the operation and
maintenance thereof;
(d) to enter into contracts for the operation, maintenance, and
management of such terminal, Terminal Facilities and the approaches
thereto;
(e) to enter into leases and contracts with any railroad company or
railroad companies entering or hereafter entering the City in which the
Authority is organized, for the use by such railroad company or railroad
companies of said terminal, Terminal Facilities and the approaches thereto
for such rentals and upon such terms and conditions as may be agreed upon
by such railroad company or railroad companies and the Authority, and such
leases or contracts may also provide that the Authority acquire any
property rendered unnecessary or useless for railroad purposes as a direct
result of acquisitions or the construction or operation of a new railroad
terminal. Said terminal, Terminal Facilities and the approaches thereto
shall be under the control and management of the Railroad Terminal
Authority but any lease or contract entered into pursuant to this
subparagraph (e) or pursuant to resolution adopted by the Board of
Commissioners by vote of a majority of its members, may vest in a committee
or other body composed of representatives of any and all interested parties
including but not limited to representatives of any railroad company or
companies affected hereunder, such powers as may be specified in such
contract or lease for supervising and controlling the construction,
reconstruction, improvement, maintenance, management and operation of said
terminal, Terminal Facilities and the approaches thereto.
(f) whenever (1) three-fourths of the railroad companies owning, and (2)
three-fourths of the railroad companies operating or using Railroad
Terminals within any Railroad Terminal Area or Areas as established by this
Act have agreed with the Authority to occupy and use the new railroad
terminal, the Authority shall have power to require if deemed necessary or
desirable to promote the public safety and welfare, any other railroad
company or railroad companies entering or hereafter entering the Railroad
Terminal Area or Areas in the City in which the Authority is organized to
use such new terminal, Terminal Facilities and approaches thereto, owned
and operated by the Authority, on such terms and conditions as may be
prescribed by the Authority which shall be fair and reasonable, and in this
connection, to require any such railroad company or railroad companies to
relocate and re-arrange its or their tracks to the extent deemed necessary.
The power of the Authority to require such railroad company or railroad
companies to so remove or relocate its or their tracks shall be exercised
only upon such terms and conditions as the Authority and such railroad
company or railroad companies may agree upon, or in default of such an
agreement, upon such terms and conditions as the Authority may prescribe
which shall be fair and reasonable.
(g) to operate or enter into contracts and leases for the operation of
any restaurant, store or other enterprise of any sort associated with a
terminal;
(h) to make provisions for offstreet parking facilities;
(i) to rent such space in the terminal as from time to time may not be
needed for railroad purposes for such other purposes as the Board of
Commissioners may determine and to execute leases evidencing such rental
agreements;
(j) to fix (subject to the provisions of subparagraph (e) of this
Section) rents, rates and charges for the use of the terminal, Terminal
Facilities and approaches thereto, and other facilities owned and operated
by the Authority;
(k) to convey real property acquired pursuant to this Act and not
required in the operation and maintenance of the terminal, Terminal
Facilities and approaches thereto, for use in accordance with a
redevelopment plan;
(l) to employ and discharge without regard to any Civil Service Act,
engineering, architectural, construction, legal and financial experts and
such other employees as may be necessary in its judgment to carry out the
purposes of this Act and to fix compensation for such employees, and enter
into contracts for the employment of any person, firm or corporation, and
for professional services necessary or desirable for the accomplishment of
the objects and purposes of the Authority and the proper administration,
management, protection and control of its property;
(m) to procure and enter into contracts for any type of insurance or
indemnity against loss or damage to property from any cause, including loss
of use and occupancy, against death or injury of any person, against
employer's liability, against any act of any member, officer or employee of
the Railroad Terminal Authority in the performance of the duties of his
office or employment or any other insurable risk, as the Board of
Commissioners in its discretion may deem necessary;
(n) to accept donations, contributions, capital grants or gifts from any
individuals, associations, municipal and private corporations, the State of
Illinois or any agency thereof, and the United States of America, or any
agency or instrumentality thereof, for or in aid of any of the purposes of
this Act and to enter into agreements in connection therewith;
(o) to borrow money from time to time and in evidence thereof to issue
and sell revenue bonds in such amount or amounts as the Board of
Commissioners may determine, to provide funds for the acquisition of the
area or areas, the demolition and removal of buildings and other structures
thereon, and for constructing, reconstructing, improving, operating and
maintaining a railroad terminal, Terminal Facilities, and approaches
thereto and other facilities, and to pay all costs and expenses incident
thereto, including, but without in any way limiting the generality of the
foregoing, architectural, engineering, legal and financing expense, which
may include an amount sufficient to meet the interest charges on such
revenue bonds during such period or periods as may elapse prior to the time
when the project or projects may become revenue producing and for one year
in addition thereto; and to refund and refinance, from time to time,
revenue bonds so issued and sold, as often as may be deemed to be
advantageous by the Board of Commissioners;
(p) to anticipate the sale of revenue bonds to borrow money to be repaid
from the proceeds of revenue bonds when sold.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/14.1) (from Ch. 114, par. 374.1)
Sec. 14.1.
