Full Text of SB0575 96th General Assembly
SB0575enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Alexander-Cairo Port District Act. | 6 |
| Section 5. Definitions. As used in this Act, the following | 7 |
| terms shall have the following meanings unless a different | 8 |
| meaning clearly appears from the context: | 9 |
| "Aircraft" means any contrivance now known or hereafter | 10 |
| invented, used, or designed for navigation of, or flight in, | 11 |
| the air. | 12 |
| "Airport" means any locality, on either land or in water, | 13 |
| which is used or designed for the landing and taking off of | 14 |
| aircraft, or for the location of runways, landing fields, | 15 |
| airdromes, hangars, buildings, structures, airport roadways, | 16 |
| and other facilities. | 17 |
| "Airport hazard" means any structure, or object of natural | 18 |
| growth, located on or in the vicinity of an airport, or any use | 19 |
| of land near an airport which is hazardous to the use of the | 20 |
| airport for the landing and take off of aircraft. | 21 |
| "Approach" means any path, course, or zone defined by an | 22 |
| ordinance of the District or by other lawful regulation, on the | 23 |
| ground or in the air, or both, for the use of aircraft in |
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| landing and taking off from an airport located within the | 2 |
| District. | 3 |
| "Board" means the Alexander-Cairo Port District Board. | 4 |
| "Commercial aircraft" means any aircraft other than public | 5 |
| aircraft engaged in the business of transporting persons or | 6 |
| property. | 7 |
| "District" or "Port District" means the Alexander-Cairo | 8 |
| Port District created by this Act. | 9 |
| "Export trading companies" means a person, partnership, | 10 |
| association, public or private corporation, or similar | 11 |
| organization, whether operated for profit or not-for-profit, | 12 |
| which is organized and operated principally for purposes of | 13 |
| exporting goods or services produced in the United States, | 14 |
| importing goods or services produced in foreign countries, | 15 |
| conducting third country trading, or facilitating such trade by | 16 |
| providing one or more services in support of such trade. | 17 |
| "General obligation bond" means any bond issued by the | 18 |
| District any part of the principal or interest of which bond is | 19 |
| to be paid by taxation. | 20 |
| "Governmental agency" means the federal government, the | 21 |
| State, and any unit of local government or school district, and | 22 |
| any agency or instrumentality, corporate or otherwise, | 23 |
| thereof. | 24 |
| "Governor" means the Governor of the State of Illinois. | 25 |
| "Mayor" means the Mayor of the City of Cairo. | 26 |
| "Navigable waters" means any public waters that are or can |
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| be made usable for water commerce. | 2 |
| "Person" means any individual, firm, partnership, | 3 |
| corporation, both domestic and foreign, company, association, | 4 |
| or joint stock association, and includes
any trustee, receiver, | 5 |
| assignee, or personal representative thereof. | 6 |
| "Port facilities" means all public structures, except | 7 |
| terminal facilities as defined in this Section, that are in, | 8 |
| over, under, or adjacent to navigable waters and are necessary | 9 |
| for or incident to the furtherance of water commerce and | 10 |
| includes the widening and deepening of slips, harbors, and | 11 |
| navigable waters. | 12 |
| "Private aircraft" means any aircraft other than public and | 13 |
| commercial aircraft. | 14 |
| "Public aircraft" means an aircraft used exclusively in the | 15 |
| governmental service of the United States, or of any state or | 16 |
| of any public agency, including military and naval aircraft. | 17 |
| "Public airport" means an airport owned by a Port District, | 18 |
| an airport authority, or other public agency, which is used or | 19 |
| is intended for use by public, commercial, and private aircraft | 20 |
| and by persons owning, managing, operating, or desiring to use, | 21 |
| inspect, or repair any such aircraft or to use any such airport | 22 |
| for aeronautical purposes. | 23 |
| "Public interest" means the protection, furtherance, and | 24 |
| advancement of the general welfare and of the public health and | 25 |
| safety and public necessity and convenience in respect to | 26 |
| aeronautics. |
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| "Revenue bond" means any bond issued by the District the | 2 |
| principal and interest of which bond is payable solely from | 3 |
| revenues or income derived from terminals, terminal | 4 |
| facilities, or port facilities of the District. | 5 |
| "Terminal" means a public place, station, or depot for | 6 |
| receiving and delivering baggage, mail, freight, or express | 7 |
| matter and for any combination of those purposes, in connection | 8 |
| with the transportation of persons and property on water or | 9 |
| land or in the air. | 10 |
| "Terminal facilities" means all land, buildings, | 11 |
| structures, improvements, equipment, and appliances useful in | 12 |
| the operation of public warehouse, storage, and transportation | 13 |
| facilities for the accommodation of or in connection with | 14 |
| commerce by water or land or in the air or useful as an aid, or | 15 |
| constituting an advantage or convenience to, the safe landing, | 16 |
| taking off, and navigation of aircraft, or the safe and | 17 |
| efficient operation or maintenance of a public airport; except | 18 |
| that nothing in this definition shall be interpreted as | 19 |
| granting authority to the District to acquire, purchase, | 20 |
| create, erect, or construct a bridge across any waterway which | 21 |
| serves as a boundary between the State of Illinois and any | 22 |
| other state. | 23 |
| Section 10. Alexander-Cairo Port District. The | 24 |
| Alexander-Cairo Port District is created as a political | 25 |
| subdivision, body politic, and municipal corporation. The |
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| District embraces all of the area within the corporate limits | 2 |
| of Alexander County.
Territory may be annexed to the District | 3 |
| in the manner provided in this Act.
