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Public Act 91-0147
SB430 Enrolled LRB9101099WHdv
AN ACT to amend the Illinois Municipal Code by adding
Section 11-90-6 and re-enacting Section 11-90-5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Section 11-90-6 as follows:
(65 ILCS 5/11-90-6 new)
Sec. 11-90-6. Continuation of Section 11-90-5;
validation.
(a) The General Assembly finds and declares that:
(1) When Section 11-90-5 was originally added to
this Code by Public Act 89-699, effective January 16,
1997, it included a provision that repealed the Section
on June 30, 1998.
(2) House Bill 2746 of the 90th General Assembly
included a provision that amended Section 11-90-5 of this
Code to make that Section's repeal date June 30, 1999.
House Bill 2746 passed both houses on May 19, 1998. House
Bill 2746 provided that the changes to Section 11-90-5 of
this Code took effect upon becoming law. House Bill 2746
was sent to the Governor on June 17, 1998. House Bill
2746 was not approved by the Governor until August 14,
1998. House Bill 2746 became Public Act 90-755.
(3) The Statute on Statutes sets forth general
rules on the repeal of statutes, but Section 1 of that
Act also states that these rules will not be observed
when the result would be "inconsistent with the manifest
intent of the General Assembly or repugnant to the
context of the statute".
(4) The actions of the General Assembly clearly
manifest the intention of the General Assembly to change
the repeal date of Section 11-90-5 of this Code to June
30, 1999.
(5) Any construction of Section 11-90-5 of this
Code that results in the repeal of that Section on June
30, 1998 would be inconsistent with the manifest intent
of the General Assembly.
(b) It is hereby declared to have been the intent of the
General Assembly, in enacting Public Act 90-755, that Section
11-90-5 of this Code be changed to make September 30, 1999
the repeal date of Section 11-90-5 of this Code, and that
Section 11-90-5 of this Code therefore not be subject to
repeal on June 30, 1998.
(c) Section 11-90-5 of this Code shall be deemed to have
been in continuous effect since the effective date of Public
Act 89-699, and it shall continue to be in effect until it is
otherwise repealed.
(d) All actions taken in reliance on or pursuant to
Section 11-90-5 of this Code by any officer or agency of
State government or any other person or entity are validated.
(e) To ensure the continuing effectiveness of Section
11-90-5 of this Code, it is set forth in full and re-enacted
by this amendatory Act. This re-enactment is intended as a
continuation of that Section. It is not intended to
supersede any amendment to that Section that is enacted by
the General Assembly.
(f) Section 11-90-5 of this Code applies to all claims,
civil actions, and proceedings pending on or filed on,
before, or after the effective date of this amendatory Act.
(g) This Section is repealed on September 30, 1999.
Section 10. Section 11-90-5 of the Illinois Municipal
Code is re-enacted as follows:
(65 ILCS 5/11-90-5)
Sec. 11-90-5. The Capital City Railroad Relocation
Authority; transfer of property and powers.
(a) Effective December 31, 1996:
(1) All of the property still vested in the Capital
City Railroad Relocation Authority on that date for
Useable Segment 3 shall thereupon vest in the City of
Springfield, which shall have the power to sell,
transfer, exchange, or assign that property as it shall
deem appropriate, subject to the agreements that the
Authority had entered into with respect to that property;
and
(2) All of the statutory powers and duties,
including but not limited to the power to acquire
property exchanged by the railroads for the railroad
right-of-way acquired by the Authority and to sell,
transfer, exchange, or assign property as it shall deem
appropriate, which the Authority had to implement the
agreements that it entered into for Useable Segment 3,
are transferred to the City of Springfield only for
implementation of those agreements and subject to them.
(b) Once the City of Springfield has completed
transactions required to perform the agreements referred to
in subdivisions (1) and (2) of subsection (a), its powers and
duties under this Section shall terminate.
(c) The City of Springfield shall obtain a certified
copy of the portions of this amendatory Act of 1996
containing the title, the enacting clause, the effective
date, and this Section and the appropriate land descriptions
of property to be transferred within 60 days after its
effective date and shall record the certified document in the
Recorder's Office of Sangamon County.
(d) If this Section takes effect after December 31,
1996, then its provisions apply retrospectively from December
31, 1996.
(e) This Section is repealed on September 30, 1999.
(Source: P.A. 89-699, eff. 1-16-97; 90-755, eff. 8-14-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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