State of Illinois
91st General Assembly
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Public Act 91-0905

HB2261 Enrolled                                LRB9104860DHmg

    AN  ACT  to  amend  the  Upper  Illinois   River   Valley
Development Authority Act by changing Sections 4 and 7.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Upper Illinois River  Valley  Development
Authority  Act  is  amended  by  changing Sections 4 and 7 as
follows:

    (70 ILCS 530/4) (from Ch. 85, par. 7154)
    Sec. 4.  Establishment.
    (a)  There is hereby  created  a  political  subdivision,
body  politic  and  municipal  corporation  named  the  Upper
Illinois  River Valley Development Authority. The territorial
jurisdiction of the Authority is that geographic area  within
the  boundaries  of Grundy, LaSalle, Bureau, Putnam, Kendall,
Kane, McHenry, and Marshall counties in the State of Illinois
and any navigable waters and air space located therein.
    (b)  The  governing  and  administrative  powers  of  the
Authority shall be vested in  a  body  consisting  of  20  18
members including, as ex officio members, the Director of the
Department  of  Commerce and Community Affairs, or his or her
designee, and the  Director  of  the  Department  of  Central
Management  Services, or his or her designee. The other 18 16
members  of  the  Authority  shall  be   designated   "public
members",  10 of whom shall be appointed by the Governor with
the advice and consent of the Senate and 8 6 of whom shall be
appointed one each by the county board  chairmen  of  Grundy,
LaSalle, Bureau, Putnam, Kendall, Kane, McHenry, and Marshall
counties.    All  public  members  shall  reside  within  the
territorial jurisdiction of  this  Act.  Eleven  Ten  members
shall  constitute  a  quorum.  The  public  members  shall be
persons of recognized ability and experience in one  or  more
of   the  following  areas:  economic  development,  finance,
banking, industrial development, small  business  management,
real   estate  development,  community  development,  venture
finance, organized labor or civic, community or  neighborhood
organization.  The Chairman of the Authority shall be elected
by the Board annually from the 8 6 members appointed  by  the
county board chairmen.
    (c)  The  terms  of  all initial members of the Authority
shall begin 30 days after the effective date of this Act.  Of
the 14 public members  appointed  pursuant  to  this  Act,  4
appointed  by the Governor shall serve until the third Monday
in January, 1992, 4 appointed by  the  Governor  shall  serve
until the third Monday in January, 1993, one appointed by the
Governor shall serve until the third Monday in January, 1994,
one  appointed  by  the  Governor shall serve until the third
Monday in January 1999, the member appointed  by  the  county
board  chairman of LaSalle County shall serve until the third
Monday in January, 1992, the members appointed by the  county
board  chairmen  of  Grundy  County,  Bureau  County,  Putnam
County,  and  Marshall  County  shall  serve  until the third
Monday in January, 1994, and  the  member  appointed  by  the
county board chairman of Kendall County shall serve until the
third  Monday in January, 1999. The initial members appointed
by the chairmen of the county  boards  of  Kane  and  McHenry
counties shall serve until the third Monday in January, 2003.
All  successors shall be appointed by the original appointing
authority and hold office for a term of  3  years  commencing
the  third  Monday in January of the year in which their term
commences, except  in  case  of  an  appointment  to  fill  a
vacancy.  Vacancies  occurring among the public members shall
be filled for the remainder of the term. In case  of  vacancy
in  a Governor-appointed membership when the Senate is not in
session, the Governor may make a temporary appointment  until
the  next  meeting  of  the  Senate  when  a  person shall be
nominated to fill such office, and any  person  so  nominated
who  is  confirmed by the Senate shall hold office during the
remainder  of  the  term  and  until  a  successor  shall  be
appointed and qualified. Members of the Authority  shall  not
be entitled to compensation for their services as members but
shall be entitled to reimbursement for all necessary expenses
incurred  in  connection with the performance of their duties
as members.
    (d)  The Governor may remove any  public  member  of  the
Authority  in  case  of  incompetency,  neglect  of  duty, or
malfeasance in office.
    (e)  The Board shall appoint an  Executive  Director  who
shall  have  a  background  in finance, including familiarity
with the legal and procedural requirements of issuing  bonds,
real  estate or economic development and administration.  The
Executive Director shall hold office at the discretion of the
Board.   The  Executive   Director   shall   be   the   chief
administrative  and  operational  officer  of  the Authority,
shall direct and supervise  its  administrative  affairs  and
general management, shall perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation  fixed by the Authority.  The Executive Director
shall attend all  meetings  of  the  Authority;  however,  no
action  of  the  Authority shall be invalid on account of the
absence of  the  Executive  Director  from  a  meeting.   The
Authority  may  engage  the services of such other agents and
employees,  including   attorneys,   appraisers,   engineers,
accountants, credit analysts and other consultants, as it may
deem  advisable  and may prescribe their duties and fix their
compensation.
    (f)  The Board may, by majority vote, nominate  up  to  4
non-voting   members   for   appointment   by  the  Governor.
Non-voting members shall be persons of recognized ability and
experience in one or more of the  following  areas:  economic
development,  finance, banking, industrial development, small
business  management,  real  estate  development,   community
development,  venture  finance,  organized  labor  or  civic,
community  or  neighborhood  organization. Non-voting members
shall serve at the pleasure  of  the  Board.  All  non-voting
members  may  attend  meetings  of  the  Board  and  shall be
reimbursed as provided in subsection (c).
    (g)  The Board shall create a task  force  to  study  and
make recommendations to the Board on the economic development
of  the  territory  within the jurisdiction of this Act.  The
members of the task force shall reside within the territorial
jurisdiction of this Act, shall serve at the pleasure of  the
Board   and  shall  be  persons  of  recognized  ability  and
experience in one or more of the  following  areas:  economic
development,  finance, banking, industrial development, small
business  management,  real  estate  development,   community
development,  venture  finance,  organized  labor  or  civic,
community   or  neighborhood  organization.   The  number  of
members constituting the task force shall be set by the Board
and may vary from time to time.  The Board may set a specific
date by which the task force is to submit  its  final  report
and recommendations to the Board.
(Source: P.A. 89-211, eff. 8-3-95.)

