| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning local government. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Shawneetown Regional Port District Act is | |||||||||||||||||||
5 | amended by changing Section 4 as follows: | |||||||||||||||||||
6 | (70 ILCS 1850/4) (from Ch. 19, par. 404) | |||||||||||||||||||
7 | Sec. 4. The Port District has the following rights and | |||||||||||||||||||
8 | powers: | |||||||||||||||||||
9 | 1. To issue permits: for the construction of all wharves, | |||||||||||||||||||
10 | piers, dolphins, booms, weirs, breakwaters, bulkheads, | |||||||||||||||||||
11 | jetties, bridges or other structures of any kind, over, under, | |||||||||||||||||||
12 | in, or within 40 feet of any navigable waters within the Port | |||||||||||||||||||
13 | Districts; for the deposit of rock, earth, sand or other | |||||||||||||||||||
14 | material, or any matter of any kind or description in said | |||||||||||||||||||
15 | waters; except that nothing contained in this paragraph 1 | |||||||||||||||||||
16 | shall be construed so that it will be deemed necessary to | |||||||||||||||||||
17 | obtain a permit from the District for the erection, operation , | |||||||||||||||||||
18 | or maintenance of any bridge crossing a waterway which serves | |||||||||||||||||||
19 | as a boundary between the State of Illinois and any other | |||||||||||||||||||
20 | State , when said erection, operation , or maintenance is | |||||||||||||||||||
21 | performed by any city within the District; | |||||||||||||||||||
22 | 2. To prevent or remove obstructions in navigable waters, | |||||||||||||||||||
23 | including the removal of wrecks; |
| |||||||
| |||||||
1 | 3. To locate and establish dock lines and shore or harbor | ||||||
2 | lines; | ||||||
3 | 4. To regulate the anchorage, moorage and speed of water | ||||||
4 | borne vessels and to establish and enforce regulations for the | ||||||
5 | operation of bridges, except nothing contained in this | ||||||
6 | paragraph 4 shall be construed to give the District authority | ||||||
7 | to regulate the operation of any bridge crossing a water-way | ||||||
8 | which serves as a boundary between the State of Illinois and | ||||||
9 | any other State, when such operation is performed or to be | ||||||
10 | performed by any city within the District; | ||||||
11 | 5. To acquire, own, construct, lease, operate and maintain | ||||||
12 | terminals, terminal facilities and port facilities, and to fix | ||||||
13 | and collect just, reasonable, and nondiscriminatory charges | ||||||
14 | for the use of such facilities. The charges so collected shall | ||||||
15 | be used to defray the reasonable expenses of the Port District | ||||||
16 | and to pay the principal of and interest on any revenue bonds | ||||||
17 | issued by the District; | ||||||
18 | 6. To locate, establish and maintain a public airport, | ||||||
19 | public airports and public airport facilities within its | ||||||
20 | corporate limits or within or upon any body of water adjacent | ||||||
21 | thereto, and to construct, develop, expand, extend and improve | ||||||
22 | any such airport or airport facility; | ||||||
23 | 7. To operate, maintain, manage, lease, sublease, and to | ||||||
24 | make and enter into contracts for the use, operation or | ||||||
25 | management of, and to provide rules and regulations for, the | ||||||
26 | operation, management or use of, any public airport or public |
| |||||||
| |||||||
1 | airport facility; | ||||||
2 | 8. To fix, charge and collect reasonable rentals, tolls, | ||||||
3 | fees, and charges for the use of any public airport, or any | ||||||
4 | part thereof, or any public airport facility . The Port | ||||||
5 | District may impose a charge of the throughput to a company for | ||||||
6 | products being imported or exported through the Port District | ||||||
7 | from navigable waters at a rate to be set by the Port District ; | ||||||
8 | 9. To establish, maintain, extend and improve roadways and | ||||||
9 | approaches by land, water or air to any such airport and to | ||||||
10 | contract or otherwise provide, by condemnation if necessary, | ||||||
11 | for the removal of any airport hazard or the removal or | ||||||
12 | relocation of all private structures, railways, mains, pipes, | ||||||
13 | conduits, wires, poles, and all other facilities and equipment | ||||||
14 | which may interfere with the location, expansion, development, | ||||||
15 | or improvement of airports or with the safe approach thereto | ||||||
16 | or takeoff therefrom by aircraft, and to pay the cost of | ||||||
17 | removal or relocation; and, subject to the "Airport Zoning | ||||||
18 | Act", approved July 17, 1945, as amended, to adopt, administer | ||||||
19 | and enforce airport zoning regulations for territory which is | ||||||
20 | within its corporate limits or which extends not more than two | ||||||
21 | miles beyond its corporate limits; | ||||||
22 | 10. To restrict the height of any object of natural growth | ||||||
23 | or structure or structures within the vicinity of any airport | ||||||
24 | or within the lines of an approach to any airport and, when | ||||||
25 | necessary, for the reduction in the height of any such | ||||||
