Bill Amendment: IL HB3434 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIBRARIES-FINANCIAL REPORTS
Status: 2016-01-03 - Rule 19(b) / Re-referred to Rules Committee [HB3434 Detail]
Download: Illinois-2015-HB3434-Senate_Amendment_002.html
Bill Title: LIBRARIES-FINANCIAL REPORTS
Status: 2016-01-03 - Rule 19(b) / Re-referred to Rules Committee [HB3434 Detail]
Download: Illinois-2015-HB3434-Senate_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 3434
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| 2 | AMENDMENT NO. ______. Amend House Bill 3434 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Upper Illinois River Valley Development | ||||||
| 5 | Authority Act is amended by changing Sections 4 and 7 as | ||||||
| 6 | follows:
| ||||||
| 7 | (70 ILCS 530/4) (from Ch. 85, par. 7154)
| ||||||
| 8 | Sec. 4. Establishment.
| ||||||
| 9 | (a) There is hereby created a political
subdivision, body | ||||||
| 10 | politic and municipal corporation named the Upper
Illinois | ||||||
| 11 | River Valley Development Authority. The territorial | ||||||
| 12 | jurisdiction
of the Authority is that geographic area within | ||||||
| 13 | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
| ||||||
| 14 | Kane, Lake, McHenry,
and Marshall counties in the State of
| ||||||
| 15 | Illinois and
any navigable waters and air space located | ||||||
| 16 | therein.
| ||||||
| |||||||
| |||||||
| 1 | (b) The governing and administrative powers of the | ||||||
| 2 | Authority shall be
vested in a body consisting of 21 20 members | ||||||
| 3 | including, as ex officio
members,
the Director of Commerce and | ||||||
| 4 | Economic Opportunity, or his or her
designee, and the Director | ||||||
| 5 | of the Department of Central Management Services,
or his or her | ||||||
| 6 | designee. The other 19 18 members of the Authority shall
be
| ||||||
| 7 | designated "public members", 10 of whom shall be appointed by | ||||||
| 8 | the
Governor
with the advice and consent of the Senate and 9 8 | ||||||
| 9 | of whom shall be
appointed
one each by the county board | ||||||
| 10 | chairmen of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, | ||||||
| 11 | Lake, McHenry,
and Marshall counties. All public members shall | ||||||
| 12 | reside within the
territorial jurisdiction of this Act. Eleven | ||||||
| 13 | members shall
constitute a
quorum. The public members shall be | ||||||
| 14 | persons of recognized ability and
experience in one or more of | ||||||
| 15 | the following areas: economic development,
finance, banking, | ||||||
| 16 | industrial development, small business management, real
estate | ||||||
| 17 | development, community development, venture finance, organized | ||||||
| 18 | labor
or civic, community or neighborhood organization. The | ||||||
| 19 | Chairman of the
Authority shall be elected by the Board | ||||||
| 20 | annually from the 9 8 members
appointed by the county board | ||||||
| 21 | chairmen.
| ||||||
| 22 | (c) The terms of all initial members of the Authority shall | ||||||
| 23 | begin 30
days after
the effective date of this Act. Of the 14 | ||||||
| 24 | public members appointed
pursuant to this Act, 4 appointed by | ||||||
| 25 | the Governor shall serve until the
third Monday in January, | ||||||
| 26 | 1992, 4 appointed by the Governor shall serve
until the third | ||||||
| |||||||
| |||||||
| 1 | Monday in January, 1993, one appointed by the Governor
shall | ||||||
| 2 | serve until the third Monday in January, 1994, one appointed by | ||||||
| 3 | the
Governor shall serve until the third Monday in January | ||||||
| 4 | 1999, the member
appointed by the county board chairman of | ||||||
| 5 | LaSalle County shall serve until the
third Monday in January, | ||||||
| 6 | 1992, the members appointed by the county
board
chairmen of | ||||||
| 7 | Grundy County, Bureau County, Putnam County, and Marshall
| ||||||
| 8 | County shall serve until the third Monday in January, 1994, and | ||||||
| 9 | the
member appointed by the county board chairman of Kendall | ||||||
| 10 | County
shall serve until the third Monday in January, 1999.
The | ||||||
| 11 | initial members appointed by the chairmen of the county boards
| ||||||
| 12 | of Kane and McHenry counties shall serve until
the third Monday | ||||||
| 13 | in January, 2003. The initial members appointed by the chairman | ||||||
| 14 | of the county board
of Lake County shall serve until
the third | ||||||
| 15 | Monday in January, 2018.
All successors shall be
appointed by | ||||||
| 16 | the original appointing authority and hold office for a term
of | ||||||
| 17 | 3 years commencing the third Monday in January of the year in | ||||||
| 18 | which
their term commences, except in case of an appointment to | ||||||
| 19 | fill a vacancy.
