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House File 2110 - IntroducedA Bill ForAn Act 1establishing the quad cities regional metropolitan
2authority and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2QUAD CITIES REGIONAL METROPOLITAN AUTHORITY COMPACT
3 Section 1. NEW SECTION. 28C.1 Quad cities regional
4metropolitan authority compact.
5The state of Iowa may enter into the quad cities regional
6metropolitan authority compact with the state of Illinois if
7the state of Illinois joins the compact, in substantially the
8following form:
91. Article 1 — Short title. This compact may be cited as
10the “Quad Cities Regional Metropolitan Authority Compact”.
112. Article 2 — Authorization. The states of Illinois
12and Iowa authorize the creation of the quad cities regional
13metropolitan authority to include the territories of Scott
14county in the state of Iowa and Rock Island county in the state
15of Illinois.
163. Article 3 — Purposes. The purposes of the authority
17are to provide facilities and to foster cooperative efforts,
18all for the development and public benefit of its territory.
19This compact shall be liberally interpreted to carry out these
20purposes.
214. Article 4 — Creation. The authority is created when the
22secretary of state of Iowa certifies to the secretary of state
23of Illinois and the secretary of state of Illinois certifies
24to the secretary of state of Iowa that substantially similar
25legislation is signed into law in both Iowa and Illinois and
26congress has given its consent.
275. Article 5 — Board members. The authority shall be
28governed by a board of not more than eight members, one-half
29of whom are residents of Rock Island county, Illinois, and
30one-half of whom are residents of Scott county, Iowa. The Iowa
31members shall be chosen in the manner and for the terms fixed
32by the law of Iowa. The Illinois members shall be chosen in the
33manner and for the terms fixed by the law of Illinois.
346. Article 6 — Board officers. The board shall elect
35annually from its members a chairperson, a vice chairperson, a
-1-1secretary, and other officers it determines necessary.
27. Article 7 — Board operations. The board shall adopt
3bylaws governing its meetings, fiscal year, election of
4officers, and other matters of procedure and operation.
58. Article 8 — Board expenses and compensation.
6a. Members shall be reimbursed for reasonable expenses
7incurred while carrying out official duties.
8b. Members shall be compensated as authorized by
9substantially identical laws of the states of Illinois and
10Iowa.
119. Article 9 — Employees.
12a. The board may hire an executive director, a treasurer,
13and other employees it determines necessary and shall fix their
14qualifications, duties, compensation, and terms of employment.
15b. The executive director, treasurer, and other employees
16shall have no pension benefits or rights of collective
17bargaining other than those authorized by substantially
18identical laws of the states of Iowa and Illinois.
1910. Article 10 — General powers. The authority has the
20following general powers:
21a. To sue and be sued.
22b. To own, operate, manage, or lease facilities within
23the territory of the authority. “Facility” means an airport,
24port, wharf, dock, harbor, bridge, school, tunnel, terminal,
25industrial park, waste disposal system, mass transit system,
26parking area, road, recreational area, conservation area, or
27other project beneficial to the territory of the authority
28as authorized by substantially identical laws of the states
29of Iowa and Illinois, together with related or incidental
30fixtures, equipment, improvements, and real or personal
31property.
32c. To fix and collect reasonable fees and charges for the
33use of its facilities.
34d. To own or lease interests in real or personal property.
35e. To accept and receive money, services, property, and
-2-1other things of value.
2f. To disburse funds for its lawful activities.
3g. To enter into agreements with political subdivisions of
4the state of Illinois or Iowa or with the United States.
5h. To pledge or mortgage its property.
6i. To perform other functions necessary or incidental to its
7purposes and powers.
8j. To exercise other powers conferred by substantially
9identical laws of the states of Iowa and Illinois.
10k. To impose any tax throughout the region, subject to
11referendum approval by the voters of each county in the region,
12that may be lawfully imposed in both Iowa and Illinois, and to
13provide that such referendum language be placed on the ballot
14in each state; a tax under this paragraph shall be imposed
15for no longer than ten years unless it is reauthorized by a
16subsequent referendum in each state. The referendum in each
17state must include identical language specifying the purposes
18for which tax proceeds shall be used, and those proceeds may be
19used only for those purposes and for administrative purposes as
20provided in subsection 11, paragraph “c”.
2111. Article 11 — Taxes.
22a. Except as provided in subsection 10, paragraph “k”, the
23authority shall have no independent power to tax.
24b. A political subdivision of the state of Iowa or Illinois
25shall not impose taxes to fund the authority or any of the
26authority’s projects except as specifically authorized by
27substantially identical laws of the states of Illinois and
28Iowa.
29c. In addition to the uses specified in the referendum
30authorizing the imposition of a tax, the authority may use up
31to one percent of the total revenue derived from the tax under
32subsection 10, paragraph “k”, for administrative purposes to
33successfully carry out its duties.
3412. Article 12 — Reports. The authority shall report
35annually to the governors and legislatures of the states of
-3-1Iowa and Illinois concerning its facilities, activities, and
2finances and may make recommendations for state legislation.
313. Article 13 — Penalties. The states of Illinois
4and Iowa may provide by substantially identical laws for
5the enforcement of the ordinances of the authority and for
6penalties for the violation of those ordinances.
714. Article 14 — Substantially identical
8laws. Substantially identical laws of the states of Iowa and
9Illinois which are in effect before the authority is created
10shall apply unless the laws are contrary to or inconsistent
11with the provisions of this compact. A question of whether
12the laws of the states of Iowa and Illinois are substantially
13identical may be determined and enforced by a federal district
14court.
1515. Article 15 — Dissolution. The authority may be
16dissolved by independent action of a political subdivision of
17the state of Iowa or the state of Iowa as authorized by law
18of the state of Iowa or by independent action of a political
19subdivision of the state of Illinois or the state of Illinois
20as authorized by law of the state of Illinois.
2116. Article 16 — Subject to laws and constitutions. This
22compact, the enabling laws of the states of Iowa and Illinois,
23and the authority are subject to the laws and Constitution of
24the United States and the constitutions of the states of Iowa
25and Illinois.
2617. Article 17 — Consent of Congress. The attorneys
27general of the states of Iowa and Illinois shall jointly seek
28the consent of the Congress of the United States to enter into
29or implement this compact.
3018. Article 18 — Binding effect. This compact and
31substantially identical enabling laws are binding on the states
32of Illinois and Iowa to the full extent allowed without the
33consent of Congress. If the consent of Congress is necessary,
34this compact and substantially identical enabling laws are
35binding on the states of Iowa and Illinois to the full extent
-4-1when consent is obtained.
219. Article 19 — Signing. This compact shall be signed
3in duplicate by the authorized representatives of the states
4of Illinois and Iowa. One signed copy shall be filed with the
5secretary of state of Iowa and the other with the secretary of
6state of Illinois.
7DIVISION II
8QUAD CITIES REGIONAL METROPOLITAN AUTHORITY
9 Sec. 2. NEW SECTION. 28C.2 Citation.
10This subchapter may be cited as the “Quad Cities Regional
11Metropolitan Authority Act”.
12 Sec. 3. NEW SECTION. 28C.3 Purposes.
131. This subchapter is enabling legislation for the quad
14cities regional metropolitan authority compact entered into by
15the states of Illinois and Iowa as provided in section 28C.1.
162. The authority shall engage in strategic investments that
17can best be conducted for an areawide growth plan. The purpose
18of the plan is to positively impact the greater metropolitan
19area and improve the quality of life for area residents. The
20plan may include any of the following:
21a. Riverfront development, including flood mitigation.
22b. Regional planning and economic development.
23c. Transportation and infrastructure, including but not
24limited to any of the following:
25(1) Intermodal facilities.
26(2) Waste disposal systems.
27(3) Mass transit.
28(4) Airports.
29(5) Bridges.
30(6) River transit and ports.
31d. Cultural and recreational amenities, including but not
32limited to any of the following:
33(1) Parks.
34(2) Museums.
35(3) Trails.
-5- 1(4) Tourist and destination assets.
2(5) Zoos.
3(6) Centers for performing arts.
4(7) Botanical centers.
5e. Education.
6f. Natural resources.
7g. Related facilities, fixtures, equipment, and property
8necessary, appurtenant, or incidental to the operations
9and services specified in paragraphs “a” through “f”. The
10authority shall be supportive of, and refrain from unnecessary
11and unreasonable competition with, private and public sector
12operations when possible.
133. The establishment, maintenance, and operation of safe,
14adequate, and necessary metropolitan facilities, the creation
15of an authority having powers necessary or desirable for the
16establishment, maintenance, and operation of the metropolitan
17facilities beneficial to the territory of the authority,
18and the powers and corporate purposes and functions of the
19authority are public and governmental in nature and essential
20to the public interest in the territory of the authority.
21 Sec. 4. NEW SECTION. 28C.4 Definitions.
22As used in this chapter, unless the context otherwise
23requires:
241. “Authority” means the quad cities regional metropolitan
25authority created as provided in this subchapter.
262. “Board” means the board of commissioners of the
27authority.
