Full Text of SB0499 98th General Assembly
SB0499sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/20/2014
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| 1 | | AMENDMENT TO SENATE BILL 499
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 499 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Tri-City Regional Port District Act is | 5 | | amended by changing the title of the Act and Sections 1, 2, 3, | 6 | | 4, 6, 7.5, 8, 13, 15, 15.5, 16, 18, 19, 25, 33, and 34 as | 7 | | follows:
| 8 | | (70 ILCS 1860/Act title)
| 9 | | An Act to create the America's Central Tri-City Regional | 10 | | Port District (formerly known as the "Tri-City Regional Port | 11 | | District Act") and to define its
powers and duties.
| 12 | | (70 ILCS 1860/1) (from Ch. 19, par. 284)
| 13 | | Sec. 1.
This Act shall be known and may be cited as the | 14 | | " America's Central Tri-City Regional Port District Act. "
| 15 | | (Source: Laws 1959, p. 71.)
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| 1 | | (70 ILCS 1860/2) (from Ch. 19, par. 285)
| 2 | | Sec. 2. When used in this Act:
| 3 | | "District" or "Port District" means America's Central the | 4 | | Tri-City Regional Port District
created by this Act.
| 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 such 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 and industrial,
manufacturing, processing and | 14 | | conversion activities for the accommodation
of or in connection | 15 | | with commerce by water or land or in the air or useful
as an aid | 16 | | to further the public interest, or constituting an advantage or
| 17 | | convenience to, the safe
landing, taking off and navigation of | 18 | | aircraft, or the safe and efficient
operation or maintenance of | 19 | | a public airport; except that nothing in this
definition | 20 | | contained shall be interpreted as granting authority to the
| 21 | | District to acquire, purchase, create, erect or construct a | 22 | | bridge across
any waterway which serves as a boundary between | 23 | | the State of Illinois and
any other state.
| 24 | | "Port facilities" means all public structures, except | 25 | | terminal
facilities as defined herein, that are in, over, under |
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| 1 | | or adjacent to
navigable waters and are necessary for or | 2 | | incident to the furtherance of
water commerce and includes the | 3 | | widening and deepening of slips, harbors
and navigable waters.
| 4 | | "Aircraft" means any contrivance now known or hereafter | 5 | | invented, used
or designed for navigation of, or flight in, the | 6 | | air.
| 7 | | "Airport" means any locality, either land or water, which | 8 | | is used or
designed for the landing and taking off of aircraft, | 9 | | or for the location of
runways, landing fields, airdromes, | 10 | | hangars, buildings, structures, airport
roadways and other | 11 | | facilities.
| 12 | | "Airport hazard" means any structure, or object of natural | 13 | | growth,
located on or in the vicinity of an airport, or any use | 14 | | of land near an
airport which is hazardous to the use of such | 15 | | airport for the landing and
take-off of aircraft.
| 16 | | "Approach" means any path, course or zone defined by an | 17 | | ordinance of the
District or by other lawful regulation, on the | 18 | | ground or in the air, or
both, for the use of aircraft in | 19 | | landing and taking off from an airport
located within the | 20 | | District.
| 21 | | "Commercial aircraft" means any aircraft other than public | 22 | | aircraft
engaged in the business of transporting persons or | 23 | | property.
| 24 | | "Private aircraft" means any aircraft other than public and | 25 | | commercial
aircraft.
| 26 | | "Public aircraft" means an aircraft used exclusively in the |
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| 1 | | governmental
service of the United States, or of any state or | 2 | | of any public agency,
including military and naval aircraft.
| 3 | | "Public airport" means an airport owned by a Port District, | 4 | | an airport
authority or other public agency which is used or is | 5 | | intended for use by
public, commercial and private aircraft and | 6 | | by persons owning, managing,
operating or desiring to use, | 7 | | inspect or repair any such aircraft or to use
any such airport | 8 | | for aeronautical purposes.
| 9 | | "Public incinerator" means a facility for the disposal of | 10 | | waste by
incineration by any means or method for public use, | 11 | | including, but not
limited to, incineration and disposal of | 12 | | industrial wastes.
| 13 | | "Public interest" means the protection, furtherance and | 14 | | advancement of
the general welfare and of public health and | 15 | | safety and public necessity
and convenience.
| 16 | | "Navigable waters" means any public waters which are or can | 17 | | be made
usable for water commerce.
| 18 | | "Governmental agency" means the Federal, State and any | 19 | | local
governmental body, and any agency or instrumentality, | 20 | | corporate or
otherwise, thereof.
| 21 | | "Person" means any individual, firm, partnership, | 22 | | corporation, both
domestic and foreign, company, association | 23 | | or joint stock association; and
includes any trustee, receiver, | 24 | | assignee or personal representative
thereof.
| 25 | | "General obligation bond" means any bond issued by the | 26 | | District any part
of the principal or interest of which bond is |
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| 1 | | to be paid by taxation.
| 2 | | "Revenue bond" means any bond issued by the District the | 3 | | principal and
interest of which bond is payable solely from | 4 | | revenues or income derived
from terminal, terminal facilities | 5 | | or port facilities of the District.
| 6 | | "Board" means the America's Central Tri-City Port District | 7 | | Board.
| 8 | | "Governor" means the Governor of the State of Illinois.
| 9 | | "Mayor" means the Mayor of the city of Venice, the Mayor of | 10 | | the city of
Madison or the Mayor of the city of Granite City, | 11 | | as the case may require.
| 12 | | (Source: P.A. 92-643, eff. 1-1-03.)
| 13 | | (70 ILCS 1860/3) (from Ch. 19, par. 286)
| 14 | | Sec. 3.