Vacancies occurring among the public members | ||||||
| 20 | shall be filled for the
remainder of the term. In case of | ||||||
| 21 | vacancy in a Governor-appointed
membership when the Senate is | ||||||
| 22 | not in session, the Governor may make a
temporary appointment | ||||||
| 23 | until the next meeting of the Senate when a person
shall be | ||||||
| 24 | nominated to fill such office, and any person so nominated who | ||||||
| 25 | is
confirmed by the Senate shall hold office during the | ||||||
| 26 | remainder of the term
and until a successor shall be appointed | ||||||
| |||||||
| |||||||
| 1 | and qualified. Members of the
Authority shall not be entitled | ||||||
| 2 | to compensation for their services as
members but shall be | ||||||
| 3 | entitled to reimbursement for all necessary expenses
incurred | ||||||
| 4 | in connection with the performance of their duties as members.
| ||||||
| 5 | (d) The Governor may remove any public member of the | ||||||
| 6 | Authority in case
of incompetency, neglect of duty, or | ||||||
| 7 | malfeasance in office.
| ||||||
| 8 | (e) The Board shall appoint an Executive Director who shall | ||||||
| 9 | have a
background in finance, including familiarity with the | ||||||
| 10 | legal and
procedural requirements of issuing bonds, real estate | ||||||
| 11 | or economic
development and administration. The Executive | ||||||
| 12 | Director shall hold office
at the discretion of the Board. The | ||||||
| 13 | Executive Director shall be the chief
administrative and | ||||||
| 14 | operational officer of the Authority, shall direct
and | ||||||
| 15 | supervise its administrative affairs and general management, | ||||||
| 16 | shall perform
such other duties as may be prescribed from time | ||||||
| 17 | to time by the members and
shall receive compensation fixed by | ||||||
| 18 | the Authority. The Executive Director
shall attend all meetings | ||||||
| 19 | of the Authority; however, no action of the
Authority shall be | ||||||
| 20 | invalid on account of the absence of the Executive
Director | ||||||
| 21 | from a meeting. The Authority may engage the services of such
| ||||||
| 22 | other agents and employees, including attorneys, appraisers, | ||||||
| 23 | engineers,
accountants, credit analysts and other consultants, | ||||||
| 24 | as it may deem
advisable and may prescribe their duties and fix | ||||||
| 25 | their compensation.
| ||||||
| 26 | (f) The Board may, by majority vote, nominate up to 4 | ||||||
| |||||||
| |||||||
| 1 | non-voting members
for appointment by the Governor. Non-voting | ||||||
| 2 | members shall be persons of
recognized ability and experience | ||||||
| 3 | in one or more of the following areas:
economic development, | ||||||
| 4 | finance, banking, industrial development, small
business | ||||||
| 5 | management, real estate development, community development,
| ||||||
| 6 | venture finance, organized labor or civic, community or | ||||||
| 7 | neighborhood
organization. Non-voting members shall serve at | ||||||
| 8 | the pleasure of the Board.
All non-voting members may attend | ||||||
| 9 | meetings of the Board and shall be
reimbursed as provided in | ||||||
| 10 | subsection (c).
| ||||||
| 11 | (g) The Board shall create a task force to study and make
| ||||||
| 12 | recommendations to the Board on the economic development of the | ||||||
| 13 | territory
within the jurisdiction of this Act. The members of | ||||||
| 14 | the task force shall
reside within the territorial jurisdiction | ||||||
| 15 | of this Act, shall serve at the
pleasure of the Board and shall | ||||||
| 16 | be persons of recognized ability and
experience in one or more | ||||||
| 17 | of the following areas: economic development,
finance, | ||||||
| 18 | banking, industrial development, small business management, | ||||||
| 19 | real
estate development, community development, venture | ||||||
| 20 | finance, organized labor
or civic, community or neighborhood | ||||||
| 21 | organization. The number of members
constituting the task force | ||||||
| 22 | shall be set by the Board and may vary from
time to time. The | ||||||
| 23 | Board may set a specific date by which the task force is
to | ||||||
| 24 | submit its final report and recommendations to the Board.
| ||||||
| 25 | (Source: P.A. 94-793, eff. 5-19-06.)
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| |||||||
| 1 | (70 ILCS 530/7) (from Ch. 85, par. 7157)
| ||||||
| 2 | Sec. 7. Bonds.
| ||||||
| 3 | (a) The Authority, with the written approval of the
| ||||||
| 4 | Governor, shall have the continuing power to issue bonds, | ||||||
| 5 | notes, or other
evidences of indebtedness in an aggregate | ||||||
| 6 | amount outstanding not to exceed $500,000,000
for the purpose | ||||||
| 7 | of developing, constructing, acquiring or improving
projects, | ||||||
| 8 | including those established by business entities locating or
| ||||||
| 9 | expanding property within the territorial jurisdiction of the | ||||||
| 10 | Authority,
for entering into venture capital agreements with | ||||||
| 11 | businesses locating or
expanding within the territorial | ||||||
| 12 | jurisdiction of the Authority, for
acquiring and improving any | ||||||
| 13 | property necessary and useful in connection
therewith and for | ||||||
| 14 | the purposes of the Employee Ownership Assistance Act.
