Illinois General Assembly - Full Text of SB1897
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Full Text of SB1897  103rd General Assembly




SB1897 EnrolledLRB103 28875 AWJ 55261 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Rock
5Island Regional Port District Act.
6    Section 2. Findings. The General Assembly finds:
7    (1) Illinois' many port districts are an important part of
8Illinois' waterway system since they support and facilitate
9use of those waterways for the transport of goods.
10    (2) By supporting and facilitating use of the State's
11waterways, Illinois' port districts provide economies of scale
12in the movement of goods and economic development and job
13creation opportunities within the area of the port districts.
14    (3) The geographic size of each port district varies and
15can cover areas as small as the limits of a single municipality
16or as large as multiple counties.
17    (4) Each port district is unique, faces different
18challenges, and uses different approaches to encourage
19waterway use.
20    (5) It is in the interest of supporting Illinois' waterway
21system to create the Rock Island Regional Port District to
22streamline governance by using existing municipal governments
23participating in the Rock Island Regional Port District to



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1make decisions within each municipality's corporate limits.
2    Section 5. Definitions. As used in this Act:
3    "Administrative decision" has the meaning given to that
4term in Section 3-101 of the Code of Civil Procedure.
5    "City council" means the city council or board of trustees
6of a municipality.
7    "General obligation bond" means a bond that has any part
8of its principal or interest paid by taxation.
9    "Governing and administrative body" means all of the city
10councils of the participating municipalities.
11    "Governmental agency" means the federal government, a
12state or local government, or any subdivision of the federal,
13state, or local government.
14    "Navigable waters" means any public waters that are or can
15be made usable for water commerce.
16    "Participating municipality" means the City of Rock Island
17or a municipality that has all or any part of the municipality
18annexed into the Port District.
19    "Person" means an individual, firm, partnership,
20corporation, company, association, or joint stock association.
21"Person" includes, without limitation, a trustee, receiver,
22assignee, or personal representative thereof.
23    "Port District" means the Rock Island Regional Port
24District created by this Act.
25    "Port facilities" means any public and other buildings,



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1structures, works, improvements, and equipment that are upon,
2in, over, under, adjacent, or near navigable waters, harbors,
3slips, and basins and that are necessary or useful for or
4incident to the furtherance of water and land commerce and the
5operation of small boats and pleasure craft. "Port facilities"
6includes, without limitation, (i) improvements to the widening
7and deepening of basins, slips, harbors, and navigable waters
8and (ii) any lands, buildings, structures, improvements,
9equipment, and appliances located on Port District property
10that are used for industrial, manufacturing, commercial, or
11recreational purposes. "Port facilities" does not include
12terminal facilities
13    "Revenue bond" means a bond that has its principal and
14interest paid solely from revenues or income derived from
15ports, harbors, or any other buildings or facilities of the
16Port District.
17    "Terminal" means a public place, such as a station or
18depot, for receiving and delivering of baggage, mail, or
19freight in connection with the transportation of persons and
20property on water or land.
21    "Terminal facility" means any land, building, structure,
22improvement, equipment, or appliance useful in the operation
23of a public warehouse, a storage, transportation, or railway
24facility, or industrial, manufacturing, or commercial
25activities for the accommodation of or in connection with
26commerce by water or land for the handling, docking, and



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1serving small boats and pleasure craft.
2    Section 10. Creation; governing and administrative body.
3    (a) There is created a unit of local government by the name
4of Rock Island Regional Port District that includes all the
5territory within the corporate limits of the City of Rock
6Island as those corporate limits exist on the effective date
7of this Act. Territory may be annexed into the Port District in
8the manner provided in Section 15. The Port District or
9participating municipality may sue and be sued in the Port
10District's or municipality's respective corporate name, but
11execution shall not issue against any of the property or
12assets of the Port District or participating municipality. The
13Port District may adopt a common seal and change the same at
14its pleasure.
15    All property of every kind belonging to the Port District
16is exempt from taxation, except that taxes may be assessed and
17levied upon a lessee of the Port District by reason of the
18value of a leasehold estate separate and apart from the fee and
19upon improvements as are constructed and owned by others than
20the Port District. All property of the Port District is public
21ground owned by a municipal corporation and used exclusively
22for public purposes within the tax exemption provisions of
23Sections 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155,
24and 15-160 of the Property Tax Code.
25    (b) The governing and administrative body of the Port



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1District initially consists of the Rock Island City Council
2and, thereafter, the Rock Island City Council and each city
3council of an annexed municipality. The city council of a
4participating municipality is the governing body of that
5portion of the Port District within that participating
6municipality's corporate limits.
7    Section 15. Annexation of territory; indebtedness of
9    (a) Territory that is adjacent to the Port District and
10not included within any other port district may be annexed to
11and become a part of the Port District in the manner provided
12in this Section.
13    (b) An adjacent municipality may request annexation into
14the Port District from the existing participating
15municipalities by providing the city council of each
16participating municipality a written request for the
17annexation and a legal description of the portion of the
18corporate limits to be included in the annexation. The city
19council of each participating municipality shall consider
20approval of the annexation of the new territory with approval
21constituting a majority vote of the city council of each
22participating municipality at a public meeting in which the
23question has been placed on the published agenda. All
24participating municipalities must approve the annexation of
25the new territory for the annexation to occur.