The District may sue and be | 4 |
| sued in its corporate name, but execution shall not in any case | 5 |
| issue against any property of the District. It may adopt a | 6 |
| common seal and change the same at its pleasure. | 7 |
| Section 15. Property of District; exemption. All property | 8 |
| of every kind owned by the Port District shall be exempt from | 9 |
| taxation, provided that a tax may be levied upon a lessee of | 10 |
| the Port District by reason of the value of a leasehold estate | 11 |
| separate and apart from the fee simple title or upon any | 12 |
| improvements that are constructed and owned by persons other | 13 |
| than the Port District. | 14 |
| All property of the Port District shall be public grounds | 15 |
| owned by a municipal corporation and used exclusively for | 16 |
| public purposes within the tax exemption provisions of Sections | 17 |
| 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 | 18 |
| of the Property Tax Code. | 19 |
| Section 20. Rights and powers. The Port District has the | 20 |
| following rights and powers: | 21 |
| (a) To issue permits for the following purposes: (i) the | 22 |
| construction of all wharves, piers, dolphins, booms, weirs, | 23 |
| breakwaters, bulkheads, jetties, bridges, or other structures | 24 |
| of any kind, over, under, in, or within 40 feet of any |
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| navigable waters within the Port District and (ii) the deposit | 2 |
| of rock, earth, sand, or other material, or any matter of any | 3 |
| kind or description in the waters; except that nothing | 4 |
| contained in this subsection (a) shall be construed so that it | 5 |
| will be deemed necessary to obtain a permit from the District | 6 |
| for the erection, operation, or maintenance of any bridge | 7 |
| crossing a waterway that serves as a boundary between the State | 8 |
| of Illinois and any other state, when the erection, operation, | 9 |
| or maintenance is performed by any city within the District. | 10 |
| (b) To prevent or remove obstructions in navigable waters, | 11 |
| including the removal of wrecks. | 12 |
| (c) To locate and establish dock lines and shore or harbor | 13 |
| lines. | 14 |
| (d) To regulate the anchorage, moorage, and speed of water | 15 |
| borne vessels and to establish and enforce regulations for the | 16 |
| operation of bridges, except nothing contained in this | 17 |
| subsection (d) shall be construed to give the District | 18 |
| authority to regulate the operation of any bridge crossing a | 19 |
| waterway which serves as a boundary between the State of | 20 |
| Illinois and any other state, if the operation is performed or | 21 |
| to be performed by any city located within the District. | 22 |
| (e) To acquire, own, construct, lease, operate, and | 23 |
| maintain terminals, terminal facilities, and port facilities, | 24 |
| and to fix and collect just, reasonable, and nondiscriminatory | 25 |
| charges for the use of the facilities. The charges collected | 26 |
| pursuant to this subsection (e) shall be used to defray the |
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| reasonable expenses of the Port District and to pay the | 2 |
| principal of and interest on any revenue bonds issued by the | 3 |
| District. | 4 |
| (f) To locate, establish, and maintain a public airport, | 5 |
| public airports, and public airport facilities within its | 6 |
| corporate limits or within or upon any body of water adjacent | 7 |
| thereto, and to construct, develop, expand, extend, and improve | 8 |
| any such airport or airport
facility. | 9 |
| (g) To operate, maintain, manage, lease, sublease, and to | 10 |
| make and enter into contracts for the use, operation, or | 11 |
| management of, and to provide rules and regulations for, the | 12 |
| operation, management, or use of, any public airport or public | 13 |
| airport facility. | 14 |
| (h) To fix, charge, and collect reasonable rentals, tolls, | 15 |
| fees, and charges for the use of any public airport, or any | 16 |
| part thereof, or any public airport facility. | 17 |
| (i) To establish, maintain, extend, and improve roadways | 18 |
| and approaches by land, water, or air to any such airport and | 19 |
| to contract or otherwise provide, by condemnation if necessary, | 20 |
| for the removal of any airport hazard or the removal or | 21 |
| relocation of all private structures, railways, mains, pipes, | 22 |
| conduits, wires, poles, and all other facilities and equipment | 23 |
| which may interfere with the location, expansion, development, | 24 |
| or improvement of airports or with the safe approach thereto or | 25 |
| takeoff therefrom by aircraft, and to pay the cost of removal | 26 |
| or relocation; and, subject to the Airport Zoning Act, to |
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| adopt, administer, and enforce airport zoning regulations for | 2 |
| territory which is within its corporate limits or which extends | 3 |
| not more than 2 miles beyond its corporate limits. | 4 |
| (j) To restrict the height of any object of natural growth | 5 |
| or structure or structures within the vicinity of any airport | 6 |
| or within the lines of an approach to any airport and, if | 7 |
| necessary, for the reduction in the height of any such existing | 8 |
| object or structure, to enter into an agreement for the | 9 |
| reduction or to accomplish the same by condemnation. | 10 |
| (k) To agree with the State or federal governments or with | 11 |
| any public agency in respect to the removal and relocation of | 12 |
| any object of natural growth, airport hazard, or any structure | 13 |
| or building within the vicinity of any airport or within an | 14 |
| approach and which is owned or within the control of such | 15 |
| government or agency and to pay all or an agreed portion of the | 16 |
| cost of the removal or relocation. | 17 |
| (l) For the prevention of accidents, for the furtherance | 18 |
| and protection of public health, safety, and convenience in | 19 |
| respect to aeronautics, for the protection of property and | 20 |
| persons within the District from any hazard or nuisance | 21 |
| resulting from the flight of aircraft, for the prevention of | 22 |
| interference between, or collision of, aircraft while in flight | 23 |
| or upon the ground, for the prevention or abatement of | 24 |
| nuisances in the air or upon the ground, or for the extension | 25 |
| of increase in the usefulness or safety of any public airport | 26 |
| or public airport facility owned by the District, the District |
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| may regulate and restrict the flight of aircraft while within | 2 |
| or above the incorporated territory of the District. | 3 |
| (m) To police its physical property only and all waterways | 4 |
| and to exercise police powers in respect thereto or in respect | 5 |
| to the enforcement of any rule or regulation provided by the | 6 |
| ordinances of the District and to employ and commission police | 7 |
| officers and other qualified persons to enforce the same. The | 8 |
| use of any public airport or public airport facility of the | 9 |
| District shall be subject to the reasonable regulation and | 10 |
| control of the District and upon such reasonable terms and | 11 |
| conditions as shall be established by its Board. A regulatory | 12 |
| ordinance of the District adopted under any provisions of this | 13 |
| Section may provide for a suspension or revocation of any | 14 |
| rights or privileges within the control of the District for a | 15 |
| violation of any regulatory ordinance. Nothing in this Section | 16 |
| or in other provisions of this Act shall be construed to | 17 |
| authorize the Board to establish or enforce any regulation or | 18 |
| rule in respect to aviation, or the operation or maintenance of | 19 |
| any airport facility within its jurisdiction, which is in | 20 |
| conflict with any federal or State law or regulation applicable | 21 |
| to the same subject matter. | 22 |
| (n) To enter into agreements with the corporate authorities | 23 |
| or governing body of any other municipal corporation or any | 24 |
| political subdivision of this State to pay the reasonable | 25 |
| expense of services furnished by the municipal corporation or | 26 |
| political subdivision for or on account of income producing |
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| properties of the District. | 2 |
| (o) To enter into contracts dealing in any manner with the | 3 |
| objects and purposes of this Act. | 4 |
| (p) To acquire, own, lease, sell, or otherwise dispose of | 5 |
| interests in and to real property and improvements situated | 6 |
| thereon and in personal property necessary to fulfill the | 7 |
| purposes of the District. | 8 |
| (q) To designate the fiscal year for the District. | 9 |
| (r) To engage in any activity or operation which is | 10 |
| incidental to and in furtherance of efficient operation to | 11 |
| accomplish the District's primary purpose. | 12 |
| (s) To build, construct, repair, and maintain levees. | 13 |
| Section 25. Prompt payment. Purchases made pursuant to this | 14 |
| Act shall be made in compliance with the Local Government | 15 |
| Prompt Payment Act. | 16 |
| Section 30. Acquisition of property. The District has the | 17 |
| power to acquire and accept by purchase, lease, gift, grant, or | 18 |
| otherwise any property and rights useful for its purposes and | 19 |
| to provide for the development of channels, ports, harbors, | 20 |
| airports, airfields, terminals, port facilities, and terminal | 21 |
| facilities adequate to serve the needs of commerce within the | 22 |
| District. The District may acquire real or personal property or | 23 |
| any rights therein in the manner, as near as may be, as is | 24 |
| provided for the exercise of the right of eminent domain under |
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| the Eminent Domain Act; except that no rights or property of | 2 |