For the | ||||||
| 15 | purpose of evidencing the obligations of the Authority to repay | ||||||
| 16 | any
money borrowed, the Authority may, pursuant to resolution, | ||||||
| 17 | from time to
time issue and dispose of its interest bearing | ||||||
| 18 | revenue bonds, notes or
other evidences of indebtedness and may | ||||||
| 19 | also from time to time issue and
dispose of such bonds, notes | ||||||
| 20 | or other evidences of indebtedness to refund,
at maturity, at a | ||||||
| 21 | redemption date or in advance of either, any bonds, notes
or | ||||||
| 22 | other evidences of indebtedness pursuant to redemption | ||||||
| 23 | provisions or at
any time before maturity. All such bonds, | ||||||
| 24 | notes or other evidences of
indebtedness shall be payable | ||||||
| 25 | solely and only from the revenues or income
to be derived from | ||||||
| 26 | loans made with respect to projects, from the leasing or
sale | ||||||
| |||||||
| |||||||
| 1 | of the projects or from any other funds available to the | ||||||
| 2 | Authority for
such purposes. The bonds, notes or other | ||||||
| 3 | evidences of indebtedness may
bear such date or dates, may | ||||||
| 4 | mature at such time or times not exceeding 40
years from their | ||||||
| 5 | respective dates, may bear interest at such rate or rates
not | ||||||
| 6 | exceeding the maximum rate permitted by "An Act to authorize | ||||||
| 7 | public
corporations to issue bonds, other evidences of | ||||||
| 8 | indebtedness and tax
anticipation warrants subject to interest | ||||||
| 9 | rate limitations set forth
therein", approved May 26, 1970, as | ||||||
| 10 | amended, may be in such form, may carry
such registration | ||||||
| 11 | privileges, may be executed in such manner, may be
payable at | ||||||
| 12 | such place or places, may be made subject to redemption in such
| ||||||
| 13 | manner and upon such terms, with or without premium as is | ||||||
| 14 | stated on the
face thereof, may be authenticated in such manner | ||||||
| 15 | and may contain such
terms and covenants as may be provided by | ||||||
| 16 | an applicable resolution.
| ||||||
| 17 | (b-1) The holder or holders of any bonds, notes or other | ||||||
| 18 | evidences of
indebtedness issued by the Authority may bring | ||||||
| 19 | suits at law or proceedings
in equity to compel the performance | ||||||
| 20 | and observance by any corporation or
person or by the Authority | ||||||
| 21 | or any of its agents or employees of any
contract or covenant | ||||||
| 22 | made with the holders of such bonds, notes or other
evidences | ||||||
| 23 | of indebtedness, to compel such corporation, person, the
| ||||||
| 24 | Authority and any of its agents or employees to perform any | ||||||
| 25 | duties required
to be performed for the benefit of the holders | ||||||
| 26 | of any such bonds, notes or
other evidences of indebtedness by | ||||||
| |||||||
| |||||||
| 1 | the provision of the resolution
authorizing their issuance and | ||||||
| 2 | to enjoin such corporation, person, the
Authority and any of | ||||||
| 3 | its agents or employees from taking any action in
conflict with | ||||||
| 4 | any such contract or covenant.
| ||||||
| 5 | (b-2) If the Authority fails to pay the principal of or | ||||||
| 6 | interest on any
of the bonds or premium, if any, as the same | ||||||
| 7 | become due, a civil action to
compel payment may be instituted | ||||||
| 8 | in the appropriate circuit court by the
holder or holders of | ||||||
| 9 | the bonds on which such default of payment exists or
by an | ||||||
| 10 | indenture trustee acting on behalf of such holders. Delivery of | ||||||
| 11 | a
summons and a copy of the complaint to the Chairman of the | ||||||
| 12 | Board shall
constitute sufficient service to give the circuit | ||||||
| 13 | court jurisdiction of the
subject matter of such a suit and | ||||||
| 14 | jurisdiction over the Authority and its
officers named as | ||||||
| 15 | defendants for the purpose of compelling such payment.
Any | ||||||
| 16 | case, controversy or cause of action concerning the validity of | ||||||
| 17 | this Act
relates to the revenue of the State of Illinois.
| ||||||
| 18 | (c) Notwithstanding the form and tenor of any such bonds, | ||||||
| 19 | notes or other
evidences of indebtedness and in the absence of | ||||||
| 20 | any express recital on the
face thereof that it is | ||||||
| 21 | non-negotiable, all such bonds, notes and other
evidences of | ||||||
| 22 | indebtedness shall be negotiable instruments. Pending the
| ||||||
| 23 | preparation and execution of any such bonds, notes or other | ||||||
| 24 | evidences of
indebtedness, temporary bonds, notes or evidences | ||||||
| 25 | of indebtedness may be
issued as provided by ordinance.
| ||||||
| 26 | (d) To secure the payment of any or all of such bonds, | ||||||
| |||||||
| |||||||
| 1 | notes or other
evidences of indebtedness, the revenues to be | ||||||
| 2 | received by the Authority from
a lease agreement or loan | ||||||
| 3 | agreement shall be pledged, and, for the purpose
of setting | ||||||
| 4 | forth the covenants and undertakings of the Authority in
| ||||||
| 5 | connection with the issuance thereof and the issuance of any | ||||||
| 6 | additional
bonds, notes or other evidences of indebtedness | ||||||
| 7 | payable from such revenues,
income or other funds to be derived | ||||||
| 8 | from projects, the Authority may
execute and deliver a mortgage | ||||||
| 9 | or trust agreement. A remedy for any breach
or default of the | ||||||
| 10 | terms of any such mortgage or trust agreement by the
Authority | ||||||
| 11 | may be by mandamus proceedings in the appropriate circuit court
| ||||||
| 12 | to compel the performance and compliance therewith, but the | ||||||
| 13 | trust agreement
may prescribe by whom or on whose behalf such | ||||||
| 14 | action may be instituted.