There is created a political subdivision, body | 15 | | politic, and
municipal corporation by the name of America's | 16 | | Central the Tri-City Regional Port District
embracing the | 17 | | following territory in Madison and Jersey Counties County : all | 18 | | the territory
included within the townships of Granite City, | 19 | | Venice , and Nameoki , Chouteau, Wood River, Alton, Godfrey, | 20 | | Elsah, and Quarry ; and that
part of the township of Chouteau | 21 | | which lies south of the Cahokia diversion
canal; and all of | 22 | | Chouteau and Gaboret Islands . Territory may be annexed to
the | 23 | | District in the manner hereinafter provided in this Act. The | 24 | | District
may sue and be sued in its corporate name but | 25 | | execution shall not in any
case issue against any property of |
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| 1 | | the District. It may adopt a common seal
and change the same at | 2 | | its pleasure.
| 3 | | (Source: Laws 1959, p. 71.)
| 4 | | (70 ILCS 1860/4) (from Ch. 19, par. 287)
| 5 | | Sec. 4. The Port District has the following rights and | 6 | | powers:
| 7 | | 1. To issue permits: for the construction of all wharves, | 8 | | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | 9 | | jetties, bridges or other
structures of any kind, over, under, | 10 | | in, or within 40 feet of any navigable
waters within the Port | 11 | | District; for the deposit of rock, earth, sand or
other | 12 | | material, or any matter of any kind or description in such | 13 | | waters;
except that nothing contained in this paragraph 1 shall | 14 | | be construed so
that it will be deemed necessary to obtain a | 15 | | permit from the District for
the erection, operation or | 16 | | maintenance of any bridge crossing a waterway
which serves as a | 17 | | boundary between the State of Illinois and any other
State, | 18 | | when such erection, operation or maintenance is performed by | 19 | | any
city within the District;
| 20 | | 2. To prevent or remove obstructions in navigable waters, | 21 | | including the
removal of wrecks;
| 22 | | 3. To locate and establish dock lines and shore or harbor | 23 | | lines;
| 24 | | 4. To regulate the anchorage, moorage and speed of water | 25 | | borne vessels
and to establish and enforce regulations for the |
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| 1 | | operation of bridges,
except nothing contained in this | 2 | | paragraph 4 shall be construed to give the
District authority | 3 | | to regulate the operation of any bridge crossing a
waterway | 4 | | which serves as a boundary between the State of Illinois and | 5 | | any
other State, when such operation is performed or to be | 6 | | performed by any
city within the District;
| 7 | | 5. To acquire, own, construct, lease for any period not | 8 | | exceeding 99
years, operate and maintain terminals, terminal | 9 | | facilities and port
facilities, to fix and collect just, | 10 | | reasonable, and nondiscriminatory
charges for the use of such | 11 | | facilities, and, except as provided herein for
short term | 12 | | financing, to use the charges so collected to defray the
| 13 | | reasonable expenses of the Port District and to pay the | 14 | | principal of and
interest on any revenue bonds issued by the | 15 | | District;
| 16 | | 6. To acquire, erect, construct, reconstruct, improve, | 17 | | maintain, operate
and lease in whole or part for any period not | 18 | | exceeding 99 years, central
office or administrative | 19 | | facilities for use by the Port District, any
tenant, occupant | 20 | | or user of the District facilities, or anyone engaged in
| 21 | | commerce in the District.
| 22 | | 7. To sell, assign, pledge or hypothecate in whole or in | 23 | | part any
contract, lease, income, charges, tolls, rentals or | 24 | | fees of the District to
provide short term interim financing | 25 | | pending the issuance of revenue bonds
by the District, provided | 26 | | that when such revenue bonds are issued, such
contracts, |
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| 1 | | leases, income, charges, tolls, rentals or fees shall be used | 2 | | to
defray the reasonable expenses of the Port District and pay | 3 | | the principal
of and income on any revenue bonds issued by the | 4 | | District;
| 5 | | 8. To acquire, own, construct, lease for any period not | 6 | | exceeding 99
years, operate, develop and maintain Port District | 7 | | water and sewerage
systems including but not limited to pipes, | 8 | | mains, lines, sewers, pumping
stations, settling tanks, | 9 | | treatment plants, water purification equipment,
wells, storage | 10 | | facilities and all other equipment, material and facilities
| 11 | | necessary to such systems, for the use upon payment of a | 12 | | reasonable fee as
set by the District, of any tenant, occupant | 13 | | or user of the District
facilities, or anyone engaged in | 14 | | commerce in the District, provided that
the District shall not | 15 | | acquire, own, construct, lease, operate, develop and
maintain | 16 | | such water and sewerage systems if such services can be | 17 | | provided
by a public utility or municipal corporation upon | 18 | | request of the District,
and provided further that if the | 19 | | District develops its own water and
sewerage systems such | 20 | | systems may be sold or disposed of at anytime to any
public | 21 | | utility or municipal corporation which will continue to service | 22 | | the
Port District.
