Full Text of SB1897 103rd General Assembly
SB1897eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Rock | 5 | | Island Regional Port District Act. | 6 | | Section 2. Findings. The General Assembly finds: | 7 | | (1) Illinois' many port districts are an important part of | 8 | | Illinois' waterway system since they support and facilitate | 9 | | use of those waterways for the transport of goods. | 10 | | (2) By supporting and facilitating use of the State's | 11 | | waterways, Illinois' port districts provide economies of scale | 12 | | in the movement of goods and economic development and job | 13 | | creation opportunities within the area of the port districts. | 14 | | (3) The geographic size of each port district varies and | 15 | | can cover areas as small as the limits of a single municipality | 16 | | or as large as multiple counties. | 17 | | (4) Each port district is unique, faces different | 18 | | challenges, and uses different approaches to encourage | 19 | | waterway use. | 20 | | (5) It is in the interest of supporting Illinois' waterway | 21 | | system to create the Rock Island Regional Port District to | 22 | | streamline governance by using existing municipal governments | 23 | | participating in the Rock Island Regional Port District to |
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| 1 | | make decisions within each municipality's corporate limits. | 2 | | Section 5. Definitions. As used in this Act: | 3 | | "Administrative decision" has the meaning given to that | 4 | | term in Section 3-101 of the Code of Civil Procedure. | 5 | | "City council" means the city council or board of trustees | 6 | | of a municipality. | 7 | | "General obligation bond" means a bond that has any part | 8 | | of its principal or interest paid by taxation. | 9 | | "Governing and administrative body" means all of the city | 10 | | councils of the participating municipalities. | 11 | | "Governmental agency" means the federal government, a | 12 | | state or local government, or any subdivision of the federal, | 13 | | state, or local government. | 14 | | "Navigable waters" means any public waters that are or can | 15 | | be made usable for water commerce. | 16 | | "Participating municipality" means the City of Rock Island | 17 | | or a municipality that has all or any part of the municipality | 18 | | annexed into the Port District. | 19 | | "Person" means an individual, firm, partnership, | 20 | | corporation, company, association, or joint stock association. | 21 | | "Person" includes, without limitation, a trustee, receiver, | 22 | | assignee, or personal representative thereof. | 23 | | "Port District" means the Rock Island Regional Port | 24 | | District created by this Act. | 25 | | "Port facilities" means any public and other buildings, |
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| 1 | | structures,
works, improvements, and equipment that are upon, | 2 | | in, over, under, adjacent, or near navigable
waters, harbors, | 3 | | slips, and basins and that are necessary or useful for or
| 4 | | incident to the furtherance of water and land commerce and the | 5 | | operation of
small boats and pleasure craft. "Port facilities" | 6 | | includes, without limitation, (i) improvements to the widening | 7 | | and
deepening of
basins, slips, harbors, and navigable waters | 8 | | and (ii) any lands, buildings, structures, improvements, | 9 | | equipment, and appliances
located on Port District property | 10 | | that are used for industrial, manufacturing,
commercial, or | 11 | | recreational purposes. "Port facilities" does not include | 12 | | terminal facilities | 13 | | "Revenue bond" means a bond that has its principal and | 14 | | interest paid solely from revenues or income derived from | 15 | | ports, harbors, or any other buildings or facilities of the | 16 | | Port District. | 17 | | "Terminal" means a public place, such as a station or | 18 | | depot, for receiving and delivering of baggage, mail, or | 19 | | freight in connection with the transportation of persons and | 20 | | property on water or land. | 21 | | "Terminal facility" means any land, building, structure, | 22 | | improvement, equipment, or appliance useful in the operation | 23 | | of a public warehouse, a storage, transportation, or railway | 24 | | facility, or industrial, manufacturing, or commercial | 25 | | activities for the accommodation of or in connection with | 26 | | commerce by water or land for the handling, docking, and |
