| |
Public Act 093-0874
Public Act 0874 93RD GENERAL ASSEMBLY
|
Public Act 093-0874 |
SB1914 Enrolled |
LRB093 08746 RCE 08976 b |
|
| AN ACT in relation to economic development.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. Short title. This Act may be cited as the | Western Illinois
Economic Development Authority
Act.
| Section 10. Findings. The General Assembly determines and | declares the
following:
| (1) that labor surplus areas currently exist in western | Illinois;
| (2) 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 or her | family migrate elsewhere to find work, the
burden 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;
| (3) 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 western region of Illinois;
| (4) that a lack of decent housing contributes to urban | blight, crime,
anti-social behavior, disease, a higher
need for | public assistance, reduced tax revenues, and the migration of | workers
and their families away from
areas which fail to offer | adequate, decent, and affordable housing;
| (5) that decent, affordable housing is a necessary | ingredient of life
affording each citizen basic human
dignity, | a sense of self-worth, confidence, and a firm foundation upon |
| which to
build a family and educate
children;
| (6) that in order to foster civic and neighborhood pride, | citizens require
access to educational institutions,
| recreation, parks and open spaces, entertainment, sports, a | reliable
transportation network, cultural
facilities, and | theaters; and
| (7) that the main purpose of this Act is to promote | industrial, commercial,
residential, 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 the | State.
| Section 15. Definitions. In this Act:
| "Authority" means the Western Illinois Economic | Development Authority.
| "Governmental agency" means any federal, State, or local | governmental body
and any agency or
instrumentality thereof, | corporate or otherwise.
| "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.
| "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.
| "Board" means the Board of Directors of the Western | Illinois Economic
Development Authority.
| "Governor" means the Governor of the State of Illinois.
| "City" means any city, village, incorporated town, or | township within the
geographical territory of the
Authority.
| "Industrial project" means the following:
| (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, | ethanol plant, office building, industrial distribution
| center, warehouse,
repair, overhaul or service
facility, | freight terminal, research facility, test facility, railroad
| facility, port 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 therefore
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.
| "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.
| "Project" means an industrial, housing, residential, | commercial, or service
project, or any combination
thereof, | provided that all uses fall within one of the categories | described
above. Any project automatically
includes 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.
| "Lease agreement" means an agreement in which a project | acquired by the
Authority by purchase, gift,
or lease is leased | to any person or corporation that will use, or cause the
| project to be used, as a project,
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 the 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 other | terms as may be deemed
desirable by the Authority.
| "Loan agreement" means any agreement in 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, 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 terms | deemed advisable by the Authority.
| "Financial aid" means the expenditure of Authority funds or | funds provided by
the Authority for the
development, | construction, acquisition or improvement of a project, through | the
issuance of revenue bonds,
notes, or other evidences of | indebtedness.
| "Costs incurred in connection with
the development, | construction, acquisition or improvement of a
project" means | the following:
| (1) 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
the construction;
| (2) financing charges;
| (3) 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;
| (4) engineering and legal expenses; and
| (5) 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.
| Section 20. Creation.
| (a) There is created a political subdivision, body politic, | and municipal
corporation named the Western
Illinois Economic | Development Authority. The territorial jurisdiction of the
| Authority is that geographic
area within the boundaries of the | following counties: Warren,
Henderson, Hancock,
McDonough, | Fulton, Mason, Cass, Schuyler, Brown, Adams, Scott, Morgan,
and | Pike 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 21
members as | follows:
| (1) Ex officio members. The Director of Commerce and
| Economic Opportunity, or
a designee of that Department, and | the Director of Central
Management Services, or a
designee | of that Department, shall serve as ex officio members.
| (2) Public members. Six members shall be appointed by | the Governor with the advice and
consent of the Senate. The | county board chairmen of the following counties
shall each | appoint one
member: Warren, Henderson, Hancock, McDonough, | Fulton, Mason,
Cass, Schuyler, Brown,
Adams, Scott, |
| Morgan, and Pike. All public members shall reside within
| the territorial
jurisdiction of the Authority.