283. “Cost” of any project for a metropolitan facility
29includes construction contract costs and the costs of
30engineering, architectural, technical, and legal services,
31preliminary reports, property valuations, estimates, plans,
32specifications, notices, acquisition of real and personal
33property, consequential damages or costs, easements,
34rights-of-way, supervision, inspection, testing, publications,
35printing, and provisions for contingencies.
-6- 14. “Greater metropolitan area” means the combined area of
2Rock Island county, Illinois, and Scott county, Iowa.
35. “Metropolitan area” means Rock Island county, Illinois,
4as a separate and distinct area, or Scott county, Iowa, as a
5separate and distinct area, or each as a part of the greater
6metropolitan area.
76. “Metropolitan facility” means a structure or fixture,
8equipment, or property of any kind or nature related to the
9scope laid out in section 28C.3, subsection 2, which the
10authority may construct, acquire, own, lease, or operate,
11including all related facilities necessary, appurtenant, or
12incidental to the facilities.
137. “Person” means an individual, firm, partnership,
14corporation, company, association, or joint stock association,
15and includes any trustee, receiver, assignee, or personal
16representative of any of the entities.
17 Sec. 5. NEW SECTION. 28C.5 Board of commissioners —
18appointment.
191. The authority established under this subchapter shall be
20governed by a board of commissioners. Iowa members shall be
21appointed as provided in subsection 2. The appointment of the
22commissioners shall be made in writing and shall indicate the
23legal residence of each appointee.
242. Four residents of Scott county shall be appointed to
25the board as provided in this subsection. Two members shall
26reside in the city of Davenport and shall be appointed by the
27mayor of the city of Davenport with the advice and consent of
28the city council of the city of Davenport. One member shall
29reside in the city of Bettendorf and shall be appointed by the
30mayor of the city of Bettendorf with the advice and consent of
31the city council of the city of Bettendorf. One member shall
32reside in Scott county and shall not reside in the cities of
33Davenport or Bettendorf and shall be appointed by the county
34chairperson with the advice and consent of the Scott county
35board of supervisors.
-7- 13. The membership of the board shall be gender balanced if
2possible. The appointing authorities shall strive for gender
3balance on the board and shall comply with the requirements
4of section 69.16A or similar laws of the state of Illinois
5as determined by the appointing authorities. The appointing
6authorities shall also provide representation for racial groups
7residing in the metropolitan area based on the ratio of the
8racial population to the population as a whole.
94. All projects approved by the board shall strive for
10balanced investment in both metropolitan areas.
11 Sec. 6. NEW SECTION. 28C.6 Commissioners — terms of
12office.
131. All initial appointments of commissioners shall be made
14within thirty days after the establishment of the authority.
15The authority is considered established when similar laws
16are enacted in the state of Iowa and state of Illinois.
17Each appointment shall be in writing and a certificate of
18appointment signed by the appointing officer shall be filed and
19made a matter of record in the office of the county recorder. A
20commissioner shall be appointed for a term of four years and
21shall qualify within ten days after appointment by acceptance
22and the taking of an oath or affirmation to faithfully perform
23the duties of office. Members initially appointed to the board
24of commissioners shall serve from date of appointment until
25June 30 of two or four years after the date of appointment
26and shall draw lots to determine the terms for which each
27shall be appointed. Lots shall be drawn so that one or two
28commissioners from each metropolitan area shall serve in
29each of two classes. Thereafter, commissioners shall be
30appointed for four-year terms beginning on July 1 of the year
31of appointment.
322. Within forty-five days after any vacancy occurs on the
33board by death, resignation, change of residence to outside
34of the metropolitan area, or for any other cause, a successor
35shall be appointed in the same manner as the commissioner’s
-8-1predecessor was appointed for the unexpired term of office.
2Commissioners and board officers of the board shall serve until
3a successor is appointed and qualifies. A current city or
4county elected official is ineligible to serve as commissioner.
5A former city or county elected official is ineligible to serve
6as a commissioner for two years after leaving elective office.
73. An appointed member shall not serve more than eight
8consecutive years on the board. A member who has served eight
9years on the board may be reappointed to the board after two
10years not serving on the board.
114. A city council or county board of supervisors may vote
12to remove an appointed member appointed with the advice and
13consent of the city council or county board of supervisors
14for any reason so long as the city council or county board of
15supervisors votes in favor of removal with a simple majority
16vote of all eligible members. A vote of no, abstention, or
17absent members shall be counted as voting against removal.
18 Sec. 7. NEW SECTION. 28C.7 Organization — officers —
19meetings — compensation.
201. The board of commissioners may exercise all of
21its legislative and executive powers granted under this
22subchapter. Within thirty days after the appointment of
23the initial commissioners, the board shall meet and elect a
24chairperson from among its members for a term of one year.
25The chairperson’s position shall alternate annually between a
26commissioner from one state to a commissioner from the other
27state. The board shall also select a vice-chair, secretary,
28treasurer, and other officers or employees as necessary for
29the accomplishment of its corporate objectives, none of whom
30need be a commissioner. The board, at its first meeting, shall
31define by ordinance the first and subsequent fiscal years of
32the authority, and shall adopt a corporate seal and bylaws,
33which shall determine the times for the annual election of
34officers and for other regular and special meetings of the
35board. The bylaws shall contain the rules for the transaction
-9-1of other business of the authority and for amending the bylaws.
22. Each commissioner of the authority shall devote the
3amount of time to the duties of office as the faithful
4discharge of the duties may require. The board shall reimburse
5a commissioner for actual and necessary expenses incurred in
6the performance of official duties as approved by the board.
7A commissioner shall not receive a salary or per diem for the
8performance of official duties.
93. Each commissioner shall comply with restrictions
10relating to conflicts of interests or acceptance of gifts
11as provided in chapter 68B or similar laws of the state of
12Illinois as determined by the board.
134. The commissioners shall conduct the meetings as public
14meetings with appropriate notice pursuant to chapter 21 or to
15similar laws of the state of Illinois as determined by the
16board.
175. The board shall keep and maintain its records as public
18records pursuant to chapter 22 or to similar laws of the state
19of Illinois as determined by the board.
20 Sec. 8. NEW SECTION. 28C.8 Powers and duties.
211. The authority constitutes a municipal corporation and
22body politic separate from any other municipality, state,
23or other public or governmental agency. The authority has
24the following express powers, subject to any restrictions or
25limitations contained in this subchapter, and all other powers
26incidental, necessary, convenient, or desirable to carry out
27and effectuate the express powers to:
28a. Sue and be sued.
29b. Locate, acquire, own, establish, operate, and maintain
30one or more metropolitan facilities upon any land or body of
31water within its corporate limits, and to construct, develop,
32expand, extend, and improve any metropolitan facility.
33c. Acquire, within the corporate limits of the authority,
34and in fee simple, rights in and over land or water, and
35easements upon, over, or across land or water, and leasehold
-10-1interests in land or water, and tangible and intangible
2personal property, used or useful for the location,
3establishment, maintenance, development, expansion, extension,
4or improvement of one or more metropolitan facilities. The
5acquisition may be by dedication, purchase, gift, agreement,
6lease, or by condemnation if within corporate limits of the
7authority. The authority may acquire land in fee simple
8subject to a mortgage and as part of the purchase price may
9assume the payment of the indebtedness secured by the mortgage.
10Land may be acquired, possessed, and used for its purposes by
11the authority, under a written contract for a deed conveying
12merchantable title and providing that the deed shall be placed
13in escrow and be delivered upon payment of the purchase price
14and containing other terms as are reasonably incident to the
15contract. Personal property may be purchased on an installment
16contract basis or lease-purchase contract.
17d. Operate, maintain, manage, lease with or without
18a lease-purchase option, sublease, and make and enter
19into contracts for the use, operation, or management of a
20metropolitan facility and enact regulations for the operation,
21management, or use of a metropolitan facility.
22e. Fix, charge, and collect reasonable rentals, tolls, fees,
23and charges for the use of a metropolitan facility or any part
24of a metropolitan facility. Rentals, tolls, fees, or charges
25fixed and collected for the use of a metropolitan facility
26shall be used for the construction, reconstruction, repair,
27maintenance, or operation of that metropolitan facility or the
28construction, reconstruction, repair, maintenance, or operation
29of similar metropolitan facilities.
30f. Establish and maintain streets and approaches on property
31of the authority.
32g. Remove and relocate hazards or structures on property of
33the authority.
34h. Restrict and reduce the height of objects or buildings
35on property of the authority.
-11- 1i. Accept grants, contributions, or loans from, and enter
2into contracts, leases, or other transactions with, a city,
3county, state, or federal government.
4j. Employ or enter into contracts for the employment of
5any person for professional services, necessary or desirable
6for the accomplishment of the corporate objectives of the
7authority or the proper administration, management, protection,
8or control of its property.
9k. Regulate traffic, speed, movement, and mooring of vessels
10on property of the authority.
11l. Regulate traffic, speed, movement, and parking of motor
12vehicles upon property of the authority and employ parking
13meters, signs, and other devices in the regulation of the motor
14vehicles.