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.)
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(70 ILCS 1905/15) (from Ch. 114, par. 375)
Sec. 15.
Determination of area.
Whenever the Board of Commissioners determines that a particular area is
a Railroad Terminal Area, as herein defined, and should be acquired
pursuant to the provisions of this Act, such determination together with an
accurate description of the area included in such determination and the
date on which the determination was made shall be set forth in the records
of the Authority. Any such determination may include additional property
situated outside the Railroad Terminal Area which the Board of
Commissioners determines is necessary to be acquired in connection with the
construction of a railroad terminal and facilities appurtenant thereto. The
area may be enlarged, from time to time, as the Board of Commissioners may
determine. Each such determination shall be evidenced by a resolution
adopted by at least four (4) members of the Board of Commissioners and a
certified copy of such resolution shall be delivered to the city council of
the city in which the Authority is organized. No such determination shall
be of any force or effect until such time as it has been approved by the
city council of that city, and after such approval a certified copy of such
approval and resolution of the Authority shall be filed in the office of
the recorder.
(Source: P.A. 83-358.)
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(70 ILCS 1905/16) (from Ch. 114, par. 376)
Sec. 16. Acquisition of area. Upon
approval of the determination as provided in the preceding section,
the Railroad Terminal Authority may proceed to acquire by gift, purchase,
legacy, or by the exercise of the power of eminent domain the fee simple
title to the real property located within the area or areas described in
such determination including easements and reversionary interests in the
streets, alleys and other public places and personal property, required for
its purposes, and title thereto shall be taken in the corporate name of the
Authority. Any such property which is already devoted to a public use may
nevertheless be acquired, provided that no property belonging to the United
States of America or the State of Illinois may be acquired without the
consent of such governmental unit. No property devoted to a public use
belonging to a corporation subject to the jurisdiction of the Illinois
Commerce Commission may be acquired without a prior finding by the Illinois
Commerce Commission that the taking would not result in the imposition of
an undue burden on intrastate commerce and until the agreements with
3/4 of the railroad companies owning and 3/4 of the
railroad companies operating or using Railroad Terminals as provided in
subsection (f) of Section 14 of this Act have
been obtained, and provided further that
obligations heretofore imposed upon any such corporation by the State of
Illinois or the United States of America shall remain in force. Condemnation
proceedings shall be in all respects in accordance with the Eminent Domain Act. All
land and appurtenances thereto, acquired or owned by the Authority are to
be deemed acquired or owned for a public use or public purpose.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1905/16.5) Sec. 16.5. 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 1905/17) (from Ch. 114, par. 377)
Sec. 17.
Redevelopment plan.
At any time after the approval of the determination as provided in
Section 15 hereof, the Board of Commissioners shall draw up or have
submitted for its approval a plan of redevelopment for the designated area
and shall submit the same to the city council of the City in which the
Authority is organized for its approval. The Authority shall not make a
sale or conveyance of any part of the real property in the area until such
time as the plan has been so approved. The preparation and approval of a
plan for the development of the land which may be conveyed pursuant to
Sections 18 and 19 of this Act shall not be considered a condition
precedent to the right of the Authority to acquire the area as provided in
Section 16 hereof.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/18) (from Ch. 114, par. 378)
Sec. 18.