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, | state or
local government, commercial agriculture, small
| business management, real
estate development, community | development, venture finance, organized labor, or
civic or | community
organization.
| (c) 11 members shall constitute a quorum.
| (d) The chairman of the Authority shall be elected annually | by the Board and must be a public member that resides within | the territorial jurisdiction of the Authority.
| (e) The terms of all initial members of the Authority shall | begin 30 days
after the effective date of this
Act.
Of the 6 | original public members appointed by the Governor, 2
shall | serve until the third Monday in January, 2005; 1 shall serve | until the
third Monday in January, 2006; 1 shall serve until | the third Monday in January,
2007; 1 shall serve until the | third Monday in January, 2008; and 1 shall serve
until the | third Monday in January, 2009. The initial terms of the | original public members appointed by the county board chairmen | shall be determined by lot, according to the following | schedule: (i) 3 shall serve until the third Monday in January, | 2005, (ii) 3 shall serve until the third Monday in January, | 2006, (iii) 3 shall serve until the third Monday in January, | 2007, (iv) 2 shall serve until the third Monday in January, | 2008, and (v) 2 shall serve until the third Monday in January, | 2009. All successors to these original
public
members shall be | appointed by the original appointing authority and all | appointments made by the Governor shall be made with the advice | and consent of the Senate, pursuant to subsection (b), and | shall hold office for a term of 6 years
commencing the third | Monday in January of the year in which their term
commences, | except in the 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 the
office and, upon confirmation by the Senate, he or | she shall hold office during
the remainder of the term
and | until a successor is appointed and qualified. Members of the | Authority are
not entitled to
compensation for their services | as members but are entitled to reimbursement
for all necessary | expenses
incurred in connection with the performance of their | duties as members.
| (f) The Governor may remove any public member of the | Authority in case of
incompetence, neglect of
duty, or | malfeasance in office. The chairman of a county board may | remove any
public member appointed
by that chairman in the case | of incompetence, neglect of duty, or malfeasance
in office.
| (g) The Board shall appoint an Executive Director who shall | have a
background in finance, including
familiarity with the | legal and procedural requirements of issuing bonds, real
| estate, or economic
development and administration. The | Executive Director shall hold office at the
discretion of the | Board.
The Executive Director shall be the chief administrative | and operational
officer of the Authority, shall
direct and | supervise its administrative affairs and general management, | perform
such other duties as may
be prescribed from time to | time by the members, and receive compensation fixed
by the | Authority. The Department of Commerce and Community Affairs | shall pay
the compensation of the Executive Director from | appropriations received for
that purpose. 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
the Illinois Finance Authority, | attorneys, appraisers, engineers, accountants,
credit | analysts, and other consultants if the Western Illinois | Economic
Development Authority deems it advisable.
|
| Section 25. Duty. All official acts of the Authority shall | require the
approval of at least 11 members. It
shall be the | duty of the Authority to promote development within the | geographic
confines of
Warren, Henderson, Hancock, McDonough, | Fulton, Mason, Cass, Schuyler, Brown,
Adams, Scott, Morgan, and | Pike
counties. The Authority shall use the powers conferred | upon it to assist in the
development, construction,
and | acquisition of industrial, commercial, housing, or residential | projects
within those counties.
| Section 30. 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 powers:
| (1) to enter into loans, contracts, agreements, and | mortgages in any
matter connected with any of
its corporate | purposes and to invest its funds;
| (2) to sue and be sued;
| (3) to utilize services of the Illinois Finance | Authority necessary to
carry out its purposes;
| (4) to have and use a common seal and to alter the seal | at its discretion;
| (5) to adopt all needful ordinances, resolutions, | bylaws, rules, and
regulations for the conduct of
its | business and affairs and for the management and use of the | projects
developed, constructed, acquired,
and improved in | furtherance of its purposes;
| (6) to designate the fiscal year for the Authority;
| (7) to accept and expend appropriations;
| (8) to acquire, own, lease, sell, or otherwise dispose | of interests in and
to real property and
improvements | situated on that real property and in personal property | necessary
to fulfill the purposes of the
Authority;
| (9) to engage in any activity or operation which is |
| incidental to and in
furtherance of efficient
operation to | accomplish the Authority's primary purpose;
| (10) 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. | These charges 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;
| (11) 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; | and
| (12) to have and exercise all powers and be subject to | all duties usually
incident to boards of
directors of | corporations.