15m. Contract for police and fire protection.
16n. Establish, by ordinance of the board, all regulations for
17the execution of the powers specified in this subchapter, for
18the government of the authority, and for the protection of any
19metropolitan facility within the jurisdiction of the authority,
20or deemed necessary or desirable to effect its corporate
21objectives. An ordinance may provide for the revocation,
22cancellation, or suspension of an existing privilege or
23franchise as a penalty for a second or subsequent violation
24by the holder or franchisee of a regulation pertaining to the
25enjoyment, use, or exercise of the privilege or franchise.
26The use of a metropolitan facility of the authority shall
27be subject to the reasonable regulation and control of the
28authority and upon the reasonable terms and conditions as
29established by the board.
30o. Establish a general operating fund and other funds as
31necessary.
32p. Do all acts and things necessary or convenient for
33the promotion of its business and the general welfare of the
34authority, in order to carry out the powers granted to it by
35this subchapter or any other laws.
-12- 12. The authority has no power to pledge the taxing power
2of this state or any political subdivision or agency of this
3state.
4 Sec. 9. NEW SECTION. 28C.9 Rules and ordinances.
5Rules adopted pursuant to section 28C.10 shall be contained
6in an ordinance which shall be placed on file in the office
7of the authority in typewritten or printed form for public
8inspection not less than fifteen days before adoption. The
9ordinance may impose fines as the board deems appropriate of
10not more than one hundred dollars upon conviction or guilty
11plea for each violation, and may provide that, in case of
12continuing violation, each day during which a violation occurs
13or continues constitutes a separate offense.
14 Sec. 10. NEW SECTION. 28C.10 Procedures.
15Actions of the board of a legislative character, including
16the adoption of rules and referenda, shall be in the form of an
17ordinance, and after adoption shall be filed with the secretary
18and shall be made a matter of public record in the office of the
19authority. Other action of the board shall be by resolution,
20motion, or in other appropriate form. Executive or ministerial
21duties may be delegated to one or more commissioners or to an
22authorized officer, employee, agent, or other representative
23of the authority. Six commissioners, three members from each
24state within the greater metropolitan area, constitute a quorum
25to conduct business, and an affirmative vote of a majority of
26the commissioners from each metropolitan area is required to
27adopt or approve an action of the board. The enacting clause
28of any ordinance shall be substantially as follows:
29Be it ordained by the Board of Commissioners of the Quad
30Cities Regional Metropolitan Authority
31 Sec. 11. NEW SECTION. 28C.11 Official records — bond for
32officers and employees.
331. The board shall provide for the safekeeping of its
34permanent records and for the recording of the corporate action
35of the authority. The board shall keep a true and accurate
-13-1account of its receipts and an annual audit shall be made of
2its books, records, and accounts by state or private auditors.
32. All officers and employees authorized to receive or
4retain the custody of moneys or to sign vouchers, checks,
5warrants, or evidences of indebtedness binding upon the
6authority shall furnish surety bond for the faithful
7performance of their duties and the faithful accounting for
8all moneys that may come into their custody in an amount to be
9fixed and in a form to be approved by the board.
10 Sec. 12. NEW SECTION. 28C.12 Change of name.
11The board may change the name of the authority by ordinance.
12A certified copy of the ordinance shall be filed with the
13appropriate state office and the county recorder or equivalent
14county officer of each county in which the authority or part of
15the authority is located. The name change shall be effective
16on the date of the filing.
17 Sec. 13. NEW SECTION. 28C.13 Budget and appropriation.
181. Annually, the board shall prepare and adopt a budget and
19provide appropriations as provided in this section.
202. The budget shall show the amount required for each class
21of proposed expenditures, a comparison of the amounts proposed
22to be expended with the amounts expended for like purposes
23for the two preceding years, if available, and the sources of
24revenue.
253. Not less than twenty days before the date that a budget
26must be certified as determined by the board and not less than
27ten days before the date set for the hearing under subsection
284, the board shall file the budget with the treasurer of the
29authority. The treasurer shall post a copy of the budget in
30the authority offices for public inspection and comment.
314. The board shall set a time and place for a public hearing
32on the budget before the final certification date and shall
33publish notice of the hearing not less than ten nor more than
34twenty days prior to the hearing in one or more newspapers
35serving the greater metropolitan area. Proof of publication
-14-1shall be filed with and preserved by the treasurer.
25. At the hearing, any resident or taxpayer of the greater
3metropolitan area may present to the board objections to or
4arguments in favor of any part of the budget.
56. After the hearing, the board shall adopt by resolution a
6budget and shall direct the treasurer to properly certify and
7file the budget.
87. The board shall appropriate, by resolution, the amounts
9deemed necessary for the ensuing fiscal year. All revenue from
10taxes, fees, tolls, rental, charges, bonds, or any other source
11shall be appropriated and used for the specific metropolitan
12facility project for which it was collected or similar
13metropolitan facility projects. Increases or decreases in
14these appropriations do not require a budget amendment, but may
15be provided by resolution at a regular meeting of the board.
16 Sec. 14. NEW SECTION. 28C.14 Local occupation and use
17taxes.
181. If the authority secures a majority vote in both
19jurisdictions, the department of revenue shall impose the tax
20structure approved in the referendum within the metropolitan
21area located in Iowa.
222. The department of revenue shall, upon collecting taxes
23as provided in this section, pay such taxes over to the state
24treasurer as trustee for the authority. Such taxes shall be
25held in a trust fund outside the state treasury, to be known
26as the quad cities regional metropolitan authority tax fund.
27On or before the twenty-fifth day of each calendar month,
28the department of revenue shall prepare and certify to the
29director of the department of management the amount to be paid
30to the authority, which shall be the then balance in the fund,
31less any amount determined by the department of revenue to be
32necessary for the payment of refunds. Within ten days after
33receipt by the director of the department of management of such
34certification of the amount to be paid to the authority, the
35director of the department of management shall cause an order
-15-1to be drawn for such payment for such amount in accordance with
2the direction in such certification.
33. The proceeds of a tax imposed under this section shall
4be credited to the general operating fund of the authority.
5When the referendum authorizing the imposition of the tax
6is adopted and an ordinance or resolution is adopted and a
7certified copy of the ordinance or resolution is filed with
8the department of revenue, the department shall proceed to
9administer and enforce this section as of the first day of the
10fourth month following the filing of ordinance or resolution
11with the department of revenue. For any subsequent periods, an
12ordinance or resolution imposing, suspending, or discontinuing
13the tax under this section shall be adopted and a certified
14copy of the ordinance or resolution filed with the department
15of revenue on or before the first day of October, whereupon the
16department of revenue shall proceed to administer and enforce
17this section as of the first day of January next following that
18adoption and filing.
19 Sec. 15. NEW SECTION. 28C.15 Existing jurisdictions.
20Existing jurisdictions, including those involving airports,
21mass transit, river bridges, waste disposal systems, schools,
22and intermodal water ports within their jurisdictional
23boundaries, are protected from incorporation by the authority
24and shall not be incorporated in the authority except by their
25respective governing bodies. However, an existing jurisdiction
26may negotiate with the authority to take over its entire
27powers, incomes, and debts. The authority may assume the
28powers, income, and debts for any type of facility authorized
29by this subchapter.
30 Sec. 16. NEW SECTION. 28C.16 Cooperation with other
31governments.
32The authority may apply for and receive a grant or loan
33of moneys or other financial aid from the state or federal
34government or from any state or federal agency, department,
35bureau, or board, necessary or useful for the undertaking,
-16-1performance, or execution of any of its corporate objectives
2or purposes, and the authority may undertake the acquisition,
3establishment, construction, development, expansion, extension,
4or improvement of metropolitan facilities within its corporate
5limits or within or upon any body of water within the corporate
6limits aided by, in cooperation with, or as a joint enterprise
7with the state or federal governments or with the aid of, or
8in cooperation with, or as a joint project with the state and
9federal governments. The authority shall assure, in compliance
10with any state or federal requirements or directives, that the
11proceeds of a state or federal grant, loan, or other financial
12assistance for the provision of facilities or services are used
13for the express purpose of the financial assistance and to the
14specific benefit of service areas or persons as designated by
15the local, state, or federal funding provider.
16 Sec. 17. NEW SECTION. 28C.17 Transfer of existing
17facilities.
181. Any county, city, commission, authority, or person
19may sell, lease, lend, grant, or convey to the authority, a
20facility or any part of a facility, or any interest in real
21or personal property which may be used by an authority in the
22construction, improvement, maintenance, leasing, or operation
23of any metropolitan facilities. Any county, city, commission,
24authority, or person may transfer and assign over to the
25authority a contract which may have been awarded by the county,
26city, commission, authority, or person for the construction of
27facilities not begun or, if begun, not completed.