| 23 | | 9. To create, establish, maintain and operate a public | 24 | | incinerator for
waste disposal by incineration by any means or | 25 | | method, for use by
municipalities for the disposal of municipal | 26 | | wastes and by industries for
the disposal of industrial waste; |
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| 1 | | and to lease land and said incineration
facilities for the | 2 | | operation of an incinerator for a term not exceeding 99
years | 3 | | and to fix and collect just, reasonable and non-discriminatory
| 4 | | charges for the use of such incinerating facilities, and to use | 5 | | the charges
or lease proceeds to defray the reasonable expenses | 6 | | of the Port District,
and to pay the principal of and interest | 7 | | on any revenue bonds issued by the
Port District.
| 8 | | 10. To locate, establish and maintain a public airport, | 9 | | public airports
and public airport facilities within its | 10 | | corporate limits or within or upon
any body of water adjacent | 11 | | thereto, and to construct, develop, expand,
extend and improve | 12 | | any such airport or airport facilities;
| 13 | | 11. To operate, maintain, manage, lease or sublease for any | 14 | | period not
exceeding 99 years, and to make and enter into | 15 | | contracts for the use,
operation or management of, and to | 16 | | provide rules and regulations for, the
operation, management or | 17 | | use of, any public airport or public airport
facility;
| 18 | | 12. To fix, charge and collect reasonable rentals, tolls, | 19 | | fees, and
charges for the use of any public airport, or any | 20 | | part thereof, or any
public airport facility;
| 21 | | 13. To establish, maintain, extend and improve roadways and | 22 | | approaches
by land, water or air to any such airport and to | 23 | | contract or otherwise
provide, by condemnation if necessary, | 24 | | for the removal of any airport
hazard or the removal or | 25 | | relocation of all private structures, railways,
mains, pipes, | 26 | | conduits, wires, poles, and all other facilities and
equipment |
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| 1 | | which may interfere with the location, expansion, development, | 2 | | or
improvement of airports or with the safe approach thereto or | 3 | | take-off
therefrom by aircraft, and to pay the cost of removal | 4 | | or relocation; and,
subject to the "Airport Zoning Act", | 5 | | approved July 17, 1945, as amended,
to adopt, administer and | 6 | | enforce airport zoning regulations for territory
which is | 7 | | within its corporate limits or which extends not more than 2 | 8 | | miles
beyond its corporate limits;
| 9 | | 14. To restrict the height of any object of natural growth | 10 | | or structure
or structures within the vicinity of any airport | 11 | | or within the lines of an
approach to any airport and, when | 12 | | necessary, for the reduction in the
height of any such existing | 13 | | object or structure, to enter into an agreement
for such | 14 | | reduction or to accomplish same by condemnation;
| 15 | | 15. To agree with the state or federal governments or with | 16 | | any public
agency in respect to the removal and relocation of | 17 | | any object of natural
growth, airport hazard or any structure | 18 | | or building within the vicinity of
any airport or within an | 19 | | approach and which is owned or within the control
of such | 20 | | government or agency and to pay all or an agreed portion of the
| 21 | | cost of such removal or relocation;
| 22 | | 16. For the prevention of accidents, for the furtherance | 23 | | and protection
of public health, safety and convenience in | 24 | | respect to aeronautics, for the
protection of property and | 25 | | persons within the District from any hazard or
nuisance | 26 | | resulting from the flight of aircraft, for the prevention of
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| 1 | | interference between, or collision of, aircraft while in flight | 2 | | or upon the
ground, for the prevention or abatement of | 3 | | nuisances in the air or upon the
ground or for the extension or | 4 | | increase in the usefulness or safety of any
public airport or | 5 | | public airport facility owned by the District, the
District may | 6 | | regulate and restrict the flight of aircraft while within or
| 7 | | above the incorporated territory of the District;
| 8 | | 17. To police its physical property only and all waterways | 9 | | and to
exercise police powers in respect thereto or in respect | 10 | | to the enforcement
of any rule or regulation provided by the | 11 | | ordinances of the District and to
employ and commission police | 12 | | officers and other qualified persons to
enforce the same. The | 13 | | use of any such public airport or public airport
facility of | 14 | | the District shall be subject to the reasonable regulation and
| 15 | | control of the District and upon such reasonable terms and | 16 | | conditions as
shall be established by its Board. A regulatory | 17 | | ordinance of the District
adopted under any provision of this | 18 | | Section may provide for a suspension or
revocation of any | 19 | | rights or privileges within the control of the District
for a | 20 | | violation of any such regulatory ordinance. Nothing in this | 21 | | Section
or in other provisions of this Act shall be construed | 22 | | to authorize such
Board to establish or enforce any regulation | 23 | | or rule in respect to
aviation, or the operation or maintenance | 24 | | of any airport facility within
its jurisdiction, which is in | 25 | | conflict with any federal or state law or
regulation applicable | 26 | | to the same subject matter;
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| 1 | | 18. To enter into agreements with the corporate authorities | 2 | | or governing
body of any other municipal corporation or any | 3 | | political subdivision of
this State to pay the reasonable | 4 | | expense of services furnished by such
municipal corporation or | 5 | | political subdivision for or on account of income
producing | 6 | | properties of the District;
| 7 | | 19. To enter into contracts dealing in any manner with the | 8 | | objects and
purposes of this Act;
| 9 | | 20. To acquire, own, lease, sell or otherwise dispose of | 10 | | interests in
and to real property and improvements situate | 11 | | thereon and in personal
property necessary to fulfill the | 12 | | purposes of the District;
| 13 | | 21. To designate the fiscal year for the District;
| 14 | | 22. To engage in any activity or operation which is | 15 | | incidental to and in
furtherance of efficient operation to | 16 | | accomplish the District's primary purpose;