Conveyance
for public use.
Subject to the preceding Section, and whenever the Authority has
acquired title to, and possession of, any or all real property within the
designated area, the Authority (1) may convey to the City in which the area
is located and with or without any monetary consideration therefor, such
parts thereof as are to be laid out into streets and alleys; (2) may convey
to that City or to any public body having jurisdiction over schools, parks
or playgrounds in the designated area, such parts of such real property for
use for parks, playgrounds, schools and other public purposes as the
Authority may provide for in its plan of redevelopment, and at such price
or prices as the Authority and the proper officials of such public bodies
may agree upon; and (3) may grant easements for public utilities, sewers,
and other similar facilities, with or without consideration therefor.
The proceeds from the sale of any real property by the Authority
pursuant to this Section shall be placed in a sinking fund to be created by
the Authority for the retirement of revenue bonds issued by the Authority
pursuant to this Act.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/19) (from Ch. 114, par. 379)
Sec. 19.
Conveyance
for private redevelopment.
Subject to the provisions of Section 17 hereof, the Authority may at
such times as it deems expedient transfer and sell the fee simple title, or
such lesser estate as the Authority may have acquired, to all or any part
of the real property within the designated area not disposed of in
accordance with Section 18 hereof and not required for the construction,
operation and maintenance of a railroad terminal, Terminal Facilities and
approaches thereto, to any individual, association, or corporation,
organized under the laws of this State or of any other State or country
upon such terms and conditions as the Board of Commissioners may determine,
to be used in accordance with an approved plan of redevelopment as
hereinabove provided. To assure that the real property so sold is used in
accordance with the approved plan of redevelopment, the Authority shall
inquire into and satisfy itself concerning the financial ability of the
purchaser to complete the redevelopment in accordance with the approved
plan and shall require the purchaser to execute in writing such
undertakings as the Authority may deem necessary to obligate the purchaser:
(1) to use the land for the purposes designated in the approved plan, (2)
to commence and complete the building of the improvements within the
periods of time which the Authority fixes as reasonable, and (3) to comply
with such other conditions as are necessary to carry out the purposes of
this Act. Any such area may be sold either as an entirety or in such
parcels as the Authority shall deem expedient. It shall not be necessary
that title be acquired to all real property within the designated area
before the sale of a part thereof may be made as provided herein.
The proceeds from the sale of any real property by the Authority,
pursuant to this Section shall be placed in a sinking fund to be created by
the Authority for the retirement of bonds issued pursuant to this Act.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/20) (from Ch. 114, par. 380)
Sec. 20.
Revenue
bonds.
Whenever and as often as the Board of Commissioners determines to issue
bonds as provided in this Act, it shall adopt a resolution describing in a
general way the area to be acquired, the nature of the improvements
thereon, the disposition to be made of such improvements and a description
of any new buildings or other facilities to be constructed thereon. Such
description shall not prohibit the Board of Commissioners from making such
changes as may be necessary or convenient in the discretion of the Board of
Commissioners.
The resolution shall set out the total estimated cost of the project,
determine the period of usefulness and fix the amount of revenue bonds to
be issued, the date or dates of maturity, the dates on which interest is
payable, the sinking fund provisions and all other details in connection
with such bonds. The Board shall determine and fix the rate of interest of
any revenue bonds issued hereunder in such resolution or in any
supplemental resolution adopted by the Board prior to the issuance thereof.
The resolution, trust agreement or other contract entered into with the
bondholders may contain such covenants, including restrictions concerning
the issuance of additional revenue bonds thereafter, as may be deemed
necessary or advisable for the assurance of the payment of the bonds
thereby authorized.
All bonds shall be issued in the name of the Railroad Terminal Authority
and shall have and are hereby declared to have all the qualities and
incidents of negotiable instruments under the laws of this State.