| ||||||
| 15 | (e) Such bonds or notes shall be secured as provided in the | ||||||
| 16 | authorizing
ordinance which may, notwithstanding any other | ||||||
| 17 | provision of this Act,
include in addition to any other | ||||||
| 18 | security a specific pledge or assignment
of and lien on or | ||||||
| 19 | security interest in any or all revenues or money of the
| ||||||
| 20 | Authority from whatever source which may by law be used for | ||||||
| 21 | debt
service purposes and a specific pledge or assignment of | ||||||
| 22 | and lien on or
security interest in any funds or accounts | ||||||
| 23 | established or provided for by
ordinance of the Authority | ||||||
| 24 | authorizing the issuance of such bonds or notes.
| ||||||
| 25 | (f) (Blank). In the event that the Authority determines | ||||||
| 26 | that monies of the
Authority will not be sufficient for the | ||||||
| |||||||
| |||||||
| 1 | payment of the principal of and
interest on its bonds during | ||||||
| 2 | the next State fiscal year, the
Chairman, as soon as | ||||||
| 3 | practicable, shall certify to the Governor the
amount required | ||||||
| 4 | by the Authority to enable
it to pay such principal of and | ||||||
| 5 | interest on the bonds.
The Governor shall submit the amount so | ||||||
| 6 | certified to the General Assembly
as soon as practicable, but | ||||||
| 7 | no later than the end of the current State fiscal
year. This | ||||||
| 8 | Section shall
not apply to any bonds or notes as to which the
| ||||||
| 9 | Authority shall have determined, in the resolution authorizing | ||||||
| 10 | the issuance
of the bonds or notes, that this Section shall not | ||||||
| 11 | apply. Whenever the
Authority makes such a determination, that | ||||||
| 12 | fact shall be plainly stated on
the face of the bonds or notes | ||||||
| 13 | and that fact shall also be reported to the Governor.
| ||||||
| 14 | In the event of a withdrawal of moneys from a reserve fund | ||||||
| 15 | established
with respect to any issue or issues of bonds of the | ||||||
| 16 | Authority to pay
principal or interest on those bonds, the | ||||||
| 17 | Chairman of the Authority, as
soon as practicable, shall | ||||||
| 18 | certify to the Governor the amount required
to restore the | ||||||
| 19 | reserve fund to the level required in the
resolution or | ||||||
| 20 | indenture securing those bonds.
The Governor shall submit the | ||||||
| 21 | amount so certified to the General Assembly
as soon as | ||||||
| 22 | practicable, but no later than the end of the current State | ||||||
| 23 | fiscal year. This subsection (f) shall not apply to any bond | ||||||
| 24 | issued on or after the effective date of this amendatory Act of | ||||||
| 25 | the 97th General Assembly.
| ||||||
| 26 | (g) The State of Illinois pledges to and agrees with the | ||||||
| |||||||
| |||||||
| 1 | holders of the
bonds and notes of the Authority issued pursuant | ||||||
| 2 | to this Section that the
State will not limit or alter the | ||||||
| 3 | rights and powers vested in the Authority
by this Act so as to | ||||||
| 4 | impair the terms of any contract made by the Authority
with | ||||||
| 5 | such holders or in any way impair the rights and remedies of | ||||||
| 6 | such
holders until such bonds and notes, together with interest | ||||||
| 7 | thereon, with
interest on any unpaid installments of interest, | ||||||
| 8 | and all costs and expenses
in connection with any action or | ||||||
| 9 | proceedings by or on behalf of such
holders, are fully met and | ||||||
| 10 | discharged. In addition, the State pledges to
and agrees with | ||||||
| 11 | the holders of the bonds and notes of the Authority issued
| ||||||
| 12 | pursuant to this Section that the State will not limit or alter | ||||||
| 13 | the basis
on which State funds are to be paid to the Authority | ||||||
| 14 | as provided in this
Act, or the use of such funds, so as to | ||||||
| 15 | impair the terms of any such
contract. The Authority is | ||||||
| 16 | authorized to include these pledges and
agreements of the State | ||||||
| 17 | in any contract with the holders of bonds or notes
issued | ||||||
| 18 | pursuant to this Section.
| ||||||
| 19 | (h) (Blank).
| ||||||
| 20 | (Source: P.A. 97-312, eff. 8-11-11; 98-750, eff. 1-1-15.)
| ||||||
| 21 | Section 10. The Kaskaskia Regional Port District Act is | ||||||
| 22 | amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as | ||||||
| 23 | follows:
| ||||||
| 24 | (70 ILCS 1830/1.1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1.1. Purpose. The General Assembly declares that the | ||||||
| 2 | main purpose of
this
Act is to
promote industrial, commercial, | ||||||
| 3 | transportation, homeland security, recreation, water supply, | ||||||
| 4 | flood control, and economic activities
thereby reducing
the | ||||||
| 5 | evils attendant upon unemployment and enhancing the public | ||||||
| 6 | health, safety, and
welfare of
this State.
| ||||||
| 7 | (Source: P.A. 90-785, eff. 1-1-99.)
| ||||||
| 8 | (70 ILCS 1830/3) (from Ch. 19, par. 503)
| ||||||
| 9 | Sec. 3.
There is created a political subdivision body | ||||||
| 10 | politic and
municipal corporation, named "Kaskaskia Regional | ||||||
| 11 | Port District"
embracing all of Monroe and Randolph Counties | ||||||
| 12 | and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, | ||||||
| 13 | Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and | ||||||
| 14 | Lenzburg Townships of St. Clair County. The
Port District may | ||||||
| 15 | sue and be sued in its corporate name but execution
shall not | ||||||
| 16 | in any case issue against any property owned by the Port
| ||||||
| 17 | District except for Port District property that the Port | ||||||
| 18 | District pledged as collateral to a bank or other financial | ||||||
| 19 | institution to secure a bank loan. It may adopt a common seal | ||||||
| 20 | and change the same at pleasure.
