(3) (Blank).
(4) Unless the Board by an affirmative vote of 12
of the then Directors
determines that the budget and financial plan of a Service Board meets the
criteria specified in clauses (i)
through (vii) of subparagraph (2) of
this paragraph (b), the Board shall withhold from that Service Board 25% of
the cash proceeds of taxes imposed by the Authority under Section 4.03
and Section 4.03.1 and received after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) after February 1 that the Board has estimated to be available to that Service Board under Section 4.11(a). Such funding shall be released to the Service Board only upon approval of a budget and financial plan under this Section or adoption of a budget and financial plan on behalf of the Service Board by the Authority.
(5) If the Board has not found that the budget and financial plan of a
Service Board meets the criteria specified in clauses (i) through (vii)
of subparagraph (2) of this paragraph (b), the Board, by the affirmative vote of at least 12 of its then Directors, shall
adopt a budget and
financial plan meeting such criteria for that Service Board.
(c)(1) If the Board shall at any time have received a
revised estimate, or revises any estimate the Board has made, pursuant to
this Section of the receipts to be collected by the Authority which, in
the judgment of the Board, requires a change in the estimates on which the
budget of any Service Board is based, the Board shall advise the affected
Service Board of such revised estimates, and such Service Board shall within
30 days after receipt of such advice submit a revised budget incorporating
such revised estimates. If the revised estimates require, in the judgment
of the Board, that the system generated revenues recovery ratio of one or
more Service Boards be revised in order to allow the Authority to meet its
required ratio, the Board shall advise any such Service Board of its revised
ratio and such Service Board shall within 30 days after receipt of such
advice submit a revised budget incorporating such revised estimates or ratio.
(2) Each Service Board shall, within such period after the end of each
fiscal quarter as shall be specified by the Board, report to the Authority
its financial condition and results of operations and the financial condition
and results of operations of the public transportation services subject
to its jurisdiction, as at the end of and for such quarter. If in the judgment
of the Board such condition and results are not substantially in accordance
with such Service Board's budget for such period, the Board shall so advise
such Service Board and such Service Board shall within the period specified
by the Board submit a revised budget incorporating such results.
(3) If the Board shall determine that a revised budget submitted by a
Service Board pursuant to subparagraph (1) or (2) of this paragraph (c)
does not meet the criteria specified in clauses (i)
through (vii) of
subparagraph
(2) of paragraph (b) of this Section, the Board shall withhold from that Service Board 25% of the cash proceeds of taxes imposed by the Authority
under Section 4.03 or 4.03.1 and received by the Authority after February 1 and 25% of the amounts transferred to the Authority from the Public Transportation Fund under Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) after February 1 that the Board has estimated to be available to that Service Board under
Section 4.11(a). If the Service Board submits a revised financial plan and
budget which plan and budget shows that the criteria will be met within
a four quarter period, the Board shall release any such withheld funds to the
Service Board. The Board by the affirmative vote of at least 12
of its then Directors may
require a Service Board to submit a revised financial plan and budget which
shows that the criteria will be met in a time period less than four quarters.
(d) All budgets and financial plans, financial statements, audits and
other information presented to the Authority pursuant to this Section or
which may be required by the Board to permit it to monitor compliance with
the provisions of this Section shall be prepared and presented in such
manner and frequency and in such detail as shall have been prescribed by
the Board, shall be prepared on both an accrual and cash flow basis as
specified by the Board, shall present such information as the Authority shall prescribe that fairly presents the condition of any pension plan or trust for health care benefits with respect to retirees established by the Service Board and describes the plans of the Service Board to meet the requirements of Sections 4.02a and 4.02b, and shall identify and describe the assumptions and
projections employed in the preparation
thereof to the extent required by the Board. If the Executive Director certifies that a Service Board has not presented its budget and two-year financial plan in conformity with the rules adopted by the Authority under the provisions of Section 4.01(f) and this subsection (d), and such certification is accepted by the affirmative vote of at least 12 of the then Directors of the Authority, the Authority shall not distribute to that Service Board any funds for operating purposes in excess of the amounts distributed for such purposes to the Service Board in the previous fiscal year. Except when the Board adopts
a budget and a financial plan for a Service Board under paragraph (b)(5),
a Service Board shall provide for such levels of transportation services
and fares or charges therefor as it deems appropriate and necessary in the
preparation of a budget and financial plan meeting the criteria set forth
in clauses (i)
through (vii) of subparagraph (2) of paragraph (b) of this
Section. The Authority
shall have access to and the right to examine and copy
all books, documents, papers, records, or other source data of a Service
Board relevant to any information submitted pursuant to this Section.
(e) Whenever this Section requires the Board to make determinations with
respect to estimates, budgets or financial plans, or rules or regulations
with respect thereto such determinations shall be made upon the affirmative
vote of at least 12
of the then Directors and shall be incorporated in a
written report of the Board and such report shall be submitted within 10
days after such determinations are made to
the Governor, the Mayor of Chicago (if such determinations relate to the
Chicago Transit Authority), and the Auditor General of Illinois.
(Source: P.A. 97-399, eff. 8-16-11.)
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