| any kind or character now or hereafter owned, leased, | 3 |
| controlled, or operated and used by, or necessary for the | 4 |
| actual operations of, any common carrier engaged in interstate | 5 |
| commerce, or of any other public utility subject to the | 6 |
| jurisdiction of the Illinois Commerce Commission, shall be | 7 |
| taken or appropriated by the District without first obtaining | 8 |
| the approval of the Illinois Commerce Commission. | 9 |
| Notwithstanding the provisions of any other Section of this | 10 |
| Act, the District shall have full power and authority to lease | 11 |
| any or all of its facilities for operation and maintenance to | 12 |
| any person for a length of time and upon terms as the District | 13 |
| shall deem necessary. | 14 |
| Also, the District may lease to others for any period of | 15 |
| time, not to exceed 99 years, upon terms as its Board may | 16 |
| determine, any of its real property, rights-of-way, or | 17 |
| privileges, or any interest therein, or any part thereof, for | 18 |
| industrial, manufacturing, commercial, or harbor purposes, | 19 |
| which is in the opinion of the Port District Board no longer | 20 |
| required for its primary purposes in the development of port | 21 |
| and harbor facilities for the use of public transportation, or | 22 |
| which may not be immediately needed for such purposes, but | 23 |
| where such leases will in the opinion of the Port District | 24 |
| Board aid and promote such purposes, and in conjunction with | 25 |
| such leases, the District may grant rights-of-way and | 26 |
| privileges across the property of the District, which |
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| rights-of-way and privileges may be assignable and irrevocable | 2 |
| during the term of any such lease and may include the right to | 3 |
| enter upon the property of the District to do such things as | 4 |
| may be necessary for the enjoyment of such leases, | 5 |
| rights-of-way, and privileges, and such leases may contain | 6 |
| conditions and retain such interest therein as may be deemed | 7 |
| for the best interest of the District by the Board. | 8 |
| Also, the District shall have the right to grant easements | 9 |
| and permits for the use of any real property, rights-of-way, or | 10 |
| privileges which in the opinion of the Board will not interfere | 11 |
| with the use thereof by the District for its primary purposes | 12 |
| and such easements and permits may contain such conditions and | 13 |
| retain such interest therein as may be deemed for the best | 14 |
| interest of the District by the Board. | 15 |
| With respect to any and all leases, easements, | 16 |
| rights-of-way, privileges, and permits made or granted by the | 17 |
| Board, the Board may agree upon and collect the rentals, | 18 |
| charges, and fees that may be deemed for the best interest of | 19 |
| the District. Such rentals, charges, and fees shall be used to | 20 |
| defray the reasonable expenses of the District and to pay the | 21 |
| principal of and interest on any revenue bonds issued by the | 22 |
| District. | 23 |
| Section 35. Eminent domain. Notwithstanding any other | 24 |
| provision of this Act, any power granted under this Act to | 25 |
| acquire property by condemnation or eminent domain is subject |
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| to, and shall be exercised in accordance with, the Eminent | 2 |
| Domain Act. | 3 |
| Section 40. Export trading companies. The District is | 4 |
| authorized and empowered to establish, organize, own, acquire, | 5 |
| participate in, operate, sell, and transfer export trading | 6 |
| companies, whether as shareholder, partner, or co-venturer, | 7 |
| alone or in cooperation with federal, State, or local | 8 |
| governmental authorities, federal, State, or national banking | 9 |
| associations, or any other public or private corporation or | 10 |
| person or persons. Export trading companies and all of the | 11 |
| property thereof, wholly or partly owned, directly or | 12 |
| indirectly, by the District, shall have the same privileges and | 13 |
| immunities as accorded to the District; and export trading | 14 |
| companies may borrow money or obtain financial assistance from | 15 |
| private lenders or federal and State governmental authorities | 16 |
| or issue general obligation and revenue bonds with the same | 17 |
| kinds of security, and in accordance with the same procedures, | 18 |
| restrictions, and privileges applicable when the District | 19 |
| obtains financial assistance or issues bonds for any of its | 20 |
| other authorized purposes. Such export trading companies are | 21 |
| authorized, if necessary or desirable, to apply for | 22 |
| certification under Title II or Title III of the Export Trading | 23 |
| Company Act of 1982. | 24 |
| Section 45. Grants, loans, and appropriations. The |
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| District has power to apply for and accept grants, loans, or | 2 |
| appropriations from the federal government or any agency or | 3 |
| instrumentality thereof to be used for any of the purposes of | 4 |
| the District and to enter into any agreements with the federal | 5 |
| government in relation to such grants, loans, or | 6 |
| appropriations. | 7 |
| The District may petition the administrative, judicial, or | 8 |
| legislative body of any federal, State, municipal, or local | 9 |
| authority having jurisdiction in the premises, for the adoption | 10 |
| and execution of any physical improvement, change in method or | 11 |
| system of handling freight, warehousing, docking, lightering, | 12 |
| and transfer of freight, which in the opinion of the District | 13 |
| is designed to improve the handling of commerce in and through | 14 |
| the Port District or improve terminal or transportation | 15 |
| facilities therein.
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| Section 50. Insurance contracts. The District has the power | 17 |
| to procure and enter into contracts for any type of insurance | 18 |
| or indemnity against loss or damage to property from any cause, | 19 |
| including loss of use and occupancy, against death or injury of | 20 |
| any person, against employers' liability, against any act of | 21 |
| any member, officer, or employee of the District in the | 22 |
| performance of the duties of his or her office or employment or | 23 |
| any other insurable risk. | 24 |
| Section 55. Rentals, charges, and fees. With respect to any |
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| and all leases, easements, rights-of-way, privileges, and | 2 |
| permits made or granted by the Board, the Board may agree upon | 3 |
| and collect the rentals, charges, and fees that are deemed to | 4 |
| be in the best interest of the District. Those rentals, | 5 |
| charges, and fees must be used to defray the reasonable | 6 |
| expenses of the District and to pay the principal and interest | 7 |
| upon any revenue bonds issued by the District. | 8 |
| Section 60. Borrowing money. The District has the | 9 |
| continuing power to borrow money and issue either general | 10 |
| obligation bonds after approval by referendum as provided in | 11 |
| this Section or revenue bonds without referendum approval for | 12 |
| the purpose of acquiring, constructing, reconstructing, | 13 |
| extending, or improving terminals, terminal facilities, | 14 |
| airfields, airports, and port facilities, and for acquiring any | 15 |
| property and equipment useful for the construction, | 16 |
| reconstruction, extension, improvement, or operation of its | 17 |
| terminals, terminal facilities, airfields, airports, and port | 18 |
| facilities, and for acquiring necessary cash working funds. | 19 |
| The District may pursuant to ordinance adopted by the Board | 20 |
| and without submitting the question to referendum from time to | 21 |
| time issue and dispose of its interest bearing revenue bonds | 22 |
| and may also in the same manner from time to time issue and | 23 |
| dispose of its interest bearing revenue bonds to refund any | 24 |
| revenue bonds at maturity or pursuant to redemption provisions | 25 |
| or at any time before maturity with the consent of the holders |
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| thereof. | 2 |
| If the Board desires to issue general obligation bonds, it | 3 |
| shall adopt an ordinance specifying the amount of bonds to be | 4 |
| issued, the purpose for which they will be issued, and the | 5 |
| maximum rate of interest they will bear which shall not be more | 6 |
| than that permitted in the Bond Authorization Act. The interest | 7 |
| may be paid semiannually. The ordinance shall also specify the | 8 |
| date of maturity which shall not be more than 20 years after | 9 |
| the date of issuance and shall levy a tax that will be required | 10 |
| to amortize the bonds. This ordinance shall not be effective | 11 |
| until it has been submitted to referendum of, and approved by, | 12 |
| the legal voters of the District. The Board shall certify the | 13 |
| ordinance and the proposition to the proper election officials, | 14 |
| who shall submit the proposition to the voters at an election | 15 |
| in accordance with the general election law. If a majority of | 16 |
| the vote on the proposition is in favor of the issuance of the | 17 |
| general obligation bonds, the county clerk shall annually | 18 |
| extend taxes against all taxable property within the District | 19 |
| at a rate sufficient to pay the maturing principal and interest | 20 |
| of these bonds. | 21 |
| The proposition shall be in substantially the following | 22 |
| form: | 23 |
| Shall general obligation bonds in the amount of | 24 |
| (dollars) be issued by the Alexander-Cairo Port District | 25 |
| for the (purpose) maturing in no more than (years), bearing | 26 |
| not more than (interest)%, and a tax levied to pay the |
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| principal and interest thereof?