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| 1 | | serving small boats and pleasure craft. | 2 | | Section 10. Creation; governing and administrative body. | 3 | | (a) There is created a unit of local government by the name | 4 | | of Rock Island Regional Port District that includes all the | 5 | | territory within the corporate limits of the City of Rock | 6 | | Island as those corporate limits exist on the effective date | 7 | | of this Act. Territory may be annexed into the Port District in | 8 | | the manner provided in Section 15. The Port District or | 9 | | participating municipality may sue and be sued in the Port | 10 | | District's or municipality's respective corporate name, but | 11 | | execution shall not issue against any of the property or | 12 | | assets of the Port District or participating municipality. The | 13 | | Port District may adopt a common seal and change the same at | 14 | | its pleasure. | 15 | | All property of every kind belonging to the Port District | 16 | | is exempt from taxation, except that taxes may be assessed and | 17 | | levied upon a lessee of the Port District by reason of the | 18 | | value of a leasehold estate separate and apart from the fee and | 19 | | upon improvements as are constructed and owned by others than | 20 | | the Port District. All property of the Port District is public | 21 | | ground owned by a municipal corporation and used exclusively | 22 | | for public purposes within the tax exemption provisions of | 23 | | Sections 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, | 24 | | and 15-160 of the Property Tax Code. | 25 | | (b) The governing and administrative body of the Port |
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| 1 | | District initially consists of the Rock Island City Council | 2 | | and, thereafter, the Rock Island City Council and each city | 3 | | council of an annexed municipality. The city council of a | 4 | | participating municipality is the governing body of that | 5 | | portion of the Port District within that participating | 6 | | municipality's corporate limits. | 7 | | Section 15. Annexation of territory; indebtedness of | 8 | | municipalities. | 9 | | (a) Territory that is adjacent to the Port District and | 10 | | not included within any other port district may be annexed to | 11 | | and become a part of the Port District in the manner provided | 12 | | in this Section. | 13 | | (b) An adjacent municipality may request annexation into | 14 | | the Port District from the existing participating | 15 | | municipalities by providing the city council of each | 16 | | participating municipality a written request for the | 17 | | annexation and a legal description of the portion of the | 18 | | corporate limits to be included in the annexation. The city | 19 | | council of each participating municipality shall consider | 20 | | approval of the annexation of the new territory with approval | 21 | | constituting a majority vote of the city council of each | 22 | | participating municipality at a public meeting in which the | 23 | | question has been placed on the published agenda. All | 24 | | participating municipalities must approve the annexation of | 25 | | the new territory for the annexation to occur. |
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| 1 | | (c) A participating municipality may not incur the | 2 | | indebtedness of another participating municipality within the | 3 | | Port District. | 4 | | Section 20. Rights and powers. The Port District has the | 5 | | following rights and powers: | 6 | | (1) To investigate conditions within the Port District | 7 | | and to prepare and adopt priorities for the development of | 8 | | port facilities for the Port District. In preparing and | 9 | | recommending changes and modifications in existing port | 10 | | facilities, or priorities for the development of those | 11 | | facilities, the Port District may set aside and allocate | 12 | | an area or areas within the lands owned by it to be leased | 13 | | to private parties for industrial, manufacturing, | 14 | | commercial, recreational, or harbor purposes where the | 15 | | area or areas, in the opinion of the governing and | 16 | | administrative body, are not required for primary purposes | 17 | | in the development of harbor and port facilities for the | 18 | | use of public water and land transportation or will not be | 19 | | needed immediately for these purposes, and where the | 20 | | leasing, in the opinion of the governing and | 21 | | administrative body, will aid and promote the development | 22 | | of terminal and port facilities. | 23 | | (2) To issue permits for the construction of all | 24 | | wharves, piers, dolphins, booms, weirs, breakwaters, | 25 | | bulkheads, jetties, bridges, basins, slips, harbors, or |
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| 1 | | other structures of any kind, over, under, in, or near | 2 | | navigable waters within the Port District and permits for | 3 | | the deposit of rock, earth, sand, or other material, or | 4 | | any matter of any kind or description in the navigable | 5 | | waters; except nothing contained in this paragraph shall | 6 | | be construed so that it will be deemed necessary to obtain | 7 | | a permit from a city council of a participating | 8 | | municipality for the erection, operation, or maintenance | 9 | | of a bridge crossing a waterway that serves as a boundary | 10 | | between the State of Illinois and Iowa when the erection, | 11 | | operation, or maintenance of the bridge is performed by | 12 | | the participating municipality. | 13 | | (3) To locate and establish dock lines and shore or | 14 | | harbor lines. | 15 | | (4) To regulate the anchorage, moorage, and speed of | 16 | | waterborne vessels and to establish and enforce ordinances | 17 | | for the operation of bridges, except nothing contained in | 18 | | this paragraph shall be construed to give the Port | 19 | | District authority to regulate the operation of a bridge | 20 | | crossing a waterway that serves as a boundary between the | 21 | | State of Illinois and Iowa when operation of the bridge is | 22 | | performed by a participating municipality. | 23 | | (5) To acquire, own, construct, lease, operate, and | 24 | | maintain terminals, terminal facilities, and port | 25 | | facilities, including, but not limited to, the widening | 26 | | and deepening of slips, harbors, and navigable waters, and |