Bonds issued under this Act, whether original issue or issues or
refunding, may be issued as serial or term bonds, shall be of such
denomination or denominations and form, including interest coupons to be
attached thereto, shall be payable at such place or places and bear such
date as the Board of Commissioners shall fix by the resolution authorizing
such bonds and shall mature within a period to be determined by the Board,
and may be redeemable prior to maturity with or without premium, at the
option of the Board of Commissioners, upon such terms and conditions as the
Board of Commissioners shall fix by the resolution authorizing the issuance
of such bonds. The Board of Commissioners may provide for the registration
of such bonds in the name of the owner as to the principal alone or as to
both principal and interest upon such terms and conditions as the Board of
Commissioners may determine. All Bonds issued hereunder by any Railroad
Terminal Authority shall be sold in any manner the Authority may determine
and at such price that the interest cost to the Authority of the proceeds
of such bonds shall not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, payable
semiannually, computed to maturity and shall be sold in such manner and at
such time or times as the Board of Commissioners shall determine.
Bonds issued by a Railroad Terminal Authority and the interest thereon,
shall be payable solely from the revenues derived from (1) the sale or
sales of any real property pursuant to this Act, and (2) the operation,
management or use of the terminal, Terminal Facilities or other facilities
acquired or to be acquired by the Authority, which revenue shall include
payments received under any leases or other contracts for the use of the
terminal, Terminal Facilities or other facilities, or any part thereof. All
bonds shall recite in the body thereof that the principal and interest
thereon are payable solely from the revenues pledged to pay the same and
shall state on their face that it is not an indebtedness of the Authority
or a claim against the property of such Authority.
The bonds shall be executed in the name of the Authority by the Chairman
of the Board of Commissioners or by such other officer of the Authority as
the Board, by resolution, may direct, (or a facsimile signature of such
officer may be imprinted, engraved or otherwise produced thereon) and be
attested by the Secretary, or by such other officer of the Authority as the
Board, by resolution, may direct, and shall be sealed with the Authority's
corporate seal (or a facsimile of the seal may be imprinted, engraved or
otherwise reproduced thereon). The interest coupons attached to such bonds
shall be executed by the facsimile signatures of the persons who shall
execute the bonds. The Chairman and Secretary or other officers of the
Authority executing the bonds shall adopt for their own signatures, their
respective facsimile signatures appearing on such coupons. In case any
officer whose signature appears on the bonds or coupons shall cease to be
such officer before delivery of such bonds, such signature shall
nevertheless be valid and sufficient for all purposes, the same as if said
officer had remained in office until such delivery.
In its discretion, the Railroad Terminal Authority may, from time to
time, as often as it may deem to be advantageous, issue refunding bonds to
refund its bonds prior to their maturity, refund its outstanding matured
bonds, refund matured coupons evidencing interest upon its outstanding
bonds, refund interest at the coupon rate upon its outstanding matured
bonds that has accrued since the maturity thereof, and refund its bonds
which by their terms are subject to call or redemption before maturity. All
bonds redeemed or purchased in accordance with this Act shall forthwith be
cancelled and shall not be again issued.
To secure the payment of any or all revenue bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance of revenue bonds and the issuance of any additional
revenue bonds payable from such revenue income to be derived from (1) the
sale or sales of any property pursuant to this Act, and (2) the operation,
management or use of the terminal, Terminal Facilities or other facilities
acquired or to be acquired by the Authority, the Authority may execute and
deliver a trust agreement or agreements except that no lien upon any
physical property of the Authority shall be created thereby.
The proceeds from the sale of bonds hereunder shall be paid to the
Treasurer of the Railroad Terminal Authority or, in the event that a trust
agreement is executed and delivered by the Authority, then and in such
event, the proceeds from the sale of bonds hereunder shall be paid to the
trustee or trustees specified in any such trust agreement.
The resolution shall provide for the creation of a sinking fund account
into which shall be payable from the revenues of such project, from month
to month as such revenues are collected, such sums in excess of the cost of
maintenance and operation of the project and the costs of administration of
the Authority, as will be sufficient to comply with the covenants of the
bond resolution and sufficient to pay the accruing interest and retire the
bonds at maturity. The Board of Commissioners, in such resolution, may
provide for such other accounts as it may deem necessary for the sale of
the bonds. The monies in said accounts shall be applied in the manner
provided by the resolution, the trust agreement or other contract with the
bondholders.
