Public Act 096-1520
 
SB3342 EnrolledLRB096 15638 HLH 30874 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Bi-State Development Powers Act is amended  
by changing Section 1 as follows:
 



    (45 ILCS 110/1)  (from Ch. 127, par. 63s-9)



    Sec. 1. 
In further effectuation of that certain compact 
between the
States of Missouri and Illinois heretofore made and 
entered into on
September 20, 1949, the Bi-State Development 
Agency, created by and
under the aforesaid compact, is 
authorized to exercise the following
powers in addition to 
those heretofore expressly authorized by the
aforesaid 
compact:

    (1) To acquire by gift, purchase or lease, sell or 
otherwise dispose of,
and to plan, construct,
operate and 
maintain, or lease to others for operation and maintenance,

airports, wharves, docks, harbors, and industrial
parks 
adjacent to and necessary and convenient thereto, bridges, 
tunnels,
warehouses, grain
elevators, commodity and other 
storage facilities, sewage disposal
plants, passenger 
transportation facilities, and air, water, rail, motor
vehicle 
and other terminal or parking facilities;

    (2) To acquire by gift, purchase or lease; to plan, 
construct,
operate, maintain, or lease to or contract with 
others for operation and
maintenance; or lease, sell or 
otherwise dispose of to any person, firm
or corporation, 
subject to such mortgage, pledge or other security
arrangement 
that the Bi-State Development Agency may require, facilities

for the receiving, transferring, sorting, processing, 
treatment,
storage, recovery and disposal of refuse or waste, 
and facilities for
the production, conversion, recovery, 
storage, use, or use and
sale of refuse
or waste derived 
resources, fuel or energy and industrial parks adjacent
to and 
necessary and convenient thereto;

    (3) To acquire by gift, purchase or lease, to plan, 
construct,
operate, maintain, or lease to or contract with 
others for operation and
maintenance; or lease, sell or 
otherwise dispose of to any person, firm or
corporation, 
subject to such mortgage, pledge, or other security

arrangements that the Bi-State Development Agency may require, 
a
development project described as a world trade center 
consisting of one or
more buildings, structures, improvements 
and areas necessary, convenient, or
desirable for the 
centralized accommodation of functions, activities and

services for or incidental to the transportation of persons, 
and the
exchange, buying, selling and transporting of 
commodities and other
property in world trade and commerce, the 
promotion and protection of such
trade and commerce, government 
services, including but not limited to
customs houses, customs 
stores, inspection and appraisal facilities, foreign
trade 
zone, terminal and transportation facilities, parking areas, 
offices,
storage, warehouse, marketing and exhibition 
facilities and other
facilities, and accommodations for 
persons and property;

    (4) To contract with municipalities or other political 
subdivisions
for the services or use of any facility owned or 
operated by the
Bi-State Agency, or owned or operated by any 
such municipality or other
political subdivision.  The Agency is 
authorized and empowered to
cooperate with the States of 
Illinois and Missouri, with any municipality,
with the Federal 
government and with any agency or commission of any one or
more 
of the foregoing, or with any one or more of them, for and in

connection with the acquisition, clearance, replanning, 
rehabilitation,
reconstruction or redevelopment of a world 
trade center area or of any
other area forming part of a 
development project for the purpose of renewal
and improvement 
of said area and for any of the purposes of this Act, and
to 
enter into an agreement or agreements (and from time to time to 
enter
into agreements amending or supplementing the same) with 
any such
municipality, commission or agency and with the States 
of Illinois and
Missouri and with the Federal government, or 
with any one or more of them,
for or relating to such purposes;

    (5) To borrow money for any of the authorized purposes of 
the
Bi-State Development Agency, and to issue the negotiable 
notes, bonds or
other instruments in writing of the Bi-State 
Development Agency in
evidence of the sum or sums so to be 
borrowed;

    (6) To issue negotiable refunding notes, bonds or other 
instruments
in writing for the purpose of refunding, extending 
or unifying the whole
or any part of its valid indebtedness 
from time to time outstanding,
whether evidenced by notes, 
bonds or other instruments in writing;

    (7) To provide that all negotiable notes, bonds or other 
instruments
in writing issued either pursuant to subparagraph 
(4) or pursuant to
subparagraph (5) hereof shall be payable, 
both as to principal and
interest, out of the revenues 
collected for the use of any facility or
combination of 
facilities owned or operated or owned and operated by the

Bi-State Development Agency, or out of any other resources of 
the
Bi-State Development Agency, and may be further secured by 
a mortgage or
deed of trust upon any property owned by the 
Bi-State Development
Agency. All notes, bonds or other 
instruments in writing issued by the
Bi-State Development 
Agency as herein provided shall mature in not to
exceed 40 30 
years from the date thereof, shall bear interest at a rate not

exceeding 14% per annum, and shall be sold for not less than

95% of the par value thereof.  The Bi-State
Development Agency 
shall have the power
to prescribe the details of such notes, 
bonds or other instruments in
writing, and of the issuance and 
sale thereof, and shall have power to
enter into covenants with 
the holders of such notes, bonds or other
instruments in 
writing, not inconsistent with the powers herein granted
to the 
Bi-State Development Agency, without further legislative

authority;

    (8) To condemn any and all rights or property, of any kind 
or
character, necessary for the purposes of the Bi-State 
Development
Agency, subject, however, to the provisions of the 
aforesaid compact;
provided, however, that no rights or 
property of any kind or character,
now or hereafter owned, 
leased, controlled, operated or used, in whole
or in part, by 
any common carrier engaged in interstate commerce, or by
any 
grain elevator, shall be taken or appropriated by the Bi-State

Development Agency without first obtaining the written consent 
and
approval of such common carrier or of the owner or operator 
of such
grain elevator. If the property to be condemned be 
situated in the State
of Illinois, the said Agency shall follow 
the procedure of the Act of
the State of Illinois providing for 
the exercise of the right of eminent
domain, and if the 
property to be condemned be situated in the State of
Missouri, 
the said Agency shall follow the procedure provided by the
Laws 
of the State of Missouri for the appropriation of land or other

property taken for telegraph, telephone or railroad 
rights-of-way;

    (9) To contract and to be contracted with, to enter into 
limited
partnerships and joint ventures for any purpose 
authorized by this
compact, and to sue and to be sued
in 
contract;

    (10) To issue bonds for industrial, manufacturing or 
commercial facilities
located within the Bi-State Metropolitan 
District upon the security of the
revenue to be derived from 
such facilities; and, or upon any property held
or to be held 
by it.

    The State of Illinois may not expend any funds for any 
purpose
connected with the projects authorized pursuant to this 
amendatory Act of 1985.

(Source: P.A. 84-247.)

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