The principal office of the | ||||||
| 21 | Port District shall be in the city of Red Bud
Chester, | ||||||
| 22 | Illinois.
| ||||||
| 23 | No rights, duties or privileges of such District, or those | ||||||
| 24 | of any
person, existing before the change of name shall be | ||||||
| 25 | affected by the
change provided by this amendatory Act of 1967. | ||||||
| |||||||
| |||||||
| 1 | All proceedings pending
in any court in favor of or against | ||||||
| 2 | such District may continue to final
consummation under the name | ||||||
| 3 | in which they were commenced.
| ||||||
| 4 | (Source: P.A. 80-1495.)
| ||||||
| 5 | (70 ILCS 1830/6) (from Ch. 19, par. 506)
| ||||||
| 6 | Sec. 6. The Port District has the following functions, | ||||||
| 7 | powers and duties:
| ||||||
| 8 | (a) to study the existing harbor facilities within the area | ||||||
| 9 | of the Port
District and to recommend to an appropriate | ||||||
| 10 | governmental agency, including
the General Assembly of | ||||||
| 11 | Illinois, such changes and modifications as may
from time to | ||||||
| 12 | time be required for continuing development therein and to
meet | ||||||
| 13 | changing business and commercial needs;
| ||||||
| 14 | (b) to make an investigation of conditions within the Port | ||||||
| 15 | District and to
prepare and adopt a comprehensive plan for the | ||||||
| 16 | development of port
facilities for the Port District. In | ||||||
| 17 | preparing and recommending changes and
modifications in | ||||||
| 18 | existing harbor facilities, or a comprehensive plan for
the | ||||||
| 19 | development of such port facilities, as above provided, the | ||||||
| 20 | Port
District if it deems desirable may set aside and allocate | ||||||
| 21 | an area or areas,
within the lands owned by it, to be leased to | ||||||
| 22 | private parties for
industrial, manufacturing, commercial, or | ||||||
| 23 | harbor purposes, where such area
or areas in the opinion of the | ||||||
| 24 | Board, are not required for primary purposes
in the development | ||||||
| 25 | of harbor and port facilities for the use of public
water and | ||||||
| |||||||
| |||||||
| 1 | land transportation, or will not be needed immediately for such
| ||||||
| 2 | purposes, and where such leasing in the opinion of the Board | ||||||
| 3 | will aid and
promote the development of terminal and port | ||||||
| 4 | facilities;
| ||||||
| 5 | (c) to study and make recommendations to the proper | ||||||
| 6 | authority for the
improvement of terminal, lighterage, | ||||||
| 7 | wharfage, warehousing, anchorage,
transfer and other | ||||||
| 8 | facilities necessary for the promotion of commerce and
the | ||||||
| 9 | interchange of traffic within, to and from the Port District;
| ||||||
| 10 | (d) to study, prepare and recommend by specific proposals | ||||||
| 11 | to the General
Assembly of Illinois changes in the jurisdiction | ||||||
| 12 | of the Port District;
| ||||||
| 13 | (e) to petition any federal, state, municipal or local | ||||||
| 14 | authority,
administrative, judicial and legislative, having | ||||||
| 15 | jurisdiction in the
premises, for the adoption and execution of | ||||||
| 16 | any physical improvement,
change in method, system of handling | ||||||
| 17 | freight, warehousing, docking,
lightering and transfer of | ||||||
| 18 | freight, which in the opinion of the Board are
designed to | ||||||
| 19 | improve or better the handling of commerce in and through the
| ||||||
| 20 | Port District or improve terminal or transportation facilities | ||||||
| 21 | therein; and .
| ||||||
| 22 | (f) to petition any federal, state, or local authority, | ||||||
| 23 | including administrative, judicial, and legislative branches, | ||||||
| 24 | having jurisdiction for the adoption and execution of any | ||||||
| 25 | physical improvement or operation related to the management of | ||||||
| 26 | fish and wildlife, recreation, water supply, or flood control | ||||||
| |||||||
| |||||||
| 1 | which in the opinion of the Board is for the purpose of | ||||||
| 2 | improving or bettering the quality of life in the Port District | ||||||
| 3 | or add to the diversity of amenities related to that purpose. | ||||||
| 4 | (Source: Laws 1965, p. 1013.)
| ||||||
| 5 | (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
| ||||||
| 6 | Sec. 7.1. Additional rights and powers.