| 17 | | 23. To apply to proper authorities of the United States of | 18 | | America
pursuant to appropriate appropriated Federal Law for | 19 | | the right to establish, operate,
maintain and lease
foreign | 20 | | trade zones and sub-zones within the limits of America's | 21 | | Central the Tri-City Regional Port
District , or its limits as | 22 | | approved by the United States Foreign-Trade Zones Board, or | 23 | | within the jurisdiction of the United States Customs Service
| 24 | | Office of the St. Louis Port of Entry and to establish, | 25 | | operate, maintain
and lease such foreign trade zones
and the | 26 | | sub-zones;
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| 1 | | 24. To operate, maintain, manage, lease, or sublease for | 2 | | any period not
exceeding 99 years any former military base | 3 | | owned or leased by the District
and within its jurisdictional | 4 | | boundaries, to make and enter into any contract
for
the
use, | 5 | | operation, or management of any former military base owned or | 6 | | leased by
the District and located within its jurisdictional
| 7 | | boundaries,
and to provide rules and regulations for the | 8 | | development, redevelopment, and
expansion of any former | 9 | | military base owned or leased by the District and
located | 10 | | within its jurisdictional boundaries;
| 11 | | 25. To locate, establish, re-establish, expand or renew, | 12 | | construct or
reconstruct, operate, and maintain any facility, | 13 | | building, structure, or
improvement for a use or a purpose | 14 | | consistent with any use or purpose of any
former military base | 15 | | owned or leased by the District and located within its
| 16 | | jurisdictional boundaries; | 17 | | 26. To acquire, own, sell, convey, construct, lease for any | 18 | | period not
exceeding 99 years, manage, operate, expand, | 19 | | develop, and maintain any
telephone system, including, but not | 20 | | limited to, all equipment,
materials, and facilities necessary | 21 | | or incidental to that
telephone
system, for use, at the option | 22 | | of the District and upon payment of a reasonable
fee set by the | 23 | | District, of any tenant or occupant
situated on
any former | 24 | | military base owned or leased by the District and located | 25 | | within its
jurisdictional boundaries; | 26 | | 27. To cause to be incorporated one or more subsidiary |
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| 1 | | business
corporations, wholly owned by the District, to own, | 2 | | operate, maintain, and
manage facilities and services related | 3 | | to any telephone system, pursuant to
paragraph 26. A subsidiary | 4 | | corporation formed pursuant to this paragraph shall
(i) be | 5 | | deemed a telecommunications carrier, as that term is defined in | 6 | | Section
13-202 of the Public Utilities Act, (ii) have the right | 7 | | to apply to the
Illinois
Commerce Commission for a Certificate | 8 | | of Service Authority or a Certificate of
Interexchange Service | 9 | | Authority, and (iii) have the powers necessary to carry
out
| 10 | | lawful orders of the Illinois Commerce Commission; | 11 | | 28. To improve, develop, or redevelop any former military | 12 | | base situated
within the boundaries of the District, in Madison | 13 | | County, Illinois, and
acquired
by the District from the federal | 14 | | government, acting by and through the United
States Maritime | 15 | | Administration, pursuant to any plan for redevelopment,
| 16 | | development, or improvement of that military base by the | 17 | | District that is
approved by the United States Maritime | 18 | | Administration under the terms and
conditions of conveyance of | 19 | | the former military base to the District by the
federal
| 20 | | government ; . | 21 | | 29. To acquire, erect, construct, maintain and operate | 22 | | aquariums, museums, planetariums, climatrons and other | 23 | | edifices for the collection and display of objects pertaining | 24 | | to natural history or the arts and sciences, or sports | 25 | | facilities and to permit the directors or trustees of any | 26 | | corporation or society organized for the erection, |
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| 1 | | construction, maintenance and operation of an aquarium, | 2 | | museum, planetarium, climatrons, sports facilities or other | 3 | | such edifice to perform such erection, construction, | 4 | | maintenance and operation on or within any property now or | 5 | | hereafter owned by or under the control or supervision of the | 6 | | District; and to contract with any such directors or trustees | 7 | | relative to such acquisition, erection, construction, | 8 | | maintenance and operation and to authorize such directors or | 9 | | trustees to charge an admission fee, the proceeds of which | 10 | | shall be devoted exclusively to such erection, construction, | 11 | | maintenance and operation; | 12 | | 30. To acquire, erect, construct, reconstruct, improve, | 13 | | maintain and operate one or more, or a combination or | 14 | | combinations of, industrial buildings, office buildings, | 15 | | residential buildings, buildings to be used as a factory, mill | 16 | | shops, processing plants, packaging plants, assembly plants, | 17 | | fabricating plants, and buildings to be used as warehouses and | 18 | | other storage facilities; | 19 | | 31. To cause to be incorporated one or more subsidiary | 20 | | business corporations to own, operate, maintain, and manage | 21 | | facilities and services related to any terminal, terminal | 22 | | facilities, airfields, airports, port facilities, or real | 23 | | property of the District, whether as shareholder, partner, or | 24 | | co-venturer, alone or in cooperation with federal, state, or | 25 | | local governmental authorities or any other public or private | 26 | | corporation or person or persons. Such subsidiary business |
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| 1 | | corporations and all of the property thereof, wholly or partly | 2 | | owned, directly or indirectly, by the District, shall have the | 3 | | same privileges and immunities as accorded to the District; and | 4 | | subsidiary business corporations may borrow money or obtain | 5 | | financial assistance from private lenders or federal and state | 6 | | governmental authorities or issue revenue bonds with the same | 7 | | kinds of security, and in accordance with the same procedures, | 8 | | restrictions and privileges applicable when the District | 9 | | obtains financial assistance or issues bonds for any of its | 10 | | other authorized purposes. | 11 | | (Source: P.A. 93-874, eff. 8-6-04.)
| 12 | | (70 ILCS 1860/6) (from Ch. 19, par. 289)
| 13 | | Sec. 6.