282. A proposed action of the board, and a proposed
29agreement to acquire, shall be approved by the governing
30body of the owner of the facilities. If the governing body
31of a county, city, commission, or authority desires to sell,
32lease, lend, grant, or convey to the authority a facility
33or any part of a facility, the governing body shall adopt a
34resolution signifying its intention to do so and shall publish
35the resolution at least one time in a newspaper of general
-17-1circulation in the county and in a newspaper or newspapers,
2if necessary, of general circulation in the area served by
3the county, city, commission, or authority giving notice of a
4hearing to be held on the question of the sale, lease, loan,
5grant, or conveyance. The resolution shall be published at
6least fourteen days prior to the date of hearing. After
7the hearing and if in the public interest, the county, city,
8commission, or authority shall enact an ordinance authorizing
9the sale, lease, loan, grant, or conveyance.
103. An owner transferring an existing facility to the
11authority under this section shall notify the board of and
12make provision in the transfer documents for, where necessary,
13existing rights, liens, securities, and rights of reentry
14belonging to the state or federal government.
154. This section, without reference to any other law, shall
16be deemed complete authority for the acquisition by agreement,
17of a facility as provided in subsection 1, and no proceedings
18or other action shall be required except as prescribed in this
19subchapter.
20 Sec. 18. NEW SECTION. 28C.18 Moneys of the authority.
21Moneys of the authority shall be paid to the treasurer
22of the authority who shall not commingle the moneys with any
23other moneys, but shall deposit them in a separate account or
24accounts. Moneys in the accounts shall be paid out on check
25of the treasurer on requisition of the chairperson of the
26authority, or of another person as the authority may authorize
27to make the requisition. An authority may deposit any of its
28rates, fees, rentals, or other charges, receipts, or income
29with any bank or trust company that is federally insured.
30 Sec. 19. NEW SECTION. 28C.19 Award of contracts.
31All contracts entered into by an authority for the
32construction, reconstruction, and improvement of metropolitan
33facilities shall be entered into pursuant to and shall
34comply with applicable state laws. However, if an authority
35determines an emergency exists, it may enter into contracts
-18-1obligating the authority for not in excess of one hundred
2thousand dollars per emergency without regard to the
3requirements of applicable state laws, and the authority may
4proceed with the necessary action as expeditiously as possible
5to the extent necessary to resolve the emergency.
6 Sec. 20. NEW SECTION. 28C.20 Exemption from taxation.
7Since the authority is performing essential governmental
8functions, the authority is not required to pay any taxes or
9assessments of any kind or nature upon any property required
10or used by it for its purposes, or any rates, fees, rentals,
11receipts, or incomes at any time received by it, and the
12bonds issued by an authority, their transfer, and the income,
13including any profits made on the sale of the bonds, is
14deductible in determining net income for the purposes of the
15state individual and corporate income tax under chapter 422,
16divisions II and III, and shall not be taxed by any political
17subdivision of this state.
18 Sec. 21. NEW SECTION. 28C.21 Dissolution.
191. The authority shall be dissolved by a unanimous vote of
20the board.
212. The authority shall provide by ordinance for the disposal
22of any remaining property, the proceeds of which shall first be
23applied against any outstanding obligation of the authority.
24The remaining balance shall be divided between the counties
25included in the authority and credited to the general funds of
26the respective counties.
27 Sec. 22. NEW SECTION. 28C.22 Supremacy of compact.
28The provisions of this subchapter are subject to all of the
29provisions of the quad cities regional metropolitan authority
30compact provided for in section 28C.1.
31DIVISION III
32CONFORMING CHANGES
33 Sec. 23. Section 28J.15, Code 2020, is amended to read as
34follows:
3528J.15 Limitation on certain powers of political
-19-1subdivisions.
2A political subdivision creating or participating in the
3creation of a port authority in accordance with section 28J.2
4shall not, during the time the port authority is in existence,
5exercise the rights and powers provided in chapters 28A,
628C, 28K, and 384 relating to the political subdivision’s
7authority over a port, wharf, dock, harbor or other facility
8substantially similar to that political subdivision’s authority
9under a port authority granted under this chapter.
10DIVISION IV
11EFFECTIVE DATE
12 Sec. 24. EFFECTIVE DATE. This Act, being deemed of
13immediate importance, takes effect upon enactment.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill establishes the quad cities regional metropolitan
18authority compact. The bill is organized into divisions.
19DIVISION I — QUAD CITIES REGIONAL METROPOLITAN AUTHORITY
20COMPACT. Division I of the bill enacts the quad cities
21regional metropolitan authority compact. The bill creates the
22quad cities regional metropolitan authority (“the authority”)
23upon the enactment of the compact in both Illinois and Iowa.
24The authority consists of Rock Island county, Illinois, and
25Scott county, Iowa. The compact provides that the authority
26shall be governed by a board of not more than eight members,
27with half being residents of Rock Island county and half being
28residents of Scott county. Members of the board shall be
29reimbursed for reasonable expenses and shall be compensated as
30provided in substantially similar laws of Iowa and Illinois.
31The board shall annually elect officers and may hire employees.
32The authority has the power to sue and be sued, to own and
33operate facilities and property within the territory of the
34authority, to charge fees for the use of authority facilities,
35to accept and receive property and services, to disburse
-20-1funds for its lawful activities, to enter into agreements
2with political entities, to pledge or mortgage its property,
3to perform other necessary and incidental functions, to
4exercise other powers conferred by substantially identical
5laws of Iowa and Illinois, and to impose taxes approved by
6a referendum of voters in the territory of the authority.
7Political subdivisions of Iowa and Illinois shall not impose
8taxes to fund the authority except as provided in substantially
9identical laws of Iowa and Illinois. Iowa and Illinois may
10enact substantially identical laws to enforce the ordinances of
11the authority. The authority may be dissolved by a political
12subdivision of Illinois or Iowa as provided by law of Illinois
13or Iowa, respectively. The compact requires the attorneys
14general of each state to seek the consent of Congress to enter
15into the compact.
16DIVISION II — QUAD CITIES REGIONAL METROPOLITAN AUTHORITY.
17 Division II of the bill enacts enabling laws for the
18functioning of the authority. The purpose of the authority is
19to engage in strategic investments that can best be conducted
20for an areawide growth plan.
21The bill provides that four residents of Scott county
22shall be appointed to the board of commissioners governing
23the authority. Two shall reside in Davenport and shall be
24appointed by the mayor of Davenport with the advice and consent
25of the city council. One member shall reside in Bettendorf and
26shall be appointed by the mayor of Bettendorf with the advice
27and consent of the city council. One member shall reside
28in Scott county but not in Davenport or Bettendorf and shall
29be appointed by the county chairperson with the advice and
30consent of the board of supervisors. The board shall be gender
31balanced if possible and appointing authorities shall provide
32for representation of racial minorities. Initial commissioners
33shall be made within 30 days of establishment of the authority
34and shall serve for terms of two or four years. Thereafter,
35all commissioners shall serve terms of four years. Members
-21-1shall not serve more than eight consecutive years on the board
2and may serve on the board again after two years off the board.
3A city council or county board of supervisors may vote to
4remove a board member appointed with the advice and consent of
5the city council or county board of supervisors.
6The board shall annually elect a chairperson, and the
7position of chairperson shall alternate annually between a
8resident of Rock Island county and a resident of Scott county.
9Meetings of the board shall be public meetings and records of
10the board shall be public records.
11The bill expands the powers granted to the authority by
12the compact, including by allowing the authority to contract
13for police and fire protections, regulate traffic, establish
14ordinances, and establish a general and other necessary funds.
15Ordinances imposed by the authority shall not impose fines
16of more than $100. Actions of the board of a legislative
17character shall be in the form of an ordinance, and other
18actions shall be by resolution, motion, or other appropriate
19form. An officer or employee of the board authorized to
20conduct financial business on behalf of the board shall furnish
21a surety bond. The authority may be dissolved by a unanimous
22vote of the board, which shall provide for the disposition of
23any remaining property and obligations of the authority.
24The board may change the name of the authority by ordinance.
25The board shall annually prepare and adopt a budget for the
26authority. Contracts awarded by the authority shall comply
27with the applicable laws of Illinois and Iowa.
28The authority may impose a local occupation or use tax if it
29secures a majority vote in both Rock Island county and Scott
30county. Such a tax shall be administered by the departments of
31revenue of both Illinois and Iowa.
32Jurisdictions within Scott county and Rock Island county
33are not incorporated into the authority. However, such a
34jurisdiction may negotiate with the authority to transfer
35the jurisdiction’s powers, income, debts, and facilities
-22-1to the authority, or to transfer only facilities under the
2jurisdiction’s control to the authority. The authority may
3apply for and receive grants and loans from other governmental
4entities. Moneys of the authority shall be kept in a separate
5fund in any federally insured bank or trust company. Moneys of
6the authority are exempt from taxation.
7The provisions of Division II are subordinate to the
8provision of the quad cities regional metropolitan authority
9compact.
10The bill may cause a state agency or political subdivision to
11offer for sale to the public a service or product that competes
12with private enterprise.
13DIVISION III — CONFORMING CHANGES. This division makes a
14conforming change to Code section 28J.15 regarding the creation
15of and participation in port authorities.
16DIVISION IV — EFFECTIVE DATE. The bill becomes effective
17upon enactment.