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| 1 | | to fix and collect reasonable and nondiscriminatory | 2 | | charges for the use of the terminals and facilities. The | 3 | | charges collected shall be used to defray the reasonable | 4 | | expenses of the Port District and to pay the principal of | 5 | | and interest on any revenue bonds issued by the Port | 6 | | District. | 7 | | (6) To police its physical property and all waterways | 8 | | and to exercise police powers regarding the property and | 9 | | waterways or regarding the enforcement of an ordinance of | 10 | | a participating municipality within that municipality's | 11 | | boundaries, and to employ and commission police officers | 12 | | and other qualified persons to enforce the same. An | 13 | | ordinance of the participating municipality adopted under | 14 | | this paragraph may provide for a suspension or revocation, | 15 | | within the participating municipality, of any rights or | 16 | | privileges within the control of the participating | 17 | | municipality for a violation of the ordinance. | 18 | | (7) To establish, organize, own, acquire, participate | 19 | | in, operate, sell, and transfer export trading companies, | 20 | | whether as shareholder, partner, or co-venturer, alone or | 21 | | in cooperation with federal, state, or local governmental | 22 | | authorities, federal, state, or national banking | 23 | | associations, or any other public or private corporation | 24 | | or person or persons. An export trading company organized | 25 | | or operated under this paragraph and all the property of | 26 | | the export trading company shall have the same privileges |
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| 1 | | and immunities as accorded to the participating | 2 | | municipality and may borrow money or obtain financial | 3 | | assistance from private lenders or federal and state | 4 | | governmental authorities or issue general obligation and | 5 | | revenue bonds with the same kinds of security in | 6 | | accordance with the same procedures, restrictions, and | 7 | | privileges applicable when a participating municipality | 8 | | obtains financial assistance or issues bonds for any of | 9 | | its other authorized purposes. An export trading company | 10 | | organized or operated under this paragraph may apply for | 11 | | certification under Title II or Title III of the federal | 12 | | Export Trading Company Act of 1982. | 13 | | As used in this paragraph (7), "export trading | 14 | | company" means a person, partnership, association, public | 15 | | or private corporation, or similar organization, whether | 16 | | operated for profit or not-for-profit, which is organized | 17 | | and operated principally for purposes of exporting goods | 18 | | or services produced in the United States, importing goods | 19 | | or services produced in foreign countries, conducting | 20 | | third-country trading, or facilitating trade by providing | 21 | | one or more services in support of trade. | 22 | | (8) To enter into agreements with the corporate | 23 | | authorities or governing body of any other unit of local | 24 | | government or any political subdivision of the State to | 25 | | pay the reasonable expense of services furnished by the | 26 | | unit of local government or political subdivision for or |
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| 1 | | on account of income-producing properties of the Port | 2 | | District. | 3 | | (9) To enter into contracts dealing in any manner with | 4 | | the objects and purposes of this Act. | 5 | | (10) To acquire, own, lease, sell, or otherwise | 6 | | dispose of interests in real property and improvements to | 7 | | the real property and in personal property necessary to | 8 | | fulfill the purposes of the Port District for a | 9 | | participating municipality. | 10 | | (11) To designate the fiscal year for the Port | 11 | | District, which shall be the same fiscal year of a | 12 | | municipality that is annexed into the Port District either | 13 | | at the time of annexation or within 6 months after the | 14 | | annexation. | 15 | | (12) To engage in any activity or operation within a | 16 | | participating municipality which is incidental to and in | 17 | | furtherance of efficient operation of the Port District. | 18 | | (13) To apply to the proper authorities of the
United | 19 | | States of America under the appropriate law for the right | 20 | | to
establish, operate, maintain, and lease foreign trade | 21 | | zones and sub-zones
within the
