Full Text of SB2368 100th General Assembly
SB2368ham002 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/15/2018
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| 1 | | AMENDMENT TO SENATE BILL 2368
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Metro-East Sanitary District Act of 1974 is | 5 | | amended by changing Sections 3-1 and 3-3 as follows:
| 6 | | (70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)
| 7 | | Sec. 3-1.
The district shall be governed by a Board of | 8 | | Commissioners, consisting
of 5 commissioners. Two Three of the | 9 | | commissioners shall be residents of that
portion of the | 10 | | district in the county having the greater equalized assessed
| 11 | | valuation of the district, and 2 shall be residents of that | 12 | | portion of the
district in the other county. The appointment of | 13 | | commissioners from each
county shall be made by the chairman of | 14 | | the county board of that county
with the advice and consent of | 15 | | the county board, except that in the case of
a home rule county | 16 | | as defined by Article VII, Section 6, of the
Constitution of |
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| 1 | | 1970 the appointment shall be made by the chief executive
| 2 | | officer of the county with the advice and consent of the county | 3 | | board. Beginning on the effective date of this amendatory Act | 4 | | of the 100th General Assembly, the mayor of the largest | 5 | | municipality in the county having the greater equalized | 6 | | assessed
valuation of the district shall be an ex officio | 7 | | commissioner with a right to vote. If there is not a vacant | 8 | | commissioner position from the county having the greater | 9 | | equalized assessed valuation on the effective date of this | 10 | | amendatory Act of the 100th General Assembly, then the term of | 11 | | the last appointed commissioner from that county is terminated | 12 | | on the effective date of this amendatory Act of the 100th | 13 | | General Assembly.
| 14 | | The appointed commissioners from each county may not be | 15 | | from the same political party. Of the 5 commissioners, no more | 16 | | than 3 may be of the same political
party. Of the 3 | 17 | | commissioners from the county entitled to 3 appointments,
no | 18 | | more than 2 may be of the same political party. The 2 | 19 | | commissioners from
the other county shall not be of the same | 20 | | political party.
| 21 | | The County Board Chairman of either county may remove any | 22 | | of the appointed commissioners
from his or her county
with the | 23 | | advice and consent of the county board.
| 24 | | In the first appointments to the Board of Commissioners, | 25 | | the appointing
authority appointing 3 directors shall | 26 | | designate one appointee to serve for
a term of one year, one |
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| 1 | | for a term of 3 years and one for a term of 5
years, and the | 2 | | appointing authority appointing 2 directors shall designate
| 3 | | one to serve for a term of 2 years and one for a term of 4 | 4 | | years.
Thereafter one commissioner shall be appointed by the | 5 | | appropriate
appointing authority each year for a term of 5 | 6 | | years to succeed the
director whose term expires in that year. | 7 | | Any vacancy on the Board of
Commissioners shall be filled by | 8 | | appointment by the appropriate appointing
authority for the | 9 | | remainder of the unexpired term.
| 10 | | For the purpose of determining the ex officio commissioner, | 11 | | the county having the greater equalized assessed
valuation of | 12 | | the district shall be established on January 1 of each year, | 13 | | and the ex officio commissioner shall serve until January 1 of | 14 | | the following year. If the relative equalized assessed | 15 | | valuation changes so that the
position of the 2 counties with | 16 | | respect to majority and minority
representation on the board is | 17 | | reversed, the next appointment that would
otherwise have been | 18 | | made by the appointing authority for the county
formerly | 19 | | entitled to 3 directors shall be made by the appointing | 20 | | authority
for the other county.
| 21 | | (Source: P.A. 83-1422.)
| 22 | | (70 ILCS 2905/3-3) (from Ch. 42, par. 503-3)
| 23 | | Sec. 3-3.
(a) The board of commissioners shall be the | 24 | | corporate
authority of the district. The board shall appoint an | 25 | | Executive Director
who shall be the chief executive and |
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| 1 | | administrative officer of the district
and who shall have the | 2 | | powers provided in Article 4 of this Act. The Executive | 3 | | Director shall be a resident of the district.
| 4 | | The board may select a clerk and a treasurer.
| 5 | | The board shall, at its first meeting each year, select a | 6 | | president from
its own membership.
| 7 | | (b) The board of commissioners shall maintain the | 8 | | facilities and
properties under the district's control, or | 9 | | supervision for purposes of
maintenance, in compliance with the | 10 | | standards prescribed by the Department
of Natural Resources.