-23-ss/jh
2authority and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2QUAD CITIES REGIONAL METROPOLITAN AUTHORITY COMPACT
3 Section 1. NEW SECTION. 28C.1 Quad cities regional
4metropolitan authority compact.
5The state of Iowa may enter into the quad cities regional
6metropolitan authority compact with the state of Illinois if
7the state of Illinois joins the compact, in substantially the
8following form:
91. Article 1 — Short title. This compact may be cited as
10the “Quad Cities Regional Metropolitan Authority Compact”.
112. Article 2 — Authorization. The states of Illinois
12and Iowa authorize the creation of the quad cities regional
13metropolitan authority to include the territories of Scott
14county in the state of Iowa and Rock Island county in the state
15of Illinois.
163. Article 3 — Purposes. The purposes of the authority
17are to provide facilities and to foster cooperative efforts,
18all for the development and public benefit of its territory.
19This compact shall be liberally interpreted to carry out these
20purposes.
214. Article 4 — Creation. The authority is created when the
22secretary of state of Iowa certifies to the secretary of state
23of Illinois and the secretary of state of Illinois certifies
24to the secretary of state of Iowa that substantially similar
25legislation is signed into law in both Iowa and Illinois and
26congress has given its consent.
275. Article 5 — Board members. The authority shall be
28governed by a board of not more than eight members, one-half
29of whom are residents of Rock Island county, Illinois, and
30one-half of whom are residents of Scott county, Iowa. The Iowa
31members shall be chosen in the manner and for the terms fixed
32by the law of Iowa. The Illinois members shall be chosen in the
33manner and for the terms fixed by the law of Illinois.
346. Article 6 — Board officers. The board shall elect
35annually from its members a chairperson, a vice chairperson, a
-1-1secretary, and other officers it determines necessary.
27. Article 7 — Board operations. The board shall adopt
3bylaws governing its meetings, fiscal year, election of
4officers, and other matters of procedure and operation.
58. Article 8 — Board expenses and compensation.
6a. Members shall be reimbursed for reasonable expenses
7incurred while carrying out official duties.
8b. Members shall be compensated as authorized by
9substantially identical laws of the states of Illinois and
10Iowa.
119. Article 9 — Employees.
12a. The board may hire an executive director, a treasurer,
13and other employees it determines necessary and shall fix their
14qualifications, duties, compensation, and terms of employment.
15b. The executive director, treasurer, and other employees
16shall have no pension benefits or rights of collective
17bargaining other than those authorized by substantially
18identical laws of the states of Iowa and Illinois.
1910. Article 10 — General powers. The authority has the
20following general powers:
21a. To sue and be sued.
22b. To own, operate, manage, or lease facilities within
23the territory of the authority. “Facility” means an airport,
24port, wharf, dock, harbor, bridge, school, tunnel, terminal,
25industrial park, waste disposal system, mass transit system,
26parking area, road, recreational area, conservation area, or
27other project beneficial to the territory of the authority
28as authorized by substantially identical laws of the states
29of Iowa and Illinois, together with related or incidental
30fixtures, equipment, improvements, and real or personal
31property.
32c. To fix and collect reasonable fees and charges for the
33use of its facilities.
34d. To own or lease interests in real or personal property.
35e. To accept and receive money, services, property, and
-2-1other things of value.
2f. To disburse funds for its lawful activities.
3g. To enter into agreements with political subdivisions of
4the state of Illinois or Iowa or with the United States.
5h. To pledge or mortgage its property.
6i. To perform other functions necessary or incidental to its
7purposes and powers.
8j. To exercise other powers conferred by substantially
9identical laws of the states of Iowa and Illinois.
10k. To impose any tax throughout the region, subject to
11referendum approval by the voters of each county in the region,
12that may be lawfully imposed in both Iowa and Illinois, and to
13provide that such referendum language be placed on the ballot
14in each state; a tax under this paragraph shall be imposed
15for no longer than ten years unless it is reauthorized by a
16subsequent referendum in each state. The referendum in each
17state must include identical language specifying the purposes
18for which tax proceeds shall be used, and those proceeds may be
19used only for those purposes and for administrative purposes as
20provided in subsection 11, paragraph “c”.
2111. Article 11 — Taxes.
22a. Except as provided in subsection 10, paragraph “k”, the
23authority shall have no independent power to tax.
24b. A political subdivision of the state of Iowa or Illinois
25shall not impose taxes to fund the authority or any of the
26authority’s projects except as specifically authorized by
27substantially identical laws of the states of Illinois and
28Iowa.
29c. In addition to the uses specified in the referendum
30authorizing the imposition of a tax, the authority may use up
31to one percent of the total revenue derived from the tax under
32subsection 10, paragraph “k”, for administrative purposes to
33successfully carry out its duties.
3412. Article 12 — Reports. The authority shall report
35annually to the governors and legislatures of the states of
-3-1Iowa and Illinois concerning its facilities, activities, and
2finances and may make recommendations for state legislation.
313. Article 13 — Penalties. The states of Illinois
4and Iowa may provide by substantially identical laws for
5the enforcement of the ordinances of the authority and for
6penalties for the violation of those ordinances.
714. Article 14 — Substantially identical
8laws. Substantially identical laws of the states of Iowa and
9Illinois which are in effect before the authority is created
10shall apply unless the laws are contrary to or inconsistent
11with the provisions of this compact. A question of whether
12the laws of the states of Iowa and Illinois are substantially
13identical may be determined and enforced by a federal district
14court.
1515. Article 15 — Dissolution. The authority may be
16dissolved by independent action of a political subdivision of
17the state of Iowa or the state of Iowa as authorized by law
18of the state of Iowa or by independent action of a political
19subdivision of the state of Illinois or the state of Illinois
20as authorized by law of the state of Illinois.
2116. Article 16 — Subject to laws and constitutions. This
22compact, the enabling laws of the states of Iowa and Illinois,
23and the authority are subject to the laws and Constitution of
24the United States and the constitutions of the states of Iowa
25and Illinois.
2617. Article 17 — Consent of Congress. The attorneys
27general of the states of Iowa and Illinois shall jointly seek
28the consent of the Congress of the United States to enter into
29or implement this compact.
3018. Article 18 — Binding effect. This compact and
31substantially identical enabling laws are binding on the states
32of Illinois and Iowa to the full extent allowed without the
33consent of Congress. If the consent of Congress is necessary,
34this compact and substantially identical enabling laws are
35binding on the states of Iowa and Illinois to the full extent
-4-1when consent is obtained.
219. Article 19 — Signing. This compact shall be signed
3in duplicate by the authorized representatives of the states
4of Illinois and Iowa. One signed copy shall be filed with the
5secretary of state of Iowa and the other with the secretary of
6state of Illinois.
7DIVISION II
8QUAD CITIES REGIONAL METROPOLITAN AUTHORITY
9 Sec. 2. NEW SECTION. 28C.2 Citation.
10This subchapter may be cited as the “Quad Cities Regional
11Metropolitan Authority Act”.
12 Sec. 3. NEW SECTION. 28C.3 Purposes.
131. This subchapter is enabling legislation for the quad
14cities regional metropolitan authority compact entered into by
15the states of Illinois and Iowa as provided in section 28C.1.
162. The authority shall engage in strategic investments that
17can best be conducted for an areawide growth plan. The purpose
18of the plan is to positively impact the greater metropolitan
19area and improve the quality of life for area residents. The
20plan may include any of the following:
21a. Riverfront development, including flood mitigation.
22b. Regional planning and economic development.
23c. Transportation and infrastructure, including but not
24limited to any of the following:
25(1) Intermodal facilities.
26(2) Waste disposal systems.
27(3) Mass transit.
28(4) Airports.
29(5) Bridges.
30(6) River transit and ports.
31d. Cultural and recreational amenities, including but not
32limited to any of the following:
33(1) Parks.
34(2) Museums.
35(3) Trails.
-5- 1(4) Tourist and destination assets.
2(5) Zoos.
3(6) Centers for performing arts.
4(7) Botanical centers.
5e. Education.
6f. Natural resources.
7g. Related facilities, fixtures, equipment, and property
8necessary, appurtenant, or incidental to the operations
9and services specified in paragraphs “a” through “f”. The
10authority shall be supportive of, and refrain from unnecessary
11and unreasonable competition with, private and public sector
12operations when possible.
133. The establishment, maintenance, and operation of safe,
14adequate, and necessary metropolitan facilities, the creation
15of an authority having powers necessary or desirable for the
16establishment, maintenance, and operation of the metropolitan
17facilities beneficial to the territory of the authority,
18and the powers and corporate purposes and functions of the
19authority are public and governmental in nature and essential
20to the public interest in the territory of the authority.
21 Sec. 4. NEW SECTION. 28C.4 Definitions.
22As used in this chapter, unless the context otherwise
23requires:
241. “Authority” means the quad cities regional metropolitan
25authority created as provided in this subchapter.
262. “Board” means the board of commissioners of the
27authority.