No bond issued under this Act shall constitute a debt of the Authority
or of the City creating the Authority or of any other public body, but
shall be payable solely from the revenues of the Authority as provided in
this Act.
From and after the issuance of bonds as herein provided it shall be the
duty of the Board of Commissioners to establish and fix rates, rentals,
fees and charges for the use of the terminal, Terminal Facilities or other
facilities, or any part thereof, owned and operated by the Authority, which
when added to the proceeds from the sale of any property pursuant to this
Act and from the income and revenue from any and all leases entered into
between the Authority and the railroad company or companies shall be
sufficient at all times to pay maintenance and operation costs and to pay
the accruing interest and retire the bonds at maturity and to make all
payments to all accounts created by any bond resolution and to comply with
all covenants of any bond resolution. However, the Board of Commissioners
shall not have the duty or be empowered to make any change in any lease or
contract entered into with any railroad company without the prior written
consent of that railroad company.
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.)
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(70 ILCS 1905/21) (from Ch. 114, par. 381)
Sec. 21.
Bondholders legal action.
Any trust agreement or agreements entered into with or for the benefit
of the bondholders may prescribe by whom or on whose behalf action may be
taken by the bondholders, and in the absence of any such provision in the
trust agreement or agreements, any holder of a bond or bonds, or of any of
the coupons of any bond or bonds, issued under the provisions of this Act,
subject only to a contractual restriction binding upon any such bondholder
or holders, may:
(a) By mandamus, injunction, or other civil action, compel
the Authority, and
the member or members, officers, agents or employees thereof, to perform
each and every term, provision and covenant contained in any resolution,
trust agreement or contract with or for the benefit of such bondholder, and
to require the carrying out of any or all such covenants and agreements of
the Authority and the fulfillment of all duties imposed upon said Authority
by this Act.
(b) By civil action, sue to enjoin any acts or things which may be
unlawful, or in violation of any of the rights of said bondholder.
(Source: P.A. 83-345.)
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(70 ILCS 1905/22) (from Ch. 114, par. 382)
Sec. 22.
Bonds
legal investment.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations, political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on a
banking business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or within
their control in any revenue bonds issued pursuant to this Act, it being
the purpose of this section to authorize the investment in such revenue
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/23) (from Ch. 114, par. 383)
Sec. 23.
Contractor's insurance.
Any contract let for the construction, repair, alteration, or
improvement of any building or buildings, the demolition thereof, or
removal of debris resulting therefrom, or any other contract let for any
other type of construction or repair work, shall contain provisions
requiring the contractor or other person, firm or corporation undertaking
such work to give bond in such amount and with such surety, conditioned for
the faithful performance of the contract as the Board of Commissioners may
determine. The Board of Commissioners shall also require such contractor or
other person, firm or corporation to furnish insurance of a character and
amount to be determined by the Board of Commissioners, protecting the
Authority, its Commissioners, officers, agents, and employees, and the
railroads using the terminal and Terminal Facilities, their officers,
agents and employees against any claims for personal injuries (including
death) and property damage that may be asserted because of the doing of the
work.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/24) (from Ch. 114, par. 384)
Sec. 24.
Letting of
contracts.
