093_SB1944ham001

 










                                     LRB093 08878 MKM 20095 a

 1                    AMENDMENT TO SENATE BILL 1944

 2        AMENDMENT NO.     .  Amend Senate Bill 1944 by  replacing
 3    the title with the following:
 4        "AN ACT concerning port districts."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Tri-City Regional Port District  Act  is
 8    amended by changing Section 4 as follows:

 9        (70 ILCS 1860/4) (from Ch. 19, par. 287)
10        Sec.  4.  The  Port District has the following rights and
11    powers:
12        1.  To  issue  permits:  for  the  construction  of   all
13    wharves,   piers,   dolphins,   booms,   weirs,  breakwaters,
14    bulkheads, jetties, bridges or other structures of any  kind,
15    over,  under,  in,  or within 40 feet of any navigable waters
16    within the Port District; for the  deposit  of  rock,  earth,
17    sand  or  other  material,  or  any  matter  of  any  kind or
18    description in such waters; except that nothing contained  in
19    this paragraph 1 shall be construed so that it will be deemed
20    necessary  to  obtain  a  permit  from  the  District for the
21    erection, operation or maintenance of any bridge  crossing  a
 
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 1    waterway  which  serves  as  a  boundary between the State of
 2    Illinois and any other State, when such  erection,  operation
 3    or maintenance is performed by any city within the District;
 4        2.  To   prevent  or  remove  obstructions  in  navigable
 5    waters, including the removal of wrecks;
 6        3.  To locate and  establish  dock  lines  and  shore  or
 7    harbor lines;
 8        4.  To regulate the anchorage, moorage and speed of water
 9    borne  vessels  and  to establish and enforce regulations for
10    the operation of bridges, except nothing  contained  in  this
11    paragraph 4 shall be construed to give the District authority
12    to  regulate  the operation of any bridge crossing a waterway
13    which serves as a boundary between the State of Illinois  and
14    any  other  State,  when such operation is performed or to be
15    performed by any city within the District;
16        5.  To acquire, own, construct, lease for any period  not
17    exceeding  99 years, operate and maintain terminals, terminal
18    facilities and port facilities,  to  fix  and  collect  just,
19    reasonable, and nondiscriminatory charges for the use of such
20    facilities,  and,  except  as  provided herein for short term
21    financing, to use the charges  so  collected  to  defray  the
22    reasonable  expenses  of  the  Port  District  and to pay the
23    principal of and interest on any revenue bonds issued by  the
24    District;
25        6.  To  acquire,  erect, construct, reconstruct, improve,
26    maintain, operate and lease in whole or part for  any  period
27    not  exceeding  99  years,  central  office or administrative
28    facilities for use by the Port District, any tenant, occupant
29    or user of the District  facilities,  or  anyone  engaged  in
30    commerce in the District.
31        7.  To sell, assign, pledge or hypothecate in whole or in
32    part  any contract, lease, income, charges, tolls, rentals or
33    fees of the District to provide short term interim  financing
34    pending  the  issuance  of  revenue  bonds  by  the District,
 
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 1    provided that  when  such  revenue  bonds  are  issued,  such
 2    contracts,  leases,  income,  charges, tolls, rentals or fees
 3    shall be used to defray the reasonable expenses of  the  Port
 4    District  and  pay the principal of and income on any revenue
 5    bonds issued by the District;
 6        8.  To acquire, own, construct, lease for any period  not
 7    exceeding  99  years,  operate,  develop  and  maintain  Port
 8    District water and sewerage systems including but not limited
 9    to  pipes,  mains,  lines, sewers, pumping stations, settling
10    tanks, treatment plants, water purification equipment, wells,
11    storage facilities and  all  other  equipment,  material  and
12    facilities  necessary  to  such  systems,  for  the  use upon
13    payment of a reasonable fee as set by the  District,  of  any
14    tenant,  occupant  or  user  of  the  District facilities, or
15    anyone engaged in commerce in the District, provided that the
16    District shall not acquire, own, construct,  lease,  operate,
17    develop  and maintain such water and sewerage systems if such
18    services can be provided by a  public  utility  or  municipal
19    corporation  upon  request  of  the  District,  and  provided
20    further  that  if  the  District  develops  its own water and
21    sewerage systems such systems may be sold or disposed  of  at
22    anytime  to any public utility or municipal corporation which
23    will continue to service the Port District.
24        9.  To create, establish, maintain and operate  a  public
25    incinerator  for  waste disposal by incineration by any means
26    or method, for use by  municipalities  for  the  disposal  of
27    municipal  wastes  and  by  industries  for  the  disposal of
28    industrial waste; and to lease  land  and  said  incineration
29    facilities for the operation of an incinerator for a term not
30    exceeding  99  years  and to fix and collect just, reasonable
31    and  non-discriminatory  charges  for   the   use   of   such
32    incinerating  facilities,  and  to  use  the charges or lease
33    proceeds to  defray  the  reasonable  expenses  of  the  Port
34    District,  and  to  pay  the principal of and interest on any
 
