Full Text of SB0572 94th General Assembly
SB0572eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Intermodal Facilities Development Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to protect, | 7 |
| promote and improve freight rail systems and their intermodal | 8 |
| connections in Illinois and to encourage the efficient | 9 |
| development of such facilities and the redevelopment of | 10 |
| abandoned or underutilized rail facilities by providing | 11 |
| economic incentives designed to: | 12 |
| (a) ensure that Illinois retains both its predominant | 13 |
| position and the considerable economic and employment | 14 |
| benefits associated with rail freight traffic by | 15 |
| encouraging the location and relocation of rail facilities | 16 |
| within the State; | 17 |
| (b) expand rail freight service capacity and the number | 18 |
| and size of intermodal facilities within the State; | 19 |
| (c) stimulate redevelopment of those facilities no | 20 |
| longer capable of efficient use to meet the commercial, | 21 |
| industrial and transportation needs throughout the State; | 22 |
| (d) stimulate redevelopment in those areas where | 23 |
| obsolete railroad facilities contribute to the growth of | 24 |
| blight in adjacent and surrounding areas; prevent the | 25 |
| restoration and proper development of such areas necessary | 26 |
| to promote the safety, health, welfare, comfort and | 27 |
| convenience of its inhabitants; depress land values in | 28 |
| adjacent and surrounding areas; unnecessarily isolate | 29 |
| areas of unused land making it unavailable for any other | 30 |
| use; obstruct the continuity of public roads and streets; | 31 |
| create traffic congestion upon public roads and streets; | 32 |
| cause undue delay and expense in the transportation of |
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| persons and property; and retard the proper economic and | 2 |
| civic growth and development; and | 3 |
| (e) foster public-private partnerships to achieve | 4 |
| these goals. | 5 |
| Section 10. Definitions. In the Act, words and phrases have | 6 |
| the meanings set forth in the following Sections. | 7 |
| (a) Authority. "Authority" means any entity created | 8 |
| under the terms of this Act for the purposes of developing | 9 |
| a new or existing rail or intermodal facility or | 10 |
| redeveloping an underutilized or obsolete existing rail | 11 |
| facility. | 12 |
| (b) Board. "Board" means the Board of Directors of any | 13 |
| such Authority created under the terms of this Act. | 14 |
| (c) Commercial project. "Commercial project" means any | 15 |
| project, including but not limited to one or more buildings | 16 |
| and other structures, improvements, machinery, and | 17 |
| equipment, whether or not on the same site, suitable for | 18 |
| use by any retail or wholesale concern, distributorship, or | 19 |
| agency, any cultural facilities of a for-profit or | 20 |
| not-for-profit type including but not limited to | 21 |
| educational, theatrical, recreational, and entertainment | 22 |
| facilities, sports facilities, racetracks, stadiums, | 23 |
| convention centers, exhibition halls, arenas, opera | 24 |
| houses, theaters, swimming pools, restaurants, velodromes, | 25 |
| coliseums, sports training facilities, parking facilities, | 26 |
| terminals, hotels and motels, gymnasiums, and medical | 27 |
| facilities. | 28 |
| (d) Costs incurred in connection with the development, | 29 |
| construction, acquisition, or improvement of a project. | 30 |
| "Costs incurred in connection with the development, | 31 |
| construction, acquisition, or improvement of a project" | 32 |
| means the following: the cost of purchase and construction | 33 |
| of all lands and related improvements, together with the | 34 |
| equipment and other property, rights, easements, and | 35 |
| franchises acquired that are deemed necessary for the |
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| construction, including costs of environmental | 2 |
| remediation; financing charges; interest costs with | 3 |
| respect to revenue bonds, notes, and other evidences of | 4 |
| indebtedness of the issuing Authority prior to and during | 5 |
| construction and for a period of 36 months thereafter; | 6 |
| engineering and legal expenses; the costs of plans, | 7 |
| specifications, surveys, and estimates of costs and other | 8 |
| expenses necessary or incident to determining the | 9 |
| feasibility or practicability of any project, together | 10 |
| with such other expenses as may be necessary or incident to | 11 |
| the financing, insuring, acquisition, and construction of | 12 |
| a specific project and the placing of the project in | 13 |
| operation. | 14 |
| (e) Financial Aid. "Financial aid" means the | 15 |
| expenditure of Authority funds or funds provided by the | 16 |
| Authority through the issuance of its bonds, notes, or | 17 |
| other evidences of indebtedness for the development, | 18 |
| construction, acquisition, or improvement of a project. | 19 |
| (f) Governmental agency. "Governmental agency" means | 20 |
| any federal, State, or local governmental body, and any | 21 |
| agency or instrumentality thereof, corporate or otherwise. | 22 |
| (g) Industrial project. "Industrial project" means (1) | 23 |
| a capital project, including one or more buildings and | 24 |
| other structures, improvements, machinery, and equipment, | 25 |
| whether or not on the same site, suitable for use by any | 26 |
| manufacturing, industrial, research, transportation, or | 27 |
| commercial enterprise including but not limited to use as a | 28 |
| factory, mill, processing plant, assembly plant, packaging | 29 |
| plant, fabricating plant, office building, distribution | 30 |
| center, warehouse, repair, overhaul, or service facility, | 31 |
| freight terminal, research facility, test facility, | 32 |
| railroad facility, solid waste and wastewater treatment | 33 |
| and disposal sites and other pollution control facilities, | 34 |
| resource or waste reduction, recovery, treatment, and | 35 |
| disposal facilities, including the sites and other rights | 36 |
| in land therefore, site preparation and landscaping and all |
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| appurtenances and facilities incidental thereto such as | 2 |
| utilities, access roads, railroad sidings, truck docking, | 3 |
| and similar facilities, parking facilities, railroad | 4 |
| roadbed, track, trestle, depot, terminal, switching and | 5 |
| signaling equipment, or related equipment and other | 6 |
| improvements necessary or convenient thereto; or (2) any | 7 |
| land, buildings, machinery, or equipment comprising an | 8 |
| addition to or renovation, rehabilitation, or improvement | 9 |
| of any existing capital project. | 10 |
| (h) Intermodal Facilities Development Zone. | 11 |
| "Intermodal Facilities Development Zone" means an area | 12 |
| designated as an Intermodal Facilities Development Zone | 13 |
| pursuant to this Act. | 14 |