| (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: (i) notice, including a
description of the proposed | project and the financing for that project, is
submitted to the | corporate
authorities of the municipality or, in the case of a | proposed project in an
unincorporated area, to the county
board | and (ii) the corporate authorities of the municipality 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 the municipality remain in full | force and
effect and are controlling.
| Section 35. Tax avoidance. Notwithstanding any other | provision of law, the
Authority shall not enter into
any |
| agreement providing for the purchase and lease of tangible | personal
property which results in the
avoidance of taxation | under the Retailers' Occupation Tax Act, the Use Tax Act,
the | Service Use Tax Act,
or the Service Occupation Tax Act, without | the prior written consent of the
Governor.
| Section 40. 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 not to
exceed $250,000,000 for the
following purposes: | (i) development, construction, acquisition, or improvement
of | projects, including those
established by business entities | locating or expanding property within the
territorial | jurisdiction of the
Authority; (ii) entering into venture | capital agreements with businesses
locating or expanding | within the
territorial jurisdiction of the Authority; (iii) | acquisition and improvement of
any property necessary and
| useful in connection therewith; and (iv) 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 | solely and
only 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) 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 the 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 the bonds, notes, or other evidences of
indebtedness by the | provision of the
resolution authorizing their issuance and to | enjoin the corporation, person,
the Authority, and any of its
| agents or employees from taking any action in conflict with any | contract or
covenant.
| (c) If the Authority fails to pay the principal of or | interest on any of the
bonds or premium, if any, as the
bond | becomes 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 the default of payment exists or by
an | indenture trustee acting
on behalf of the 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 over
the subject matter of the 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.
|
| (d) Notwithstanding the form and tenor of any bond, note, | or other evidence
of indebtedness and in
the absence of any | express recital on its face 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
bonds, notes, or other evidences of indebtedness, | temporary bonds, notes, or
evidences of indebtedness may
be | issued as provided by ordinance.
| (e) 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 of the bonds, notes, or other | evidences of indebtedness 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 mortgage or trust agreement by the Authority may | be by mandamus
proceeding in the appropriate circuit court to | compel performance and compliance under the terms of the
| mortgage or trust agreement, but the trust agreement may | prescribe by whom or on whose behalf the action
may be | instituted.
| (f) Bonds or notes shall be secured as provided in the | authorizing ordinance which may include,
notwithstanding any | other provision of this Act, in addition to any other security, | a specific pledge,
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 the bonds or notes.
| (g) In the event that the Authority determines that moneys |
| 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 the
principal of and interest on the bonds. | The Governor shall submit the certified
amount to the General
| Assembly as soon as practicable, but no later than the end of | the current State
fiscal year. This Section shall
not apply to | any bonds or notes to which the Authority determines, in the
| resolution authorizing the
issuance of the bonds or notes, that | this Section shall not apply. Whenever the
Authority makes this
| determination, it shall be plainly stated on the face of the | bonds or notes and
the determination shall also be
reported to | the Governor.
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 | certified
amount to the General Assembly as soon as | practicable, but no later than the
end of the current State | fiscal
year.
| (h) 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 the | holders of
bonds or notes or in any way impair the rights and | remedies of those holders until the 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 the 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.
| (i) Not less than 30 days prior to the commitment to issue | bonds, notes, or
other evidences of
indebtedness for the | purpose of developing, constructing, acquiring, or
improving | housing or residential
projects, as defined in this Act, the | Authority shall provide notice to the
Executive Director of the | Illinois
Housing Development Authority. Within 30 days after | the notice is provided, the
Illinois Housing
Development | Authority shall, in writing, either express interest in | financing
the project or notify the
Authority that it is not | interested in providing financing and that the
Authority may | finance the project or
seek alternative financing.