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1    (c) A participating municipality may not incur the
2indebtedness of another participating municipality within the
3Port District.
4    Section 20. Rights and powers. The Port District has the
5following rights and powers:
6        (1) To investigate conditions within the Port District
7    and to prepare and adopt priorities for the development of
8    port facilities for the Port District. In preparing and
9    recommending changes and modifications in existing port
10    facilities, or priorities for the development of those
11    facilities, the Port District may set aside and allocate
12    an area or areas within the lands owned by it to be leased
13    to private parties for industrial, manufacturing,
14    commercial, recreational, or harbor purposes where the
15    area or areas, in the opinion of the governing and
16    administrative body, are not required for primary purposes
17    in the development of harbor and port facilities for the
18    use of public water and land transportation or will not be
19    needed immediately for these purposes, and where the
20    leasing, in the opinion of the governing and
21    administrative body, will aid and promote the development
22    of terminal and port facilities.
23        (2) To issue permits for the construction of all
24    wharves, piers, dolphins, booms, weirs, breakwaters,
25    bulkheads, jetties, bridges, basins, slips, harbors, or



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1    other structures of any kind, over, under, in, or near
2    navigable waters within the Port District and permits for
3    the deposit of rock, earth, sand, or other material, or
4    any matter of any kind or description in the navigable
5    waters; except nothing contained in this paragraph shall
6    be construed so that it will be deemed necessary to obtain
7    a permit from a city council of a participating
8    municipality for the erection, operation, or maintenance
9    of a bridge crossing a waterway that serves as a boundary
10    between the State of Illinois and Iowa when the erection,
11    operation, or maintenance of the bridge is performed by
12    the participating municipality.
13        (3) To locate and establish dock lines and shore or
14    harbor lines.
15        (4) To regulate the anchorage, moorage, and speed of
16    waterborne vessels and to establish and enforce ordinances
17    for the operation of bridges, except nothing contained in
18    this paragraph shall be construed to give the Port
19    District authority to regulate the operation of a bridge
20    crossing a waterway that serves as a boundary between the
21    State of Illinois and Iowa when operation of the bridge is
22    performed by a participating municipality.
23        (5) To acquire, own, construct, lease, operate, and
24    maintain terminals, terminal facilities, and port
25    facilities, including, but not limited to, the widening
26    and deepening of slips, harbors, and navigable waters, and



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1    to fix and collect reasonable and nondiscriminatory
2    charges for the use of the terminals and facilities. The
3    charges collected shall be used to defray the reasonable
4    expenses of the Port District and to pay the principal of
5    and interest on any revenue bonds issued by the Port
6    District.
7        (6) To police its physical property and all waterways
8    and to exercise police powers regarding the property and
9    waterways or regarding the enforcement of an ordinance of
10    a participating municipality within that municipality's
11    boundaries, and to employ and commission police officers
12    and other qualified persons to enforce the same. An
13    ordinance of the participating municipality adopted under
14    this paragraph may provide for a suspension or revocation,
15    within the participating municipality, of any rights or
16    privileges within the control of the participating
17    municipality for a violation of the ordinance.
18        (7) To establish, organize, own, acquire, participate
19    in, operate, sell, and transfer export trading companies,
20    whether as shareholder, partner, or co-venturer, alone or
21    in cooperation with federal, state, or local governmental
22    authorities, federal, state, or national banking
23    associations, or any other public or private corporation
24    or person or persons. An export trading company organized
25    or operated under this paragraph and all the property of
26    the export trading company shall have the same privileges



SB1897 Enrolled- 9 -LRB103 28875 AWJ 55261 b

1    and immunities as accorded to the participating
2    municipality and may borrow money or obtain financial
3    assistance from private lenders or federal and state
4    governmental authorities or issue general obligation and
5    revenue bonds with the same kinds of security in
6    accordance with the same procedures, restrictions, and
7    privileges applicable when a participating municipality
8    obtains financial assistance or issues bonds for any of
9    its other authorized purposes. An export trading company
10    organized or operated under this paragraph may apply for
11    certification under Title II or Title III of the federal
12    Export Trading Company Act of 1982.
13        As used in this paragraph (7), "export trading
14    company" means a person, partnership, association, public
15    or private corporation, or similar organization, whether
16    operated for profit or not-for-profit, which is organized
17    and operated principally for purposes of exporting goods
18    or services produced in the United States, importing goods
19    or services produced in foreign countries, conducting
20    third-country trading, or facilitating trade by providing
21    one or more services in support of trade.
22        (8) To enter into agreements with the corporate
23    authorities or governing body of any other unit of local
24    government or any political subdivision of the State to
25    pay the reasonable expense of services furnished by the
26    unit of local government or political subdivision for or