26 | existing object or structure, to enter into an agreement for |
| |||||||
| |||||||
1 | such reduction or to accomplish same by condemnation; | ||||||
2 | 11. To agree with the state or federal governments or with | ||||||
3 | any public agency in respect to the removal and relocation of | ||||||
4 | any object of natural growth, airport hazard or any structure | ||||||
5 | or building within the vicinity of any airport or within an | ||||||
6 | approach and which is owned or within the control of such | ||||||
7 | government or agency and to pay all or an agreed portion of the | ||||||
8 | cost of such removal or relocation; | ||||||
9 | 12. For the prevention of accidents, for the furtherance | ||||||
10 | and protection of public health, safety and convenience in | ||||||
11 | respect to aeronautics, for the protection of property and | ||||||
12 | persons within the District from any hazard or nuisance | ||||||
13 | resulting from the flight of aircraft, for the prevention of | ||||||
14 | interference between, or collision of, aircraft while in | ||||||
15 | flight or upon the ground, for the prevention or abatement of | ||||||
16 | nuisances in the air or upon the ground or for the extension of | ||||||
17 | increase in the usefulness or safety of any public airport or | ||||||
18 | public airport facility owned by the District, the District | ||||||
19 | may regulate and restrict the flight of aircraft while within | ||||||
20 | or above the incorporated territory of the District; | ||||||
21 | 13. To police its physical property only and all waterways | ||||||
22 | and to exercise police powers in respect thereto or in respect | ||||||
23 | to the enforcement of any rule or regulation provided by the | ||||||
24 | ordinances of the District and to employ and commission police | ||||||
25 | officers and other qualified persons to enforce the same. The | ||||||
26 | use of any such public airport or public airport facility of |
| |||||||
| |||||||
1 | the District shall be subject to the reasonable regulation and | ||||||
2 | control of the District and upon such reasonable terms and | ||||||
3 | conditions as shall be established by its Board. A regulatory | ||||||
4 | ordinance of the District adopted under any provisions of this | ||||||
5 | Section may provide for a suspension or revocation of any | ||||||
6 | rights or privileges within the control of the District for a | ||||||
7 | violation of any such regulatory ordinance. Nothing in this | ||||||
8 | Section or in other provisions of this Act shall be construed | ||||||
9 | to authorize the Board to establish or enforce any regulation | ||||||
10 | or rule in respect to aviation, or the operation or | ||||||
11 | maintenance of any airport facility within its jurisdiction, | ||||||
12 | which is in conflict with any federal or state law or | ||||||
13 | regulation applicable to the same subject matter; | ||||||
14 | 14. To enter into agreements with the corporate | ||||||
15 | authorities or governing body of any other municipal | ||||||
16 | corporation or any political subdivision of this State to pay | ||||||
17 | the reasonable expense of services furnished by such municipal | ||||||
18 | corporation or political subdivision for or on account of | ||||||
19 | income producing properties of the District; | ||||||
20 | 15. To enter into contracts dealing in any manner with the | ||||||
21 | objects and purposes of this Act. | ||||||
22 | 16. To acquire, own, lease, sell or otherwise dispose of | ||||||
23 | interests in and to real property and improvements situate | ||||||
24 | thereon and in personal property necessary to fulfill the | ||||||
25 | purposes of the District; | ||||||
26 | 17. To designate the fiscal year for the District. |
| |||||||
| |||||||
1 | 18. To engage in any activity or operation which is | ||||||
2 | incidental to and in furtherance of efficient operation to | ||||||
3 | accomplish the District's primary purpose. | ||||||
4 | 19. To regulate the use of public-owned or municipal-owned | ||||||
5 | property that is (i) within 7,000 feet of any navigable | ||||||
6 | waterway within the District and (ii) within Shawnee Township, | ||||||
7 | Bowlesville Township, or the Village of Old Shawneetown. The | ||||||
8 | regulation must fulfill the purpose of the Port District for | ||||||
9 | commerce and economic development, including, but not limited | ||||||
10 | to, regulation of wharfage areas, levees, mooring cells, | ||||||
11 | streets, roads, and alleys. The District's authority to | ||||||
12 | regulate the use and construction of the property is superior | ||||||
13 | to the authority of any unit of local government within the | ||||||
14 | property, including the District's right to vacate streets, | ||||||
15 | alleys, and easements within the property; to vacate | ||||||
16 | ordinances or resolutions of units of local government | ||||||
17 | relating to the property; to issue permits for the use of | ||||||
18 | buildings or structures on the property; and otherwise adopt | ||||||
19 | any ordinances or resolutions regarding the property as | ||||||
20 | necessary to fulfill the District's purposes. | ||||||
21 | (Source: Laws 1961, p. 2975.) |