| (i) Lease agreement. "Lease agreement" means an | 15 |
| agreement under which a project acquired by any Authority | 16 |
| under this Act, by purchase, gift, or lease is leased to | 17 |
| any person or governmental agency that will use or cause | 18 |
| the project to be used as a project upon terms providing | 19 |
| for lease rental payments at least sufficient to pay when | 20 |
| due the lessee's pro rata share of all principal of and | 21 |
| interest and premium, if any, on any revenue bonds, notes, | 22 |
| or other evidences of indebtedness of the Authority issued | 23 |
| with respect to the project, providing for the maintenance, | 24 |
| insurance, and operation of the project on terms | 25 |
| satisfactory to the Authority, and providing for | 26 |
| disposition of the project upon termination of the lease | 27 |
| term, including purchase options or abandonment of the | 28 |
| premises, with such other terms as may be deemed desirable | 29 |
| by the Authority. | 30 |
| (j) Loan agreement. "Loan agreement" means any | 31 |
| agreement by which the Authority agrees to loan the | 32 |
| proceeds of its revenue bonds, notes, or other evidences of | 33 |
| indebtedness issued with respect to a project to any person | 34 |
| or governmental agency that will use or cause the project | 35 |
| to be used as a project upon terms providing for loan | 36 |
| repayment installments at least sufficient to pay when due |
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| the borrower's pro rata share of all principal of and | 2 |
| interest and premium, if any, on any revenue bonds, notes, | 3 |
| or other evidences of indebtedness of the Authority issued | 4 |
| with respect to the project, providing for maintenance, | 5 |
| insurance, and operation of the project on terms | 6 |
| satisfactory to the Authority, and providing for other | 7 |
| matters as may be deemed advisable by the Authority. | 8 |
| (k) Person. "Person" includes without limitation an | 9 |
| individual, corporation, partnership, unincorporated | 10 |
| association, and any other legal entity, including a | 11 |
| trustee, receiver, assignee, or personal representative of | 12 |
| the entity. | 13 |
| (l) Project. "Project" means an industrial or | 14 |
| commercial project or any combination thereof provided | 15 |
| that all uses shall fall within one of those categories. | 16 |
| Any project shall automatically include all site | 17 |
| improvements and new construction involving sidewalks, | 18 |
| sewers, solid waste and wastewater treatment and disposal | 19 |
| sites and other pollution control facilities, resource or | 20 |
| waste reduction, recovery, treatment, and disposal | 21 |
| facilities, parks, open spaces, wildlife sanctuaries, | 22 |
| streets, highways, and runways. | 23 |
| (m) Revenue bond. "Revenue bond" or "bond" means any | 24 |
| bond issued by the Authority, the principal and interest of | 25 |
| which are payable solely from revenues or income derived | 26 |
| from any project or activity of the Authority. | 27 |
| (n) Terminal. "Terminal" means a public place, | 28 |
| station, or depot for receiving and delivering passengers, | 29 |
| baggage, mail, freight, or express matter and any | 30 |
| combination thereof in connection with the transportation | 31 |
| of persons and property on land. | 32 |
| (o) Terminal facilities. "Terminal facilities" means | 33 |
| all land, rail trackage, rail switching and servicing | 34 |
| facilities, intermodal transfer facilities, buildings, | 35 |
| structures, improvements, equipment, and appliances useful | 36 |
| in the operation of public warehouse, storage, and |
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| transportation facilities and industrial, manufacturing, | 2 |
| or commercial activities for the accommodation of or in | 3 |
| connection with commerce by land, including commercial | 4 |
| projects and industrial projects.
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| Section 20. Creation of an Intermodal Facilities | 6 |
| Development Authority. | 7 |
| (a) A county or municipality may, by resolution adopted by | 8 |
| a majority of its members, determine that there is a need and | 9 |
| that it is in the best interest of the public that an | 10 |
| Intermodal Facilities Development Authority be organized in | 11 |
| that city or county to exercise the powers and authority | 12 |
| prescribed by this Act and it shall therein set forth the name | 13 |
| of the Intermodal Facilities Development Authority to be | 14 |
| created hereunder, provided, however, that the words | 15 |
| "Intermodal Facilities Development Authority" shall form part | 16 |
| of its name. Prior to the passage of the resolution, the | 17 |
| jurisdiction shall have conducted at least one public hearing | 18 |
| on the question of whether to create the Authority; public | 19 |
| notice of such hearing shall be published in at least one | 20 |
| newspaper of general circulation not more than 20 days nor less | 21 |
| than 5 days before the hearing. | 22 |
| (b) Within 30 days after the adoption of the resolution, it | 23 |
| shall be the duty of the chief officer of the jurisdiction | 24 |
| adopting the resolution to file in the office of the recorder | 25 |
| in the county in which the jurisdiction adopting the resolution | 26 |
| is located a certified copy of such resolution. | 27 |
| (c) Upon such filing in the office of the Recorder of Deeds | 28 |
| the Intermodal Facilities Development Authority shall be | 29 |
| deemed to be organized as a municipal corporation and body | 30 |
| politic. | 31 |
| (d) Upon the execution of an Intergovernmental Agreement | 32 |
| and the approval of the appropriate governing bodies, a | 33 |
| municipality may create an Intermodal Facilities Development | 34 |
| Authority in conjunction with one other municipality or with | 35 |
| the county within which the municipality lies. In such cases |
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| the duties described herein lie with each jurisdiction creating | 2 |
| the authority, which shall not be recognized until all required | 3 |
| acts have been completed by each jurisdiction. | 4 |
| Section 25. Board members; officers; administration. | 5 |
| (a) The governing and administrative powers of the | 6 |
| Authority shall be vested in its Board of Directors. Where only | 7 |
| one county or municipal authority has created an Authority, the | 8 |
| Board shall consist of 5 members. Where more than one county or | 9 |
| municipal authority has created the Authority, the Board shall | 10 |
| consist of 7 members, with three selected from each of the | 11 |
| corporate authorities. The 2 authorities shall mutually select | 12 |
| the seventh member, who shall also serve as Chairperson. All | 13 |
| persons appointed as members of the Board shall have recognized | 14 |
| ability and experience in one or more of the following areas: | 15 |
| economic development, finance, banking, industrial | 16 |
| development, small business management, real estate | 17 |