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1    on account of income-producing properties of the Port
2    District.
3        (9) To enter into contracts dealing in any manner with
4    the objects and purposes of this Act.
5        (10) To acquire, own, lease, sell, or otherwise
6    dispose of interests in real property and improvements to
7    the real property and in personal property necessary to
8    fulfill the purposes of the Port District for a
9    participating municipality.
10        (11) To designate the fiscal year for the Port
11    District, which shall be the same fiscal year of a
12    municipality that is annexed into the Port District either
13    at the time of annexation or within 6 months after the
14    annexation.
15        (12) To engage in any activity or operation within a
16    participating municipality which is incidental to and in
17    furtherance of efficient operation of the Port District.
18        (13) To apply to the proper authorities of the United
19    States of America under the appropriate law for the right
20    to establish, operate, maintain, and lease foreign trade
21    zones and sub-zones within the jurisdiction of the United
22    States Customs and Border Protection and to establish,
23    operate, maintain, and lease the foreign trade zones and
24    sub-zones.
25    Section 25. Powers under the Industrial Project Revenue



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1Bond Act. A participating municipality has the rights and
2powers enumerated in the Industrial Project Revenue Bond Act
3and may exercise those rights and powers in the same manner as
4any other municipality, as that term is defined in Section
511-74-2 of that Act.
6    Section 30. Buildings, property, and acquisition of
8    (a) A participating municipality may acquire, erect,
9construct, reconstruct, improve, maintain, and operate one or
10more, or a combination or combinations of, industrial
11buildings, office buildings, buildings to be used as a
12factory, mill shops, processing plants, packaging plants,
13assembly plants, fabricating plants, and buildings to be used
14as warehouses and other storage facilities.
15    (b) A participating municipality may acquire and accept by
16purchase, lease, gift, grant, or otherwise any property and
17rights useful for its purposes and to provide for the
18development of channels, ports, harbors, port facilities,
19terminal facilities, and any other building or facility that
20the Port District has the power to acquire, construct,
21reconstruct, extend, or improve to serve the needs of commerce
22within the municipality's portion of the Port District. A
23participating municipality may acquire real or personal
24property or any rights in real or personal property in the
25manner, as near as may be, as is provided for the exercise of



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1the right of eminent domain under the Eminent Domain Act,
2except that: (i) no rights or property of any kind or character
3owned, leased, controlled, or operated and used by, or
4necessary for the actual operations of, any common carrier
5engaged in interstate commerce, or of any other public utility
6subject to the jurisdiction of the Illinois Commerce
7Commission, shall be taken or appropriated by a participating
8municipality without first obtaining the approval of the
9Illinois Commerce Commission; and (ii) no property owned by a
10participating municipality shall be taken or appropriated for
11facilities within a participating municipality's corporate
12limits without the approval of the city council of the
13participating municipality.
14    Section 35. Eminent domain. Notwithstanding any other
15provision of this Act, any power granted under this Act to
16acquire property by condemnation or eminent domain is subject
17to, and shall be exercised in accordance with, the Eminent
18Domain Act.
19    Section 40. Prompt payment. Purchases made pursuant to
20this Act shall be made in compliance with the Local Government
21Prompt Payment Act.
22    Section 45. Lease of property; easements and permits;
23rent, charges, and fees.



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1    (a) The city council of a participating municipality may
2lease to others for any period of time, not to exceed 99 years,
3upon terms the city council determines, any of its real
4property, rights-of-way, or privileges, or any interest in or
5part of its real property, rights-of-way, or privileges, for
6industrial, manufacturing, commercial, recreational, or harbor
7purposes that, in the opinion of the city council, is no longer
8required for its primary purposes in the development of port
9facilities for the use of public transportation, or that may
10not be immediately needed for those purposes, but where the
11leases will, in the opinion of the city council, aid and
12promote those purposes. In conjunction with those leases, the
13participating municipality may grant rights-of-way and
14privileges across the property of the Port District within the
15participating municipality and those rights-of-way and
16privileges may be assignable and irrevocable during the term
17of the lease and may include the right to enter upon the
18property of the Port District within the participating
19municipality to do things necessary for the enjoyment of the
20leases, rights-of-way, and privileges. Those leases may
21contain conditions and retain interest in the leases as
22determined to be in the best interest of the Port District by
23the participating municipality's city council.
24    (b) The city council of a participating municipality may
25grant easements and permits for the use of real property,
26rights-of-way, or privileges within the participating



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1municipality, that, in the opinion of the participating
2municipality's city council, will not interfere with the use
3of the real property, rights-of-way, or privileges of the Port
4District within the participating municipality for its
5purposes, and those easements and permits may contain
6conditions and retain interest deemed in the best interest of
7the Port District within the participating municipality.
8    (c) The city council of a participating municipality may
9agree upon and collect the rentals, charges, and fees on all
10leases, easements, rights-of-way, privileges, and permits made
11or granted by the city council that are in the best interest of
12the Port District within the participating municipality. The
13rentals, charges, and fees charged shall be used to defray the
14reasonable expenses of the Port District within the
15participating municipality and to pay the principal of and
16interest on any revenue bonds issued by the participating
17municipality for Port District purposes.
18    Section 50. Powers of participating municipalities.
19    (a) A city council of a participating municipality may
20apply for and accept grants, loans, or appropriations from the
21federal government or a state government, or any agency or
22instrumentality of the federal government or a state
23government, to be used for any of the purposes of the Port
24District within the participating municipality and to enter
25into any agreements with the federal government or a state



