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Public Act 094-1036 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Mid-America Medical District Act. | ||||
Section 5. Creation of District. There is created in the | ||||
City of East St. Louis
a medical center district, the | ||||
Mid-America Medical District, whose
boundaries are Martin | ||||
Luther King Drive on the Northeast, 10th Street up to Trendley | ||||
Avenue on the Southeast, Trendley Avenue and the confluence of | ||||
I-64, I-70, and I-55 on the Southwest and West, and a line | ||||
north of Collinsville, parallel to Collinsville, so as to | ||||
include both sides of Collinsville on the Northwest, excluding | ||||
any part of the City Hall complex and any property belonging to | ||||
the federal government.
The District is created to attract and | ||||
retain academic centers of excellence,
viable health care | ||||
facilities, medical research facilities, emerging high
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technology enterprises, and other facilities and uses as | ||||
permitted by this
Act. | ||||
Section 10. Mid-America Medical District Commission. | ||||
(a) There is created a body politic and corporate under
the | ||||
corporate name of the Mid-America Medical District Commission
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whose general purpose, in addition to and not in limitation of
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those purposes and powers set forth in this Act, is to:
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(1) maintain the proper surroundings for a medical | ||||
center and a related
technology center in order to attract, | ||||
stabilize, and retain within the
District hospitals, | ||||
clinics, research facilities, educational facilities, or
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other facilities permitted under this Act; and
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(2) provide for the orderly creation, maintenance, | ||||
development, and
expansion of (i) health care
facilities |
and other ancillary or related facilities that the | ||
Commission may
from time to time determine are established | ||
and operated (A) for any aspect of
the carrying out of the | ||
Commission's purposes as set forth in this Act, (B) for
the | ||
study, diagnosis, and treatment of human ailments and | ||
injuries, whether
physical or mental, or (C) to promote | ||
medical, surgical, and scientific
research and knowledge | ||
as permitted under this Act; and (ii) medical research
and | ||
high technology parks, together with the necessary lands, | ||
buildings,
facilities, equipment, and personal property | ||
for those parks.
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(b) The Commission has perpetual succession and the power
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to contract and be contracted with, to sue and be sued except | ||
in actions
sounding in tort, to plead and be impleaded, to have | ||
and use a common
seal, and to alter the same at pleasure. All | ||
actions sounding in tort
against the Commission shall be | ||
prosecuted in the Court of Claims. The
principal office of the | ||
Commission shall be in the City of East St. Louis. The | ||
Commission shall obtain, under the
provisions of the Personnel | ||
Code, such personnel as the Commission shall
deem advisable to | ||
carry out the purposes of this Act and the work of the
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Commission.
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(c) The
Commission shall consist of 9 appointed members and | ||
3 ex-officio members. Three members shall be appointed by the | ||
Governor. Three members shall be appointed by the Mayor of East | ||
St. Louis, with the consent of the city council. Three members | ||
shall be appointed by the Chairman of the County Board of St. | ||
Clair County. All appointed members shall hold office for a | ||
term of 3 years ending on December 31, and until their | ||
successors are appointed; except that of the initial appointed | ||
members, each appointing authority shall designate one | ||
appointee to serve for a term ending December 31, 2007, one | ||
appointee to serve for a term ending December 31, 2008, and one | ||
appointee to serve for a term ending December 31, 2009. | ||
The Director of Commerce and Economic Opportunity or his or | ||
her designee, the Director of Public Health or his or her |
designee, and the Secretary of Human Services or his or her | ||
designee shall serve as ex-officio members.
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(d) Any vacancy in the appointed membership of the | ||
Commission
occurring by reason of the death, resignation, | ||
disqualification, removal,
or inability or refusal to act of | ||
any of the members of the Commission
shall be filled by the | ||
authority that had appointed the particular member,
and for the | ||
unexpired term of office of that particular member.