The District has power to apply for and accept | 14 | | grants, loans, or
appropriations from the federal government, | 15 | | the State of Illinois, and
Madison or Jersey Counties County , | 16 | | or any agency or instrumentality
thereof to be used for any of | 17 | | the purposes of the District and to enter
into any agreements | 18 | | with the federal, State, and county governments in relation
to | 19 | | such grants, loans or appropriations.
| 20 | | The District may petition any federal, state, municipal, or | 21 | | local
authority, administrative, judicial and legislative, | 22 | | having jurisdiction in
the premises, for the adoption and | 23 | | execution of any physical improvement,
change in method or | 24 | | system of handling freight, warehousing, docking,
lightering, | 25 | | and transfer of freight, which in the opinion of the District
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| 1 | | is designed to improve or better the handling of commerce in | 2 | | and through
the Port District or improve terminal or | 3 | | transportation facilities therein.
| 4 | | (Source: P.A. 92-643, eff. 1-1-03.)
| 5 | | (70 ILCS 1860/7.5) | 6 | | Sec. 7.5. Authorization to borrow moneys. The District's | 7 | | Board may borrow money from any bank or other financial | 8 | | institution and may provide appropriate security for that | 9 | | borrowing, if the money is repaid within 20 3 years after the | 10 | | money is borrowed. "Financial institution" means any bank | 11 | | subject to the Illinois Banking Act, any savings and loan | 12 | | association subject to the Illinois Savings and Loan Act of | 13 | | 1985, any savings bank subject to the Savings Bank Act, and any | 14 | | federally chartered commercial bank or savings and loan | 15 | | association organized and operated in this State pursuant to | 16 | | the laws of the United States.
| 17 | | (Source: P.A. 94-562, eff. 1-1-06.)
| 18 | | (70 ILCS 1860/8) (from Ch. 19, par. 291)
| 19 | | Sec. 8.
The District has the continuing power to borrow | 20 | | money and
issue either general obligation bonds, after approval | 21 | | by referendum as
hereinafter provided, or revenue bonds without | 22 | | referendum approval for
the purpose of acquiring, | 23 | | constructing, reconstructing, extending or
improving | 24 | | terminals, terminal facilities, airfields, airports and port
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| 1 | | facilities, and for acquiring any property and equipment useful | 2 | | for the
construction, reconstruction, extension, improvement | 3 | | or operation of its
terminals, terminal facilities, airfields, | 4 | | airports and port facilities,
and for acquiring necessary | 5 | | working cash funds.
| 6 | | The District may, pursuant to ordinance adopted by the | 7 | | Board and
without submitting the question to referendum, from | 8 | | time to time issue
and dispose of its interest bearing revenue | 9 | | bonds and may also in the
same manner from time to time issue | 10 | | and dispose of its interest bearing
revenue bonds to refund any | 11 | | revenue bonds at maturity or pursuant to
redemption provisions | 12 | | or at any time before maturity with the consent of
the holders | 13 | | thereof.
| 14 | | If the Board desires to issue general obligation bonds it | 15 | | shall adopt
an ordinance specifying the amount of bonds to be | 16 | | issued, the purpose
for which they will be issued, the maximum | 17 | | rate of interest they will
bear which shall not be greater than | 18 | | that permitted in "An Act to authorize
public corporations to | 19 | | issue bonds, other evidences of indebtedness and
tax | 20 | | anticipation warrants subject to interest rate limitations set | 21 | | forth
therein", approved May 26, 1970, as now or hereafter | 22 | | amended. Such interest
may be paid semiannually. The ordinance | 23 | | shall also specify
the date of maturity which shall
not be more | 24 | | than 20 years after the date of issuance, and levying a tax
| 25 | | that will be required to amortize such bonds. This ordinance is | 26 | | not
effective until it has been submitted to referendum of, and |
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| 1 | | approved by,
the legal voters of the District. The Board shall | 2 | | certify the
ordinance and the question to the proper election | 3 | | officials,
who shall submit the question to the voters at an | 4 | | election in
accordance with the general election law. If a | 5 | | majority of the
vote is in favor of the issuance of the general | 6 | | obligation bonds the
county clerk shall annually extend taxes | 7 | | against all taxable property
within the District at a rate | 8 | | sufficient to pay the maturing principal
and interest of these | 9 | | bonds.
| 10 | | The question shall be in substantially the following form:
| 11 | | -------------------------------------------------------------
| 12 | | Shall general obligation bonds
| 13 | | in the amount of $.... be issued YES
| 14 | | by America's Central
| 15 | | the Tri-City Regional Port
| 16 | | District for the purpose of .... -------------
| 17 | | maturing in not more than .....
| 18 | | years, bearing not more than ....% NO
| 19 | | interest, and a tax levied to pay
| 20 | | the principal and interest thereof?
| 21 | | -------------------------------------------------------------
| 22 | | (Source: P.A. 82-902 .)
| 23 | | (70 ILCS 1860/13) (from Ch. 19, par. 296)
| 24 | | Sec. 13.