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1government in relation to the grants, loans, or appropriations
2by the participating municipality in which the funds will be
4    (b) A city council of a participating municipality may
5petition any federal, state, or local authority, or any
6administrative, judicial, or legislative authority, having
7jurisdiction for the adoption and execution of any physical
8improvement, change in method or system of handling freight,
9warehousing, docking, lightering, and transfer of freight
10that, in the opinion of the city council, is likely to improve
11or better the handling of commerce in and through the Port
12District in the participating municipality or improve terminal
13or transportation facilities in the participating
15    (c) A city council of a participating municipality may
16borrow money and issue either general obligation bonds or
17revenue bonds for the purpose of (i) acquiring, constructing,
18reconstructing, extending, improving, or operating the
19terminals, terminal facilities, and other buildings or
20facilities that the participating municipality has the power
21to acquire, construct, reconstruct, extend, or improve, (ii)
22acquiring any property and equipment useful for construction,
23reconstruction, extension, improvement, or operation, and
24(iii) acquiring necessary cash working funds.
25    Section 55. Insurance and indemnification contracts. A



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1participating municipality may procure and enter into
2contracts for any type of insurance or indemnity against loss
3or damage to property from any cause, including against loss
4of use and occupancy, against death or injury of any person,
5against employers' liability, against any act of any member,
6officer, or employee of the Port District within the
7participating municipality in the performance of the duties of
8his or her office or employment, or against any other
9insurable risk.
10    Section 60. Bonds.
11    (a) The city council of a participating municipality may,
12pursuant to ordinance and within that municipality's corporate
13limits, issue and dispose of its interest-bearing revenue
14bonds and may also in the same manner issue and dispose of its
15interest-bearing revenue bonds to refund any revenue bonds at
16maturity or pursuant to redemption provisions or at any time
17before maturity with the consent of the holders. Issuance and
18disposition of revenue bonds under this subsection may be done
19without submitting the question to referendum, notwithstanding
20any other provision of law.
21    (b) A city council of a participating municipality may
22issue general obligation bonds to be used for Port District
23purposes within that municipality's corporate limits inside
24the Port District by adopting an ordinance specifying the
25amount of bonds to be issued, the purpose for which the bonds



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1will be issued, the maximum rate of interest the bonds will
2bear, which shall not be more than the maximum rate authorized
3by the Bond Authorization Act in effect at the time of the
4making of the contract, and the date of maturity, which shall
5not be more than 20 years after the date of issuance. The city
6council of a participating municipality may issue and, in
7accordance with subsection (e), sell the bonds specified in
8the ordinance and adopt an ordinance levying an annual tax
9against all the taxable property within the municipality's
10corporate limits inside the Port District sufficient to pay
11the maturing principal and interest of the bonds and to file a
12certified copy of the ordinances in the office of the county
13clerk of Rock Island County. Thereafter, the county clerk
14shall annually extend taxes against all the taxable property
15within the corporate limits of the participating municipality
16inside the Port District at the rate specified in the
17ordinance levying the taxes. The aggregate amount of principal
18of general obligation bonds issued under this subsection shall
19not exceed 2.5% of the assessed valuation of all taxable
20property within the corporate limits of the participating
21municipality within the Port District.
22    With respect to instruments for the payment of money
23issued under this subsection: (i) the Omnibus Bond Acts are
24supplementary grants of power to issue instruments in
25accordance with the Omnibus Bond Acts, regardless of any
26provision of this Act that may appear to be or to have been



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1more restrictive than those Acts, (ii) the provisions of this
2subsection are not a limitation on the supplementary authority
3granted by the Omnibus Bond Acts, and (iii) instruments issued
4under this subsection within the supplementary authority
5granted by the Omnibus Bond Acts are not invalid because of any
6provision of this Act that may appear to be or to have been
7more restrictive than those Acts.
8    (c) All revenue bonds shall be payable solely from the
9revenues or income to be derived from the terminals, terminal
10facilities, port facilities, and any other building or
11facility, or part of a building or facility, that the
12participating municipality has the power to acquire,
13construct, reconstruct, extend, or improve. The revenue bonds
14may bear a single date or multiple dates and may mature at any
15time not exceeding 40 years from the bonds' respective dates,
16as shall be provided in the ordinance authorizing issuance.
17Both revenue bonds and general obligation bonds may bear
18interest at the rate or rates as permitted in the Bond
19Authorization Act payable semi-annually, as provided in the
20ordinance authorizing issuance. All bonds, whether revenue or
21general obligations, may be in the form, may carry the
22registration privileges, may be executed in the manner, may be
23payable at the place or places, may be made subject to
24redemption in the manner and upon the terms, with or without
25premium as is stated on the face of the bond, may be
26authenticated in the manner, and may contain terms and