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(e) The Commission shall hold regular meetings annually for | ||
the election of
a President, Vice-President, Secretary, and | ||
Treasurer, for the adoption of a
budget, and for such other | ||
business as may properly come before it. The Commission shall | ||
establish the duties and responsibilities of its officers
by | ||
rule. The President or any 3 members of the Commission
may call | ||
special meetings of the Commission. Each Commissioner shall | ||
take an
oath of office for the faithful performance of his or | ||
her duties. The
Commission may
not transact business at a | ||
meeting of the Commission unless there is present at
the | ||
meeting a quorum consisting of at least 7
Commissioners. | ||
Meetings may be held
by
telephone conference or other | ||
communications equipment by means of which all
persons | ||
participating in the meeting can communicate with each other.
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(f) The Commission shall submit to the General Assembly, | ||
not later than
March 1 of each odd-numbered year, a detailed | ||
report covering its
operations for the 2 preceding calendar | ||
years and a statement of its
program for the next 2 years.
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The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader, and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader, and the | ||
Secretary of the Senate and with the Legislative Research
Unit, | ||
as required by Section 3.1 of the General Assembly Organization | ||
Act,
and by filing such additional copies with the State | ||
Government Report
Distribution Center for the General Assembly | ||
as is required under paragraph
(t) of Section 7 of the State | ||
Library Act.
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(g) The Auditor General shall conduct audits of the | ||
Commission in the same
manner as the Auditor General conducts | ||
audits of State agencies under the
Illinois State Auditing Act.
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(h) Neither the Commission nor the District have any power | ||
to tax.
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(i) The Commission is a public body and subject to the Open | ||
Meetings Act and
the Freedom of Information Act. | ||
Section 15. Grants; loans; contracts. The Commission may | ||
apply for and
accept grants, loans, or appropriations from the | ||
State of Illinois, the federal
government, any State or federal | ||
agency or instrumentality, any unit of local
government, or any | ||
other person or entity to be used for any of the purposes of
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the District. The Commission may enter into any agreement with | ||
the State of
Illinois, the federal government, any State or | ||
federal instrumentality, any
unit of local government, or any | ||
other person or entity in relation to the
grants, matching | ||
grants, loans, or appropriations. The Commission also may, by
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contractual agreement, accept and collect assessments or fees | ||
from entities who
enter into such a contractual agreement for | ||
District enhancement and
improvements, common area shared | ||
services, shared facilities, or other
activities or | ||
expenditures in furtherance of the purposes of this Act.
The | ||
Commission may make grants to neighborhood organizations | ||
within the
District for the purpose of benefitting the | ||
community. | ||
Section 20. Property; acquisition. The Commission is | ||
authorized to acquire
the fee simple title to real property | ||
lying within the District and personal
property required for | ||
its purposes, by gift, purchase, or otherwise. Title
shall be | ||
taken in the corporate name of the Commission. The Commission | ||
may
acquire by lease any real property located within the | ||
District and personal
property found by the Commission to be | ||
necessary for its purposes and to which
the Commission finds | ||
that it need not acquire the fee simple title for
carrying out |
of those purposes. All real and personal property within the
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District, except that owned and used for purposes authorized | ||
under this Act by
medical institutions or allied educational | ||
institutions, hospitals,
dispensaries, clinics, dormitories or | ||
homes for the nurses, doctors, students,
instructors, or other | ||
officers or employees of those institutions
located in the | ||
District, or any real property that is used for offices or for
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recreational purposes in connection with those institutions,
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or any improved residential property within a currently | ||
effective historical
district properly designated under a | ||
federal statute or a State or local
statute that has been | ||
certified by the Secretary of the Interior to the
Secretary of | ||
the Treasury as containing criteria that will substantially
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achieve the purpose of preserving and rehabilitating buildings | ||
of historical
significance to the district, may be acquired by | ||
the Commission in its
corporate name under the provisions for | ||
the exercise of the right of eminent
domain under Article VII | ||
of the Code of Civil Procedure. The Commission has no
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quick-take powers, no zoning powers, and no power to establish | ||
or enforce
building codes.