    (70 ILCS 530/7) (from Ch. 85, par. 7157)
    Sec. 7.  Bonds.
    (a)  The  Authority,  with  the  written  approval of the
Governor, shall have the continuing  power  to  issue  bonds,
notes,  or  other  evidences  of indebtedness in an aggregate
amount  not  to  exceed  $250,000,000  $100,000,000  for  the
purpose of developing, constructing, acquiring  or  improving
projects,  including  those  established by business entities
locating  or  expanding  property  within   the   territorial
jurisdiction  of  the  Authority,  for  entering into venture
capital agreements  with  businesses  locating  or  expanding
within  the  territorial  jurisdiction  of the Authority, for
acquiring and improving any property necessary and useful  in
connection  therewith  and  for  the purposes of the Employee
Ownership Assistance Act.  For the purpose of evidencing  the
obligations of the Authority to repay any money borrowed, the
Authority   may,  pursuant  to  resolution, from time to time
issue and dispose of  its  interest  bearing  revenue  bonds,
notes  or  other  evidences of indebtedness and may also from
time to time issue and dispose of such bonds, notes or  other
evidences  of  indebtedness  to  refund,  at  maturity,  at a
redemption date or in advance of either, any bonds, notes  or
other   evidences  of  indebtedness  pursuant  to  redemption
provisions or at any time before maturity.  All  such  bonds,
notes  or  other  evidences  of indebtedness shall be payable
solely and only from the revenues or  income  to  be  derived
from loans made with respect to projects, from the leasing or
sale of the projects or from any other funds available to the
Authority  for  such  purposes.   The  bonds,  notes or other
evidences of indebtedness may bear such date  or  dates,  may
mature  at  such  time  or  times not exceeding 40 years from
their respective dates, may bear interest  at  such  rate  or
rates  not exceeding the maximum rate permitted by "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and  tax  anticipation  warrants  subject  to
interest  rate  limitations  set forth therein", approved May
26, 1970, as amended, may be in such  form,  may  carry  such
registration  privileges, may be executed in such manner, may
be payable at such place or places, may be  made  subject  to
redemption  in  such  manner  and  upon  such  terms, with or
without premium as is stated on  the  face  thereof,  may  be
authenticated  in  such manner and may contain such terms and
covenants as may be provided by an applicable resolution.
    (b-1)  The holder or holders of any bonds, notes or other
evidences of indebtedness issued by the Authority  may  bring
suits   at  law  or  proceedings  in  equity  to  compel  the
performance and observance by any corporation or person or by
the Authority or any  of  its  agents  or  employees  of  any
contract  or  covenant  made  with the holders of such bonds,
notes or other evidences  of  indebtedness,  to  compel  such
corporation,  person,  the Authority and any of its agents or
employees to perform any duties required to be performed  for
the  benefit of the holders of any such bonds, notes or other
evidences of indebtedness by the provision of the  resolution
authorizing  their  issuance  and to enjoin such corporation,
person, the Authority and any of its agents or employees from
taking any action in  conflict  with  any  such  contract  or
covenant.
    (b-2)  If  the Authority fails to pay the principal of or
interest on any of the bonds or premium, if any, as the  same
become   due,  a  civil  action  to  compel  payment  may  be
instituted in the appropriate circuit court by the holder  or
holders  of the bonds on which such default of payment exists
or by an indenture trustee acting on behalf of such  holders.
Delivery  of  a  summons  and  a copy of the complaint to the
Chairman of the Board shall constitute sufficient service  to
give  the circuit court jurisdiction of the subject matter of
such a suit and  jurisdiction  over  the  Authority  and  its
officers  named  as  defendants for the purpose of compelling
such payment.  Any  case,  controversy  or  cause  of  action
concerning the validity of this Act relates to the revenue of
the State of Illinois.
    (c)  Notwithstanding  the  form  and  tenor  of  any such
bonds, notes or other evidences of indebtedness  and  in  the
absence of any express recital on the face thereof that it is
non-negotiable,  all such bonds, notes and other evidences of
indebtedness shall be negotiable  instruments.   Pending  the
preparation  and  execution of any such bonds, notes or other
evidences  of  indebtedness,  temporary   bonds,   notes   or
evidences  of  indebtedness  may  be  issued  as  provided by
ordinance.
    (d)  To secure the payment of any or all of  such  bonds,
notes  or other evidences of indebtedness, the revenues to be
received by the Authority from  a  lease  agreement  or  loan