The Port District | ||||||
| 7 | has the following additional rights and powers:
| ||||||
| 8 | (a) To issue permits for the construction of all wharves, | ||||||
| 9 | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | ||||||
| 10 | jetties, bridges or other
structures of any kind, over, under, | ||||||
| 11 | in, or within 40 feet of any navigable
waters within the Port | ||||||
| 12 | District, for the deposit of rock, earth, sand or
other | ||||||
| 13 | material, or any matter of any kind or description in such | ||||||
| 14 | waters;
| ||||||
| 15 | (b) To prevent and remove obstructions in navigable waters, | ||||||
| 16 | including
the removal of wrecks or vessels; to recover damages, | ||||||
| 17 | including attorney fees, for the removal and clean-up of the | ||||||
| 18 | site or sites and the surrounding or downstream environment; | ||||||
| 19 | these rights and powers shall include, but are not limited to, | ||||||
| 20 | emergency powers to seize wrecks or vessels, remediate damages, | ||||||
| 21 | and provide for the disposition of the wrecks or vessels;
| ||||||
| 22 | (c) To locate and establish dock lines and shore or harbor | ||||||
| 23 | lines;
| ||||||
| 24 | (d) To regulate the anchorage, moorage and speed of water | ||||||
| 25 | borne vessels
and to establish and enforce regulations for the | ||||||
| |||||||
| |||||||
| 1 | operation of bridges;
| ||||||
| 2 | (e) To acquire, own, construct, lease, operate and maintain | ||||||
| 3 | terminals,
terminal facilities, port facilities, | ||||||
| 4 | transportation equipment facilities,
railroads and marinas, | ||||||
| 5 | and airport facilities
and systems, and to fix and collect | ||||||
| 6 | just, reasonable, and
non-discriminatory charges for use of | ||||||
| 7 | such facilities, equipment and
systems. The charges so | ||||||
| 8 | collected shall be used to defray the reasonable
expenses of | ||||||
| 9 | the Port District, and to pay the principal of and interest on
| ||||||
| 10 | any revenue bonds issued by the Port District;
| ||||||
| 11 | (f) To operate, maintain, manage, lease, sub-lease, and to | ||||||
| 12 | make and
enter into contracts for the use, operation or | ||||||
| 13 | management of, and to
provide rules and regulations for, the | ||||||
| 14 | operation, management or use of, any
public port or public port | ||||||
| 15 | facility;
| ||||||
| 16 | (g) To fix, charge and collect reasonable rentals, tolls, | ||||||
| 17 | fees and
charges for the use of any public port, or any part | ||||||
| 18 | thereof, or any public
port facility;
| ||||||
| 19 | (h) To establish, maintain, expand and improve roadways, | ||||||
| 20 | railroads, and
approaches by land, or water, to any such | ||||||
| 21 | terminal, terminal facility and
port facilities, and to | ||||||
| 22 | contract or otherwise provide by condemnation, if
necessary, | ||||||
| 23 | for the removal of any port, terminal, terminal facilities and
| ||||||
| 24 | port facility hazards or the removal or relocation of all | ||||||
| 25 | private
structures, railroads, mains, pipes, conduits, wires, | ||||||
| 26 | poles, and all other
facilities and equipment which may | ||||||
| |||||||
| |||||||
| 1 | interfere with the location, expansion,
development or | ||||||
| 2 | improvement of ports, terminals, terminal facilities and
port | ||||||
| 3 | facilities or with the safe approach thereto, or exit or | ||||||
| 4 | takeoff
therefrom by vehicles, vessels, barges and other means | ||||||
| 5 | of transportation,
and to pay the cost of removal or | ||||||
| 6 | relocation;
| ||||||
| 7 | (i) To police its physical property only and all waterways | ||||||
| 8 | and to
exercise police powers in respect thereto or in respect | ||||||
| 9 | to the enforcement
of any rule or regulation provided by the | ||||||
| 10 | ordinances of the District and to
employ and commission police | ||||||
| 11 | officers and other qualified persons to
enforce such rules and | ||||||
| 12 | regulations. A regulatory ordinance of the District
adopted | ||||||
| 13 | under any provisions of this Section may provide for a | ||||||
| 14 | suspension
or revocation of any rights or privileges within the | ||||||
| 15 | control of the
District for a violation of any such regulatory | ||||||
| 16 | ordinance.
| ||||||
| 17 | (j) To enter into agreements with the corporate authorities | ||||||
| 18 | or governing
body of any other municipal corporation or any | ||||||
| 19 | political subdivision of
this State to pay the reasonable | ||||||
| 20 | expense of services furnished by such
municipal corporation or | ||||||
| 21 | political subdivision for or on account of income
producing | ||||||
| 22 | properties of the District;
| ||||||
| 23 | (k) To enter into contracts dealing in any manner with the | ||||||
| 24 | objects and
purposes of this Act;
| ||||||
| 25 | (l) To acquire, own, lease, mortgage, sell, or otherwise | ||||||
| 26 | dispose of interests in
and to real property and improvements | ||||||
| |||||||
| |||||||
| 1 | situate thereon and in personal
property necessary to fulfill | ||||||
| 2 | the purposes of the District;
| ||||||
| 3 | (m) To designate the fiscal year for the District;
| ||||||
| 4 | (n) To engage in any activity or operation which is | ||||||
| 5 | incidental to and in
furtherance of efficient operation to | ||||||
| 6 | accomplish the District's primary
purpose;
| ||||||
| 7 | (o) To acquire, erect, construct, maintain and operate | ||||||
| 8 | aquariums,
museums, planetariums, climatrons and other | ||||||
| 9 | edifices for the collection and
display of objects pertaining | ||||||
| 10 | to natural history or the arts and sciences
and to permit the | ||||||
| 11 | directors or trustees of any corporation or society
organized | ||||||
| 12 | for the erection, construction, maintenance and operation of an
| ||||||
| 13 | aquarium, museum, planetarium, climatron or other such edifice | ||||||
| 14 | to perform
such erection, construction, maintenance and | ||||||
| 15 | operation on or within any
property now or hereafter owned by | ||||||
| 16 | or under the control or supervision of
the District; and to | ||||||
| 17 | contract with any such directors or trustees relative
to such | ||||||
| 18 | acquisition, erection, construction, maintenance and operation | ||||||
| 19 | and
to charge or authorize such directors or trustees to charge | ||||||
| 20 | an admission
fee, the proceeds of which shall be devoted | ||||||
| 21 | exclusively to such erection,
construction, maintenance and | ||||||
| 22 | operation;
| ||||||
| 23 | (p) To do any act which is enumerated in Section 11-74.1-1 | ||||||
| 24 | of the
"Illinois Municipal Code", in the same manner and form | ||||||
| 25 | as though the
District were a "municipality" as referred to in | ||||||
| 26 | such Section;
| ||||||
| |||||||
| |||||||
| 1 | (q) To acquire, erect, construct, reconstruct, improve, | ||||||
| 2 | maintain and
operate one or more, or a combination or | ||||||
| 3 | combinations of, industrial
buildings, office buildings, | ||||||
| 4 | buildings to be used as a factory, mill shops,
processing | ||||||
| 5 | plants, packaging plants, assembly plants, fabricating plants,
| ||||||
| 6 | and buildings to be used as warehouses and other storage | ||||||
| 7 | facilities.