The Commission may not acquire any | ||
property pursuant to this Section before a
comprehensive master | ||
plan has been approved under Section 65. | ||
Section 25. Construction. The Commission may, in its | ||
corporate capacity,
construct or cause to be constructed within | ||
the District hospitals,
sanitariums, clinics, laboratories, or | ||
any other institution, building, or
structure or other | ||
ancillary or related facilities that the Commission may,
from | ||
time to time, determine are established and operated (i) for | ||
the carrying
out of any aspect of the Commission's purposes as | ||
set forth in this Act, for
the study, diagnosis, and treatment | ||
of human
ailments and injuries, whether physical or mental, or | ||
to promote medical,
surgical, and scientific research and | ||
knowledge, for any uses the
Commission shall determine will | ||
support and nurture facilities and uses
permitted by this Act, | ||
or for such nursing, extended care, or other
facilities as the |
Commission
shall find useful in the study of, research in, or | ||
treatment of illnesses
or infirmities peculiar to aged people, | ||
after a public hearing to be held
by any Commissioner or other | ||
person authorized by the Commission to conduct
the hearing, | ||
which Commissioner or other person has the power to
administer | ||
oaths and affirmations and take the testimony of witnesses and
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receive such documentary evidence as shall be pertinent, the | ||
record of
which hearing he or she shall certify to the | ||
Commission, which record shall
become part of the records of | ||
the Commission, notice of the time, place, and
purpose of the | ||
hearings to be given by a single publication notice in a
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secular newspaper of general circulation in St. Clair County at | ||
least
10 days before the date of the hearing, or (ii) for such | ||
institutions as
shall engage in the training, education, or | ||
rehabilitation of persons who
by reason of illness or physical | ||
infirmity are wholly or partially deprived
of their powers of | ||
vision or hearing or of the use of such other part or
parts of | ||
their bodies as prevent them from pursuing normal activities of
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life, for office buildings for physicians or dealers in medical | ||
accessories,
for dormitories, homes, or residences for the | ||
medical profession, including
interns, nurses, students, or | ||
other officers or employees of the
institutions within the | ||
District, for the use of relatives of patients
in the hospitals | ||
or other institutions within the District, for the
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rehabilitation or establishment of residential structures | ||
within
a historic district properly designated under a federal
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statute or a State or local statute that has been certified by | ||
the Secretary
of the Interior to the Secretary of the Treasury | ||
as containing criteria
that will substantially achieve the | ||
purpose of preserving and rehabilitating
buildings of historic | ||
significance to the district, or
such other areas of the | ||
District as the Commission shall designate, for
research, | ||
development, and resultant production in any of the fields of
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medicine, chemistry, pharmaceuticals, physics, and genetically | ||
engineered
products, for biotechnology, information | ||
technology, medical technology, or
environmental technology, |
for the research and development of engineering,
or for | ||
computer technology related to any of the purposes for which | ||
the
Commission may construct structures and improvements | ||
within the District. All
such structures and improvements shall | ||
be erected and constructed in accordance
with the provisions of | ||
the Illinois Procurement Code that apply to State
agencies.
No | ||
construction may be undertaken pursuant to this Section before | ||
a
comprehensive master plan has been approved under Section 65. | ||
Section 30. Relocation assistance. The Commission shall | ||
provide relocation
assistance to persons and entities | ||
displaced by the Commission's acquisition of
property and | ||
improvement of the District.