| 11 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 12 | | Section 10. (a) The Director of the Department of Natural | 13 | | Resources, on behalf of the State of Illinois, is authorized to | 14 | | exchange certain real property in St. Clair County, Illinois, | 15 | | hereinafter referred to as Parcel 1, for certain real property | 16 | | of equal or greater value in St. Clair County, Illinois, | 17 | | hereinafter referred to as Parcel 2, the Parcels being | 18 | | described as follows: | 19 | | PARCEL 1: | 20 | | Legal Description: Part of a tract described in Warranty | 21 | | Deed from the East St. Louis Park District to the People of | 22 | | the State of Illinois, date May 1, 1946 and recorded May 3, | 23 | | 1946 in Book 1044, Page 532 St. Clair County, Illinois, |
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| 1 | | described more particularly as follows: Beginning at an | 2 | | Iron Pin marking the location of a disturbed Stone | 3 | | described in the description of said tract and being the | 4 | | Southeasterly point of Lot 13 of the Final Subdivision Plat | 5 | | of Race Horse Business Park to the Village of Alorton and | 6 | | St. Clair County, Illinois, recorded June 9, 2005 in Plat | 7 | | Book 105, Pages 83-85; thence on an assumed bearing of | 8 | | North 01 degrees 36 minutes 21 seconds West along said | 9 | | tract and Lot 13, 1517.66 feet to an iron pin marking the | 10 | | Northeasterly corner of said Lot 13; thence South 89 | 11 | | degrees 33 minutes 27 seconds East, 150.10 feet; thence | 12 | | South 01 degrees 36 minutes 21 seconds East parallel to the | 13 | | East line of said Lot 13, 1683.83 feet to a line of said | 14 | | tract and Northeasterly line of the Final Subdivision Plat | 15 | | of Race Horse Business Park to the Village of Alorton and | 16 | | St. Clair County, Illinois, recorded June 9, 2005 in Plat | 17 | | Book 105, Pages 83-85; thence North 42 degrees 46 minutes | 18 | | 29 seconds West along said tract and subdivision, 227.87 | 19 | | feet to the Point of Beginning, containing 5.51 acres, more | 20 | | or less, in St. Clair County, Illinois. | 21 | | PARCEL 2: | 22 | | Legal Description: Outlot D of the Final Subdivision Plat | 23 | | of Race Horse Business Park to the Village of Alorton and | 24 | | St. Clair County, Illinois, recorded June 9, 2005 in Plat |
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| 1 | | Book 105, Pages 83-85, also being more particularly | 2 | | described as follows: A part of Lot 3 of the "Cahokia | 3 | | Commonfields" according to the plat thereof recorded in | 4 | | Plat Book "E" on Pages 16 and 17 in the St. Clair County | 5 | | Recorder's Office and being a part of U.S. Surveys 130 and | 6 | | 625 and being more particularly described as follows: | 7 | | Commencing at a pipe at the intersection of the | 8 | | Northeasterly right-of-way line of Illinois Route 15 (new | 9 | | F.A.P. Route 103 - varying width), with the Southeasterly | 10 | | line of the East Side Levee and Sanitary District Project | 11 | | 17 (Harding Ditch); thence on an assumed bearing of North | 12 | | 46 degrees 35 minutes 57 seconds East on said Southeasterly | 13 | | line, 190.99 feet to an iron pin on the Southwesterly line | 14 | | of Lot 3 of said "Cahokia Commonfields" and the Point of | 15 | | Beginning; thence continuing North 46 degrees 35 minutes 57 | 16 | | seconds East on said Southeasterly line, 1336.78 feet to a | 17 | | pipe on the Northeasterly line of said Lot 3; thence South | 18 | | 42 degrees 41 minutes 48 seconds East on said Northeasterly | 19 | | line, 382.75 feet to a pipe on the Northwesterly line of | 20 | | East Side Levee and Sanitary District Project 12; thence | 21 | | South 45 degrees 18 minutes 18 seconds West on said | 22 | | Northwesterly line 1329.54 feet to the Southwesterly line | 23 | | of said Lot 3; thence North 43 degrees 48 minutes 03 | 24 | | seconds West on said Southwesterly line, 412.76 feet to the | 25 | | Point of Beginning, containing 12.17 acres, more or less. | 26 | | (b) The conveyance of Parcel 1 as authorized by this |
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| 1 | | Section shall be made subject to existing public utilities, | 2 | | existing public roads, and any and all reservations, easements, | 3 | | encumbrances, covenants, and restrictions of record. | 4 | | (c) The Director of the Department of Natural Resources | 5 | | shall obtain an opinion of title from the Attorney General | 6 | | certifying that the State of Illinois will receive merchantable | 7 | | title to the real property referred to in this Section as | 8 | | Parcel 2. | 9 | | (d) This transaction will be to the mutual advantages of | 10 | | both parties. Each party shall be responsible for any and all | 11 | | title costs associated with their respective properties. | 12 | | Section 15. The Director of Natural Resources shall obtain | 13 | | a certified copy of the portions of this Act containing the | 14 | | title, the enacting clause, the effective date, the appropriate | 15 | | Section or Sections containing the land descriptions of the | 16 | | property to be conveyed, and this Section within 60 days after | 17 | | its effective date and, upon receipt of the payment required by | 18 | | the Section or Sections, if any payment is required, shall | 19 | | record the certified document in the Recorder' s Office in the | 20 | | County in which the land is located.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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