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| The election authority must record the votes as "Yes" or "No". | 3 |
| Section 65. Revenue bonds. All revenue bonds shall be | 4 |
| payable solely from the revenues or income to be derived from | 5 |
| the terminals, terminal facilities, airfields, airports, or | 6 |
| port facilities or any part thereof. The bonds may bear any | 7 |
| date or dates and may mature at any time or times not exceeding | 8 |
| 40 years from their respective dates, all as may be provided in | 9 |
| the ordinance authorizing their issuance. The bonds, whether | 10 |
| revenue or general obligation, may bear interest at the rate or | 11 |
| rates as permitted in the Bond Authorization Act. The interest | 12 |
| on these bonds may be paid semiannually. The bonds may be in | 13 |
| any form, may carry any registration privileges, may be | 14 |
| executed in any manner, may be payable at any place or places, | 15 |
| may be made subject to redemption in any manner and upon any | 16 |
| terms, with or without premium as is stated on the face | 17 |
| thereof, may be authenticated in any manner, and may contain | 18 |
| any terms and covenants, all as may be provided in the | 19 |
| ordinance authorizing issuance.
The holder or holders of the | 20 |
| bonds or interest coupons appertaining thereto issued by the | 21 |
| District may bring civil actions to compel the performance and | 22 |
| observance by the District or any of its officers, agents, or | 23 |
| employees of any contract or covenant made by the District with | 24 |
| the holders of the bonds or interest coupons and to compel the | 25 |
| District and any of its officers, agents, or employees to |
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| perform any duties required to be performed for the benefit of | 2 |
| the holders of any such bonds or interest coupons by the | 3 |
| provision in the ordinance authorizing their issuance, and to | 4 |
| enjoin the District and any of its officers, agents, or | 5 |
| employees from taking any action in conflict with any such | 6 |
| contract or covenant, including the establishment of charges, | 7 |
| fees, and rates for the use of facilities as provided in this | 8 |
| Act. | 9 |
| Notwithstanding the form and tenor of the bond, whether | 10 |
| revenue or general obligation, and in the absence of any | 11 |
| express recital on the face thereof that it is nonnegotiable, | 12 |
| all bonds shall be negotiable instruments. Pending the | 13 |
| preparation and execution of any such bonds, temporary bonds | 14 |
| may be issued with or without interest coupons as may be | 15 |
| provided by ordinance.
| 16 |
| Section 70. Issuing bonds. All bonds, whether general | 17 |
| obligation or revenue, shall be issued and sold by the Board in | 18 |
| any manner as the Board shall determine. However, if any bonds | 19 |
| are issued to bear interest at the maximum rate of interest | 20 |
| allowed by Section 60 or 65, whichever may be applicable, the | 21 |
| bonds shall be sold for not less than par and accrued interest. | 22 |
| The selling price of bonds bearing interest at a rate less than | 23 |
| the maximum allowable interest rate per annum shall be such | 24 |
| that the interest cost to the District of the money received | 25 |
| from the bond sale shall not exceed the maximum annual interest |
|
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| rate allowed by Section 60 or 65, whichever may be applicable, | 2 |
| computed to absolute maturity of such bonds according to | 3 |
| standard tables of bond values. | 4 |
| Section 75. Rates and charges for facilities. Upon the | 5 |
| issue of any revenue bonds as provided in this Act, the Board | 6 |
| shall fix and establish rates, charges, and fees for the use of | 7 |
| facilities acquired, constructed, reconstructed, extended, or | 8 |
| improved with the proceeds derived from the sale of the revenue | 9 |
| bonds sufficient at all times with other revenues of the | 10 |
| District, if any, to pay (i) the cost of maintaining, | 11 |
| repairing, regulating, and operating the facilities and (ii) | 12 |
| the bonds and interest thereon as they become due, all sinking | 13 |
| fund requirements, and other requirements provided by the | 14 |
| ordinance authorizing the issuance of the bonds or as provided | 15 |
| by any trust agreement executed to secure payment thereof. | 16 |
| To secure the payment of any or all revenue bonds and for | 17 |
| the purpose of setting forth the covenants and undertaking of | 18 |
| the District in connection with the issuance of revenue bonds | 19 |
| and the issuance of any additional revenue bonds payable from | 20 |
| revenue income to be derived from the terminals, terminal | 21 |
| facilities, airports, airfields, and port facilities, the | 22 |
| District may execute and deliver a trust agreement or | 23 |
| agreements except that no lien upon any physical property of | 24 |
| the District shall be created thereby. A remedy for any breach | 25 |
| or default of the terms of any trust agreement by the District |
|
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| may be by mandamus proceedings in the circuit court to compel | 2 |
| performance and compliance therewith, but the trust agreement | 3 |
| may prescribe by whom or on whose behalf the action may be | 4 |
| instituted. | 5 |
| Section 80. Bonds not obligations of the State or district. | 6 |
| Under no circumstances shall any bonds issued by the District | 7 |
| or any other obligation of the District be or become an | 8 |
| indebtedness or obligation of the State of Illinois or of any | 9 |
| other political subdivision of or municipality within the | 10 |
| State. | 11 |
| No revenue bond shall be or become an indebtedness of the | 12 |
| District within the purview of any constitutional limitation or | 13 |
| provision, and it shall be plainly stated on the face of each | 14 |
| revenue bond that it does not constitute such an indebtedness, | 15 |
| or obligation but is payable solely from the revenues or income | 16 |
| derived from terminals, terminal facilities, airports, | 17 |
| airfields, and port facilities. | 18 |
| Section 85. Tax levy. The Board may, after referendum | 19 |
| approval, levy a tax for corporate purposes of the District | 20 |
| annually at the rate approved by referendum, but which rate | 21 |
| shall not exceed 0.05% of the value of all taxable property | 22 |
| within the Port District as equalized or assessed by the | 23 |
| Department of Revenue.