Relocation assistance shall not be | ||
less than provided under the federal Uniform
Relocation | ||
Assistance and Real Property Acquisition Policies Act of 1970 | ||
and
the regulations under that Act, including the eligibility | ||
criteria. Relocation
assistance may include assistance with | ||
the moving of a residential unit to a
new location. The | ||
Commission shall establish a single point of contact for all
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relocation assistance under this Section. | ||
Section 35. Power to sell or lease. The Commission may | ||
sell, convey,
transfer, or lease, all at fair market value, any | ||
title or interest in real
property owned by it to any person or | ||
persons, to be used, subject to the
restrictions of this Act, | ||
for the purposes stated in Section 25, or for the
purpose of | ||
serving persons using the facilities offered within the | ||
District or
for carrying out of any aspect of the Commission's | ||
purposes as set forth in
Section 10 of this Act, subject to | ||
such restrictions as to the use of the real
property as the | ||
Commission shall determine
will carry out the purpose of this | ||
Act. To assure that the use of the
real property so sold or | ||
leased is in accordance with the provisions of
this Act, the | ||
Commission shall inquire into and satisfy itself
concerning the | ||
financial ability of the purchaser to complete the
project for | ||
which the real property is sold or leased in accordance with
a |
plan to be presented by the purchaser or lessee, which plan | ||
shall be
submitted, in writing, to the Commission. Under the | ||
plan, the purchaser or
lessee shall undertake (1) to use the | ||
land for the purposes
designated in the plan so presented; (2) | ||
to commence and complete the
construction of the buildings or | ||
other structures to be included in the
project within such | ||
periods of time as the Commission fixes as
reasonable; and (3) | ||
to comply with such other conditions as the
Commission shall | ||
determine are necessary to carry out the project.
All | ||
conveyances and leases
authorized in this Section shall be on | ||
condition that, in the event of use
for other than the purposes | ||
prescribed in this Act, or of nonuse for a
period of one year, | ||
title to the property shall revert to the
Commission. All | ||
conveyances and leases made by the Commission to
any | ||
corporation or person for the use of serving the residents or | ||
any person
using the facilities offered within the District | ||
shall be on condition
that in the event of violation of any of | ||
the restrictions as to the use
of the property as the | ||
Commission shall have determined will carry out the
purposes of | ||
this Act, that title to the property shall revert to the
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Commission. If, however, the Commission
finds that financing | ||
necessary for the acquisition or lease of any real
estate or | ||
for the construction of any building or improvement
to be used | ||
for purposes prescribed in this Act cannot be
obtained if title | ||
to the land or building or improvement is subject
to such a | ||
reverter provision, which finding shall
be made by the | ||
Commission after public hearing held pursuant to a single
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publication notice given in a secular newspaper of general | ||
circulation
in St. Clair County at least 10 days before the | ||
date of the
hearing, the notice to specify the time, place, and | ||
purpose for the
hearing, and upon that finding being made, the | ||
Commission may cause the
real property to be conveyed free of a | ||
reverter provision, provided
that at least 7 members of the | ||
Commission vote in favor thereof.
The Commission may also | ||
provide in the conveyances, leases, or other
documentation | ||
provisions for notice of such violations or default and the |
cure
thereof for the benefit of any lender or mortgagee as the | ||
Commission shall
determine are appropriate. If, at a regularly | ||
scheduled meeting, the Commission
resolves that a parcel of | ||
real estate leased by it, or in which it has sold the
fee | ||
simple title or any lesser estate, is not being used for the | ||
purposes
prescribed in this Act or has been in nonuse for a | ||
period of one year, the
Commission may file a lawsuit in the | ||
circuit court of St. Clair County
to enforce the terms of the | ||
sale or lease. If
a reverter of title to any property is | ||
ordered by the court under
the terms of this Act, the interest | ||
of the Commission shall be subject to any
then existing valid | ||
mortgage or trust deed in the nature of a mortgage, but if
the | ||
title is acquired through foreclosure of that mortgage or trust | ||
deed
or by deed in lieu of foreclosure of that mortgage or | ||
trust deed, then the
title to the property shall not revert, | ||
but shall be subject to the
restrictions as to use, but not any | ||
penalty for nonuse, contained in this Act
with respect to any | ||
mortgagee in possession or its successor or assigns.