jurisdiction of the United | 22 | | States Customs and Border Protection and to establish, | 23 | | operate, maintain, and lease the foreign trade zones and | 24 | | sub-zones. | 25 | | Section 25. Powers under the Industrial Project Revenue |
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| 1 | | Bond Act. A participating municipality has the rights and | 2 | | powers enumerated in the Industrial Project Revenue Bond Act | 3 | | and may exercise those rights and powers in the same manner as | 4 | | any other municipality, as that term is defined in Section | 5 | | 11-74-2 of that Act. | 6 | | Section 30. Buildings, property, and acquisition of | 7 | | rights. | 8 | | (a) A participating municipality may acquire, erect, | 9 | | construct, reconstruct, improve, maintain, and operate one or | 10 | | more, or a combination or combinations of, industrial | 11 | | buildings, office buildings, buildings to be used as a | 12 | | factory, mill shops, processing plants, packaging plants, | 13 | | assembly plants, fabricating plants, and buildings to be used | 14 | | as warehouses and other storage facilities. | 15 | | (b) A participating municipality may acquire and accept by | 16 | | purchase, lease, gift, grant, or otherwise any property and | 17 | | rights useful for its purposes and to provide for the | 18 | | development of channels, ports, harbors, port facilities, | 19 | | terminal facilities, and any other building or facility that | 20 | | the Port District has the power to acquire, construct, | 21 | | reconstruct, extend, or improve to serve the needs of commerce | 22 | | within the municipality's portion of the Port District. A | 23 | | participating municipality may acquire real or personal | 24 | | property or any rights in real or personal property in the | 25 | | manner, as near as may be, as is provided for the exercise of |
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| 1 | | the right of eminent domain under the Eminent Domain Act, | 2 | | except that: (i) no rights or property of any kind or character | 3 | | owned, leased, controlled, or operated and used by, or | 4 | | necessary for the actual operations of, any common carrier | 5 | | engaged in interstate commerce, or of any other public utility | 6 | | subject to the jurisdiction of the Illinois Commerce | 7 | | Commission, shall be taken or appropriated by a participating | 8 | | municipality without first obtaining the approval of the | 9 | | Illinois Commerce Commission; and (ii) no property owned by a | 10 | | participating municipality shall be taken or appropriated for | 11 | | facilities within a participating municipality's corporate | 12 | | limits without the approval of the city council of the | 13 | | participating municipality. | 14 | | Section 35. Eminent domain. Notwithstanding any other | 15 | | provision of this Act, any power granted under this Act to | 16 | | acquire property by condemnation or eminent domain is subject | 17 | | to, and shall be exercised in accordance with, the Eminent | 18 | | Domain Act. | 19 | | Section 40. Prompt payment. Purchases made pursuant to | 20 | | this Act shall be made in compliance with the Local Government | 21 | | Prompt Payment Act. | 22 | | Section 45. Lease of property; easements and permits; | 23 | | rent, charges, and fees. |
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| 1 | | (a) The city council of a participating municipality may | 2 | | lease to others for any period of time, not to exceed 99 years, | 3 | | upon terms the city council determines, any of its real | 4 | | property, rights-of-way, or privileges, or any interest in or | 5 | | part of its real property, rights-of-way, or privileges, for | 6 | | industrial, manufacturing, commercial, recreational, or harbor | 7 | | purposes that, in the opinion of the city council, is no longer | 8 | | required for its primary purposes in the development of port | 9 | | facilities for the use of public transportation, or that may | 10 | | not be immediately needed for those purposes, but where the | 11 | | leases will, in the opinion of the city council, aid and | 12 | | promote those purposes. In conjunction with those leases, the | 13 | | participating municipality may grant rights-of-way and | 14 | | privileges across the property of the Port District within the | 15 | | participating municipality and those rights-of-way and | 16 | | privileges may be assignable and irrevocable during the term | 17 | | of the lease and may include the right to enter upon the | 18 | | property of the Port District within the participating | 19 | | municipality to do things necessary for the enjoyment of the | 20 | | leases, rights-of-way, and privileges. Those leases may | 21 | | contain conditions and retain interest in the leases as | 22 | | determined to be in the best interest of the Port District by | 23 | | the participating municipality's city council. | 24 | | (b) The city council of a participating municipality may | 25 | | grant easements and permits for the use of real property, | 26 | | rights-of-way, or privileges within the participating |