If the Board desires to levy the tax it | 24 |
| shall order that the question be submitted at an election to be |
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| held within the District. The Board shall certify its order and | 2 |
| the question to the proper election officials, who shall submit | 3 |
| the question to the voters at an election in accordance with | 4 |
| the general election law. The Board shall cause the result of | 5 |
| the election to be entered upon the records of the Port | 6 |
| District. If a majority of the vote on the question is in favor | 7 |
| of the proposition, the Board may annually thereafter levy a | 8 |
| tax for corporate purposes at a rate not to exceed that | 9 |
| approved by referendum but in no event to exceed 0.05% of the | 10 |
| value of all taxable property within the District as equalized | 11 |
| or assessed by the Department of Revenue. | 12 |
| The question shall be in substantially the following form: | 13 |
| Shall the Alexander-Cairo Port District levy a tax for | 14 |
| corporate purposes annually at a rate not to exceed 0.05% | 15 |
| of the value of taxable property as equalized or assessed | 16 |
| by the Department of Revenue?
| 17 |
| The election authority shall record the votes as "Yes" or "No". | 18 |
| Section 90. Permits. It is unlawful to make any fill or | 19 |
| deposit of rock, earth, sand, or other material, or any refuse | 20 |
| matter of any kind or description, or build or commence the | 21 |
| building of any wharf, pier, dolphin, boom, weir, breakwater, | 22 |
| bulkhead, jetty, bridge, or other structure over, under, or | 23 |
| within 40 feet of any navigable waters within the Port District | 24 |
| without first submitting the plans, profiles, and | 25 |
| specifications therefor, and other data and information as may |
|
|
|
SB0575 Enrolled |
- 22 - |
LRB096 06655 RLJ 16739 b |
|
| 1 |
| be required, to the Port District and receiving a permit. Any | 2 |
| person, corporation, company, municipality, or other agency, | 3 |
| that does any of the things prohibited in this Section, without | 4 |
| securing a permit as provided in this Section, shall be guilty | 5 |
| of a Class A misdemeanor; provided, however, that no such | 6 |
| permit shall be required in the case of any project for which a | 7 |
| permit shall have been secured from a proper governmental | 8 |
| agency prior to the creation of the Port District nor shall any | 9 |
| such permit be required in the case of any project to be | 10 |
| undertaken by any city, village, or incorporated town in the | 11 |
| District, or any combination thereof, for which a permit is | 12 |
| required from a governmental agency other than the District | 13 |
| before the municipality can proceed with such project. And in | 14 |
| such event, such municipalities, or any of them, shall give at | 15 |
| least 10 days' notice to the District of the application for a | 16 |
| permit for any such project from a governmental agency other | 17 |
| than the District so that the District may be present and | 18 |
| represent its position relative to the application before the | 19 |
| other governmental agency. Any structure, fill, or deposit | 20 |
| erected or made in any of the public bodies of water within the | 21 |
| Port District, in violation of the provisions of this Section, | 22 |
| is a purpresture and may be abated as such at the expense of | 23 |
| the person, corporation, company, municipality, or other | 24 |
| agency responsible. If in the discretion of the Port District | 25 |
| it is decided that the structure, fill, or deposit may remain, | 26 |
| the Port District may fix any rule, regulation, requirement, |
|
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|
SB0575 Enrolled |
- 23 - |
LRB096 06655 RLJ 16739 b |
|
| 1 |
| restrictions, or rentals or require and compel any changes, | 2 |
| modifications, and repairs as shall be necessary to protect the | 3 |
| interest of the Port District. | 4 |
| Section 95. Board members. The governing and | 5 |
| administrative body of the Port District shall be a Board | 6 |
| consisting of 7 members, to be known as the Alexander-Cairo | 7 |
| Port District Board. All members of the Board shall be | 8 |
| residents of the District. The members of the Board shall serve | 9 |
| without compensation but shall be reimbursed for actual | 10 |
| expenses incurred by them in the performance of their duties. | 11 |
| However, any member of the Board who is appointed to the office | 12 |
| of secretary or treasurer may receive compensation for his or | 13 |
| her services as such officer. No member of the Board or | 14 |
| employee of the District shall have any private financial | 15 |
| interest, profit, or benefit in any contract, work, or business | 16 |
| of the District nor in the sale or lease of any property to or | 17 |
| from the District. | 18 |
| Section 100. Board appointments; terms. The Governor shall | 19 |
| appoint 4 members of the Board, the Mayor of the City of Cairo | 20 |
| shall appoint one member of the Board, and the chairperson of | 21 |
| the Alexander County Board, with the advice and consent of the | 22 |
| Alexander County Board, shall appoint 2 members of the Board. | 23 |
| All initial appointments shall be made within 60 days after | 24 |
| this Act takes effect. Of the 4 members initially appointed by |
|
|
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| the Governor, 2 shall be appointed for initial terms expiring | 2 |
| June 1, 2012 and 2 shall be appointed for initial terms | 3 |
| expiring June 1, 2013. The term of the member initially | 4 |
| appointed by the Mayor shall expire June 1, 2013. Of the 2 | 5 |
| members appointed by the Alexander County Board Chairperson, | 6 |
| one shall be appointed for an initial term expiring June 1, | 7 |
| 2012, and one shall be appointed for an initial term expiring | 8 |
| June 1, 2013. At the expiration of the term of any member, his | 9 |
| or her successor shall be appointed by the Governor, Mayor, or | 10 |
| Alexander County Board Chairperson in like manner and with like | 11 |
| regard to place of residence of the appointee, as in the case | 12 |
| of appointments for the initial terms. | 13 |
| After the expiration of initial terms, each successor shall | 14 |
| hold office for the term of 3 years beginning the first day of | 15 |
| June of the year in which the term of office commences. In the | 16 |
| case of a vacancy during the term of office of any member | 17 |
| appointed by the Governor, the Governor shall make an | 18 |
| appointment for the remainder of the term vacant and until a | 19 |
| successor is appointed and qualified. In the case of a vacancy | 20 |
| during the term of office of any member appointed by the Mayor, | 21 |
| the Mayor shall make an appointment for the remainder of the | 22 |
| term vacant and until a successor is appointed and qualified. | 23 |
| In the case of a vacancy during the term of office of any | 24 |
| member appointed by the Alexander County Board Chairperson, the | 25 |
| Alexander County Board Chairperson shall make an appointment | 26 |
| for the remainder of the term vacant and until a successor is |
|
|
|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| appointed and qualified. The Governor, Mayor, and Alexander | 2 |
| County Board Chairperson shall certify their respective | 3 |
| appointments to the Secretary of State. Within 30 days after | 4 |
| certification of his or her appointment, and before entering | 5 |
| upon the duties of his or her office, each member of the Board | 6 |
| shall take and subscribe the constitutional oath of office and | 7 |
| file it in the office of the Secretary of State. | 8 |
| Section 105. Resignation and removal of Board members. | 9 |
| Members of the Board shall hold office until their respective | 10 |
| successors have been appointed and qualified. Any member may | 11 |
| resign from his or her office to take effect when his or her | 12 |
| successor has been appointed and has qualified. The Governor, | 13 |