| development, community development, venture finance, organized | 18 |
| labor, or civic, community, or neighborhood organization. | 19 |
| (b) The terms of the initial appointees to each Authority | 20 |
| shall commence 30 days after its creation. Each Board Member | 21 |
| shall hold office for a term of 4 years. All successors shall | 22 |
| be appointed by the original appointing authority and hold | 23 |
| office for a term of 4 years commencing on the anniversary of | 24 |
| the initial appointments, except in case of an appointment to | 25 |
| fill a vacancy. Vacancies shall be filled for the remainder of | 26 |
| the term. Each member appointed to the Board shall serve until | 27 |
| his or her successor is appointed and qualified. | 28 |
| (c) Except as provided in subsection (a), the Chairperson | 29 |
| of the Board shall be elected by the Board annually from among | 30 |
| the members. | 31 |
| (d) The Governor may remove any member of any Board in case | 32 |
| of incompetence, neglect of duty, or malfeasance in office. | 33 |
| (e) Members of the Board shall serve without compensation | 34 |
| for their services as members but may be reimbursed for all | 35 |
| necessary expenses incurred in connection with the performance |
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| of their duties as members. | 2 |
| (f) The Board may appoint an Executive Director who shall | 3 |
| have a background in finance, including familiarity with the | 4 |
| legal and procedural requirements of issuing bonds, real estate | 5 |
| or economic development, and administration. The Executive | 6 |
| Director shall hold office at the discretion of the Board. The | 7 |
| Executive Director shall be the chief administrative and | 8 |
| operational officer of the Authority, shall direct and | 9 |
| supervise its administrative affairs and general management, | 10 |
| shall perform such other duties as may be prescribed from time | 11 |
| to time by the Board, and shall receive compensation fixed by | 12 |
| the Board. The Executive Director shall attend all meetings of | 13 |
| the Board; however, no action of the Board or the Authority | 14 |
| shall be invalid on account of the absence of the Executive | 15 |
| Director from a meeting. The Board may engage the services of | 16 |
| such other agents and employees, including attorneys, | 17 |
| appraisers, engineers, accountants, credit analysts and other | 18 |
| consultants, and may prescribe their duties and fix their | 19 |
| compensation. | 20 |
| (g) The Board shall meet on the call of its Chairperson or | 21 |
| upon written notice of 3 members of that Board. | 22 |
| (h) Except as provided in subsection (i), the government, | 23 |
| control and management of the affairs of the Authority shall be | 24 |
| vested in the Board of Directors and such Board shall possess | 25 |
| and exercise all of the powers granted under this Act and such | 26 |
| other powers not inconsistent with this Act, as may be | 27 |
| necessary to effectuate the purposes of this Act. | 28 |
| (i) Where a single municipal authority operating under the | 29 |
| "Home Rule" authority of applicable state statutes creates an | 30 |
| Intermodal Facilities Development Authority as set forth | 31 |
| above, and the authority in its ordinance creating that | 32 |
| Authority so states, the powers, duties and obligations of the | 33 |
| Intermodal Facilities Development Authority shall remain | 34 |
| vested in the municipal authority. | 35 |
| Section 26. Actions of an Intermodal Facilities |
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| Development Authority. All official acts of an Authority shall | 2 |
| require the affirmative vote of at least a majority of the | 3 |
| members of the Board at a meeting of the Board at which the | 4 |
| members casting those affirmative votes are present. It is the | 5 |
| duty of the Authority to promote the purposes of this Act. The | 6 |
| Authority shall use the powers conferred on it by this Act to | 7 |
| first create a new terminal and terminal facilities, or, in | 8 |
| cases involving underutilized and obsolete terminals and | 9 |
| terminal facilities, to first remove or relocate existing | 10 |
| terminals and terminal facilities, and thereafter to assist in | 11 |
| the development, construction, and acquisition of industrial | 12 |
| or commercial projects within its territorial jurisdiction. | 13 |
| Section 30. Powers. An Authority possesses all powers of a | 14 |
| body corporate necessary and convenient to accomplish the | 15 |
| purposes of this Act. An Authority's territorial limits shall | 16 |
| include all areas designated as an Intermodal Facilities | 17 |
| Development Zone as set forth below. An Authority shall also | 18 |
| constitute and receive the designation of a Port District, | 19 |
| granting it any and all powers allowable to any Port District | 20 |
| under State or federal law. Such powers shall include without | 21 |
| limitation the following: | 22 |
| (1) to enter into loans, contracts, agreements, leases | 23 |
| and mortgages in any matter connected with any of its | 24 |
| corporate purposes and to invest its funds; | 25 |
| (2) to sue and be sued; | 26 |
| (3) to employ agents and employees necessary to carry | 27 |
| out its purposes; | 28 |
| (4) to have, use, and alter a common seal; | 29 |
| (5) to adopt all needful ordinances, resolutions, | 30 |
| bylaws, rules, and regulations for the conduct of its | 31 |
| business and affairs and for the management and use of the | 32 |
| projects developed, constructed, acquired, and improved in | 33 |
| furtherance of its purposes; | 34 |
| (6) to designate the fiscal year for the Authority; | 35 |
| (7) to accept and expend appropriations; |
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| (8) to have and exercise all powers and be subject to | 2 |
| all duties usually incident to boards of directors of | 3 |
| corporations; | 4 |
| (9) to acquire, own, lease, sell, or otherwise dispose | 5 |
| of any interests in and to real property and improvements | 6 |
| situated within its territorial limits and in personal | 7 |
| property necessary to fulfill the purposes of the | 8 |
| Authority; | 9 |
| (10) to engage in any activity or operation that is | 10 |
| incidental to and in furtherance of efficient operation to | 11 |
| accomplish the Authority's primary purpose, including the | 12 |
| power to clear, demolish or remove existing structures and | 13 |
| to install, repair, construct or reconstruct streets, | 14 |
| utilities and site improvements essential to the | 15 |
| preparation of an Intermodal Facilities Development Zone | 16 |
| for redevelopment; | 17 |
| (11) to acquire, own, construct, lease, operate, and | 18 |
| maintain within its territorial limits terminals and | 19 |
| terminal facilities and to fix and collect just, | 20 |
| reasonable, and nondiscriminatory charges for the use of | 21 |
| those facilities; | 22 |
| (12) to collect fees and charges in connection with its | 23 |