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| 1 | | municipality, that, in the opinion of the participating | 2 | | municipality's city council, will not interfere with the use | 3 | | of the real property, rights-of-way, or privileges of the Port | 4 | | District within the participating municipality for its | 5 | | purposes, and those easements and permits may contain | 6 | | conditions and retain interest deemed in the best interest of | 7 | | the Port District within the participating municipality. | 8 | | (c) The city council of a participating municipality may | 9 | | agree upon and collect the rentals, charges, and fees on all | 10 | | leases, easements, rights-of-way, privileges, and permits made | 11 | | or granted by the city council that are in the best interest of | 12 | | the Port District within the participating municipality. The | 13 | | rentals, charges, and fees charged shall be used to defray the | 14 | | reasonable expenses of the Port District within the | 15 | | participating municipality and to pay the principal of and | 16 | | interest on any revenue bonds issued by the participating | 17 | | municipality for Port District purposes. | 18 | | Section 50. Powers of participating municipalities. | 19 | | (a) A city council of a participating municipality may | 20 | | apply for and accept grants, loans, or appropriations from the | 21 | | federal government or a state government, or any agency or | 22 | | instrumentality of the federal government or a state | 23 | | government, to be used for any of the purposes of the Port | 24 | | District within the participating municipality and to enter | 25 | | into any agreements with the federal government or a state |
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| 1 | | government in relation to the grants, loans, or appropriations | 2 | | by the participating municipality in which the funds will be | 3 | | used. | 4 | | (b) A city council of a participating municipality may | 5 | | petition any federal, state, or local authority, or any | 6 | | administrative, judicial, or legislative authority, having | 7 | | jurisdiction for the adoption and execution of any physical | 8 | | improvement, change in method or system of handling freight, | 9 | | warehousing, docking, lightering, and transfer of freight | 10 | | that, in the opinion of the city council, is likely to improve | 11 | | or better the handling of commerce in and through the Port | 12 | | District in the participating municipality or improve terminal | 13 | | or transportation facilities in the participating | 14 | | municipality. | 15 | | (c) A city council of a participating municipality may | 16 | | borrow money and issue either general obligation bonds or | 17 | | revenue bonds for the purpose of (i) acquiring, constructing, | 18 | | reconstructing, extending, improving, or operating the | 19 | | terminals, terminal facilities, and other buildings or | 20 | | facilities that the participating municipality has the power | 21 | | to acquire, construct, reconstruct, extend, or improve, (ii) | 22 | | acquiring any property and equipment useful for construction, | 23 | | reconstruction, extension, improvement, or operation, and | 24 | | (iii) acquiring necessary cash working funds. | 25 | | Section 55. Insurance and indemnification contracts. A |
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| 1 | | participating municipality may procure and enter into | 2 | | contracts for any type of insurance or indemnity against loss | 3 | | or damage to property from any cause, including against loss | 4 | | of use and occupancy, against death or injury of any person, | 5 | | against employers' liability, against any act of any member, | 6 | | officer, or employee of the Port District within the | 7 | | participating municipality in the performance of the duties of | 8 | | his or her office or employment, or against any other | 9 | | insurable risk. | 10 | | Section 60. Bonds. | 11 | | (a) The city council of a participating municipality may, | 12 | | pursuant to ordinance and within that municipality's corporate | 13 | | limits, issue and dispose of its interest-bearing revenue | 14 | | bonds and may also in the same manner issue and dispose of its | 15 | | interest-bearing revenue bonds to refund any revenue bonds at | 16 | | maturity or pursuant to redemption provisions or at any time | 17 | | before maturity with the consent of the holders. Issuance and | 18 | | disposition of revenue bonds under this subsection may be done | 19 | | without submitting the question to referendum, notwithstanding | 20 | | any other provision of law. | 21 | | (b) A city council of a participating municipality may | 22 | | issue general obligation bonds to be used for Port District | 23 | | purposes within that municipality's corporate limits inside | 24 | | the Port District by adopting an ordinance specifying the | 25 | | amount of bonds to be issued, the purpose for which the bonds |