| Mayor, or Alexander County Board Chairperson, respectively, | 14 |
| may remove any member of the Board they have appointed in case | 15 |
| of incompetency, neglect of duty, or malfeasance in office. | 16 |
| They shall give the member a copy of the charges against him or | 17 |
| her and an opportunity to be publicly heard in person or by | 18 |
| counsel in his or her own defense upon not less than 10 days' | 19 |
| notice. In case of failure to qualify within the time required, | 20 |
| or of abandonment of his or her office, or in case of death, | 21 |
| conviction of a felony, or removal from office, the office of | 22 |
| the member shall become vacant. Each vacancy shall be filled | 23 |
| for the unexpired term by appointment in the same manner as in | 24 |
| the case of the expiration of a Board member's term. |
|
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| Section 110. Organization of the Board. As soon as possible | 2 |
| after the appointment of the initial members, the Board shall | 3 |
| organize for the transaction of business, select a chairperson | 4 |
| and a temporary secretary from its own number, and adopt bylaws | 5 |
| and regulations to govern its proceedings. The initial | 6 |
| chairperson and successors shall be elected by the Board from | 7 |
| time to time for the term of his or her office as a member of | 8 |
| the Board. | 9 |
| Section 115. Meetings. Regular meetings of the Board shall | 10 |
| be held at least once in each calendar month, the time and | 11 |
| place of the meetings to be fixed by the Board. Four members of | 12 |
| the Board shall constitute a quorum for the transaction of | 13 |
| business. All action of the Board shall be by ordinance or | 14 |
| resolution and the affirmative vote of at least 4 members shall | 15 |
| be necessary for the adoption of any ordinance or resolution. | 16 |
| All such ordinances and resolutions before taking effect shall | 17 |
| be approved by the chairperson of the Board, and if he or she | 18 |
| approves, the chairperson shall sign the same, and if the | 19 |
| chairperson does not approve, the chairperson shall return to | 20 |
| the Board with his or her objections in writing at the next | 21 |
| regular meeting of the Board occurring after the passage. But | 22 |
| in the case the chairperson fails to return any ordinance or | 23 |
| resolution with his or her objections within the prescribed | 24 |
| time, the chairperson shall be deemed to have approved the | 25 |
| ordinance and it shall take effect accordingly. Upon the return |
|
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| of any ordinance or resolution by the chairperson with his or | 2 |
| her objections, the vote shall be reconsidered by the Board, | 3 |
| and if, upon reconsideration of the ordinance or resolution, it | 4 |
| is passed by the affirmative vote of at least 5 members, it | 5 |
| shall go into effect notwithstanding the veto of the | 6 |
| chairperson. All ordinances, resolutions, and proceedings of | 7 |
| the District and all documents and records in its possession | 8 |
| shall be public records, and open to public inspection, except | 9 |
| for documents and records that are kept or prepared by the | 10 |
| Board for use in negotiations, legal actions, or proceedings to | 11 |
| which the District is a party. | 12 |
| Section 120. Secretary and treasurer; oath and bond. The | 13 |
| Board shall appoint a secretary and a treasurer, who need not | 14 |
| be members of the Board, to hold office during the pleasure of | 15 |
| the Board, and fix their duties and compensation. The secretary | 16 |
| and treasurer shall be residents of the District. Before | 17 |
| entering upon the duties of their respective offices, they | 18 |
| shall take and subscribe the constitutional oath of office, and | 19 |
| the treasurer shall execute a bond with corporate sureties to | 20 |
| be approved by the Board. The bond shall be payable to the | 21 |
| District in whatever penal sum may be directed by the Board | 22 |
| conditioned upon the faithful performance of the duties of the | 23 |
| office and the payment of all money received by him or her | 24 |
| according to law and the orders of the Board. The Board may, at | 25 |
| any time, require a new bond from the treasurer in such penal |
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| sum as may then be determined by the Board. The obligation of | 2 |
| the sureties shall not extend to any loss sustained by the | 3 |
| insolvency, failure, or closing of any savings and loan | 4 |
| association or national or State bank wherein the treasurer has | 5 |
| deposited funds if the bank or savings and loan association has | 6 |
| been approved by the Board as a depositary for these funds. The | 7 |
| oaths of office and the treasurer's bond shall be filed in the | 8 |
| principal office of the District. | 9 |
| Section 125. Deposits; checks or drafts. All funds | 10 |
| deposited by the treasurer in any bank or savings and loan | 11 |
| association shall be placed in the name of the District and | 12 |
| shall be withdrawn or paid out only by check or draft upon the | 13 |
| bank or savings and loan association, signed by the treasurer | 14 |
| and countersigned by the chairperson of the Board. Subject to | 15 |
| prior approval of such designations by a majority of the Board, | 16 |
| the chairperson may designate any other Board member or any | 17 |
| officer of the District to affix the signature of the | 18 |
| chairperson and the treasurer may designate any other officer | 19 |
| of the District to affix the signature of the treasurer to any | 20 |
| check or draft for payment of salaries or wages and for payment | 21 |
| of any other obligation of not more than $2,500. | 22 |
| No bank or savings and loan association shall receive | 23 |
| public funds as permitted by this Section, unless it has | 24 |
| complied with the requirements established pursuant to Section | 25 |
| 6 of the Public Funds Investment Act. |
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| In case any officer whose signature appears upon any check | 2 |
| or draft issued pursuant to this Act, ceases to hold his or her | 3 |
| office before the delivery thereof to the payee, his or her | 4 |
| signature nevertheless shall be valid and sufficient for all | 5 |
| purposes with the same effect as if he or she had remained in | 6 |
| office until delivery thereof. | 7 |
| Section 130. General manager. The Board may appoint a | 8 |
| general manager who shall be a person of recognized ability and | 9 |
| business experience to hold office during the pleasure of the | 10 |
| Board. The general manager shall manage the properties and | 11 |
| business of the District and the employees thereof subject to | 12 |
| the general control of the Board, shall direct the enforcement | 13 |
| of all ordinances, resolutions, rules, and regulations of the | 14 |
| Board, and shall perform other duties as may be prescribed from | 15 |
| time to time by the Board. The Board may appoint a general | 16 |
| attorney and a chief engineer, and shall provide for the | 17 |
| appointment of other officers, attorneys, engineers, | 18 |
| consultants, agents, and employees as may be necessary. It | 19 |
| shall define their duties and may require bonds of such of them | 20 |
| as the Board may designate. The general manager, general | 21 |
| attorney, chief engineer, and all other officers provided for | 22 |
| pursuant to this Section shall be exempt from taking and | 23 |
| subscribing any oath of office and shall not be members of the | 24 |
| Board. The compensation of the general manager, general | 25 |
| attorney, chief engineer, and all other officers, attorneys, |
|
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|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
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| 1 |
| consultants, agents, and employees shall be fixed by the Board. | 2 |