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1covenants as provided in the ordinance authorizing issuance.
2    The holder or holders of any bonds or interest coupons
3attached to the bonds issued by a participating municipality
4may bring suit to compel the performance and observance by the
5participating municipality or any of its officers, agents, or
6employees of any contract or covenant made by the
7participating municipality with the holders of the bonds or
8interest coupons and to compel the participating municipality
9and any of its officers, agents, or employees to perform any
10duties required to be performed for the benefit of the holders
11of any of the bonds or interest coupons by the provision in the
12ordinance authorizing the bonds' or interest coupons'
13issuance, and to enjoin the participating municipality and any
14of its officers, agents, or employees from taking any action
15in conflict with any contract or covenant, including the
16establishment of charges, fees, and rates for the use of
18    Notwithstanding the form and tenor of any bond, whether
19revenue or general obligation, and in the absence of any
20express recital on the face of the bond that it is
21nonnegotiable, all the bonds shall be negotiable instruments.
22Pending the preparation and execution of the bonds, temporary
23bonds may be issued with or without interest coupons as
24provided by ordinance.
25    (d) All revenue bonds shall be issued and sold by the
26participating municipality in the manner as the participating



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1municipality shall determine. However, if any bonds are issued
2to bear interest at the maximum rate of interest allowed by
3subsection (c), the bonds shall be sold for not less than par
4and accrued interest. The selling price of bonds bearing
5interest at a rate less than the maximum allowable interest
6rate per annum shall be set so that the interest cost to the
7participating municipality of the money received from the bond
8sale shall not exceed the maximum annual interest rate allowed
9by subsection (c), computed to absolute maturity of the bonds
10according to standard tables of bond values.
11    (e) All general obligation bonds issued by a participating
12municipality shall be sold by the participating municipality
13upon sealed bids to the highest and best responsible bidder
14who specifies the lowest net interest cost for the bonds. The
15participating municipality shall publish at least once, in a
16newspaper published in and having general circulation in the
17participating municipality, a notice of the time, date, and
18place when and where sealed bids for the purchase of the bonds
19will be received and publicly opened, read, and tabulated,
20which shall not be less than 10 days after the date of the
21publication. The bonds shall be sold for not less than par plus
22accrued interest to the date of delivery.
23    (f) Upon the issue of any revenue bonds as provided in this
24Act, the participating municipality shall fix and establish
25rates, charges, and fees for the use of facilities acquired,
26constructed, reconstructed, extended, or improved with the



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1proceeds derived from the sale of the revenue bonds sufficient
2at all times with other revenues of the participating
3municipality, if any, to pay: (i) the cost of maintaining,
4repairing, regulating, and operating the facilities; and (ii)
5the bonds and interest on the bonds as they become due and all
6sinking fund requirements and other requirements provided by
7the ordinance authorizing the issuance of the bonds or as
8provided by any trust agreement executed to secure payment of
9the bonds.
10    The participating municipality may execute and deliver a
11trust agreement or agreements to secure the payment of any or
12all revenue bonds and for the purpose of setting forth the
13covenants and undertaking by the participating municipality in
14connection with the issuance of revenue bonds and the issuance
15of any additional revenue bonds payable from revenue income
16derived from the terminals, terminal facilities, port
17facilities, and other buildings or facilities that the
18participating municipality has the power to acquire,
19construct, reconstruct, extend, or improve. However, a lien
20upon any physical property of the participating municipality
21shall not be created in the trust agreement or agreements. A
22remedy for any breach or default of the terms of the trust
23agreement by the participating municipality may be by mandamus
24in the circuit court to compel performance and compliance with
25the trust agreement, but the trust agreement may prescribe by
26whom or on whose behalf the action may be instituted.



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1    (g) Bonds issued by a participating municipality and other
2obligations of the participating municipality shall not be an
3indebtedness or obligation of the State of Illinois, of a
4political subdivision of the State, or of a unit of local
5government, including the Port District or any other
6participating municipality.
7    A revenue bond shall not be an indebtedness of a
8participating municipality within the purview of any
9constitutional limitation or provision, and it shall be stated
10on the face of each revenue bond that it does not constitute an
11indebtedness but is payable solely from the revenues or income
12derived from terminals, terminal facilities, and port
13facilities within the corporate limits of that participating
15    Section 65. Tax levy. In addition to the tax that may be
16imposed under subsection (b) of Section 60, a participating
17municipality may levy a tax for corporate purposes of the Port
18District within that portion of the municipality in the Port
19District annually, but which rate shall not exceed .05% of the
20value of all taxable property within that municipality within
21the Port District as equalized or assessed by the Department
22of Revenue.
23    Section 70. Permits. It is unlawful to make any fill or
24deposit of rock, earth, sand, or other material, or any refuse