283. “Cost” of any project for a metropolitan facility
29includes construction contract costs and the costs of
30engineering, architectural, technical, and legal services,
31preliminary reports, property valuations, estimates, plans,
32specifications, notices, acquisition of real and personal
33property, consequential damages or costs, easements,
34rights-of-way, supervision, inspection, testing, publications,
35printing, and provisions for contingencies.
-6- 14. “Greater metropolitan area” means the combined area of
2Rock Island county, Illinois, and Scott county, Iowa.
35. “Metropolitan area” means Rock Island county, Illinois,
4as a separate and distinct area, or Scott county, Iowa, as a
5separate and distinct area, or each as a part of the greater
6metropolitan area.
76. “Metropolitan facility” means a structure or fixture,
8equipment, or property of any kind or nature related to the
9scope laid out in section 28C.3, subsection 2, which the
10authority may construct, acquire, own, lease, or operate,
11including all related facilities necessary, appurtenant, or
12incidental to the facilities.
137. “Person” means an individual, firm, partnership,
14corporation, company, association, or joint stock association,
15and includes any trustee, receiver, assignee, or personal
16representative of any of the entities.
17 Sec. 5. NEW SECTION. 28C.5 Board of commissioners —
18appointment.
191. The authority established under this subchapter shall be
20governed by a board of commissioners. Iowa members shall be
21appointed as provided in subsection 2. The appointment of the
22commissioners shall be made in writing and shall indicate the
23legal residence of each appointee.
242. Four residents of Scott county shall be appointed to
25the board as provided in this subsection. Two members shall
26reside in the city of Davenport and shall be appointed by the
27mayor of the city of Davenport with the advice and consent of
28the city council of the city of Davenport. One member shall
29reside in the city of Bettendorf and shall be appointed by the
30mayor of the city of Bettendorf with the advice and consent of
31the city council of the city of Bettendorf. One member shall
32reside in Scott county and shall not reside in the cities of
33Davenport or Bettendorf and shall be appointed by the county
34chairperson with the advice and consent of the Scott county
35board of supervisors.
-7- 13. The membership of the board shall be gender balanced if
2possible. The appointing authorities shall strive for gender
3balance on the board and shall comply with the requirements
4of section 69.16A or similar laws of the state of Illinois
5as determined by the appointing authorities. The appointing
6authorities shall also provide representation for racial groups
7residing in the metropolitan area based on the ratio of the
8racial population to the population as a whole.
94. All projects approved by the board shall strive for
10balanced investment in both metropolitan areas.
11 Sec. 6. NEW SECTION. 28C.6 Commissioners — terms of
12office.
131. All initial appointments of commissioners shall be made
14within thirty days after the establishment of the authority.
15The authority is considered established when similar laws
16are enacted in the state of Iowa and state of Illinois.
17Each appointment shall be in writing and a certificate of
18appointment signed by the appointing officer shall be filed and
19made a matter of record in the office of the county recorder. A
20commissioner shall be appointed for a term of four years and
21shall qualify within ten days after appointment by acceptance
22and the taking of an oath or affirmation to faithfully perform
23the duties of office. Members initially appointed to the board
24of commissioners shall serve from date of appointment until
25June 30 of two or four years after the date of appointment
26and shall draw lots to determine the terms for which each
27shall be appointed. Lots shall be drawn so that one or two
28commissioners from each metropolitan area shall serve in
29each of two classes. Thereafter, commissioners shall be
30appointed for four-year terms beginning on July 1 of the year
31of appointment.
322. Within forty-five days after any vacancy occurs on the
33board by death, resignation, change of residence to outside
34of the metropolitan area, or for any other cause, a successor
35shall be appointed in the same manner as the commissioner’s
-8-1predecessor was appointed for the unexpired term of office.
2Commissioners and board officers of the board shall serve until
3a successor is appointed and qualifies. A current city or
4county elected official is ineligible to serve as commissioner.
5A former city or county elected official is ineligible to serve
6as a commissioner for two years after leaving elective office.
73. An appointed member shall not serve more than eight
8consecutive years on the board. A member who has served eight
9years on the board may be reappointed to the board after two
10years not serving on the board.
114. A city council or county board of supervisors may vote
12to remove an appointed member appointed with the advice and
13consent of the city council or county board of supervisors
14for any reason so long as the city council or county board of
15supervisors votes in favor of removal with a simple majority
16vote of all eligible members. A vote of no, abstention, or
17absent members shall be counted as voting against removal.
18 Sec. 7. NEW SECTION. 28C.7 Organization — officers —
19meetings — compensation.
201. The board of commissioners may exercise all of
21its legislative and executive powers granted under this
22subchapter. Within thirty days after the appointment of
23the initial commissioners, the board shall meet and elect a
24chairperson from among its members for a term of one year.
25The chairperson’s position shall alternate annually between a
26commissioner from one state to a commissioner from the other
27state. The board shall also select a vice-chair, secretary,
28treasurer, and other officers or employees as necessary for
29the accomplishment of its corporate objectives, none of whom
30need be a commissioner. The board, at its first meeting, shall
31define by ordinance the first and subsequent fiscal years of
32the authority, and shall adopt a corporate seal and bylaws,
33which shall determine the times for the annual election of
34officers and for other regular and special meetings of the
35board. The bylaws shall contain the rules for the transaction
-9-1of other business of the authority and for amending the bylaws.
22. Each commissioner of the authority shall devote the
3amount of time to the duties of office as the faithful
4discharge of the duties may require. The board shall reimburse
5a commissioner for actual and necessary expenses incurred in
6the performance of official duties as approved by the board.
7A commissioner shall not receive a salary or per diem for the
8performance of official duties.
93. Each commissioner shall comply with restrictions
10relating to conflicts of interests or acceptance of gifts
11as provided in chapter 68B or similar laws of the state of
12Illinois as determined by the board.
134. The commissioners shall conduct the meetings as public
14meetings with appropriate notice pursuant to chapter 21 or to
15similar laws of the state of Illinois as determined by the
16board.
175. The board shall keep and maintain its records as public
18records pursuant to chapter 22 or to similar laws of the state
19of Illinois as determined by the board.
20 Sec. 8. NEW SECTION. 28C.8 Powers and duties.
211. The authority constitutes a municipal corporation and
22body politic separate from any other municipality, state,
23or other public or governmental agency. The authority has
24the following express powers, subject to any restrictions or
25limitations contained in this subchapter, and all other powers
26incidental, necessary, convenient, or desirable to carry out
27and effectuate the express powers to:
28a. Sue and be sued.
29b. Locate, acquire, own, establish, operate, and maintain
30one or more metropolitan facilities upon any land or body of
31water within its corporate limits, and to construct, develop,
32expand, extend, and improve any metropolitan facility.
33c. Acquire, within the corporate limits of the authority,
34and in fee simple, rights in and over land or water, and
35easements upon, over, or across land or water, and leasehold
-10-1interests in land or water, and tangible and intangible
2personal property, used or useful for the location,
3establishment, maintenance, development, expansion, extension,
4or improvement of one or more metropolitan facilities. The
5acquisition may be by dedication, purchase, gift, agreement,
6lease, or by condemnation if within corporate limits of the
7authority. The authority may acquire land in fee simple
8subject to a mortgage and as part of the purchase price may
9assume the payment of the indebtedness secured by the mortgage.
10Land may be acquired, possessed, and used for its purposes by
11the authority, under a written contract for a deed conveying
12merchantable title and providing that the deed shall be placed
13in escrow and be delivered upon payment of the purchase price
14and containing other terms as are reasonably incident to the
15contract. Personal property may be purchased on an installment
16contract basis or lease-purchase contract.
17d. Operate, maintain, manage, lease with or without
18a lease-purchase option, sublease, and make and enter
19into contracts for the use, operation, or management of a
20metropolitan facility and enact regulations for the operation,
21management, or use of a metropolitan facility.
22e. Fix, charge, and collect reasonable rentals, tolls, fees,
23and charges for the use of a metropolitan facility or any part
24of a metropolitan facility. Rentals, tolls, fees, or charges
25fixed and collected for the use of a metropolitan facility
26shall be used for the construction, reconstruction, repair,
27maintenance, or operation of that metropolitan facility or the
28construction, reconstruction, repair, maintenance, or operation
29of similar metropolitan facilities.
30f. Establish and maintain streets and approaches on property
31of the authority.
32g. Remove and relocate hazards or structures on property of
33the authority.
34h. Restrict and reduce the height of objects or buildings
35on property of the authority.
-11- 1i. Accept grants, contributions, or loans from, and enter
2into contracts, leases, or other transactions with, a city,
3county, state, or federal government.
4j. Employ or enter into contracts for the employment of
5any person for professional services, necessary or desirable
6for the accomplishment of the corporate objectives of the
7authority or the proper administration, management, protection,
8or control of its property.
9k. Regulate traffic, speed, movement, and mooring of vessels
10on property of the authority.
11l. Regulate traffic, speed, movement, and parking of motor
12vehicles upon property of the authority and employ parking
13meters, signs, and other devices in the regulation of the motor
14vehicles.