| ||||||
| 8 | (r) To acquire, own, construct, lease or contract for any | ||||||
| 9 | period not
exceeding 99
years, operate, develop, and maintain | ||||||
| 10 | Port District water and sewage systems
and other
utility | ||||||
| 11 | systems and services, including, but not limited to, pipes, | ||||||
| 12 | mains,
lines, sewers,
pumping stations, settling tanks, | ||||||
| 13 | treatment plants, water purification
equipment, wells,
storage | ||||||
| 14 | facilities, lines, and all other equipment, material, and | ||||||
| 15 | facilities
necessary to those
systems, for the use, upon | ||||||
| 16 | payment of reasonable fee set by the District, of
any tenant,
| ||||||
| 17 | occupant, or user of the District facilities or any person | ||||||
| 18 | engaged in commerce
in the
District; provided that the District | ||||||
| 19 | shall not acquire, own, construct, lease,
operate,
develop, and | ||||||
| 20 | maintain the systems and services if those systems and
services | ||||||
| 21 | can be
provided by an investor-owned public utility offering | ||||||
| 22 | electric or gas services.
The public
utility shall provide the | ||||||
| 23 | District with a written response, within 30 days
after | ||||||
| 24 | receiving a
written request from the District for those systems | ||||||
| 25 | or services, stating
whether it will or
will not be able to | ||||||
| 26 | provide the requested systems or services in accordance
with | ||||||
| |||||||
| |||||||
| 1 | the Public
Utilities
Act.
| ||||||
| 2 | (Source: P.A. 90-785, eff. 1-1-99.)
| ||||||
| 3 | (70 ILCS 1830/14) (from Ch. 19, par. 514)
| ||||||
| 4 | Sec. 14. The District has power to acquire and accept by | ||||||
| 5 | purchase, lease,
gift, grant or otherwise any property and | ||||||
| 6 | rights useful for its purposes
and to provide for the | ||||||
| 7 | development of channels, ports, harbors, airports,
airfields, | ||||||
| 8 | terminals, port facilities, terminal facilities, trails, and | ||||||
| 9 | other
transportation facilities within the Port District | ||||||
| 10 | adequate to serve the
needs of commerce within the area served | ||||||
| 11 | by the Port District. The Port
District may acquire real or | ||||||
| 12 | personal property or any rights therein in the
manner, as near | ||||||
| 13 | as may be, as is provided for the
exercise of the right of | ||||||
| 14 | eminent domain under the Eminent Domain Act, except that no | ||||||
| 15 | property owned by any
municipality within the Port District | ||||||
| 16 | shall be taken or appropriated
without first obtaining consent | ||||||
| 17 | of the governing body of such municipality.
| ||||||
| 18 | (Source: P.A. 94-1055, eff. 1-1-07.)
| ||||||
| 19 | (70 ILCS 1830/20.2)
| ||||||
| 20 | Sec. 20.2. Authorization to borrow moneys. The District's | ||||||
| 21 | Board may borrow
money from any bank or other financial | ||||||
| 22 | institution and may provide appropriate
security, including | ||||||
| 23 | mortgaging real estate, for that borrowing, if the money is | ||||||
| 24 | repaid within 20 3 years after the
money is borrowed. | ||||||
| |||||||
| |||||||
| 1 | "Financial institution" means any bank subject to the
Illinois | ||||||
| 2 | Banking Act, any savings and loan association subject to the | ||||||
| 3 | Illinois
Savings and Loan Act of 1985, any savings bank subject | ||||||
| 4 | to the Savings Bank Act,
and any federally chartered commercial | ||||||
| 5 | bank or savings and loan association
organized and operated in | ||||||
| 6 | this State pursuant to the laws of the United States.
| ||||||
| 7 | (Source: P.A. 94-562, eff. 1-1-06.)
| ||||||
| 8 | Section 15. The Metropolitan Water Reclamation District | ||||||
| 9 | Act is amended by changing Section 308 as follows:
| ||||||
| 10 | (70 ILCS 2605/308) | ||||||
| 11 | Sec. 308. District enlarged. Upon the effective date of | ||||||
| 12 | this amendatory Act of the 99th General Assembly, the corporate | ||||||
| 13 | limits of the Metropolitan Water Reclamation District of | ||||||
| 14 | Greater Chicago are extended to include within those corporate | ||||||
| 15 | limits the following described tracts of land and the tracts | ||||||
| 16 | are hereby annexed to the District:
| ||||||
| 17 | Parcel 1: | ||||||
| 18 | THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION | ||||||
| 19 | 28, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL | ||||||
| 20 | MERIDIAN, LYING EAST OF THE EAST RIGHT OF WAY LINE OF | ||||||
| 21 | ELGIN, JOLIET AND EASTERN RAILROAD, IN COOK COUNTY, | ||||||
| 22 | ILLINOIS.