The Board may, after referendum approval, levy a | 25 | | tax for
corporate purposes of the District annually at the rate |
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| 1 | | approved by
referendum, but which rate shall not exceed .05% of | 2 | | the value of all
taxable property within the Port District as | 3 | | equalized or assessed by
the Department of Revenue.
| 4 | | If the Board desires to levy such a tax it shall order that | 5 | | the question
be submitted at a referendum to be held within the | 6 | | District. The Board
shall certify the order and the question
to | 7 | | the proper election officials, who shall submit the question to | 8 | | the voters
at an election in accordance with the general | 9 | | election law. The Board shall
cause the result of the election | 10 | | to be entered upon the records of the Port
District. If a | 11 | | majority of the vote is in favor of the proposition, the
Board | 12 | | may thereafter levy a tax for corporate purposes at a rate not | 13 | | to
exceed that approved by referendum but in no event to exceed | 14 | | .05% of the
value of all taxable property within the District | 15 | | as equalized or
assessed by the Department of Revenue.
| 16 | | The question shall be in substantially the following
form:
| 17 | | -------------------------------------------------------------
| 18 | | Shall America's Central
| 19 | | the Tri-City Regional
| 20 | | Port District levy a tax for YES
| 21 | | corporate purposes annually at
| 22 | | a rate not to exceed ....% of --------------------
| 23 | | the value of taxable property
| 24 | | as equalized or assessed by the NO
| 25 | | Department of Revenue?
| 26 | | -------------------------------------------------------------
|
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| 1 | | (Source: P.A. 81-1489; 81-1509 .)
| 2 | | (70 ILCS 1860/15) (from Ch. 19, par. 298)
| 3 | | Sec. 15.
The governing and administrative body of the Port | 4 | | District shall
be a Board of Commissioners consisting of 9 7 | 5 | | members, to be known as
the America's Central Tri-City Regional | 6 | | Port District Board. All members of the Board shall
be | 7 | | residents of the District and shall be known as Commissioners | 8 | | of the America's Central
Tri-City Regional Port District Board. | 9 | | The members of the Board shall serve
without compensation but | 10 | | shall be reimbursed for actual expenses incurred
by them in the | 11 | | performance of their duties. However, any Commissioner of
the | 12 | | Board who is appointed to the office of secretary or treasurer | 13 | | may
receive compensation for his services as such officer. No | 14 | | Commissioner of
the Board or employee of the District shall | 15 | | have any private financial
interest, profit or benefit in any | 16 | | contract, work or business of the
District nor in the sale or | 17 | | lease of any property to or from the District,
except to the | 18 | | extent allowed under "An Act to prevent fraudulent and
corrupt | 19 | | practices in the making or accepting of official appointments | 20 | | and
contracts by public officers", approved April 9, 1872, as | 21 | | now or hereafter amended.
| 22 | | (Source: P.A. 86-681.)
| 23 | | (70 ILCS 1860/15.5)
| 24 | | Sec. 15.5.
A mayor may hold the office of Commissioner of |
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| 1 | | America's Central the Tri-City
Regional Port District | 2 | | simultaneously with the office of mayor. Notwithstanding
any | 3 | | statute to the contrary, a mayor's acceptance of an appointment | 4 | | as a
Commissioner of America's Central the Tri-City Regional | 5 | | Port District does not terminate or
impair the mayor's public | 6 | | office.
| 7 | | (Source: P.A. 92-643, eff. 1-1-03.)
| 8 | | (70 ILCS 1860/16) (from Ch. 19, par. 299)
| 9 | | Sec. 16.
The Governor shall appoint 6 members of the Board | 10 | | and the Mayor of the cities of Venice, Madison and Granite City | 11 | | shall each appoint one member of the Board, for a total of 9 | 12 | | Board members. Within 60 days following passage of this | 13 | | amendatory Act of the 98th General Assembly, the Governor shall | 14 | | appoint 2 members residing in the area north of the Cahokia | 15 | | Diversion Canal to represent that area, with one member | 16 | | appointed for an initial term expiring May 31, 2016 and one | 17 | | member appointed for an initial term expiring May 31, 2017. The | 18 | | number of Board members appointed by the Governor from the area | 19 | | north of the Cahokia Diversion Canal shall remain at 2 members | 20 | | until such time that the gross operating revenues from the area | 21 | | north of the Cahokia Diversion Canal exceeds 33% of the Port | 22 | | District's total gross operating revenue, as certified by the | 23 | | Port District's certified public accountant. When the gross | 24 | | operating revenue exceeds this amount, the Governor shall, upon | 25 | | the expiration of their term, replace a Board member who |
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| 1 | | resides in the area south of the Cahokia Diversion Canal with | 2 | | an appointee that resides to the north of the Cahokia Diversion | 3 | | Canal, for a total of 3 members who reside in the area north of | 4 | | the Cahokia Diversion Canal. When the gross operating revenue | 5 | | exceeds 45% of the Port District's total gross operating | 6 | | revenue, as certified by the Port District's certified public | 7 | | accountant, the Governor shall replace a Board member who | 8 | | resides in the area south of the Cahokia Diversion Canal, upon | 9 | | the expiration of their term, with an appointee that resides to | 10 | | the north of the Cahokia Diversion Canal, for a total of 4 | 11 | | members who reside in the area north of the Cahokia Diversion | 12 | | Canal. In no case shall there be more than 2 members appointed | 13 | | by the Governor from the area to the south or to the north of | 14 | | the Cahokia Diversion Canal whose terms expire in the same | 15 | | year. At the expiration of the term of any member, the member's | 16 | | successor shall be appointed by the Governor or the respective | 17 | | Mayor in the same manner as the original appointment. No more | 18 | | than 4 members may reside in the area north of the Cahokia | 19 | | Diversion Canal. The Governor shall appoint 4 members of the | 20 | | Board and each Mayor
of the cities of Venice, Madison and | 21 | | Granite City shall appoint one member
of the Board. All initial | 22 | | appointments shall be made within 60 days after
this Act takes | 23 | | effect. Of the 4 members initially appointed by the Governor
2 | 24 | | shall be appointed for initial terms expiring June 1, 1960, one | 25 | | for an
initial term expiring June 1, 1961 and one for an | 26 | | initial term expiring
June 1, 1962. The terms of the members |
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| 1 | | initially appointed by the
respective Mayors shall expire June | 2 | | 1, 1962. At the expiration of the term
of any member, his | 3 | | successor shall be appointed by the Governor or the
respective | 4 | | Mayors in like manner and with like regard to place of | 5 | | residence
of the appointee, as in the case of appointments for | 6 | | the initial terms.