15m. Contract for police and fire protection.
16n. Establish, by ordinance of the board, all regulations for
17the execution of the powers specified in this subchapter, for
18the government of the authority, and for the protection of any
19metropolitan facility within the jurisdiction of the authority,
20or deemed necessary or desirable to effect its corporate
21objectives. An ordinance may provide for the revocation,
22cancellation, or suspension of an existing privilege or
23franchise as a penalty for a second or subsequent violation
24by the holder or franchisee of a regulation pertaining to the
25enjoyment, use, or exercise of the privilege or franchise.
26The use of a metropolitan facility of the authority shall
27be subject to the reasonable regulation and control of the
28authority and upon the reasonable terms and conditions as
29established by the board.
30o. Establish a general operating fund and other funds as
31necessary.
32p. Do all acts and things necessary or convenient for
33the promotion of its business and the general welfare of the
34authority, in order to carry out the powers granted to it by
35this subchapter or any other laws.
-12- 12. The authority has no power to pledge the taxing power
2of this state or any political subdivision or agency of this
3state.
4 Sec. 9. NEW SECTION. 28C.9 Rules and ordinances.
5Rules adopted pursuant to section 28C.10 shall be contained
6in an ordinance which shall be placed on file in the office
7of the authority in typewritten or printed form for public
8inspection not less than fifteen days before adoption. The
9ordinance may impose fines as the board deems appropriate of
10not more than one hundred dollars upon conviction or guilty
11plea for each violation, and may provide that, in case of
12continuing violation, each day during which a violation occurs
13or continues constitutes a separate offense.
14 Sec. 10. NEW SECTION. 28C.10 Procedures.
15Actions of the board of a legislative character, including
16the adoption of rules and referenda, shall be in the form of an
17ordinance, and after adoption shall be filed with the secretary
18and shall be made a matter of public record in the office of the
19authority. Other action of the board shall be by resolution,
20motion, or in other appropriate form. Executive or ministerial
21duties may be delegated to one or more commissioners or to an
22authorized officer, employee, agent, or other representative
23of the authority. Six commissioners, three members from each
24state within the greater metropolitan area, constitute a quorum
25to conduct business, and an affirmative vote of a majority of
26the commissioners from each metropolitan area is required to
27adopt or approve an action of the board. The enacting clause
28of any ordinance shall be substantially as follows:
29Be it ordained by the Board of Commissioners of the Quad
30Cities Regional Metropolitan Authority
31 Sec. 11. NEW SECTION. 28C.11 Official records — bond for
32officers and employees.
331. The board shall provide for the safekeeping of its
34permanent records and for the recording of the corporate action
35of the authority. The board shall keep a true and accurate
-13-1account of its receipts and an annual audit shall be made of
2its books, records, and accounts by state or private auditors.
32. All officers and employees authorized to receive or
4retain the custody of moneys or to sign vouchers, checks,
5warrants, or evidences of indebtedness binding upon the
6authority shall furnish surety bond for the faithful
7performance of their duties and the faithful accounting for
8all moneys that may come into their custody in an amount to be
9fixed and in a form to be approved by the board.
10 Sec. 12. NEW SECTION. 28C.12 Change of name.
11The board may change the name of the authority by ordinance.
12A certified copy of the ordinance shall be filed with the
13appropriate state office and the county recorder or equivalent
14county officer of each county in which the authority or part of
15the authority is located. The name change shall be effective
16on the date of the filing.
17 Sec. 13. NEW SECTION. 28C.13 Budget and appropriation.
181. Annually, the board shall prepare and adopt a budget and
19provide appropriations as provided in this section.
202. The budget shall show the amount required for each class
21of proposed expenditures, a comparison of the amounts proposed
22to be expended with the amounts expended for like purposes
23for the two preceding years, if available, and the sources of
24revenue.
253. Not less than twenty days before the date that a budget
26must be certified as determined by the board and not less than
27ten days before the date set for the hearing under subsection
284, the board shall file the budget with the treasurer of the
29authority. The treasurer shall post a copy of the budget in
30the authority offices for public inspection and comment.
314. The board shall set a time and place for a public hearing
32on the budget before the final certification date and shall
33publish notice of the hearing not less than ten nor more than
34twenty days prior to the hearing in one or more newspapers
35serving the greater metropolitan area. Proof of publication
-14-1shall be filed with and preserved by the treasurer.
25. At the hearing, any resident or taxpayer of the greater
3metropolitan area may present to the board objections to or
4arguments in favor of any part of the budget.
56. After the hearing, the board shall adopt by resolution a
6budget and shall direct the treasurer to properly certify and
7file the budget.
87. The board shall appropriate, by resolution, the amounts
9deemed necessary for the ensuing fiscal year. All revenue from
10taxes, fees, tolls, rental, charges, bonds, or any other source
11shall be appropriated and used for the specific metropolitan
12facility project for which it was collected or similar
13metropolitan facility projects. Increases or decreases in
14these appropriations do not require a budget amendment, but may
15be provided by resolution at a regular meeting of the board.
16 Sec. 14. NEW SECTION. 28C.14 Local occupation and use
17taxes.
181. If the authority secures a majority vote in both
19jurisdictions, the department of revenue shall impose the tax
20structure approved in the referendum within the metropolitan
21area located in Iowa.
222. The department of revenue shall, upon collecting taxes
23as provided in this section, pay such taxes over to the state
24treasurer as trustee for the authority. Such taxes shall be
25held in a trust fund outside the state treasury, to be known
26as the quad cities regional metropolitan authority tax fund.
27On or before the twenty-fifth day of each calendar month,
28the department of revenue shall prepare and certify to the
29director of the department of management the amount to be paid
30to the authority, which shall be the then balance in the fund,
31less any amount determined by the department of revenue to be
32necessary for the payment of refunds. Within ten days after
33receipt by the director of the department of management of such
34certification of the amount to be paid to the authority, the
35director of the department of management shall cause an order
-15-1to be drawn for such payment for such amount in accordance with
2the direction in such certification.
33. The proceeds of a tax imposed under this section shall
4be credited to the general operating fund of the authority.
5When the referendum authorizing the imposition of the tax
6is adopted and an ordinance or resolution is adopted and a
7certified copy of the ordinance or resolution is filed with
8the department of revenue, the department shall proceed to
9administer and enforce this section as of the first day of the
10fourth month following the filing of ordinance or resolution
11with the department of revenue. For any subsequent periods, an
12ordinance or resolution imposing, suspending, or discontinuing
13the tax under this section shall be adopted and a certified
14copy of the ordinance or resolution filed with the department
15of revenue on or before the first day of October, whereupon the
16department of revenue shall proceed to administer and enforce
17this section as of the first day of January next following that
18adoption and filing.
19 Sec. 15. NEW SECTION. 28C.15 Existing jurisdictions.
20Existing jurisdictions, including those involving airports,
21mass transit, river bridges, waste disposal systems, schools,
22and intermodal water ports within their jurisdictional
23boundaries, are protected from incorporation by the authority
24and shall not be incorporated in the authority except by their
25respective governing bodies. However, an existing jurisdiction
26may negotiate with the authority to take over its entire
27powers, incomes, and debts. The authority may assume the
28powers, income, and debts for any type of facility authorized
29by this subchapter.
30 Sec. 16. NEW SECTION. 28C.16 Cooperation with other
31governments.
32The authority may apply for and receive a grant or loan
33of moneys or other financial aid from the state or federal
34government or from any state or federal agency, department,
35bureau, or board, necessary or useful for the undertaking,
-16-1performance, or execution of any of its corporate objectives
2or purposes, and the authority may undertake the acquisition,
3establishment, construction, development, expansion, extension,
4or improvement of metropolitan facilities within its corporate
5limits or within or upon any body of water within the corporate
6limits aided by, in cooperation with, or as a joint enterprise
7with the state or federal governments or with the aid of, or
8in cooperation with, or as a joint project with the state and
9federal governments. The authority shall assure, in compliance
10with any state or federal requirements or directives, that the
11proceeds of a state or federal grant, loan, or other financial
12assistance for the provision of facilities or services are used
13for the express purpose of the financial assistance and to the
14specific benefit of service areas or persons as designated by
15the local, state, or federal funding provider.
16 Sec. 17. NEW SECTION. 28C.17 Transfer of existing
17facilities.
181. Any county, city, commission, authority, or person
19may sell, lease, lend, grant, or convey to the authority, a
20facility or any part of a facility, or any interest in real
21or personal property which may be used by an authority in the
22construction, improvement, maintenance, leasing, or operation
23of any metropolitan facilities. Any county, city, commission,
24authority, or person may transfer and assign over to the
25authority a contract which may have been awarded by the county,
26city, commission, authority, or person for the construction of
27facilities not begun or, if begun, not completed.