agreement  shall  be pledged, and, for the purpose of setting
forth the covenants and  undertakings  of  the  Authority  in
connection  with the issuance thereof and the issuance of any
additional bonds, notes or other  evidences  of  indebtedness
payable  from  such  revenues,  income  or  other funds to be
derived from projects, the Authority may execute and  deliver
a  mortgage  or  trust agreement.  A remedy for any breach or
default of the terms of any such mortgage or trust  agreement
by  the  Authority  may  be  by  mandamus  proceedings in the
appropriate circuit  court  to  compel  the  performance  and
compliance  therewith,  but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
    (e)  Such bonds or notes shall be secured as provided  in
the  authorizing  ordinance  which  may,  notwithstanding any
other provision of this Act, include in addition to any other
security a specific pledge or assignment of and  lien  on  or
security  interest  in  any  or  all revenues or money of the
Authority from whatever source which may by law be  used  for
debt  service purposes and a specific pledge or assignment of
and lien on or security interest in  any  funds  or  accounts
established  or  provided  for  by ordinance of the Authority
authorizing the issuance of such bonds or notes.
    (f)  In the event  that  the  Authority  determines  that
monies  of  the  Authority  will  not  be  sufficient for the
payment of the principal of and interest on its bonds  during
the  next  State  fiscal  year,  the  Chairman,  as  soon  as
practicable,   shall  certify  to  the  Governor  the  amount
required by the Authority to enable it to pay such  principal
of  and  interest on the bonds. The Governor shall submit the
amount so certified  to  the  General  Assembly  as  soon  as
practicable,  but  no later than the end of the current State
fiscal year. This Section shall not apply  to  any  bonds  or
notes as to which the Authority shall have determined, in the
resolution  authorizing  the  issuance of the bonds or notes,
that this Section shall not apply.   Whenever  the  Authority
makes such a determination, that fact shall be plainly stated
on the face of the bonds or notes and that fact shall also be
reported to the Governor.
    In  the  event  of  a withdrawal of moneys from a reserve
fund established with respect to any issue or issues of bonds
of the Authority to pay principal or interest on those bonds,
the Chairman of the Authority, as soon as practicable,  shall
certify  to  the  Governor the amount required to restore the
reserve fund to the  level  required  in  the  resolution  or
indenture securing those bonds. The Governor shall submit the
amount  so  certified  to  the  General  Assembly  as soon as
practicable, but no later than the end of the  current  State
fiscal year.
    (g)  The State of Illinois pledges to and agrees with the
holders  of  the  bonds  and  notes  of  the Authority issued
pursuant to this Section that the State  will  not  limit  or
alter  the  rights and powers vested in the Authority by this
Act so as to impair the terms of any  contract  made  by  the
Authority  with  such holders or in any way impair the rights
and remedies of such holders  until  such  bonds  and  notes,
together  with  interest thereon, with interest on any unpaid
installments of interest,  and  all  costs  and  expenses  in
connection  with any action or proceedings by or on behalf of
such holders, are fully met and discharged.  In addition, the
State pledges to and agrees with the holders of the bonds and
notes of the Authority issued pursuant to this  Section  that
the  State  will  not limit or alter the basis on which State
funds are to be paid to the Authority  as  provided  in  this
Act,  or  the use of such funds, so as to impair the terms of
any such contract.  The Authority is  authorized  to  include
these  pledges  and  agreements  of the State in any contract
with the holders of bonds or notes issued  pursuant  to  this
Section.
    (h)  Not  less  than  30  days prior to the commitment to
issue bonds, notes, or other evidences  of  indebtedness  for
the   purpose   of  developing,  constructing,  acquiring  or
improving housing or  residential  projects,  as  defined  in
Section   3,  the  Authority  shall  provide  notice  to  the
Executive  Director  of  the  Illinois  Housing   Development
Authority.   Within  30  days  after  notice is provided, the
Illinois  Housing  Development  Authority  shall  either   in
writing  express  interest in financing the project or notify
the Authority that it is not  interested  in  providing  such
financing  and  the Authority may finance the project or seek
alternative financing.
(Source: P.A. 86-1024; 86-1313; 87-158; 87-778.)

    Section 99.  Effective date. This Act takes  effect  upon
becoming law.

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