Public Act 097-0770
 
HB4036 EnrolledLRB097 16965 KMW 62155 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regional Transportation Authority Act is
amended by changing Section 3A.09 as follows:
 
    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
    Sec. 3A.09. General Powers. In addition to any powers
elsewhere provided to the Suburban Bus Board, it shall have all
of the powers specified in Section 2.20 of this Act except for
the powers specified in Section 2.20(a)(v). The Board shall
also have the power:
        (a) to cooperate with the Regional Transportation
    Authority in the exercise by the Regional Transportation
    Authority of all the powers granted it by such Act;
        (b) to receive funds from the Regional Transportation
    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
    4.10 of the Regional Transportation Authority Act, all as
    provided in the Regional Transportation Authority Act;
        (c) to receive financial grants from the Regional
    Transportation Authority or a Service Board, as defined in
    the Regional Transportation Authority Act, upon such terms
    and conditions as shall be set forth in a grant contract
    between either the Division and the Regional
    Transportation Authority or the Division and another
    Service Board, which contract or agreement may be for such
    number of years or duration as the parties agree, all as
    provided in the Regional Transportation Authority Act; and
        (d) to perform all functions necessary for the
    provision of paratransit services under Section 2.30 of
    this Act; and .
        (e) to borrow money for the purposes of: (i)
    constructing a new garage in the northwestern Cook County
    suburbs at an estimated cost of $60,000,000, (ii)
    converting the South Cook garage in Markham to a Compressed
    Natural Gas facility at an estimated cost of $12,000,000,
    (iii) constructing a new paratransit garage in DuPage
    County at an estimated cost of $25,000,000, and (iv)
    expanding the North Shore garage in Evanston to accommodate
    additional indoor bus parking at an estimated cost of
    $3,000,000. For the purpose of evidencing the obligation of
    the Suburban Bus Board to repay any money borrowed as
    provided in this subsection, the Suburban Bus Board may
    issue revenue bonds from time to time pursuant to ordinance
    adopted by the Suburban Bus Board, subject to the approval
    of the Regional Transportation Authority of each such
    issuance by the affirmative vote of 12 of its then
    Directors; provided that the Suburban Bus Board may not
    issue bonds for the purpose of financing the acquisition,
    construction, or improvement of any facility other than
    those listed in this subsection (e). All such bonds shall
    be payable solely from the revenues or income or any other
    funds that the Suburban Bus Board may receive, provided
    that the Suburban Bus Board may not pledge as security for
    such bonds the moneys, if any, that the Suburban Bus Board
    receives from the Regional Transportation Authority
    pursuant to Section 4.03.3(f) of the Regional
    Transportation Authority Act. The bonds shall bear
    interest at a rate not to exceed the maximum rate
    authorized by the Bond Authorization Act and shall mature
    at such time or times not exceeding 25 years from their
    respective dates. Bonds issued pursuant to this paragraph
    must be issued with scheduled principal or mandatory
    redemption payments in equal amounts in each fiscal year
    over the term of the bonds, with the first principal or
    mandatory redemption payment scheduled within the fiscal
    year in which bonds are issued or within the next
    succeeding fiscal year. At least 25%, based on total
    principal amount, of all bonds authorized pursuant to this
    Section shall be sold pursuant to notice of sale and public
    bid. No more than 75%, based on total principal amount, of
    all bonds authorized pursuant to this Section shall be sold
    by negotiated sale. The maximum principal amount of the
    bonds that may be issued may not exceed $100,000,000. The
    bonds shall have all the qualities of negotiable
    instruments under the laws of this State. To secure the
    payment of any or all of such bonds and for the purpose of
    setting forth the covenants and undertakings of the
    Suburban Bus Board in connection with the issuance thereof
    and the issuance of any additional bonds payable from such
    revenue or income as well as the use and application of the
    revenue or income received by the Suburban Bus Board, the
    Suburban Bus Board may execute and deliver a trust
    agreement or agreements; provided that no lien upon any
    physical property of the Suburban Bus Board shall be
    created thereby. A remedy for any breach or default of the
    terms of any such trust agreement by the Suburban Bus Board
    may be by mandamus proceedings in any court of competent
    jurisdiction to compel performance and compliance
    therewith, but the trust agreement may prescribe by whom or
    on whose behalf such action may be instituted. Under no
    circumstances shall any bonds issued by the Suburban Bus
    Board or any other obligation of the Suburban Bus Board in
    connection with the issuance of such bonds be or become an
    indebtedness or obligation of the State of Illinois, the
    Regional Transportation Authority, or any other political
    subdivision of or municipality within the State, nor shall
    any such bonds or obligations be or become an indebtedness
    of the Suburban Bus Board within the purview of any
    constitutional limitation or provision, and it shall be
    plainly stated on the face of each bond that it does not
    constitute such an indebtedness or obligation but is
    payable solely from the revenues or income as aforesaid.
(Source: P.A. 94-370, eff. 7-29-05.)