| 7 | | After the expiration of initial terms, each successor shall | 8 | | hold office
for the term of 3 years from the first day of June | 9 | | of the year in which the
term of office commences. In the case | 10 | | of a vacancy during the term of
office of any member appointed | 11 | | by the Governor, the Governor shall make an
appointment for the | 12 | | remainder of the term vacant and until a successor is
appointed | 13 | | and qualified. In case of a vacancy during the term of office | 14 | | of
any member appointed by a Mayor, the proper Mayor shall make | 15 | | an appointment
for the remainder of the term vacant and until a | 16 | | successor is appointed and
qualified. The Governor and each | 17 | | Mayor shall certify their respective
appointments to the | 18 | | Secretary of State. Within 30 days after certification
of his | 19 | | appointment, and before entering upon the duties of his office, | 20 | | each
member of the Board shall take and subscribe the | 21 | | constitutional oath of
office and file it in the office of the | 22 | | Secretary of State.
| 23 | | (Source: Laws 1959, p. 71.)
| 24 | | (70 ILCS 1860/18) (from Ch. 19, par. 301)
| 25 | | Sec. 18.
As soon as possible after the appointment of the |
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| 1 | | initial members,
the Board shall organize for the transaction | 2 | | of business, select a chairman
and a temporary secretary from | 3 | | its own number, and adopt bylaws and
regulations to govern its | 4 | | proceedings. The initial chairman and successors
shall be | 5 | | elected by the Board from time to time for a term of office as
| 6 | | provided in the District bylaws. However, such term of office | 7 | | shall not
exceed his term of office as a member of the Board.
| 8 | | (Source: Laws 1965, p. 393.)
| 9 | | (70 ILCS 1860/19) (from Ch. 19, par. 302)
| 10 | | Sec. 19.
Regular meetings of the Board shall be held at | 11 | | least once in each
calendar month, the time and place of such | 12 | | meetings to be fixed by the
Board. Five Four members of the | 13 | | Board shall constitute a quorum for the
transaction of | 14 | | business. All action of the Board shall be by ordinance or
| 15 | | resolution and the affirmative vote of at least 5 4 members | 16 | | shall be
necessary for the adoption of any ordinance or | 17 | | resolution. All such
ordinances and resolutions before taking | 18 | | effect shall be approved by the
chairman of the Board, and if | 19 | | he approves thereof he shall sign the same,
and such as he does | 20 | | not approve he shall return to the Board with his
objections | 21 | | thereto in writing at the next regular meeting of the Board
| 22 | | occurring after the passage thereof. But in the case the | 23 | | chairman fails to
return any ordinance or resolution with his | 24 | | objections thereto by the time
aforesaid, he shall be deemed to | 25 | | have approved the same and it shall take
effect accordingly. |
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| 1 | | Upon the return of any ordinance or resolution by the
chairman | 2 | | with his objections, the vote by which the same was passed | 3 | | shall
be reconsidered by the Board, and if upon such | 4 | | reconsideration said
ordinance or resolution is passed by the | 5 | | affirmative vote of at least 6 5
members, it shall go into | 6 | | effect notwithstanding the veto of the chairman.
All | 7 | | ordinances, resolutions and all proceedings of the District and | 8 | | all
documents and records in its possession shall be public | 9 | | records, and open
to public inspection, except such documents | 10 | | and records as are kept or
prepared by the Board for use in | 11 | | negotiations, legal actions or proceedings
to which the | 12 | | District is a party.
| 13 | | (Source: Laws 1959, p. 71.)
| 14 | | (70 ILCS 1860/25) (from Ch. 19, par. 308)
| 15 | | Sec. 25.