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| 1 | | will be issued, the maximum rate of interest the bonds will | 2 | | bear, which shall not be more than the maximum rate authorized | 3 | | by the Bond Authorization Act in effect at the time of the | 4 | | making of the contract, and the date of maturity, which shall | 5 | | not be more than 20 years after the date of issuance. The city | 6 | | council of a participating municipality may issue and, in | 7 | | accordance with subsection (e), sell the bonds specified in | 8 | | the ordinance and adopt an ordinance levying an annual tax | 9 | | against all the taxable property within the municipality's | 10 | | corporate limits inside the Port District sufficient to pay | 11 | | the maturing principal and interest of the bonds and to file a | 12 | | certified copy of the ordinances in the office of the county | 13 | | clerk of Rock Island County. Thereafter, the county clerk | 14 | | shall annually extend taxes against all the taxable property | 15 | | within the corporate limits of the participating municipality | 16 | | inside the Port District at the rate specified in the | 17 | | ordinance levying the taxes. The aggregate amount of principal | 18 | | of general obligation bonds issued under this subsection shall | 19 | | not exceed 2.5% of the assessed valuation of all taxable | 20 | | property within the corporate limits of the participating | 21 | | municipality within the Port District. | 22 | | With respect to instruments for the payment of money | 23 | | issued under this subsection: (i) the Omnibus Bond Acts are | 24 | | supplementary grants of power to issue instruments in | 25 | | accordance with the Omnibus Bond Acts, regardless of any | 26 | | provision of this Act that may appear to be or to have been |
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| 1 | | more restrictive than those Acts, (ii) the provisions of this | 2 | | subsection are not a limitation on the supplementary authority | 3 | | granted by the Omnibus Bond Acts, and (iii) instruments issued | 4 | | under this subsection within the supplementary authority | 5 | | granted by the Omnibus Bond Acts are not invalid because of any | 6 | | provision of this Act that may appear to be or to have been | 7 | | more restrictive than those Acts. | 8 | | (c) All revenue bonds shall be payable solely from the | 9 | | revenues or income to be derived from the terminals, terminal | 10 | | facilities, port facilities, and any other building or | 11 | | facility, or part of a building or facility, that the | 12 | | participating municipality has the power to acquire, | 13 | | construct, reconstruct, extend, or improve. The revenue bonds | 14 | | may bear a single date or multiple dates and may mature at any | 15 | | time not exceeding 40 years from the bonds' respective dates, | 16 | | as shall be provided in the ordinance authorizing issuance. | 17 | | Both revenue bonds and general obligation bonds may bear | 18 | | interest at the rate or rates as permitted in the Bond | 19 | | Authorization Act payable semi-annually, as provided in the | 20 | | ordinance authorizing issuance. All bonds, whether revenue or | 21 | | general obligations, may be in the form, may carry the | 22 | | registration privileges, may be executed in the manner, may be | 23 | | payable at the place or places, may be made subject to | 24 | | redemption in the manner and upon the terms, with or without | 25 | | premium as is stated on the face of the bond, may be | 26 | | authenticated in the manner, and may contain terms and |
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| 1 | | covenants as provided in the ordinance authorizing issuance. | 2 | | The holder or holders of any bonds or interest coupons | 3 | | attached to the bonds issued by a participating municipality | 4 | | may bring suit to compel the performance and observance by the | 5 | | participating municipality or any of its officers, agents, or | 6 | | employees of any contract or covenant made by the | 7 | | participating municipality with the holders of the bonds or | 8 | | interest coupons and to compel the participating municipality | 9 | | and any of its officers, agents, or employees to perform any | 10 | | duties required to be performed for the benefit of the holders | 11 | | of any of the bonds or interest coupons by the provision in the | 12 | | ordinance authorizing the bonds' or interest coupons' | 13 | | issuance, and to enjoin the participating municipality and any | 14 | | of its officers, agents, or employees from taking any action | 15 | | in conflict with any contract or covenant, including the | 16 | | establishment of charges, fees, and rates for the use of | 17 | | facilities. | 18 | | Notwithstanding the form and tenor of any bond, whether | 19 | | revenue or general obligation, and in the absence of any | 20 | | express recital on the face of the bond that it is | 21 | | nonnegotiable, all the bonds shall be negotiable instruments. | 22 | | Pending the preparation and execution of the bonds, temporary | 23 | | bonds may be issued with or without interest coupons as | 24 | | provided by ordinance. | 25 | | (d) All revenue bonds shall be issued and sold by the | 26 | | participating municipality in the manner as the participating |