282. A proposed action of the board, and a proposed
29agreement to acquire, shall be approved by the governing
30body of the owner of the facilities. If the governing body
31of a county, city, commission, or authority desires to sell,
32lease, lend, grant, or convey to the authority a facility
33or any part of a facility, the governing body shall adopt a
34resolution signifying its intention to do so and shall publish
35the resolution at least one time in a newspaper of general
-17-1circulation in the county and in a newspaper or newspapers,
2if necessary, of general circulation in the area served by
3the county, city, commission, or authority giving notice of a
4hearing to be held on the question of the sale, lease, loan,
5grant, or conveyance. The resolution shall be published at
6least fourteen days prior to the date of hearing. After
7the hearing and if in the public interest, the county, city,
8commission, or authority shall enact an ordinance authorizing
9the sale, lease, loan, grant, or conveyance.
103. An owner transferring an existing facility to the
11authority under this section shall notify the board of and
12make provision in the transfer documents for, where necessary,
13existing rights, liens, securities, and rights of reentry
14belonging to the state or federal government.
154. This section, without reference to any other law, shall
16be deemed complete authority for the acquisition by agreement,
17of a facility as provided in subsection 1, and no proceedings
18or other action shall be required except as prescribed in this
19subchapter.
20 Sec. 18. NEW SECTION. 28C.18 Moneys of the authority.
21Moneys of the authority shall be paid to the treasurer
22of the authority who shall not commingle the moneys with any
23other moneys, but shall deposit them in a separate account or
24accounts. Moneys in the accounts shall be paid out on check
25of the treasurer on requisition of the chairperson of the
26authority, or of another person as the authority may authorize
27to make the requisition. An authority may deposit any of its
28rates, fees, rentals, or other charges, receipts, or income
29with any bank or trust company that is federally insured.
30 Sec. 19. NEW SECTION. 28C.19 Award of contracts.
31All contracts entered into by an authority for the
32construction, reconstruction, and improvement of metropolitan
33facilities shall be entered into pursuant to and shall
34comply with applicable state laws. However, if an authority
35determines an emergency exists, it may enter into contracts
-18-1obligating the authority for not in excess of one hundred
2thousand dollars per emergency without regard to the
3requirements of applicable state laws, and the authority may
4proceed with the necessary action as expeditiously as possible
5to the extent necessary to resolve the emergency.
6 Sec. 20. NEW SECTION. 28C.20 Exemption from taxation.
7Since the authority is performing essential governmental
8functions, the authority is not required to pay any taxes or
9assessments of any kind or nature upon any property required
10or used by it for its purposes, or any rates, fees, rentals,
11receipts, or incomes at any time received by it, and the
12bonds issued by an authority, their transfer, and the income,
13including any profits made on the sale of the bonds, is
14deductible in determining net income for the purposes of the
15state individual and corporate income tax under chapter 422,
16divisions II and III, and shall not be taxed by any political
17subdivision of this state.
18 Sec. 21. NEW SECTION. 28C.21 Dissolution.
191. The authority shall be dissolved by a unanimous vote of
20the board.
212. The authority shall provide by ordinance for the disposal
22of any remaining property, the proceeds of which shall first be
23applied against any outstanding obligation of the authority.
24The remaining balance shall be divided between the counties
25included in the authority and credited to the general funds of
26the respective counties.
27 Sec. 22. NEW SECTION. 28C.22 Supremacy of compact.
28The provisions of this subchapter are subject to all of the
29provisions of the quad cities regional metropolitan authority
30compact provided for in section 28C.1.
31DIVISION III
32CONFORMING CHANGES
33 Sec. 23. Section 28J.15, Code 2020, is amended to read as
34follows:
3528J.15 Limitation on certain powers of political
-19-1subdivisions.
2A political subdivision creating or participating in the
3creation of a port authority in accordance with section 28J.2
4shall not, during the time the port authority is in existence,
5exercise the rights and powers provided in chapters 28A,
628C, 28K, and 384 relating to the political subdivision’s
7authority over a port, wharf, dock, harbor or other facility
8substantially similar to that political subdivision’s authority
9under a port authority granted under this chapter.
10DIVISION IV
11EFFECTIVE DATE
12 Sec. 24. EFFECTIVE DATE. This Act, being deemed of
13immediate importance, takes effect upon enactment.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill establishes the quad cities regional metropolitan
18authority compact. The bill is organized into divisions.
19DIVISION I — QUAD CITIES REGIONAL METROPOLITAN AUTHORITY
20COMPACT. Division I of the bill enacts the quad cities
21regional metropolitan authority compact. The bill creates the
22quad cities regional metropolitan authority (“the authority”)
23upon the enactment of the compact in both Illinois and Iowa.
24The authority consists of Rock Island county, Illinois, and
25Scott county, Iowa. The compact provides that the authority
26shall be governed by a board of not more than eight members,
27with half being residents of Rock Island county and half being
28residents of Scott county. Members of the board shall be
29reimbursed for reasonable expenses and shall be compensated as
30provided in substantially similar laws of Iowa and Illinois.
31The board shall annually elect officers and may hire employees.
32The authority has the power to sue and be sued, to own and
33operate facilities and property within the territory of the
34authority, to charge fees for the use of authority facilities,
35to accept and receive property and services, to disburse
-20-1funds for its lawful activities, to enter into agreements
2with political entities, to pledge or mortgage its property,
3to perform other necessary and incidental functions, to
4exercise other powers conferred by substantially identical
5laws of Iowa and Illinois, and to impose taxes approved by
6a referendum of voters in the territory of the authority.
7Political subdivisions of Iowa and Illinois shall not impose
8taxes to fund the authority except as provided in substantially
9identical laws of Iowa and Illinois. Iowa and Illinois may
10enact substantially identical laws to enforce the ordinances of
11the authority. The authority may be dissolved by a political
12subdivision of Illinois or Iowa as provided by law of Illinois
13or Iowa, respectively. The compact requires the attorneys
14general of each state to seek the consent of Congress to enter
15into the compact.
16DIVISION II — QUAD CITIES REGIONAL METROPOLITAN AUTHORITY.
17 Division II of the bill enacts enabling laws for the
18functioning of the authority. The purpose of the authority is
19to engage in strategic investments that can best be conducted
20for an areawide growth plan.
21The bill provides that four residents of Scott county
22shall be appointed to the board of commissioners governing
23the authority. Two shall reside in Davenport and shall be
24appointed by the mayor of Davenport with the advice and consent
25of the city council. One member shall reside in Bettendorf and
26shall be appointed by the mayor of Bettendorf with the advice
27and consent of the city council. One member shall reside
28in Scott county but not in Davenport or Bettendorf and shall
29be appointed by the county chairperson with the advice and
30consent of the board of supervisors. The board shall be gender
31balanced if possible and appointing authorities shall provide
32for representation of racial minorities. Initial commissioners
33shall be made within 30 days of establishment of the authority
34and shall serve for terms of two or four years. Thereafter,
35all commissioners shall serve terms of four years. Members
-21-1shall not serve more than eight consecutive years on the board
2and may serve on the board again after two years off the board.
3A city council or county board of supervisors may vote to
4remove a board member appointed with the advice and consent of
5the city council or county board of supervisors.
6The board shall annually elect a chairperson, and the
7position of chairperson shall alternate annually between a
8resident of Rock Island county and a resident of Scott county.
9Meetings of the board shall be public meetings and records of
10the board shall be public records.
11The bill expands the powers granted to the authority by
12the compact, including by allowing the authority to contract
13for police and fire protections, regulate traffic, establish
14ordinances, and establish a general and other necessary funds.
15Ordinances imposed by the authority shall not impose fines
16of more than $100. Actions of the board of a legislative
17character shall be in the form of an ordinance, and other
18actions shall be by resolution, motion, or other appropriate
19form. An officer or employee of the board authorized to
20conduct financial business on behalf of the board shall furnish
21a surety bond. The authority may be dissolved by a unanimous
22vote of the board, which shall provide for the disposition of
23any remaining property and obligations of the authority.
24The board may change the name of the authority by ordinance.
25The board shall annually prepare and adopt a budget for the
26authority. Contracts awarded by the authority shall comply
27with the applicable laws of Illinois and Iowa.
28The authority may impose a local occupation or use tax if it
29secures a majority vote in both Rock Island county and Scott
30county. Such a tax shall be administered by the departments of
31revenue of both Illinois and Iowa.
32Jurisdictions within Scott county and Rock Island county
33are not incorporated into the authority. However, such a
34jurisdiction may negotiate with the authority to transfer
35the jurisdiction’s powers, income, debts, and facilities
-22-1to the authority, or to transfer only facilities under the
2jurisdiction’s control to the authority. The authority may
3apply for and receive grants and loans from other governmental
4entities. Moneys of the authority shall be kept in a separate
5fund in any federally insured bank or trust company. Moneys of
6the authority are exempt from taxation.
7The provisions of Division II are subordinate to the
8provision of the quad cities regional metropolitan authority
9compact.
10The bill may cause a state agency or political subdivision to
11offer for sale to the public a service or product that competes
12with private enterprise.
13DIVISION III — CONFORMING CHANGES. This division makes a
14conforming change to Code section 28J.15 regarding the creation
15of and participation in port authorities.
16DIVISION IV — EFFECTIVE DATE. The bill becomes effective
17upon enactment.
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