Within 60 days after the end of each fiscal year, | 16 | | the Board shall
cause to be prepared and printed a complete and | 17 | | detailed report and
financial statement of the operations and | 18 | | assets and liabilities of the
Port District. A reasonably | 19 | | sufficient number of copies of such report
shall be printed for | 20 | | distribution to persons interested, upon request, and
a copy | 21 | | thereof shall be filed with the Governor and the county clerks | 22 | | clerk and
the presiding officers officer of the county boards | 23 | | board of Madison and Jersey Counties County . A copy of such
| 24 | | report shall be addressed to and mailed to the Mayor and city | 25 | | council or
president and board of trustees of each municipality |
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| 1 | | within the area of the
District.
| 2 | | (Source: Laws 1959, p. 71.)
| 3 | | (70 ILCS 1860/33) (from Ch. 19, par. 316)
| 4 | | Sec. 33.
At least 5% of the legal voters resident within | 5 | | the limits
of such proposed addition to the District shall | 6 | | petition the circuit
court for the county in which the major | 7 | | part of the District is
situated, to cause the question to be | 8 | | submitted to the legal voters of
such proposed additional | 9 | | territory, whether such proposed additional
territory shall | 10 | | become a part of the District and assume a proportionate
share | 11 | | of the general obligation bonded indebtedness, if any, of the
| 12 | | District. Such petition shall be addressed to the court and | 13 | | shall
contain a definite description of the boundaries of the | 14 | | territory to be
embraced in the proposed addition.
| 15 | | Upon filing any such petition with the clerk of the court, | 16 | | the court shall
fix a time and place for a hearing upon the | 17 | | subject of the petition.
| 18 | | Notice shall be given by the court to whom the petition is | 19 | | addressed, or
by the circuit clerk or sheriff of the county in | 20 | | which such petition is
made at the order and direction of the | 21 | | court, of the time and place of the
hearing upon the subject of | 22 | | the petition at least 20 days prior thereto
by at least one | 23 | | publication thereof in any newspaper having general | 24 | | circulation
within the area proposed to be annexed, and by | 25 | | mailing a copy of such notice
to the mayor or president of the |
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| 1 | | board of trustees of all cities, villages
and incorporated | 2 | | towns within the
District.
| 3 | | At the hearing all persons residing in or owning property | 4 | | situated in
the area proposed to be annexed to the District may | 5 | | appear and be heard
touching upon the sufficiency of the | 6 | | petition. If the court finds that
the petition does not comply | 7 | | with the requirements of the law, the court
shall dismiss the | 8 | | petition; but if the court finds that the petition
is | 9 | | sufficient the court
shall enter an appropriate order and the | 10 | | clerk of the circuit court shall
certify the order and the | 11 | | proposition to the proper election officials,
who shall submit | 12 | | the proposition to the voters at an election in accordance
with | 13 | | the general election law. In addition to the requirements of | 14 | | the general
election law the notice of the referendum shall | 15 | | specify the purpose of such
referendum with a description of | 16 | | the area proposed to be annexed to the District.
| 17 | | The proposition shall be in substantially
the following | 18 | | form:
| 19 | | -------------------------------------------------------------
| 20 | | For joining America's Central
| 21 | | the Tri-City Regional Port
| 22 | | District and assuming a proportionate
| 23 | | share of general obligation bonded
| 24 | | indebtedness, if any.
| 25 | | -------------------------------------------------------------
| 26 | | Against joining America's Central
|
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| 1 | | the Tri-City Regional
| 2 | | Port District and assuming a proportionate
| 3 | | share of general obligation bonded
| 4 | | indebtedness, if any.
| 5 | | -------------------------------------------------------------
| 6 | | The court shall cause a
statement of the result of such | 7 | | election to be filed in the records
of the court.
| 8 | | If a majority of the votes cast upon the question of
| 9 | | annexation to the District are in favor of becoming a part of | 10 | | such
District, the court shall then enter an order stating that | 11 | | such
additional territory shall thenceforth be an integral part | 12 | | of the America's Central
Tri-City Regional Port District and | 13 | | subject to all of the benefits of
service and responsibilities | 14 | | of the District. The circuit clerk shall
transmit a certified | 15 | | copy of the order to the circuit clerk of any other
county in | 16 | | which any of the territory affected is situated.
| 17 | | (Source: P.A. 83-343 .)
| 18 | | (70 ILCS 1860/34) (from Ch. 19, par. 317)
| 19 | | Sec. 34.
If there is territory contiguous to the District | 20 | | which has no
legal voters residing therein, a petition to annex | 21 | | such territory, signed
by all the owners of record of such | 22 | | territory may be filed with the circuit
court for the county in | 23 | | which the major part of the District is situated. A
time and | 24 | | place for a hearing on the subject of the petition shall be | 25 | | fixed
and notice thereof shall be given in the manner provided |
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| 1 | | in Section 33.
At such hearing any owner of land in the | 2 | | territory proposed to be annexed,
the District and any resident | 3 | | of the District may appear and be heard
touching on the | 4 | | sufficiency of the petition. If the court finds that the
| 5 | | petition satisfies the requirements of this Section it shall | 6 | | enter an order
stating that thenceforth such territory shall be | 7 | | an integral part of the America's Central
Tri-City Regional | 8 | | Port District and subject to all of the benefits of
service and | 9 | | responsibilities, including the assumption of a proportionate
| 10 | | share of the general obligation bonded indebtedness, if any, of | 11 | | the
District. The circuit clerk shall transmit a certified copy | 12 | | of the order of
the court to the circuit clerk of any other | 13 | | county in which the annexed
territory is situated.
| 14 | | (Source: Laws 1967, p. 3692.)".
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