| Section 45. 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, exempt for estate,
| transfer, and inheritance taxes. The
exemption from taxation | provided by the preceding sentence shall apply to the
income on | any notes or
bonds of the Authority only if the Authority in | its sole judgment determines
that the exemption enhances
the | marketability of the bonds or notes or reduces the interest | rates that
would otherwise be borne by the
bonds or notes. For | purposes of Section 250 of the Illinois Income Tax Act, the
| exemption of the Authority
shall terminate after all of the | bonds have been paid. The amount of such income that shall be | added and
then subtracted on the Illinois income tax return of |
| a taxpayer, 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.
| Section 50. 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 of these sources.
| (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 this | purpose the proceeds derived from its sale of revenue
bonds, | notes, or other
evidences of indebtedness or governmental loans | or grants and shall have the
power to hold title to those
| projects in the name of the Authority.
| (d) The Authority shall have the power to enter into | intergovernmental
agreements with the State of
Illinois, the | counties of Warren, Henderson, Hancock, McDonough,
Fulton, | Mason, Cass,
Schuyler, Brown, Adams, Scott, Morgan, or Pike, | the Illinois
Development Finance Authority, the Illinois | Housing
Development Authority, the Illinois Education | Facilities Authority, the
Illinois
Farm
Development Authority, | the Rural Bond Bank,
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.
| Section 55. Enterprise zones. The Authority may by | ordinance designate a
portion of the territorial
jurisdiction | of the Authority for certification as an Enterprise Zone under | the
Illinois Enterprise Zone Act in
addition to any other | enterprise zones which may be created under that Act,
which | area shall have all the
privileges and rights of an Enterprise | Zone pursuant to the Illinois Enterprise
Zone Act, but which | shall not
be counted in determining the number of Enterprise | Zones to be created in any
year pursuant to that Act.
| Section 60. 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.
| Section 65. 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.
| Section 70. Fees. The Authority may collect fees and | charges in connection
with its loans, commitments,
and | servicing and may provide technical assistance in the | development of the
region.
| Section 75. Reports. 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 to the General Assembly.
| Section 95. The Tri-City Regional Port District Act is | amended by
changing Section 4 as follows:
| (70 ILCS 1860/4) (from Ch. 19, par. 287)
| Sec. 4. The Port District has the following rights and | powers:
| 1. To issue permits: for the construction of all wharves, | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | jetties, bridges or other
structures of any kind, over, under, | in, or within 40 feet of any navigable
waters within the Port | District; for the deposit of rock, earth, sand or
other | material, or any matter of any kind or description in such | waters;
except that nothing contained in this paragraph 1 shall | be construed so
that it will be deemed necessary to obtain a |
| permit from the District for
the erection, operation or | maintenance of any bridge crossing a waterway
which serves as a | boundary between the State of Illinois and any other
State, | when such erection, operation or maintenance is performed by | any
city within the District;
| 2. To prevent or remove obstructions in navigable waters, | including the
removal of wrecks;
| 3. To locate and establish dock lines and shore or harbor | lines;
| 4. To regulate the anchorage, moorage and speed of water | borne vessels
and to establish and enforce regulations for the | operation of bridges,
except nothing contained in this | paragraph 4 shall be construed to give the
District authority | to regulate the operation of any bridge crossing a
waterway | which serves as a boundary between the State of Illinois and | any
other State, when such operation is performed or to be | performed by any
city within the District;
| 5. To acquire, own, construct, lease for any period not | exceeding 99
years, operate and maintain terminals, terminal | facilities and port
facilities, to fix and collect just, | reasonable, and nondiscriminatory
charges for the use of such | facilities, and, except as provided herein for
short term | financing, to use the charges so collected to defray the
| reasonable expenses of the Port District and to pay the | principal of and
interest on any revenue bonds issued by the | District;
| 6. To acquire, erect, construct, reconstruct, improve, | maintain, operate
and lease in whole or part for any period not | exceeding 99 years, central
office or administrative | facilities for use by the Port District, any
tenant, occupant | or user of the District facilities, or anyone engaged in
| commerce in the District.