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1matter of any kind or description, or build or commence the
2building of any wharf, pier, dolphin, boom, weir, breakwater,
3bulkhead, jetty, bridge, or other structure over, under, or
4near any navigable waters within the Port District without
5first submitting the plans, profiles, and specifications, and
6any other data and information as may be required, to the
7participating municipality in which the project is located and
8receiving a permit. A person, corporation, company,
9municipality, or other agency that does any of the things
10prohibited in this Section without securing a permit as
11required in this Section shall be guilty of a Class A
12misdemeanor. However, a permit is not required (i) for any
13project for which a permit has already been secured from a
14proper governmental agency prior to the creation of the Port
15District or (ii) for a project to be undertaken by a
16participating municipality for which a permit is required from
17a governmental agency other than the participating
18municipality before the municipality can proceed with the
19project. Any structure, fill, or deposit erected or made in
20any of the public bodies of water within the Port District in
21violation of the provisions of this Section is a purpresture
22and may be abated at the expense of the person, corporation,
23company, municipality, or other agency responsible for the
24violation, or, if, in the discretion of the participating
25municipality where the project is located, it is decided that
26the structure, fill, or deposit may remain, the participating



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1municipality where the project is located may fix a
2requirement, restriction, or rental or require and compel
3necessary changes, modifications, and repairs to protect the
4municipality's interest.
5    Section 75. Conflicts of interest. Except as otherwise
6provided in this Act, it is unlawful for any member, officer,
7employee, or other appointee of the governing and
8administrative body or participating municipality or for the
9husband, wife, or minor child of a city council of a
10participating municipality to have, acquire, obtain, or hold
11any contract, work, or business of the Port District, whether
12for stationery, printing, paper, services, material, or
13supplies or any private financial interest in the sale or
14lease of property to or from the Port District. It is unlawful
15for any firm, partnership, association, or corporation from
16which these persons shall be entitled, by contract, stock
17ownership, or otherwise, to receive more than 7.5% of the
18total distributable net income from having, acquiring,
19obtaining, or holding the contract, work, or business or any
20private financial interest. It is unlawful for any firm,
21partnership, association, or corporation from which a listed
22person, together with his or her wife, husband, or minor child
23or children, or any combination, who shall by contract, stock
24ownership, or otherwise be entitled to receive, in the
25aggregate, more than 15% of the total distributable income



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1from having, acquiring, obtaining, or holding the contract,
2work, or business or any private financial interest. Any
3person, firm, partnership, association, or corporation that
4violates the provisions of this Section shall forfeit any and
5all sums paid or to be paid by the Port District under the
6contract, sale, or lease and, if found guilty of a violation,
7shall be guilty of a business offense and shall be fined not to
8exceed $2,500.
9    Section 80. Organization for the transaction of business.
10As soon as practicable after the effective date of this Act and
11as soon as practicable after the annexation of any property
12into the Port District, the Rock Island City Council or the
13city council of any subsequent municipality annexed into the
14Port District, as applicable, shall determine how the
15municipality will organize for the transaction of business
16either as part of normal meetings of the municipality's city
17council or special meetings to conduct business related to the
18Port District that falls within the municipality's corporate
19limits, and the city council shall determine whether separate
20bylaws and procedures should be adopted to regulate and govern
21proceedings of that portion of the Port District within the
22participating municipality's corporate limits.
23    Section 85. Meetings; actions of the Port District.
24    (a) All city councils of participating municipalities



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1shall meet in a joint session at least once every calendar year
2to discuss Port District business. Additionally, all city
3councils of participating municipalities shall meet in a joint
4session no later than 60 days following the annexation of a
5municipality into the Port District.
6    (b) The city council of a participating municipality shall
7meet to discuss Port District business at least once each
8calendar month, the time and place of the meetings to be fixed
9by the city council of the participating municipality. Special
10meetings may be called as allowed in the ordinances of the
11participating municipality.
12     (c) The Port District may act (i) through its governing
13and administrative body for the Port District as a whole, as
14provided in this subsection or (ii) individually through the
15actions of a city council of a participating municipality
16solely for the portion of Port District within that
17participating municipality's corporate limits, as provided in
18subsection (d).
19    All actions by the governing and administrative body shall
20be by ordinance or resolution by the affirmative vote of a
21majority of the city councils of the participating
22municipalities. However, the governing and administrative body
23may not take any action solely within one participating
24municipality without the approval of the majority of members
25on that participating municipality's city council. If an
26ordinance or resolution adopted by the governing and



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1administrative body conflicts with an ordinance or resolution
2relating to Port District purposes adopted of a city council
3of a participating municipality, the ordinance or resolution
4adopted by the city council of the participating municipality
5controls unless the majority of members on that participating
6municipality's city council approved the ordinance or
7resolution of the governing and administrative body.
8    (d) All actions regarding the Port District within each
9participating municipality shall be by ordinance or resolution
10and, except as otherwise provided in this Act, the affirmative
11vote of a majority of the city council of the participating
12municipality. The chief elected officer of the city council of
13a participating municipality is entitled to vote on all
14matters coming before the city council related to the Port
15District within the participating municipality,
16notwithstanding any other provision of law.
17    All ordinances, resolutions, and proceedings of the city
18council of a participating municipality and all documents and
19records in its possession are public records and open to
20public inspection at the office of the participating
21municipality, except documents and records that are kept or
22prepared by the participating municipality for the Port
23District within the municipality's corporate limits for use in
24negotiations, legal actions, or proceedings related to that
25portion of the Port District within the municipality's
26corporate limits.