| loans, commitments, and services; | 24 |
| (13) to use the charges and fees collected as | 25 |
| authorized under paragraphs (11) and (12) of this Section | 26 |
| to defray the reasonable expenses of the Authority and to | 27 |
| pay the principal and interest of any bonds issued by the | 28 |
| Authority; | 29 |
| (14) to share employees with other units of government, | 30 |
| including agencies of the United States, agencies of the | 31 |
| State of Illinois, and agencies or personnel of any unit of | 32 |
| local government; | 33 |
| (15) whenever (1) three-fourths of the railroad | 34 |
| companies owning, and (2) three-fourths of the railroad | 35 |
| companies operating or using terminals within any | 36 |
| Intermodal Facilities Development Zone as established by |
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| this Act have agreed with the Authority to occupy and use | 2 |
| the new railroad terminal, the Authority shall have power | 3 |
| to require if deemed necessary or desirable to promote the | 4 |
| public safety and welfare, any other railroad company or | 5 |
| railroad companies entering or hereafter entering an | 6 |
| Intermodal Facilities Development Zone under which the | 7 |
| Authority is organized to use such new terminal, terminal | 8 |
| facilities and approaches thereto, owned and operated by | 9 |
| the Authority, on such terms and conditions as may be | 10 |
| prescribed by the Authority which shall be fair and | 11 |
| reasonable, and in this connection, to require any such | 12 |
| railroad company or railroad companies to relocate and | 13 |
| rearrange its or their tracks to the extent deemed | 14 |
| necessary. The power of the Authority to require such | 15 |
| railroad company or railroad companies to so remove or | 16 |
| relocate its or their tracks shall be exercised only upon | 17 |
| such terms and conditions as the Authority and such | 18 |
| railroad company or railroad companies may agree upon, or | 19 |
| in default of such an agreement, upon such terms and | 20 |
| conditions as the Authority may prescribe which shall be | 21 |
| fair and reasonable; | 22 |
| (16) to operate or enter into contracts and leases for | 23 |
| the operation of any restaurant, store or other enterprise | 24 |
| of any sort associated with a terminal; | 25 |
| (17) to make provisions for off-street parking | 26 |
| facilities; | 27 |
| (18) to rent such space as from time to time may not be | 28 |
| needed for railroad purposes for such other purposes as the | 29 |
| Board of Directors may determine and to execute leases | 30 |
| evidencing such rental agreements; | 31 |
| (19) to convey real property acquired pursuant to this | 32 |
| Act and not required in the operation and maintenance of | 33 |
| the terminal, terminal facilities and approaches thereto, | 34 |
| for use in accordance with a redevelopment plan; | 35 |
| (20) to seek and accept donations, contributions, | 36 |
| capital grants or gifts from any individuals, |
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| associations, municipal and private corporations, the | 2 |
| State of Illinois or any agency thereof, and the United | 3 |
| States of America, or any agency or instrumentality | 4 |
| thereof, for or in aid of any of the purposes of this Act | 5 |
| and to enter into agreements in connection therewith; | 6 |
| (21) subject to Section 35 of this Act, the Authority | 7 |
| shall have the power to issue revenue bonds as if it were a | 8 |
| municipality so authorized in Divisions 12.1, 74, 74.1, | 9 |
| 74.3, and 74.5 of Article 11 of the Illinois Municipal Code | 10 |
| in such amount or amounts as the Board of Directors may | 11 |
| determine, to provide funds for the acquisition of areas | 12 |
| within an Intermodal Facilities Development Zone, the | 13 |
| demolition and removal of buildings and other structures | 14 |
| thereon, and for constructing, reconstructing, improving, | 15 |
| operating and maintaining terminals, terminal facilities, | 16 |
| and approaches thereto, and to pay all costs incurred in | 17 |
| connection with the development; | 18 |
| (22) to anticipate the sale of revenue bonds to borrow | 19 |
| money to be repaid from the proceeds of revenue bonds when | 20 |
| sold; | 21 |
| (23) to enter into intergovernmental agreements with | 22 |
| the State of Illinois, the Illinois Finance Authority, the | 23 |
| Metropolitan Pier and Exposition Authority, the United | 24 |
| States government, and agency or instrumentality of the | 25 |
| United States, any county or unit of local government | 26 |
| located within the territory of the Authority, or any other | 27 |
| unit of government to the extent allowed by Article VII, | 28 |
| Section 10 of the Illinois Constitution and the | 29 |
| Intergovernmental Cooperation Act; and | 30 |
| (24) to contract for, accept, or otherwise acquire and | 31 |
| maintain railroad property and rights-of-way. The | 32 |
| Authority may accept and expend funding from any source, | 33 |
| including specifically federal funds designated for | 34 |
| railroad right-of-way or terminal facilities improvements, | 35 |
| and may issue bonds, for the construction, operation, and | 36 |
| maintenance of the property and rights-of-way and the lease |
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| or purchase of all necessary equipment and appurtenances to | 2 |
| successfully operate a railroad over the rights-of-way.
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| Section 31. Qualifications of an Intermodal Facilities | 4 |
| Development Zone. An area is qualified to become an Intermodal | 5 |
| Facilities Development Zone which either: | 6 |
| (a) is a contiguous area, provided that a zone area may | 7 |
| exclude wholly surrounded territory within its boundaries; | 8 |
| and | 9 |
| (i) comprises a minimum of 150 acres and not more | 10 |
| than 2 square miles, in total area, exclusive of lakes | 11 |
| and waterways; | 12 |
| (ii) has at least one Class 1 railroad right-of-way | 13 |
| located within it or within one quarter mile from the | 14 |
| nearest border of the proposed zone and has no boundary | 15 |
| limit further than 3 miles from such right-of-way; and | 16 |
| (iii) is entirely within the jurisdiction of the | 17 |
| corporate bodies establishing the Authority; or | 18 |
| (b) is a contiguous area, provided that a zone area may | 19 |
| exclude wholly surrounded territory within its boundaries; | 20 |
| (i) comprises a minimum of 10 acres and not more | 21 |
| than 640 acres; | 22 |
| (ii) has at least one Class 1 railroad right-of-way | 23 |
| located within it and has no boundary limit further | 24 |
| than 8000 feet from such right-of-way; | 25 |
| (iii) has at least one terminal or terminal | 26 |
| facility located within it that is declared by the | 27 |
| Board of Directors of an Authority to be underutilized | 28 |
| or obsolete; and | 29 |
| (iv) is entirely within the jurisdiction of the | 30 |
| corporate bodies establishing the Authority.