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No conveyance of real property shall be executed by the | ||
Commission
without the prior written approval of the Governor.
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The Commission may not sell, convey, transfer, or lease any | ||
property pursuant
to this Section before a comprehensive master | ||
plan has been approved under
Section 65. | ||
Section 40. Notice. Before holding any public hearing | ||
prescribed
in Section 35 of this Act, or any meeting regarding | ||
the passage of any
resolution to file a lawsuit, the Commission | ||
shall give notice to the grantee
or lessee, or his or her legal | ||
representatives, successors, or assigns,
of the time and place | ||
of the proceeding. The notice shall
be accompanied by a | ||
statement signed by the Secretary of the Commission,
or by any | ||
person authorized by the Commission to sign the same, setting
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forth any act or things done or omitted to be done in | ||
violation, or
claimed to be in violation, of any restriction as | ||
to the use of the
property, whether the restriction be | ||
prescribed in any of the terms of
this Act or by any |
restriction as to the use of the property determined
by the | ||
Commission under the terms of this Act. The notice of the
time | ||
and place fixed for the proceeding shall also be given
to such | ||
person or persons as the Commission shall deem necessary. The | ||
notice
may be given by registered mail, addressed to the | ||
grantee, lessee, or
legal representatives, successors, or | ||
assigns, at the last known address
of the grantee, lessee, or | ||
legal representatives, successors, or assigns. | ||
Section 45. Rules. The Commission may adopt reasonable and
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proper rules, in accordance with the Illinois Administrative | ||
Procedure Act,
relative to the exercise of its powers, and | ||
proper rules to govern its
proceedings, to regulate the mode | ||
and manner of all hearings held by it or
at its direction, and | ||
to alter and amend those rules.
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Section 50. Official documents. Copies of all official | ||
documents, findings,
and orders of the Commission, certified by | ||
a Commissioner or by the Secretary
of the Commission to be true | ||
copies of the originals, under the
official seal of the | ||
Commission, shall be evidence in like manner as the
originals. | ||
Section 55. Judicial review. Any party may obtain a | ||
judicial review of a
final order or decision of the Commission | ||
in the circuit court of St. Clair County only under and in | ||
accordance with the provisions of the Administrative
Review Law | ||
and the rules adopted under that Law. The circuit court shall | ||
take
judicial notice of all the rules of practice and procedure | ||
of the Commission. | ||
Section 60. Parks. The Commission may set apart any part of | ||
the District as
a park, except those areas owned, operated, or | ||
used for purposes authorized
under this Act by organizations or | ||
institutions engaged in the delivery or
conduct of health care | ||
services, education, or research, and may construct,
control, | ||
and maintain the same or may provide by
contract with the East |
St. Louis Park District or the City of East St. Louis for the
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construction, control, and maintenance of any area within the | ||
District set
apart as a park. | ||
Section 65. Master plan; improvement and management of | ||
District. The
Commission shall prepare and approve a | ||
comprehensive master plan for the
orderly development and | ||
management of all property within the District.
The master | ||
plan, and any amendment to the master plan, shall not take | ||
effect,
however, until it has been approved by the advisory | ||
council
and the East St. Louis city council. The
Commission | ||
shall take the actions permitted to be taken by it under this | ||
Act as
it may determine are appropriate to provide conditions | ||
most favorable for the
special care and treatment of the sick | ||
and injured and for the study of disease
and for any other | ||
purpose in Section 25 of this Act. In the master plan, the
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Commission may provide for shared services and facilities | ||
within the District
for the accredited schools of medicine and | ||
the licensed non-profit acute care
hospitals within the | ||
District. | ||
Section 70. Advisory Council. The Commission must | ||
establish an advisory
council consisting of 2 representatives, | ||
appointed for one-year terms by the
Mayor of East St. Louis, of | ||
each recognized neighborhood
organization that the Mayor | ||
determines has a legitimate interest in the
development and | ||
improvement of the District.