| 7. To sell, assign, pledge or hypothecate in whole or in | part any
contract, lease, income, charges, tolls, rentals or | fees of the District to
provide short term interim financing | pending the issuance of revenue bonds
by the District, provided |
| that when such revenue bonds are issued, such
contracts, | leases, income, charges, tolls, rentals or fees shall be used | to
defray the reasonable expenses of the Port District and pay | the principal
of and income on any revenue bonds issued by the | District;
| 8. To acquire, own, construct, lease for any period not | exceeding 99
years, operate, develop and maintain Port District | water and sewerage
systems including but not limited to pipes, | mains, lines, sewers, pumping
stations, settling tanks, | treatment plants, water purification equipment,
wells, storage | facilities and all other equipment, material and facilities
| necessary to such systems, for the use upon payment of a | reasonable fee as
set by the District, of any tenant, occupant | or user of the District
facilities, or anyone engaged in | commerce in the District, provided that
the District shall not | acquire, own, construct, lease, operate, develop and
maintain | such water and sewerage systems if such services can be | provided
by a public utility or municipal corporation upon | request of the District,
and provided further that if the | District develops its own water and
sewerage systems such | systems may be sold or disposed of at anytime to any
public | utility or municipal corporation which will continue to service | the
Port District.
| 9. To create, establish, maintain and operate a public | incinerator for
waste disposal by incineration by any means or | method, for use by
municipalities for the disposal of municipal | wastes and by industries for
the disposal of industrial waste; | and to lease land and said incineration
facilities for the | operation of an incinerator for a term not exceeding 99
years | and to fix and collect just, reasonable and non-discriminatory
| charges for the use of such incinerating facilities, and to use | the charges
or lease proceeds to defray the reasonable expenses | of the Port District,
and to pay the principal of and interest | on any revenue bonds issued by the
Port District.
| 10. 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 facilities;
| 11. To operate, maintain, manage, lease or sublease for any | period not
exceeding 99 years, and to make and enter into | contracts for the use,
operation or management of, and to | provide rules and regulations for, the
operation, management or | use of, any public airport or public airport
facility;
| 12. To fix, charge and collect reasonable rentals, tolls, | fees, and
charges for the use of any public airport, or any | part thereof, or any
public airport facility;
| 13. To establish, maintain, extend and improve roadways and | approaches
by land, water or air to any such airport and to | contract or otherwise
provide, by condemnation if necessary, | for the removal of any airport
hazard or the removal or | relocation of all private structures, railways,
mains, pipes, | conduits, wires, poles, and all other facilities and
equipment | which may interfere with the location, expansion, development, | or
improvement of airports or with the safe approach thereto or | take-off
therefrom by aircraft, and to pay the cost of removal | or relocation; and,
subject to the "Airport Zoning Act", | approved July 17, 1945, as amended,
to adopt, administer and | enforce airport zoning regulations for territory
which is | within its corporate limits or which extends not more than 2 | miles
beyond its corporate limits;
| 14. To restrict the height of any object of natural growth | or structure
or structures within the vicinity of any airport | or within the lines of an
approach to any airport and, when | necessary, for the reduction in the
height of any such existing | object or structure, to enter into an agreement
for such | reduction or to accomplish same by condemnation;
| 15. To agree with the state or federal governments or with | any public
agency in respect to the removal and relocation of | any object of natural
growth, airport hazard or any structure | or building within the vicinity of
any airport or within an | approach and which is owned or within the control
of such |
| government or agency and to pay all or an agreed portion of the
| cost of such removal or relocation;
| 16. For the prevention of accidents, for the furtherance | and protection
of public health, safety and convenience in | respect to aeronautics, for the
protection of property and | persons within the District from any hazard or
nuisance | resulting from the flight of aircraft, for the prevention of
| interference between, or collision of, aircraft while in flight | or upon the
ground, for the prevention or abatement of | nuisances in the air or upon the
ground or for the extension or | increase in the usefulness or safety of any
public airport or | public airport facility owned by the District, the
District may | regulate and restrict the flight of aircraft while within or
| above the incorporated territory of the District;
| 17. To police its physical property only and all waterways | and to
