Bill Amendment: IL SB2368 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DNR-EXCHANGE REAL PROPERTY
Status: 2018-11-28 - Total Veto Stands [SB2368 Detail]
Download: Illinois-2017-SB2368-House_Amendment_002.html
Bill Title: DNR-EXCHANGE REAL PROPERTY
Status: 2018-11-28 - Total Veto Stands [SB2368 Detail]
Download: Illinois-2017-SB2368-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2368
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2 | AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metro-East Sanitary District Act of 1974 is | ||||||
5 | amended by changing Sections 3-1 and 3-3 as follows:
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6 | (70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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21 | (Source: P.A. 83-1422.)
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22 | (70 ILCS 2905/3-3) (from Ch. 42, par. 503-3)
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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.
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4 | The board may select a clerk and a treasurer.
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5 | The board shall, at its first meeting each year, select a | ||||||
6 | president from
its own membership.
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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.
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11 | (Source: P.A. 89-445, eff. 2-7-96.)
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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:
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19 | PARCEL 1:
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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.
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21 | PARCEL 2:
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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.
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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.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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