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| Section 32. Approval of an Intermodal Facilities | 32 |
| Development Zone. Whenever the Board of Directors determines | 33 |
| that a particular area qualifies as a Intermodal Facilities | 34 |
| Development Zone, as herein defined, and should be acquired |
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| pursuant to the provisions of this Act, such determination | 2 |
| together with an accurate description of the area included in | 3 |
| such determination and the date on which the determination was | 4 |
| made shall be set forth in the records of the Authority. Any | 5 |
| such determination may include additional property situated | 6 |
| outside the Intermodal Facilities Development Zone which the | 7 |
| Board of Directors determines is necessary to be acquired in | 8 |
| connection with the construction of a railroad terminal, | 9 |
| terminal facilities and other projects appurtenant thereto. | 10 |
| The area may be enlarged, from time to time, as the Board of | 11 |
| Directors may determine. Each such determination shall be | 12 |
| evidenced by a resolution adopted by at least a majority of the | 13 |
| total members of the Board of Directors and a certified copy of | 14 |
| such resolution shall be delivered to the governing body of the | 15 |
| jurisdiction under which the Authority is organized. No such | 16 |
| determination shall be of any force or effect until such time | 17 |
| as it has been approved by that jurisdiction, and after such | 18 |
| approval a certified copy of such approval and resolution of | 19 |
| the Authority shall be filed in the office of the Recorder in | 20 |
| the county where the Authority is located. Where an authority | 21 |
| has been created by two jurisdictions, the resolution shall be | 22 |
| delivered to the governing bodies of each and no such | 23 |
| determination shall be of force and effect until such time as | 24 |
| it has been approved by both governing bodies. | 25 |
| Section 33. Comprehensive Plan. | 26 |
| (a) In addition to the powers set forth in Section 30 of | 27 |
| this Act, an Authority shall also have the power to develop a | 28 |
| comprehensive plan for the development within an Intermodal | 29 |
| Facilities Development Zone. | 30 |
| (b) Where the Authority has developed a comprehensive plan | 31 |
| under (a), it shall have the power to enter into agreements | 32 |
| regarding multiple projects, industrial or commercial, with a | 33 |
| single entity in conjunction with the execution of that plan. | 34 |
| As part of that agreement, the Authority shall specifically | 35 |
| have the power to: |
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| (i) Grant the entity the right to first present | 2 |
| proposals for projects consistent with the comprehensive | 3 |
| plan; | 4 |
| (ii) Include in the agreement the recapture of the | 5 |
| expenses, fees and costs associated with predevelopment | 6 |
| costs, professional services and initial infrastructure | 7 |
| costs; | 8 |
| (iii) Include in the agreement recovery for costs | 9 |
| incurred in connection with the development, construction, | 10 |
| acquisition, or improvement of a project, even if the | 11 |
| project is eventually completed by another entity; and | 12 |
| (iv) Employ the entity as its agent to assist in the | 13 |
| management and oversight of future projects within the | 14 |
| Intermodal Facilities Development Zone. | 15 |
| Section 34. Coordinated Development. In entering | 16 |
| agreements with entities, either under a comprehensive plan as | 17 |
| set forth in Section 31, or involving an individual project | 18 |
| within an Intermodal Facilities Development Zone involving the | 19 |
| creation of a new terminal or terminal facilities, the | 20 |
| Authority shall give preferential consideration to entities | 21 |
| which are currently engaged in projects in other Intermodal | 22 |
| Facilities Development Zones for the purpose of eliminating | 23 |
| underutilized or obsolete terminals and terminal facilities. | 24 |
| Such consideration may include the altering of agreement terms | 25 |
| and conditions to reflect the coordination of projects in | 26 |
| different Zones. | 27 |
| Section 35. Revenue Bonds. | 28 |
| (a) An Authority shall have the continuing power to issue | 29 |
| revenue bonds, notes, or other evidences of indebtedness for | 30 |
| the purpose of developing, constructing, acquiring, or | 31 |
| improving projects, including those established by business | 32 |
| entities locating or expanding property within the territorial | 33 |
| jurisdiction of the Authority, for entering into venture | 34 |
| capital agreements with businesses locating or expanding |
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| within the territorial jurisdiction of the Authority, for | 2 |
| acquiring and improving any property necessary and useful in | 3 |
| connection therewith, and for the purposes of the Employee | 4 |
| Ownership Assistance Act. For the purpose of evidencing the | 5 |
| obligations of an Authority to repay any money borrowed, the | 6 |
| Authority may, pursuant to resolution, from time to time issue | 7 |
| and dispose of its interest bearing revenue bonds, notes, or | 8 |
| other evidences of indebtedness and may also from time to time | 9 |
| issue and dispose of such bonds, notes, or other evidences of | 10 |
| indebtedness to refund, at maturity, at a redemption date or in | 11 |
| advance of either, any revenue bonds, notes, or other evidences | 12 |
| of indebtedness pursuant to redemption provisions or at any | 13 |
| time before maturity. All such revenue bonds, notes, or other | 14 |
| evidences of indebtedness shall be payable solely from the | 15 |
| revenues or income to be derived from loans made with respect | 16 |
| to projects, from the leasing or sale of the projects, or from | 17 |
| any other funds available to the Authority for such purposes, | 18 |
| including, when so provided by ordinance of the Authority | 19 |
| authorizing the issuance of revenue bonds or notes. The revenue | 20 |
| bonds, notes, or other evidences of indebtedness may bear such | 21 |
| date or dates, may mature at such time or times not exceeding | 22 |
| 40 years from their respective dates, may bear interest at such | 23 |
| rate or rates not exceeding the maximum rate permitted by the | 24 |
| Bond Authorization Act, may be in such form, may carry such | 25 |
| registration privileges, may be executed in such manner, may be | 26 |
| payable at such place or places, may be made subject to | 27 |
| redemption in such manner and upon such terms, with or without | 28 |
| premium as is stated on the face thereof, may be authenticated | 29 |
| in such manner, and may contain such terms and covenants as may | 30 |
| be provided by an applicable resolution. | 31 |
| (b) The holder or holders of any revenue bonds, notes, or | 32 |