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| 1 | | municipality shall determine. However, if any bonds are issued | 2 | | to bear interest at the maximum rate of interest allowed by | 3 | | subsection (c), the bonds shall be sold for not less than par | 4 | | and accrued interest. The selling price of bonds bearing | 5 | | interest at a rate less than the maximum allowable interest | 6 | | rate per annum shall be set so that the interest cost to the | 7 | | participating municipality of the money received from the bond | 8 | | sale shall not exceed the maximum annual interest rate allowed | 9 | | by subsection (c), computed to absolute maturity of the bonds | 10 | | according to standard tables of bond values. | 11 | | (e) All general obligation bonds issued by a participating | 12 | | municipality shall be sold by the participating municipality | 13 | | upon sealed bids to the highest and best responsible bidder | 14 | | who specifies the lowest net interest cost for the bonds. The | 15 | | participating municipality shall publish at least once, in a | 16 | | newspaper published in and having general circulation in the | 17 | | participating municipality, a notice of the time, date, and | 18 | | place when and where sealed bids for the purchase of the bonds | 19 | | will be received and publicly opened, read, and tabulated, | 20 | | which shall not be less than 10 days after the date of the | 21 | | publication. The bonds shall be sold for not less than par plus | 22 | | accrued interest to the date of delivery. | 23 | | (f) Upon the issue of any revenue bonds as provided in this | 24 | | Act, the participating municipality shall fix and establish | 25 | | rates, charges, and fees for the use of facilities acquired, | 26 | | constructed, reconstructed, extended, or improved with the |
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| 1 | | proceeds derived from the sale of the revenue bonds sufficient | 2 | | at all times with other revenues of the participating | 3 | | municipality, if any, to pay: (i) the cost of maintaining, | 4 | | repairing, regulating, and operating the facilities; and (ii) | 5 | | the bonds and interest on the bonds as they become due and all | 6 | | sinking fund requirements and other requirements provided by | 7 | | the ordinance authorizing the issuance of the bonds or as | 8 | | provided by any trust agreement executed to secure payment of | 9 | | the bonds. | 10 | | The participating municipality may execute and deliver a | 11 | | trust agreement or agreements to secure the payment of any or | 12 | | all revenue bonds and for the purpose of setting forth the | 13 | | covenants and undertaking by the participating municipality in | 14 | | connection with the issuance of revenue bonds and the issuance | 15 | | of any additional revenue bonds payable from revenue income | 16 | | derived from the terminals, terminal facilities, port | 17 | | facilities, and other buildings or facilities that the | 18 | | participating municipality has the power to acquire, | 19 | | construct, reconstruct, extend, or improve. However, a lien | 20 | | upon any physical property of the participating municipality | 21 | | shall not be created in the trust agreement or agreements. A | 22 | | remedy for any breach or default of the terms of the trust | 23 | | agreement by the participating municipality may be by mandamus | 24 | | in the circuit court to compel performance and compliance with | 25 | | the trust agreement, but the trust agreement may prescribe by | 26 | | whom or on whose behalf the action may be instituted. |
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| 1 | | (g) Bonds issued by a participating municipality and other | 2 | | obligations of the participating municipality shall not be an | 3 | | indebtedness or obligation of the State of Illinois, of a | 4 | | political subdivision of the State, or of a unit of local | 5 | | government, including the Port District or any other | 6 | | participating municipality. | 7 | | A revenue bond shall not be an indebtedness of a | 8 | | participating municipality within the purview of any | 9 | | constitutional limitation or provision, and it shall be stated | 10 | | on the face of each revenue bond that it does not constitute an | 11 | | indebtedness but is payable solely from the revenues or income | 12 | | derived from terminals, terminal facilities, and port | 13 | | facilities within the corporate limits of that participating | 14 | | municipality. | 15 | | Section 65. Tax levy. In addition to the tax that may be | 16 | | imposed under subsection (b) of Section 60, a participating | 17 | | municipality may levy a tax for corporate purposes of the Port | 18 | | District within that portion of the municipality in the Port | 19 | | District annually, but which rate shall not exceed .05% of the | 20 | | value of all taxable property within that municipality within | 21 | | the Port District as equalized or assessed by the Department | 22 | | of Revenue. | 23 | | Section 70. Permits. It is unlawful to make any fill or | 24 | | deposit of rock, earth, sand, or other material, or any refuse |