                            -4-      LRB093 08878 MKM 20095 a
 1    revenue bonds issued by the Port District.
 2        10.  To locate, establish and maintain a public  airport,
 3    public  airports  and  public  airport  facilities within its
 4    corporate limits or within or upon any body of water adjacent
 5    thereto,  and  to  construct,  develop,  expand,  extend  and
 6    improve any such airport or airport facilities;
 7        11.  To operate, maintain, manage, lease or sublease  for
 8    any period not exceeding 99 years, and to make and enter into
 9    contracts  for  the  use,  operation or management of, and to
10    provide rules and regulations for, the operation,  management
11    or use of, any public airport or public airport facility;
12        12.  To  fix,  charge  and  collect  reasonable  rentals,
13    tolls,  fees,  and charges for the use of any public airport,
14    or any part thereof, or any public airport facility;
15        13.  To establish, maintain, extend and improve  roadways
16    and  approaches by land, water or air to any such airport and
17    to  contract  or  otherwise  provide,  by   condemnation   if
18    necessary,  for  the  removal  of  any  airport hazard or the
19    removal or relocation of all  private  structures,  railways,
20    mains,   pipes,   conduits,   wires,  poles,  and  all  other
21    facilities  and  equipment  which  may  interfere  with   the
22    location,  expansion, development, or improvement of airports
23    or with the safe approach thereto or  take-off  therefrom  by
24    aircraft,  and to pay the cost of removal or relocation; and,
25    subject to the "Airport Zoning Act", approved July 17,  1945,
26    as  amended,  to adopt, administer and enforce airport zoning
27    regulations for  territory  which  is  within  its  corporate
28    limits  or  which  extends  not  more than 2 miles beyond its
29    corporate limits;
30        14.  To restrict the height  of  any  object  of  natural
31    growth  or structure or structures within the vicinity of any
32    airport or within the lines of an  approach  to  any  airport
33    and,  when  necessary, for the reduction in the height of any
34    such existing object or structure, to enter into an agreement
 
                            -5-      LRB093 08878 MKM 20095 a
 1    for such reduction or to accomplish same by condemnation;
 2        15.  To agree with the state or  federal  governments  or
 3    with  any  public  agency  in  respect  to  the  removal  and
 4    relocation of any object of natural growth, airport hazard or
 5    any  structure or building within the vicinity of any airport
 6    or within an approach  and  which  is  owned  or  within  the
 7    control  of  such  government  or agency and to pay all or an
 8    agreed portion of the cost of such removal or relocation;
 9        16.  For the prevention of accidents, for the furtherance
10    and protection of public health, safety  and  convenience  in
11    respect  to  aeronautics,  for the protection of property and
12    persons within the  District  from  any  hazard  or  nuisance
13    resulting  from the flight of aircraft, for the prevention of
14    interference between, or  collision  of,  aircraft  while  in
15    flight or upon the ground, for the prevention or abatement of
16    nuisances  in the air or upon the ground or for the extension
17    or increase in the usefulness or safety of any public airport
18    or  public  airport  facility  owned  by  the  District,  the
19    District may regulate and restrict  the  flight  of  aircraft
20    while  within  or  above  the  incorporated  territory of the
21    District;
22        17.  To  police  its  physical  property  only  and   all
23    waterways and to exercise police powers in respect thereto or
24    in  respect  to  the  enforcement  of  any rule or regulation
25    provided by the ordinances of the District and to employ  and
26    commission  police  officers  and  other qualified persons to
27    enforce the same.  The use of  any  such  public  airport  or
28    public  airport  facility of the District shall be subject to
29    the reasonable regulation and control  of  the  District  and
30    upon  such  reasonable  terms  and  conditions  as  shall  be
31    established  by  its  Board.   A  regulatory ordinance of the
32    District adopted under any  provision  of  this  Section  may
33    provide  for  a  suspension  or  revocation  of any rights or
34    privileges within the control of the District for a violation
 