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1    Section 90. Treasurer and secretary. A participating
2municipality's secretary and treasurer are assigned to those
3same duties for Port District business within the
4participating municipality. Their respective municipal
5offices' constitutional oaths and corporate sureties shall
6serve as the same for the conduct of work related to the Port
7District within the participating municipality. Whatever penal
8sum may be directed by the participating municipality's city
9council conditioned upon the faithful performance of the
10duties of the office and the payment of all money received by
11him or her according to law shall be the same for work related
12to the Port District within the participating municipality's
13corporate limits. The city council may, at any time, require a
14new bond from the treasurer in a penal sum determined by the
15city council within the municipality's existing ordinances.
16The obligation of the sureties shall not extend to any loss
17sustained by the insolvency, failure, or closing of any
18savings or loan association or national or State bank where
19the treasurer has deposited funds if the bank or savings and
20loan association has been approved by the city council as a
21depositary for these funds. The oaths and corporate sureties
22shall be filed in the principal office of the participating
24    Section 95. Funds of the Port District; check and draft



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2    (a) All funds deposited by the treasurer in a bank or
3savings and loan association shall be placed in the name of the
4Port District for the participating municipality and shall be
5withdrawn or paid out only by check or draft upon the bank or
6savings and loan association, signed by the treasurer and
7countersigned by the chief elected official of the
8municipality in which the funds were derived for the Port
9District or in the same manner as required by the municipality
10within the municipality's ordinances.
11    A bank or savings and loan association may not receive
12public funds as permitted by this subsection unless it has
13complied with the requirements under Section 6 of the Public
14Funds Investment Act.
15    (b) If an officer whose signature appears upon a check or
16draft issued pursuant to this Act ceases to hold his or her
17office before the delivery of the check or draft to the payee,
18his or her signature nevertheless shall be valid and
19sufficient for all purposes with the same effect as if he or
20she had remained in office until delivery of the check or
22    Section 100. General manager; general attorney; chief
23engineer.    A participating municipality may appoint a
24general manager, who shall be a person of recognized ability
25and business experience, to hold this position at the pleasure



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1of that municipality and within the municipal corporate limits
2inside the Port District. The same general manager may be
3appointed by more than one participating municipality. The
4general manager may manage the properties and business of the
5Port District and the employees of the Port District, subject
6to the general control of the municipality or municipalities,
7may direct the enforcement of all ordinances and resolutions
8of the municipality or municipalities related to the Port
9District, and may perform other duties prescribed by the
10municipality or municipalities.
11    A participating municipality may appoint a general
12attorney, a chief engineer, and other officers, attorneys,
13engineers, consultants, agents, and employees as may be
14necessary and define their duties and may require bonds of
15them as the municipality may designate. The same officers,
16attorneys, engineers, consultants, agents, and employees
17manager may be appointed by more than one participating
19    The general manager, general attorney, chief engineer and
20all other employees provided for by this Section are exempt
21from taking and subscribing to any oath of office and may not
22be members of the city council of a participating
23municipality. The compensation of the general manager, general
24attorney, chief engineer, and all other officers, attorneys,
25consultants, agents, and employees shall be fixed by the
26participating municipality or municipalities employing the



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1individual. All employees are subject to the provisions of
2Section 75.
3    Section 105. Fines and Penalties. The city council of a
4participating municipality may adopt any fines or penalties as
5it deems proper. All fines and penalties shall be imposed by
6ordinance, which shall be published in a newspaper of general
7circulation in the area of the Port District within the
8municipality's corporate limits. An ordinance imposing fines
9or penalties may not take effect until 10 days after its
11    Section 110. Report and financial statement. Within 60
12days after the end of a fiscal year, a participating
13municipality's city council shall have prepared by a certified
14public accountant a complete and detailed report and financial
15statement of the operations and assets and liabilities of the
16Port District within the municipality's corporate limits.
17Copies of the report shall be prepared for distribution to
18persons interested, upon request, and a copy of the report and
19financial statement shall be filed with the Governor and with
20the Rock Island County Clerk.
21    Section 115. Investigations; administrative decisions.
22    (a) A participating municipality may investigate
23conditions of the Port District within the municipality's