| other evidences of indebtedness issued by the Authority may | 33 |
| bring suits at law or proceedings in equity to compel the | 34 |
| performance and observance by any corporation or person or by | 35 |
| the Authority or any of its agents or employees of any contract | 36 |
| or covenant made with the holders of such revenue bonds, notes, |
|
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| or other evidences of indebtedness, to compel such corporation, | 2 |
| person, the Authority, and any of its agents or employees to | 3 |
| perform any duties required to be performed for the benefit of | 4 |
| the holders of any such revenue bonds, notes, or other | 5 |
| evidences of indebtedness by the provision of the resolution | 6 |
| authorizing their issuance and to enjoin such corporation, | 7 |
| person, the Authority, and any of its agents or employees from | 8 |
| taking any action in conflict with any such contract or | 9 |
| covenant. | 10 |
| (c) If the Authority fails to pay the principal of or | 11 |
| interest on any of the revenue bonds or premium, if any, as the | 12 |
| same become due, a civil action to compel payment may be | 13 |
| instituted in the appropriate circuit court by the holder or | 14 |
| holders of the revenue bonds on which such default of payment | 15 |
| exists or by an indenture trustee acting on behalf of such | 16 |
| holders. Delivery of a summons and a copy of the complaint to | 17 |
| the Chairperson of the Board shall constitute sufficient | 18 |
| service to give the circuit court jurisdiction of the subject | 19 |
| matter of such a suit and jurisdiction over the Authority and | 20 |
| its officers named as defendants for the purpose of compelling | 21 |
| such payment. Any case, controversy, or cause of action | 22 |
| concerning the validity of this Act relates to the revenue of | 23 |
| the State of Illinois. | 24 |
| (d) Notwithstanding the form and tenor of any such revenue | 25 |
| bonds, notes, or other evidences of indebtedness and in the | 26 |
| absence of any express recital on the face of any such revenue | 27 |
| bond, note, or other evidence of indebtedness that it is | 28 |
| non-negotiable, all such revenue bonds, notes, and other | 29 |
| evidences of indebtedness shall be negotiable instruments. | 30 |
| Pending the preparation and execution of any such revenue | 31 |
| bonds, notes, or other evidences of indebtedness, temporary | 32 |
| revenue bonds, notes, or evidences of indebtedness may be | 33 |
| issued as provided by ordinance. | 34 |
| (e) To secure the payment of any or all of such revenue | 35 |
| bonds, notes, or other evidences of indebtedness, the revenues | 36 |
| to be received by the Authority from a lease agreement or loan |
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| agreement shall be pledged, and, for the purpose of setting | 2 |
| forth the covenants and undertakings of the Authority in | 3 |
| connection with the issuance thereof and the issuance of any | 4 |
| additional revenue bonds, notes, or other evidences of | 5 |
| indebtedness payable from such revenues, income, or other funds | 6 |
| to be derived from projects, the Authority may execute and | 7 |
| deliver a mortgage or trust agreement. A remedy for any breach | 8 |
| or default of the terms of any such mortgage or trust agreement | 9 |
| by the Authority may be by mandamus proceedings in the | 10 |
| appropriate circuit court to compel the performance and | 11 |
| compliance therewith, but the trust agreement may prescribe by | 12 |
| whom or on whose behalf the action may be instituted. | 13 |
| (f) The revenue bonds or notes shall be secured as provided | 14 |
| in the authorizing ordinance which may, notwithstanding any | 15 |
| other provision of this Act, include in addition to any other | 16 |
| security a specific pledge or assignment of and lien on or | 17 |
| security interest in any or all revenues or money of the | 18 |
| Authority from whatever source which may by law be used for | 19 |
| debt service purposes and a specific pledge or assignment of | 20 |
| and lien on or security interest in any funds or accounts | 21 |
| established or provided for by ordinance of the Authority | 22 |
| authorizing the issuance of such revenue bonds or notes. | 23 |
| (g) The State of Illinois pledges to and agrees with the | 24 |
| holders of the revenue bonds and notes of the Authority issued | 25 |
| pursuant to this Section that the State will not limit or alter | 26 |
| the rights and powers vested in the Authority by this Act so as | 27 |
| to impair the terms of any contract made by the Authority with | 28 |
| such holders or in any way impair the rights and remedies of | 29 |
| such holders until such revenue bonds and notes, together with | 30 |
| interest thereon, with interest on any unpaid installments of | 31 |
| interest, and all costs and expenses in connection with any | 32 |
| action or proceedings by or on behalf of such holders, are | 33 |
| fully met and discharged. The Authority is authorized to | 34 |
| include these pledges and agreements of the State in any | 35 |
| contract with the holders of revenue bonds or notes issued | 36 |
| pursuant to this Section. |
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| (h) The revenue bonds, notes, and other evidences of | 2 |
| indebtedness authorized by this Act are not, and shall not be | 3 |
| construed to be, "State debt" within the meaning of Section 9 | 4 |
| of Article IX of the Illinois Constitution, are not secured by | 5 |
| the full faith and credit of the State, and are not required to | 6 |
| be repaid, directly or indirectly, from tax revenues. | 7 |
| Section 36. Adoption of Tax Increment Financing. | 8 |
| (a) Subsequent to the creation of an Intermodal Facilities | 9 |
| Development Zone, the Authority may both establish Special | 10 |
| Service Districts or Tax Increment Financing Districts, and, in | 11 |
| connection therewith, issue bonds in accordance with the | 12 |
| procedures and purposes set forth in the Property Tax Code and | 13 |
| Section 11-74.4-1 of the Illinois Municipal Code as if the | 14 |
| Authority were a "municipality" within the meaning of the said | 15 |
| Acts, except that no proof of blight need be shown in | 16 |
| establishing such districts within the zone. | 17 |
| (b) If (i) a redevelopment project area is, will be, or has | 18 |
| been created by a municipality under Division 74.4 of the | 19 |
| Illinois Municipal Code, (ii) the redevelopment project area | 20 |
| contains property that is located in an Intermodal Facilities | 21 |
| Development Zone, (iii) the municipality adopts an amendment to | 22 |
| the Intermodal Facilities Development Zone designating | 23 |
| ordinance pursuant to Section 23 of this Act specifically | 24 |
| concerning the abatement of taxes on property located within a | 25 |