All contracts to be let for the construction, alteration, improvement,
repair, enlargement, demolition or removal of any buildings or other
facilities, or for materials or supplies to be furnished, where the amount
thereof is in excess of $10,000.00, shall be let to the lowest responsible
bidder, or bidders, on open competitive bidding after public advertisement
published once at least three weeks prior to the opening of bids, in a
secular English language newspaper of general circulation in the county
where the Authority is located. Nothing contained in this Section shall be
construed to prohibit the Board of Commissioners from placing additional
advertisements in recognized trade journals. Advertisements for bids shall
describe the character of the proposed contract in sufficient detail to
enable the bidders thereon to know what their obligation will be, either in
the advertisement itself, or by reference to detailed plans and
specifications on file in the office of the Railroad Terminal Authority at
the time of the publication of the first announcement. Such advertisement
shall also state the date, time, and place assigned for the opening of bids
and no bids shall be received at any time subsequent to the time indicated
in said advertisement. The Board of Commissioners may reject any and all
bids received and readvertise for bids. All bids shall be open to public
inspection in the office of the Railroad Terminal Authority for a period of
at least 48 hours before award is made. The successful bidder
for such work shall enter into contracts furnished and prescribed by the
Board of Commissioners and in addition to any other bonds required under
this Act the successful bidder shall execute and give bond, payable to and
to be approved by the Authority, with a corporate surety authorized to do
business under the laws of the State of Illinois, in an amount to be
determined by the Board of Commissioners, conditioned upon the payment of
all labor furnished and materials supplied in the prosecution of the
contracted work. If the bidder whose bid has been accepted shall neglect or
refuse to accept the contract within five (5) days after written notice
that the same has been awarded to him, or if he accepts but does not
execute the contract and give the proper security, the Authority may accept
the next lowest bidder, or readvertise and relet in the manner above
provided. In case any work shall be abandoned by any contractor the
Authority may, if the best interests of the Authority be thereby served,
adopt on behalf of the Authority all sub-contracts made by such contractor
for such work and all such sub-contractors shall be bound by such adoption
if made; or the Authority shall, in the manner provided herein, readvertise
and relet the work specified in the original contract exclusive of so much
thereof as shall be accepted. Every contract when made and entered into, as
herein provided for, shall be executed in duplicate, one copy of which
shall be held by the Authority, and filed in its records,
and one copy of
which shall be given to the contractor.
(Source: P.A. 83-343.)
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(70 ILCS 1905/25) (from Ch. 114, par. 385)
Sec. 25.
Execution
of leases, contracts, deeds.
All leases, contracts, deeds of conveyance, or instruments in writing
executed by the Authority, shall be executed in the name of the Authority
by the Chairman and Secretary of the Authority, or by such other officers
as the Board of Commissioners, by resolution, may direct, and the seal of
the Authority shall be affixed thereto.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/26) (from Ch. 114, par. 386)
Sec. 26.
Exempt
from taxation.
All property of the Railroad Terminal Authority shall be exempt from
taxation by the State or any taxing unit therein.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/27) (from Ch. 114, par. 387)
Sec. 27.
Interstate
Commerce Commission.
No order, resolution or other action of a Railroad Terminal Authority
pursuant to this Act which requires the abandonment, removal, relocation,
rearrangement, or extension of any lines, terminals, Terminal Facilities,
or Freight Facilities of an interstate carrier shall be effective until
approved or authorized by the Interstate Commerce Commission or other
federal agency having jurisdiction of the subject matter by Act of
Congress. The Authority or any municipality, railroad or other corporation
or person affected by such order, resolution or other action of the
Authority may, by petition, complaint, intervention, or otherwise, seek or
obtain approval or grant of appropriate certificates of authority by the
Interstate Commerce Commission or other federal agency required to make
such order, resolution or other action of the Authority effective.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/28) (from Ch. 114, par. 388)
Sec. 28.
Partial
invalidity.
The provisions of this Act and the applications thereof to any person or
circumstance are declared to be severable.
If any section, clause, sentence, paragraph, part or provision of this
Act shall be held to be invalid by any Court, it shall be conclusively
presumed that the remaining portions of this Act would have been passed by
the Legislature without such invalid section, clause, sentence, paragraph,
part or provision.
If the application of any section, clause, sentence, paragraph, part or
provision of this Act to any person or circumstance is held invalid, such
invalidity shall not affect the application thereof to other persons or
circumstances.
(Source: Laws 1957, p. 786.)
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(70 ILCS 1905/29) (from Ch. 114, par. 389)
Sec. 29.
Liberal
construction.
This Act being necessary and desirable for and intended to secure the
public convenience and welfare, the provisions of this Act shall be
liberally construed to give effect to the provisions hereof.
(Source: Laws 1957, p. 786.)
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