| Section 135. Fines and penalties. The Board has the power | 3 |
| to pass all ordinances and make all rules and regulations | 4 |
| proper or necessary, and to carry into effect the powers | 5 |
| granted to the District, with such fines or penalties as may be | 6 |
| deemed proper. All fines and penalties shall be imposed by | 7 |
| ordinances, which shall be published in a newspaper of general | 8 |
| circulation in the area embraced by the District. No ordinance | 9 |
| shall take effect until 10 days after its publication. | 10 |
| Section 140. Report and financial statement. Within 60 days | 11 |
| after the end of each fiscal year, the Board shall cause to be | 12 |
| prepared and printed a complete and detailed report and | 13 |
| financial statement of the operations and assets and | 14 |
| liabilities of the Port District. A reasonably sufficient | 15 |
| number of copies of the report shall be printed for | 16 |
| distribution to persons interested, upon request, and a copy | 17 |
| thereof shall be filed with the Governor and the county clerk | 18 |
| and the presiding officer of the County Board of Alexander | 19 |
| County. A copy of the report shall be addressed to and mailed | 20 |
| to the corporate authorities of each municipality within the | 21 |
| area of the District. | 22 |
| Section 145. Investigations. The Board may investigate | 23 |
| conditions in which it has an interest within the area of the |
|
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| District, the enforcement of its ordinances, rules, and | 2 |
| regulations, and the action, conduct, and efficiency of all | 3 |
| officers, agents, and employees of the District. In the conduct | 4 |
| of such investigations, the Board may hold public hearings on | 5 |
| its own motion, and shall do so on complaint of any | 6 |
| municipality within the District. Each member of the Board | 7 |
| shall have power to administer oaths, and the secretary, by | 8 |
| order of the Board, shall issue subpoenas to secure the | 9 |
| attendance and testimony of witnesses and the production of | 10 |
| books and papers relevant to such investigations and to any | 11 |
| hearing before the Board or any member of the Board. | 12 |
| Any circuit court of this State, upon application of the | 13 |
| Board, or any member of the Board, may in its discretion compel | 14 |
| the attendance of witnesses, the production of books and | 15 |
| papers, and the giving of testimony before the Board or before | 16 |
| any member of the Board or any officers' committee appointed by | 17 |
| the Board, by attachment for contempt or otherwise in the same | 18 |
| manner as the production of evidence may be compelled before | 19 |
| the court. | 20 |
| Section 150. Administrative Review Law. All final | 21 |
| administrative decisions of the Board hereunder shall be | 22 |
| subject to judicial review pursuant to the provisions of the | 23 |
| Administrative Review Law, and all amendments and | 24 |
| modifications thereof, and the rules adopted pursuant thereto. | 25 |
| The term "administrative decision" is defined as in Section |
|
|
|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| 3-101 of the Code of Civil Procedure. | 2 |
| Section 155. Records. In the conduct of any investigation | 3 |
| authorized by Section 145, the Port District shall, at its | 4 |
| expense, provide a stenographer to take down all testimony and | 5 |
| shall preserve a record of the proceedings. The notice of | 6 |
| hearing, complaint, and all other documents in the nature of | 7 |
| pleadings and written motions filed in the proceedings, the | 8 |
| transcript of testimony, and the orders or decision of the | 9 |
| Board constitutes the record of the proceedings. | 10 |
| The Port District is not required to certify any record or | 11 |
| file any answer or otherwise appear in any proceeding for | 12 |
| judicial review of an administrative decision unless the party | 13 |
| asking for review deposits with the clerk of the court the sum | 14 |
| of 75 cents per page of the record representing the costs of | 15 |
| such certification. Failure to make such deposit is grounds for | 16 |
| dismissal of the action. | 17 |
| Section 160. Annexation. Territory which is contiguous to | 18 |
| the District and which is not included within any other port | 19 |
| district may be annexed to and become a part of the District in | 20 |
| the manner provided in Section 165 or 170, whichever may be | 21 |
| applicable. | 22 |
| Section 165. Petition for annexation. At least 5% of the | 23 |
| legal voters resident within the limits of the proposed |
|
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| addition to the District may petition the circuit court for the | 2 |
| county in which the major part of the District is situated, to | 3 |
| cause the question to be submitted to the legal voters of the | 4 |
| proposed additional territory, whether such proposed | 5 |
| additional territory shall become a part of the District and | 6 |
| assume a proportionate share of the general obligation bonded | 7 |
| indebtedness, if any, of the District. The petition shall be | 8 |
| addressed to the court and shall contain a definite description | 9 |
| of the boundaries of the territory to be embraced in the | 10 |
| proposed addition. | 11 |
| Upon filing any petition with the clerk of the court, the | 12 |
| court shall fix a time and place for a hearing upon the subject | 13 |
| of the petition. | 14 |
| Notice shall be given by the court to whom the petition is | 15 |
| addressed, or by the circuit clerk or sheriff of the county in | 16 |
| which the petition is made at the order and direction of the | 17 |
| court, of the time and place of the hearing upon the subject of | 18 |
| the petition at least 20 days before the hearing by at least | 19 |
| one publication of the notice in any newspaper having general | 20 |
| circulation within the area proposed to be annexed, and by | 21 |
| mailing a copy of the notice to the mayor or president of the | 22 |
| board of trustees of all municipalities within the District. | 23 |
| At the hearing, all persons residing in or owning property | 24 |
| situated in the area proposed to be annexed to the District may | 25 |
| appear and be heard touching upon the sufficiency of the | 26 |
| petition. If the court finds that the petition does not comply |
|
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SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| with the requirements of the law, the court shall dismiss the | 2 |
| petition; but if the court finds that the petition is | 3 |
| sufficient, the court shall certify the proposition to the | 4 |
| proper election officials, who shall submit the proposition to | 5 |
| the voters at an election in accordance with the general | 6 |
| election law. In addition to the requirements of the general | 7 |
| election law, the notice of the referendum shall specify the | 8 |
| purpose of the referendum and include a description of the area | 9 |
| proposed to be annexed to the District. | 10 |
| The proposition shall be in substantially the following | 11 |
| form:
| 12 |
| Shall (description of the territory proposed to be | 13 |
| annexed) join the Alexander-Cairo Port District? | 14 |
| The votes shall be recorded as "Yes" or "No". | 15 |
| The court shall cause a statement of the result of the | 16 |
| referendum to be filed in the records of the court. | 17 |
| If a majority of the votes cast upon the question of | 18 |
| annexation to the District are in favor of becoming a part of | 19 |
| the District, the court shall then enter an order stating that | 20 |
| the additional territory shall thenceforth be an integral part | 21 |
| of the Alexander-Cairo Port District and subject to all of the | 22 |
| benefits of service and responsibilities of the District. The | 23 |
| circuit clerk shall transmit a certified copy of the order to | 24 |
| the circuit clerk of any other county in which any of the | 25 |
| territory affected is situated.