| ||||||
| |||||||
| |||||||
| 1 | Parcel 2: | ||||||
| 2 | THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP | ||||||
| 3 | 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
| 4 | (EXCEPT THEREFROM STRIP OFF THE WEST END THEREOF CONVEYED | ||||||
| 5 | TO JERMIAH H. BROWNING BY DEED RECORDED SEPTEMBER 15TH | ||||||
| 6 | 1859, AS DOCUMENT 23078 IN BOOK
162, PAGE 619, SAID STRIP | ||||||
| 7 | BEING THIRTY FOUR AND ONE HALF FEET WIDE AT NORTH END FORTY | ||||||
| 8 | TWO FEET WIDE AT SOUTH END) IN COOK COUNTY, ILLINOIS.
| ||||||
| 9 | PARCEL 3: | ||||||
| 10 | THAT PART OF HIGGINS ROAD (ILLINOIS ROUTE 72) LYING WITHIN | ||||||
| 11 | THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION | ||||||
| 12 | 33 AND THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP | ||||||
| 13 | 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
| 14 | EAST OF THE EAST RIGHT OF WAY LINE OF ELGIN, JOLIET AND | ||||||
| 15 | EASTERN RAILWAY, SOUTH OF THE NORTHERLY RIGHT OF WAY LINE | ||||||
| 16 | OF STATE ROUTE 72 PER DOCUMENT 12059405 AND AS SHOWN ON | ||||||
| 17 | PLAT OF SURVEY RECORDED AS DOCUMENT 12647596 AND NORTH OF | ||||||
| 18 | THE FOLLOWING DESCRIBED PROPERTY: STARTING AT A POINT AT | ||||||
| 19 | THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE | ||||||
| 20 | SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 | ||||||
| 21 | EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 | ||||||
| 22 | DEGREES 09 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF | ||||||
| 23 | AFORESAID NORTHWEST QUARTER, 1769.41 FEET TO A POINT ON THE | ||||||
| 24 | SOUTH RIGHT-OF-WAY LINE OF HIGGINS ROAD (STATE ROUTE 72); | ||||||
| 25 | THENCE NORTHWEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF | ||||||
| |||||||
| |||||||
| 1 | HIGGINS ROAD, NORTH 69 DEGREES 18 MINUTES 06 SECONDS WEST, | ||||||
| 2 | 1821.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF ELGIN, | ||||||
| 3 | JOLIET AND EASTERN RAILWAY; THENCE SOUTH 10 DEGREES 55 | ||||||
| 4 | MINUTES 12 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY | ||||||
| 5 | LINE, 1122. 49 FEET TO A POINT ON THE SOUTH LINE OF THE | ||||||
| 6 | NORTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89 DEGREES 57 | ||||||
| 7 | MINUTES 40 SECONDS EAST, 695.32 FEET; THENCE SOUTH 01 | ||||||
| 8 | DEGREES 01 MINUTES 09 SECONDS WEST, 280.10 FEET; THENCE | ||||||
| 9 | SOUTH 02 DEGREES 21 MINUTES 40 SECONDS WEST, 1036.29 FEET | ||||||
| 10 | TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST | ||||||
| 11 | QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 EAST; | ||||||
| 12 | THENCE SOUTH 89 DEGREES 46 MINUTES 32 SECONDS WEST ALONG | ||||||
| 13 | AFORESAID NORTH LINE, 901.63 FEET TO THE EASTERLY | ||||||
| 14 | RIGHT-OF-WAY LINE OF ELGIN, JOLIET AND EASTERN | ||||||
| 15 | RIGHT-OF-WAY; THENCE SOUTH 10 DEGREES 55 MINUTES 12 SECONDS | ||||||
| 16 | WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1387.00 FEET TO | ||||||
| 17 | THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLLWAY | ||||||
| 18 | (I-90); THENCE SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST, | ||||||
| 19 | 81.72 FEET; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES | ||||||
| 20 | 53 SECONDS EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY | ||||||
| 21 | LINE, 1514.13 FEET; THENCE NORTH 74 DEGREES 11 MINUTES 48 | ||||||
| 22 | SECONDS EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, | ||||||
| 23 | 471.85 FEET; THENCE NORTH 50 DEGREES 25 MINUTES 36 SECONDS | ||||||
| 24 | EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY , 501.95 FEET | ||||||
| 25 | TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST | ||||||
| 26 | QUARTER OF AFORESAID SECTION 33; THENCE NORTH 00 DEGREES 04 | ||||||
| |||||||
| |||||||
| 1 | MINUTES 16 SECONDS EAST ALONG SAID EAST LINE, 932.35 FEET | ||||||
| 2 | TO THE POINT OF BEGINNING, ALL IN COOK COUNTY ILLINOIS. | ||||||
| 3 | (Source: P.A. 99-231, eff. 8-3-15.)
| ||||||
| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.".
| ||||||