exercise police powers in respect thereto or in respect | to the enforcement
of any rule or regulation provided by the | ordinances of the District and to
employ and commission police | officers and other qualified persons to
enforce the same. The | use of any such public airport or public airport
facility of | the District shall be subject to the reasonable regulation and
| control of the District and upon such reasonable terms and | conditions as
shall be established by its Board. A regulatory | ordinance of the District
adopted under any provision of this | Section may provide for a suspension or
revocation of any | rights or privileges within the control of the District
for a | violation of any such regulatory ordinance. Nothing in this | Section
or in other provisions of this Act shall be construed | to authorize such
Board to establish or enforce any regulation | or rule in respect to
aviation, or the operation or maintenance | of any airport facility within
its jurisdiction, which is in | conflict with any federal or state law or
regulation applicable | to the same subject matter;
| 18. To enter into agreements with the corporate authorities | or governing
body of any other municipal corporation or any | political subdivision of
this State to pay the reasonable |
| expense of services furnished by such
municipal corporation or | political subdivision for or on account of income
producing | properties of the District;
| 19. To enter into contracts dealing in any manner with the | objects and
purposes of this Act;
| 20. To acquire, own, lease, sell or otherwise dispose of | interests in
and to real property and improvements situate | thereon and in personal
property necessary to fulfill the | purposes of the District;
| 21. To designate the fiscal year for the District;
| 22. To engage in any activity or operation which is | incidental to and in
furtherance of efficient operation to | accomplish the District's primary purpose ; .
| 23. To apply to proper authorities of the United States of | America
pursuant to appropriated Federal Law for the right to | establish, operate,
maintain and lease
foreign trade zones and | sub-zones within the limits of the Tri-City Regional Port
| District or within the jurisdiction of the United States | Customs Service
Office of the St. Louis Port of Entry and to | establish, operate, maintain
and lease such foreign trade zones
| and the sub-zones ; .
| 24. To operate, maintain, manage, lease, or sublease for | any period not
exceeding 99 years any former military base | owned or leased by the District
and within its jurisdictional | boundaries, to make and enter into any contract
for
the
use, | operation, or management of any former military base owned or | leased by
the District and located within its jurisdictional
| boundaries,
and to provide rules and regulations for the | development, redevelopment, and
expansion of any former | military base owned or leased by the District and
located | within its jurisdictional boundaries;
| 25. To locate, establish, re-establish, expand or renew, | construct or
reconstruct, operate, and maintain any facility, | building, structure, or
improvement for a use or a purpose | consistent with any use or purpose of any
former military base | owned or leased by the District and located within its
|
| jurisdictional boundaries; | 26. To acquire, own, sell, convey, construct, lease for any | period not
exceeding 99 years, manage, operate, expand, | develop, and maintain any
telephone system, including, but not | limited to, all equipment,
materials, and facilities necessary | or incidental to that
telephone
system, for use, at the option | of the District and upon payment of a reasonable
fee set by the | District, of any tenant or occupant
situated on
any former | military base owned or leased by the District and located | within its
jurisdictional boundaries; | 27. To cause to be incorporated one or more subsidiary | business
corporations, wholly owned by the District, to own, | operate, maintain, and
manage facilities and services related | to any telephone system, pursuant to
paragraph 26. A subsidiary | corporation formed pursuant to this paragraph shall
(i) be | deemed a telecommunications carrier, as that term is defined in | Section
13-202 of the Public Utilities Act, (ii) have the right | to apply to the
Illinois
Commerce Commission for a Certificate | of Service Authority or a Certificate of
Interexchange Service | Authority, and (iii) have the powers necessary to carry
out
| lawful orders of the Illinois Commerce Commission; | 28. To improve, develop, or redevelop any former military | base situated
within the boundaries of the District, in Madison | County, Illinois, and
acquired
by the District from the federal | government, acting by and through the United
States Maritime | Administration, pursuant to any plan for redevelopment,
| development, or improvement of that military base by the | District that is
approved by the United States Maritime | Administration under the terms and
conditions of conveyance of | the former military base to the District by the
federal
| government. | (Source: P.A. 83-690.)
| Section 999. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/6/2004
|
|
|