|
|
|
|
SB0575 Enrolled |
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LRB096 06655 RLJ 16739 b |
|
| 1 |
| Section 170. Annexation of territory having no legal | 2 |
| voters. If there is territory contiguous to the District that | 3 |
| has no legal voters residing therein, a petition to annex the | 4 |
| territory, signed by all the owners of record of the territory, | 5 |
| may be filed with the circuit court for the county in which the | 6 |
| major part of the District is situated. A time and place for a | 7 |
| hearing on the subject of the petition shall be fixed and | 8 |
| notice shall be given in the manner provided in Section 165. At | 9 |
| the hearing, any owner of land in the territory proposed to be | 10 |
| annexed, the District, and any resident of the District may | 11 |
| appear and be heard touching on the sufficiency of the | 12 |
| petition. If the court finds that the petition satisfies the | 13 |
| requirements of this Section, it shall enter an order stating | 14 |
| that thenceforth the territory shall be an integral part of the | 15 |
| Alexander-Cairo Port District and subject to all of the | 16 |
| benefits of service and responsibilities, including the | 17 |
| assumption of a proportionate share of the general obligation | 18 |
| bonded indebtedness, if any, of the District. The circuit clerk | 19 |
| shall transmit a certified copy of the order of the court to | 20 |
| the circuit clerk of any other county in which the annexed | 21 |
| territory is situated. | 22 |
| Section 175. Non-applicability. The provisions of the | 23 |
| Illinois Municipal Code, the Airport Authorities Act, and the | 24 |
| General County Airport and Landing Field Act, shall not be | 25 |
| effective within the area of the District insofar as the |
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| provisions of those Acts conflict with the provisions of this | 2 |
| Act or grant substantially the same powers to any municipal | 3 |
| corporation or political subdivision as are granted to the | 4 |
| District by this Act. | 5 |
| The provisions of this Act shall not be considered as | 6 |
| impairing, altering, modifying, repealing, or superseding any | 7 |
| of the jurisdiction or powers of the Illinois Commerce | 8 |
| Commission or of the Department of Natural Resources under the | 9 |
| Rivers, Lakes, and Streams Act. Nothing in this Act or done | 10 |
| under its authority shall apply to, restrict, limit, or | 11 |
| interfere with the use of any terminal facility or port | 12 |
| facility owned or operated by any private person for the | 13 |
| storage, handling, or transfer of any commodity moving in | 14 |
| interstate commerce or the use of the land and facilities of a | 15 |
| common carrier or other public utility and the space above such | 16 |
| land and facilities in the business of such common carrier or | 17 |
| other public utility, without approval of the Illinois Commerce | 18 |
| Commission and without the payment of just compensation to any | 19 |
| such common carrier or other public utility for damages | 20 |
| resulting from any such restriction, limitation, or | 21 |
| interference. | 22 |
| Section 180. Severability. The provisions of this Act are | 23 |
| severable under Section 1.31 of the Statute on Statutes. | 24 |
| Section 185. The Jackson-Union Counties Regional Port |
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| District Act is amended by changing Section 16 as follows: | 2 |
| (70 ILCS 1820/16) (from Ch. 19, par. 866) | 3 |
| Sec. 16. Appointment; vacancies. The Governor shall | 4 |
| appoint 4 members of the Board, each Mayor
of the | 5 |
| municipalities of Grand Tower, Jonesboro, Gorham, Murphysboro,
| 6 |
| Carbondale, Anna, Cobden, Makanda, Ava, Mill Creek, Elkville, | 7 |
| Alto Pass,
Vergennes, Dowell, DeSoto, Campbell Hill, and | 8 |
| Dongola shall
appoint one
member of the Board, and each County | 9 |
| Board of Jackson County and Union County
shall appoint one | 10 |
| member of the Board. All initial appointments shall be
made | 11 |
| within 60 days after this Act takes effect. Of the 4 members | 12 |
| initially
appointed by the Governor 2 shall be appointed for | 13 |
| initial terms expiring
June 1, 1978, and 2 for an initial term | 14 |
| expiring June 1, 1979. The terms
of the members initially | 15 |
| appointed by the respective Mayors and County Boards
shall | 16 |
| expire June 1, 1979. At the expiration of the term of any | 17 |
| member,
his or her successor shall be appointed by the | 18 |
| Governor, the respective Mayors,
or the respective County | 19 |
| Boards in like manner and with like regard to
place of | 20 |
| residence of the appointee, as in the case of appointments for
| 21 |
| the initial terms. | 22 |
| After the expiration of initial terms, each successor shall | 23 |
| hold office
for the term of 3 years beginning the first day of | 24 |
| June of the year in which
the term of office commences. In the | 25 |
| case of a vacancy during the term
of office of any member |
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| appointed by the Governor, the Governor shall make
an | 2 |
| appointment for the remainder of the term vacant and until a | 3 |
| successor
is appointed and qualified. In case of a vacancy | 4 |
| during the term of office
of any member appointed by a Mayor, | 5 |
| the proper Mayor shall
make an appointment for the remainder of | 6 |
| the term vacant and until a successor
is appointed and | 7 |
| qualified. In case of a vacancy during the term of office
of | 8 |
| any member appointed by a County Board, the proper County Board | 9 |
| shall
make an appointment for the remainder of the term vacant | 10 |
| and until a successor
is appointed and qualified. The Governor, | 11 |
| each Mayor, and each County Board
shall certify their | 12 |
| respective appointments to the Secretary of State.
Within 30 | 13 |
| days after certification of his or her appointment, and before | 14 |
| entering
upon the duties of his or her office, each member of | 15 |
| the Board shall take and
subscribe
the constitutional oath of
| 16 |
| office and file it in the office of the Secretary of State. | 17 |
| Notwithstanding any provision of this Section to the | 18 |
| contrary, if there is a vacancy for 3 months or more in the | 19 |
| office of a member appointed by a mayor, then the Board may | 20 |
| request that the county board of the county in which the | 21 |
| municipality is located appoint a person to fill the vacancy | 22 |
| for the remainder of the term or until a successor is appointed | 23 |
| and qualified. Before requesting that the county board fill the | 24 |
| vacancy, the Board must notify the mayor authorized to fill the | 25 |
| vacancy by first class mail. The notice must be sent no later | 26 |
| than 30 days after the vacancy occurs. Any Board member |
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| appointed under this paragraph must be a resident of the county | 2 |
| making the appointment to fill the vacancy. | 3 |
| Every person appointed to the Board after the effective | 4 |
| date
of this amendatory Act of 1981 shall be a resident of the | 5 |
| unit of
local government which makes the appointment. Persons | 6 |
| appointed
by the Governor shall reside in the district. | 7 |
| (Source: P.A. 90-655, eff. 7-30-98.) | 8 |
| Section 190. The Eminent Domain Act is amended by changing | 9 |
| Section 15-5-45 as follows: | 10 |
| (735 ILCS 30/15-5-45)
| 11 |
| Sec. 15-5-45. Eminent domain powers in new Acts. The | 12 |
| following provisions of law may include express grants of the | 13 |
| power to acquire property by condemnation or eminent domain: | 14 |
| Massac-Metropolis Port District Act; Massac-Metropolis Port | 15 |
| District; for general purposes.
| 16 |
| Alexander-Cairo Port District Act; Alexander-Cairo Port | 17 |
| District; for general purposes. | 18 |
| (Source: P.A. 96-838, eff. 12-16-09.)
| 19 |
| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law. |
|