| redevelopment project area created pursuant to Division 74.4 of | 26 |
| the Illinois Municipal Code, and (iv) the Department certifies | 27 |
| the ordinance amendment, then the property that is located in | 28 |
| both the Intermodal Facilities Development Zone and the | 29 |
| redevelopment project area shall not be eligible for the | 30 |
| abatement of taxes under Section 18-170 of the Property Tax | 31 |
| Code. | 32 |
| (c) This Section applies to all property located within | 33 |
| both a redevelopment project area adopted under Division 74.4 | 34 |
| of the Illinois Municipal Code and an Intermodal Facilities | 35 |
| Development Zone even if the redevelopment project area was |
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| adopted before the effective date of this Act. | 2 |
| (d) After July 1, 2005, if (i) a redevelopment project area | 3 |
| is created by a municipality under Division 74.4 of the | 4 |
| Illinois Municipal Code and (ii) the redevelopment project area | 5 |
| contains property that is located in an Intermodal Facilities | 6 |
| Development Zone, the municipality must adopt an amendment to | 7 |
| the certified Intermodal Facilities Development Zone | 8 |
| designating ordinance under Section 23 that the property that | 9 |
| is located in both the Intermodal Facilities Development Zone | 10 |
| and the redevelopment project area shall not be eligible for | 11 |
| any abatement of taxes under Section 18-170 of the Property Tax | 12 |
| Code for new improvements or the renovation or rehabilitation | 13 |
| of existing improvements. | 14 |
| Section 37. Railroad Terminal Safety. The Authority and any | 15 |
| other owner or lessee of any terminal or terminal facility, | 16 |
| including a railroad company (railroad), may operate a | 17 |
| commercially constructed electric fence (electric fence) for | 18 |
| the purpose of homeland security and the general public welfare | 19 |
| on its terminals larger than 50 acres (terminal). The Authority | 20 |
| and any municipalities, counties, townships and other local | 21 |
| units of government where the terminal operates (local | 22 |
| government) shall be exempt from liability related to the use | 23 |
| of any and all electric fences used by the owner or lessee. The | 24 |
| owner or lessee shall properly operate and maintain the | 25 |
| electric fence as certified by a qualified electrician. The | 26 |
| owner or lessee may be required to construct external fences or | 27 |
| landscaping ordered by the Authority or the local government | 28 |
| for the purpose of aesthetics. The local government may request | 29 |
| a reasonable installation fee for the installation of an | 30 |
| electric fence. If the local government establishes specific | 31 |
| codes or ordinances governing the installation or use, or both, | 32 |
| of electric fences for industrial use, without prohibiting | 33 |
| same, the provisions of this Section will be thereby | 34 |
| superseded. Unless and until such code or ordinance is | 35 |
| established the owner or lessee shall install and operate any |
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| electric fence in accordance with 60335-2-76(c) IEC; 1997 | 2 |
| Standards for Electric Fencing and maintain adequate notice | 3 |
| posted at the site of the electric fence. | 4 |
| Section 40. Acquisition. | 5 |
| (a) The Authority may, but need not, acquire title to any | 6 |
| project with respect to which it exercises its authority. | 7 |
| (b) The Authority shall have power to acquire by purchase, | 8 |
| lease, gift, or otherwise any property or rights therein from | 9 |
| any person, the State of Illinois, any municipal corporation, | 10 |
| any local unit of government, the government of the United | 11 |
| States, any agency or instrumentality of the United States, any | 12 |
| body politic, or any county useful for its purposes, whether | 13 |
| improved for the purposes of any prospective project or | 14 |
| unimproved. The Authority may also accept any donation of funds | 15 |
| for its purposes from any of those sources. | 16 |
| (c) The Authority shall have power to develop, construct, | 17 |
| and improve, either under its own direction or through | 18 |
| collaboration with any approved applicant, or to acquire | 19 |
| through purchase or otherwise any commercial or industrial | 20 |
| project, using for that purpose the proceeds derived from its | 21 |
| sale of bonds, notes, or other evidences of indebtedness or | 22 |
| governmental loans or grants, and to hold title in the name of | 23 |
| the Authority to those projects. | 24 |
| (d) All property owned by the Authority shall be exempt | 25 |
| from property taxes. Any property owned by the Authority and | 26 |
| leased to an entity that is not exempt shall remain exempt. The | 27 |
| leasehold interest of the lessee shall be assessed under | 28 |
| Section 9-195 of the Property Tax Code. | 29 |
| Section 41. Eminent Domain. | 30 |
| (a) Unless the designation ordinance specifically | 31 |
| eliminates this power, the Authority may take and acquire | 32 |
| possession by eminent domain of any property or interest in | 33 |
| property which the Authority is authorized to acquire under | 34 |
| this Act. The power of eminent domain may be exercised by |
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| ordinance of the Authority, and shall extend to all types of | 2 |
| interests in property, both real and personal (including | 3 |
| without limitation easements for access purposes to and rights | 4 |
| of concurrent usage of existing or planned railroad | 5 |
| facilities), whether or not the property is public property or | 6 |
| is devoted to public use and whether or not the property is | 7 |
| owned or held by a railroad, except as specifically limited by | 8 |
| this Act. | 9 |
| (b) The Authority shall exercise the power of eminent | 10 |
| domain granted in this Section in the manner provided for the | 11 |
| exercise of the right of eminent domain under Article VII of | 12 |
| the Code of Civil Procedure, as now or hereafter amended, | 13 |
| excluding the authority provided in Sections 7-103 through | 14 |
| 7-112 of the Code of Civil Procedure providing for immediate | 15 |
| possession in such proceedings, and except that those | 16 |
| provisions of Section 7-102 of that Code requiring prior | 17 |
| approval of the Illinois Commerce Commission in certain | 18 |
| instances shall apply to eminent domain proceedings by the | 19 |
| Authority only as to any taking or damaging by the Authority of | 20 |
| any real property of a railroad not used for public | 21 |
| transportation or of any real property of other public | 22 |
| utilities. | 23 |
| (c) The Authority may exercise the right of eminent domain | 24 |
| to acquire public property only upon the concurrence of 2/3 of | 25 |
| the then Board. In any proceeding for the taking of public | 26 |