There is no limit on the number of | ||
terms to which a person may be appointed as
a
member.
The | ||
advisory council shall review and make
recommendations to the | ||
Commission with respect to the comprehensive master plan
to be | ||
adopted by the Commission. The advisory council may fulfill | ||
such other
responsibilities as the Commission may request
in | ||
furtherance of the purposes of this Act. The advisory council | ||
shall meet at
the call of the President of the Commission and | ||
shall conduct its affairs in
accordance with the rules that the | ||
Commission may adopt from
time to time for the governance and |
operation of the advisory council. | ||
Section 75. Public hearing. The Commission shall conduct a | ||
public hearing
prior to either acquiring through eminent domain | ||
under Section 20 of this Act
real or personal property within | ||
the District or approving under Section 70 of
this Act a | ||
comprehensive master plan. The Commission shall also conduct a
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public hearing whenever it is otherwise required by law to do | ||
so, and may
conduct a public hearing whenever it may elect to | ||
do so.
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The Commission shall conduct the public hearing called by | ||
it in accordance
with the requirements of the law mandating it, | ||
if any, or in accordance with
the provisions of this Section
if | ||
either the law mandating it is silent as to the procedures for | ||
its holding
or if the Commission elects to hold a public | ||
hearing in the absence of any law
mandating it.
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In the absence of any law, or of any procedures in any law, | ||
mandating the
holding of a public hearing, the Commission may | ||
authorize a Commissioner or
other person of legal age to | ||
conduct a hearing. The Commissioner or other
authorized person | ||
has the power to administer oaths and affirmations,
take the | ||
testimony of witnesses, take and receive the production of | ||
papers,
books, records, accounts, and documents, receive | ||
pertinent evidence, and
certify
the record of the hearing. The | ||
record of the hearing shall become part of the
Commission's | ||
record. Notice of the time, place, and purpose of the hearing
| ||
shall be given by a single publication notice in a secular | ||
newspaper of general
circulation in St. Clair County at least | ||
10 days before the date of the
hearing. | ||
Section 80. Jurisdiction. This Act shall not be construed | ||
to limit the
jurisdiction of the City of East St. Louis to | ||
territory outside the limits of the
District nor to impair any | ||
power now possessed by or hereafter granted to the
City of East | ||
St. Louis or to cities generally. Property owned by and | ||
exclusively
used by the Commission
shall be exempt from |
taxation and shall be subject to condemnation by the State
and | ||
any municipal corporation or agency of the State for any State | ||
or municipal
purpose under the provisions for the exercise of | ||
the right of eminent domain
under Article VII of the Code of | ||
Civil Procedure. | ||
Section 85. Disposition of money; income fund. All money | ||
received by the
Commission from the sale or lease
of any | ||
property, in excess of the amount expended by the Commission | ||
for
authorized purposes under this Act shall
be paid into the | ||
State treasury for deposit into the Mid-America Medical | ||
District Income Fund. The Commission is authorized to use all
| ||
money received
as rentals for the purposes of planning, | ||
acquisition, and development of
property within the District, | ||
for the operation, maintenance, and
improvement of property of | ||
the Commission, and for all purposes and powers set
forth in | ||
this Act. All moneys held pursuant to this Section shall be
| ||
maintained in a depository approved by the State Treasurer. The | ||
Auditor General
shall, at least biennially, audit or cause to | ||
be audited all records and
accounts of the Commission | ||
pertaining to the operation of the District. | ||
Section 90. Attorney General. The Attorney General of the | ||
State of Illinois
is the legal advisor to the Commission and | ||
shall prosecute or defend, as the
case may be, all actions | ||
brought by or against the Commission. | ||
Section 905. The State Finance Act is amended by adding | ||
Section 5.663 as follows: | ||
(30 ILCS 105/5.663 new) | ||
Sec. 5.663. The Mid-America Medical District Income Fund. |