                            -6-      LRB093 08878 MKM 20095 a
 1    of any such regulatory ordinance.  Nothing in this Section or
 2    in other  provisions  of  this  Act  shall  be  construed  to
 3    authorize  such  Board to establish or enforce any regulation
 4    or  rule  in  respect  to  aviation,  or  the  operation   or
 5    maintenance  of any airport facility within its jurisdiction,
 6    which is in  conflict  with  any  federal  or  state  law  or
 7    regulation applicable to the same subject matter;
 8        18.  To   enter   into   agreements  with  the  corporate
 9    authorities  or  governing  body  of  any   other   municipal
10    corporation or any political subdivision of this State to pay
11    the   reasonable   expense  of  services  furnished  by  such
12    municipal corporation or  political  subdivision  for  or  on
13    account of income producing properties of the District;
14        19.  To  enter  into contracts dealing in any manner with
15    the objects and purposes of this Act;
16        20.  To acquire, own, lease, sell or otherwise dispose of
17    interests in and to real property  and  improvements  situate
18    thereon  and  in  personal  property necessary to fulfill the
19    purposes of the District;
20        21.  To designate the fiscal year for the District;
21        22.  To engage in any  activity  or  operation  which  is
22    incidental  to  and  in furtherance of efficient operation to
23    accomplish the District's primary purpose;.
24        23.  To apply to proper authorities of the United  States
25    of America pursuant to appropriated Federal Law for the right
26    to establish, operate, maintain and lease foreign trade zones
27    and sub-zones within the limits of the Tri-City Regional Port
28    District  or  within  the  jurisdiction  of the United States
29    Customs Service Office of the St. Louis Port of Entry and  to
30    establish,  operate,  maintain  and  lease such foreign trade
31    zones and the sub-zones;.
32        24.  To operate, maintain, manage, lease, or sublease for
33    any period not exceeding 99 years any  former  military  base
34    owned or leased by the District and within its jurisdictional
 
                            -7-      LRB093 08878 MKM 20095 a
 1    boundaries,  to make and enter into any contract for the use,
 2    operation, or management of any former military base owned or
 3    leased by the District and located within its  jurisdictional
 4    boundaries,  and  to  provide  rules  and regulations for the
 5    development,  redevelopment,  and  expansion  of  any  former
 6    military base owned or leased by  the  District  and  located
 7    within its jurisdictional boundaries;
 8        25.  To locate, establish, re-establish, expand or renew,
 9    construct or reconstruct, operate, and maintain any facility,
10    building,  structure,  or  improvement for a use or a purpose
11    consistent with any use or purpose  of  any  former  military
12    base  owned  or leased by the District and located within its
13    jurisdictional boundaries;
14        26.  To acquire, own, sell, convey, construct, lease  for
15    any  period  not exceeding 99 years, manage, operate, expand,
16    develop, and maintain any  electrical  or  telephone  system,
17    including,  but not limited to, all equipment, materials, and
18    facilities necessary or  incidental  to  that  electrical  or
19    telephone  system, for use, at the option of the District and
20    upon payment of a reasonable fee set by the District, of  any
21    tenant or occupant situated on any former military base owned
22    or   leased   by   the   District   and  located  within  its
23    jurisdictional boundaries;
24        27.  To cause to be incorporated one or  more  subsidiary
25    business  corporations, wholly-owned by the District, to own,
26    operate, maintain, and manage facilities and services related
27    to  any  telephone  system,  pursuant  to  paragraph  26.   A
28    subsidiary  corporation  formed  pursuant  to  this paragraph
29    shall (i) be deemed a  telecommunications  carrier,  as  that
30    term  is  defined  in  Section 13-202 of the Public Utilities
31    Act, (ii) have the right to apply to  the  Illinois  Commerce
32    Commission  for  a  Certificate  of  Service  Authority  or a
33    Certificate of Interexchange  Service  Authority,  and  (iii)
34    have  the  powers necessary to carry out lawful orders of the
 
                            -8-      LRB093 08878 MKM 20095 a
 1    Illinois Commerce Commission;
 2        28.  To  improve,  develop,  or  redevelop   any   former
 3    military base situated within the boundaries of the District,
 4    in  Madison  County,  Illinois,  and acquired by the District
 5    from the federal government, acting by and through the United
 6    States Maritime Administration,  pursuant  to  any  plan  for
 7    redevelopment,  development,  or improvement of that military
 8    base by the District that is approved by  the  United  States
 9    Maritime  Administration  under  the  terms and conditions of
10    conveyance of the former military base to the District by the
11    federal government.
12    (Source: P.A. 83-690.)".