| property by the Authority through the exercise of the power of | 27 |
| eminent domain the venue shall be in the Circuit Court of the | 28 |
| county in which the property is located. The right of eminent | 29 |
| domain may be exercised only upon a written finding adopted by | 30 |
| concurrence of 2/3 of the then Board, after public hearing and | 31 |
| a written study done for the Authority, that such taking is | 32 |
| necessary to accomplish the purposes of this Act, that no | 33 |
| feasible alternatives to such taking exist, and that the | 34 |
| advantages to the public from such taking exceed the | 35 |
| disadvantages to the public of doing so. No property dedicated | 36 |
| as a nature preserve pursuant to the "Illinois Natural Areas |
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| Preservation Act", as now or hereafter amended, may be acquired | 2 |
| in eminent domain by the Authority. | 3 |
| Section 45. Designation of Depository. The Authority shall | 4 |
| biennially designate a national or State bank or banks as | 5 |
| depositories of its money. Those depositories shall be | 6 |
| designated only within the State and upon condition that bonds | 7 |
| approved as to form and surety by the Authority and at least | 8 |
| equal in amount to the maximum sum expected to be on deposit at | 9 |
| any one time shall be first given by the depositories to the | 10 |
| Authority, those bonds to be conditioned for the safekeeping | 11 |
| and prompt repayment of the deposits. When any of the funds of | 12 |
| the Authority shall be deposited by the treasurer in any such | 13 |
| depository, the treasurer and the sureties on his official bond | 14 |
| shall, to that extent, be exempt from liability for the loss of | 15 |
| any of the deposited funds by reason of the failure, | 16 |
| bankruptcy, or any other act or default of the depository. | 17 |
| However, the Authority may accept assignments of collateral by | 18 |
| any depository of its funds to secure the deposits to the same | 19 |
| extent and conditioned in the same manner as assignments of | 20 |
| collateral are permitted by law to secure deposits of the funds | 21 |
| of any city. | 22 |
| Section 50. Reports. Each Authority shall annually submit a | 23 |
| report of its finances to the Auditor General and to the Chief | 24 |
| Officer of each municipality or county creating that Authority. | 25 |
| Each Authority shall annually submit a report of its activities | 26 |
| to the Governor and General Assembly. | 27 |
| Section 55. Abolition of Authority. An Authority shall be | 28 |
| abolished upon the last to occur of the following: (1) | 29 |
| expiration of the term set forth in the designation ordinance; | 30 |
| or (2) one year after all bonds, notes, and other evidences of | 31 |
| indebtedness of the Authority have been fully paid and | 32 |
| discharged or otherwise provided for, whichever is later. Upon | 33 |
| the abolition of an Authority, all of its rights and property |
|
|
|
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| shall pass to and be vested in the creating municipalities and | 2 |
| counties, in proportionate shares. | 3 |
| Section 60. The Retailers' Occupation Tax Act is amended by | 4 |
| adding Section 1p as follows: | 5 |
| (35 ILCS 120/1p new)
| 6 |
| Sec. 1p. Building materials for Intermodal Facilities | 7 |
| Development Zones. Each retailer who makes a qualified sale of | 8 |
| building materials to be incorporated into real estate in an | 9 |
| Intermodal Facilities Development Zone established by an | 10 |
| Authority created pursuant to statute by remodeling, | 11 |
| rehabilitating or new construction, may deduct receipts from | 12 |
| such sales when calculating the tax imposed by this Act. For | 13 |
| purposes of this Section, "qualified sale" means a sale of | 14 |
| building materials that will be incorporated into real estate | 15 |
| as part of a industrial or commercial project for which a | 16 |
| Certificate of Eligibility for Sales Tax Exemption has been | 17 |
| issued by the Board of Directors of the Authority for the | 18 |
| Intermodal Facilities Development Zone in which the building | 19 |
| project is located. To document the exemption allowed under | 20 |
| this Section, the retailer must obtain from the purchaser a | 21 |
| copy of the Certificate of Eligibility for Sales Tax Exemption | 22 |
| issued by the Board of Directors into which the building | 23 |
| materials will be incorporated. The Certificate of Eligibility | 24 |
| for Sales Tax Exemption must contain: | 25 |
| (1) a statement that the commercial or industrial | 26 |
| project identified in the Certificate meets all the | 27 |
| requirements of the jurisdiction in which the project is | 28 |
| located; | 29 |
| (2) the location or address of the building project; | 30 |
| and | 31 |
| (3) the signature of the Board of Directors, or their | 32 |
| delegate, for the Intermodal Facilities Development Zone | 33 |
| in which the building project is located. | 34 |
| In addition, the retailer must obtain certification from |
|
|
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| the purchaser that contains: | 2 |
| (1) a statement that the building materials are being | 3 |
| purchased for incorporation into real estate located in an | 4 |
| Intermodal Facilities Development Zone; | 5 |
| (2) the location or address of the real estate into | 6 |
| which the building materials will be incorporated; | 7 |
| (3) the name of the Intermodal Facilities Development | 8 |
| Zone in which that real estate is located; | 9 |
| (4) a description of the building materials being | 10 |
| purchased; and | 11 |
| (5) the purchaser's signature and date of purchase. | 12 |
| The provisions of this Section are exempt from Section | 13 |
| 2-70.
| 14 |
| Section 80. Liberal Construction. This Act being necessary | 15 |
| and desirable for and intended to secure the public convenience | 16 |
| and welfare, the provisions of this Act shall be liberally | 17 |
| construed to give effect to the provisions hereof. | 18 |
| Section 90. Severability. | 19 |
| (a) The provisions of this Act and the applications thereof | 20 |
| to any person or circumstance are declared to be severable. If | 21 |
| any Section, clause, sentence, paragraph, part or provision of | 22 |
| this Act shall be held to be invalid by any Court, it shall be | 23 |
| conclusively presumed that the remaining portions of this Act | 24 |
| would have been passed by the Legislature without such invalid | 25 |
| section, clause, sentence, paragraph, part or provision. | 26 |
| (b) If the application of any Section, clause, sentence, | 27 |
| paragraph, part or provision of this Act to any person or | 28 |
| circumstance is held invalid, such invalidity shall not affect | 29 |
| the application thereof to other persons or circumstances. | 30 |
| Section 99. Effective date. This Act takes effect July 1, | 31 |
| 2005.
|
|