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1corporate limits and investigate the enforcement of the
2municipality's ordinances relating to the Port District within
3the municipality's corporate limits. When conducting an
4investigation, the municipality may hold public hearings on
5its own motion.
6    A circuit court, upon application of a participating
7municipality, may compel the attendance of witnesses, the
8production of books and papers, and giving of testimony before
9the municipality's city council by attachment for contempt or
10otherwise in the same manner as the production of evidence may
11be compelled before the court.
12    When conducting an investigation authorized by this
13Section, the participating municipality shall, at its expense,
14provide a stenographer to take down all testimony and shall
15preserve a record of the proceedings. The notice of hearing,
16complaint, and all other documents in the nature of pleadings
17and written motions filed in the proceedings, the transcript
18of testimony, and the orders or decision of the city council
19constitutes the record of the proceedings.
20    (b) The city council of the participating municipality is
21not required to certify any record or file any answer or
22otherwise appear in any proceeding for judicial review of an
23administrative decision unless the party asking for review
24deposits with the clerk of the court the sum of $1 per page of
25the record representing the costs of the certification.
26Failure to make this deposit is ground for dismissal of the



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2    A final administrative decision of a participating
3municipality is subject to judicial review under the
4Administrative Review Law and the rules adopted pursuant to
5that Law.
6    Section 120. Severability; interaction with other laws and
8    (a) The provisions of this Act are severable under Section
91.31 of the Statute on Statutes.
10    (b) The provisions of this Act do not impair, alter,
11modify, repeal, or supersede the jurisdiction or powers of the
12Illinois Commerce Commission or of the Department of Natural
13Resources under the Rivers, Lakes, and Streams Act.
14    (c) Nothing in this Act or done under its authority shall
15apply to, restrict, limit, or interfere with the use of any
16terminal facility or port facility owned or operated by any
17private person for the storage or handling or transfer of any
18commodity moving in interstate commerce or the use of the land
19and facilities of a common carrier or other public utility and
20the space above the land and facilities in the business of the
21common carrier or other public utility without approval of the
22Illinois Commerce Commission and without the payment of just
23compensation to the common carrier or other public utility for
24damages resulting from the restriction, limitation, or



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1    (d) The provisions of the Illinois Municipal Code shall
2not be effective inside the Port District insofar as that Code
3conflicts with this Act or grants substantially the same
4powers to any municipality or political subdivision as are
5granted to the Port District by this Act.
6    Section 900. Home rule.
7    (a) A participating municipality that is a home rule
8municipality may not regulate or act in a manner inconsistent
9with this Act as those regulations or acts apply to the Rock
10Island Regional Port District. This Act is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    (b) Nothing in this Section prohibits regulations or
15actions by a municipality that are otherwise lawful and not
16expressly prohibited by or in conflict with this Act.
17    Section 905. The Foreign Trade Zones Act is amended by
18changing Section 1 as follows:
19    (50 ILCS 40/1)  (from Ch. 24, par. 1361)
20    Sec. 1. Each of the following units of State or local
21government and public or private corporations shall have the
22power to apply to proper authorities of the United States of
23America pursuant to appropriate law for the right to



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1establish, operate, maintain and lease foreign trade zones and
2sub-zones within its corporate limits or within limits
3established pursuant to agreement with proper authorities of
4the United States of America, as the case may be, and to
5establish, operate, maintain and lease such foreign trade
6zones and sub-zones:
7    (a) The City of East St. Louis.
8    (b) The Bi-State Authority, Lawrenceville - Vincennes
10    (c) The Waukegan Port district.
11    (d) The Illinois Valley Regional Port District.
12    (e) The Economic Development Council, Inc. located in the
13area of the United States Customs Port of Entry for Peoria,
14pursuant to authorization granted by the county boards in the
15geographic area served by the proposed foreign trade zone.
16    (f) The Greater Rockford Airport Authority.
17    (f-1) The Rock Island Regional Port District,
18    (f-5) The Illinois Department of Transportation, with
19respect to the South Suburban Airport.
20    (g) After the effective date of this amendatory Act of
211984, any county, city, village or town within the State or a
22public or private corporation authorized or licensed to do
23business in the State or any combination thereof may apply to
24the Foreign Trade Zones Board, United States Department of
25Commerce, for the right to establish, operate and maintain a
26foreign trade zone and sub-zones. For the purposes of this



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1Section, such foreign trade zone or sub-zones may be
2incorporated outside the corporate boundaries or be made up of
3areas from adjoining counties or states.
4    (h) No foreign trade zone may be established within 50
5miles of an existing zone situated in a county with 3,000,000
6or more inhabitants or within 35 miles of an existing zone
7situated in a county with less than 3,000,000 inhabitants,
8such zones having been created pursuant to this Act without
9the permission of the authorities which established the
10existing zone.
11(Source: P.A. 98-109, eff. 7-25-13.)
12    Section 910. The Eminent Domain Act is amended by changing
13Section 15-5-46 as follows:
14    (735 ILCS 30/15-5-46)
15    Sec. 15-5-46. Eminent domain powers in new Acts. The
16following provisions of law may include express grants of the
17power to acquire property by condemnation or eminent domain:
18    Rock Island Regional Port District Act; Rock Island Regional
19    Port District and participating municipalities; for
20    general Port District purposes. (Reserved).
21(Source: P.A. 96-1522, eff. 2-14-11; 97-813, eff. 7-13-12.)