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| 1 | | matter of any kind or description, or build or commence the | 2 | | building of any wharf, pier, dolphin, boom, weir, breakwater, | 3 | | bulkhead, jetty, bridge, or other structure over, under, or | 4 | | near any navigable waters within the Port District without | 5 | | first submitting the plans, profiles, and specifications, and | 6 | | any other data and information as may be required, to the | 7 | | participating municipality in which the project is located and | 8 | | receiving a permit. A person, corporation, company, | 9 | | municipality, or other agency that does any of the things | 10 | | prohibited in this Section without securing a permit as | 11 | | required in this Section shall be guilty of a Class A | 12 | | misdemeanor. However, a permit is not required (i) for any | 13 | | project for which a permit has already been secured from a | 14 | | proper governmental agency prior to the creation of the Port | 15 | | District or (ii) for a project to be undertaken by a | 16 | | participating municipality for which a permit is required from | 17 | | a governmental agency other than the participating | 18 | | municipality before the municipality can proceed with the | 19 | | project. Any structure, fill, or deposit erected or made in | 20 | | any of the public bodies of water within the Port District in | 21 | | violation of the provisions of this Section is a purpresture | 22 | | and may be abated at the expense of the person, corporation, | 23 | | company, municipality, or other agency responsible for the | 24 | | violation, or, if, in the discretion of the participating | 25 | | municipality where the project is located, it is decided that | 26 | | the structure, fill, or deposit may remain, the participating |
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| 1 | | municipality where the project is located may fix a | 2 | | requirement, restriction, or rental or require and compel | 3 | | necessary changes, modifications, and repairs to protect the | 4 | | municipality's interest. | 5 | | Section 75. Conflicts of interest. Except as otherwise | 6 | | provided in this Act, it is unlawful for any member, officer, | 7 | | employee, or other appointee of the governing and | 8 | | administrative body or participating municipality or for the | 9 | | husband, wife, or minor child of a city council of a | 10 | | participating municipality to have, acquire, obtain, or hold | 11 | | any contract, work, or business of the Port District, whether | 12 | | for stationery, printing, paper, services, material, or | 13 | | supplies or any private financial interest in the sale or | 14 | | lease of property to or from the Port District. It is unlawful | 15 | | for any firm, partnership, association, or corporation from | 16 | | which these persons shall be entitled, by contract, stock | 17 | | ownership, or otherwise, to receive more than 7.5% of the | 18 | | total distributable net income from having, acquiring, | 19 | | obtaining, or holding the contract, work, or business or any | 20 | | private financial interest. It is unlawful for any firm, | 21 | | partnership, association, or corporation from which a listed | 22 | | person, together with his or her wife, husband, or minor child | 23 | | or children, or any combination, who shall by contract, stock | 24 | | ownership, or otherwise be entitled to receive, in the | 25 | | aggregate, more than 15% of the total distributable income |
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| 1 | | from having, acquiring, obtaining, or holding the contract, | 2 | | work, or business or any private financial interest. Any | 3 | | person, firm, partnership, association, or corporation that | 4 | | violates the provisions of this Section shall forfeit any and | 5 | | all sums paid or to be paid by the Port District under the | 6 | | contract, sale, or lease and, if found guilty of a violation, | 7 | | shall be guilty of a business offense and shall be fined not to | 8 | | exceed $2,500. | 9 | | Section 80. Organization for the transaction of business. | 10 | | As soon as practicable after the effective date of this Act and | 11 | | as soon as practicable after the annexation of any property | 12 | | into the Port District, the Rock Island City Council or the | 13 | | city council of any subsequent municipality annexed into the | 14 | | Port District, as applicable, shall determine how the | 15 | | municipality will organize for the transaction of business | 16 | | either as part of normal meetings of the municipality's city | 17 | | council or special meetings to conduct business related to the | 18 | | Port District that falls within the municipality's corporate | 19 | | limits, and the city council shall determine whether separate | 20 | | bylaws and procedures should be adopted to regulate and govern | 21 | | proceedings of that portion of the Port District within the | 22 | | participating municipality's corporate limits. | 23 | | Section 85. Meetings; actions of the Port District. | 24 | | (a) All city councils of participating municipalities |
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| 1 | | shall meet in a joint session at least once every calendar year | 2 | | to discuss Port District business. Additionally, all city | 3 | | councils of participating municipalities shall meet in a joint | 4 | | session no later than 60 days following the annexation of a | 5 | | municipality into the Port District. | 6 | | (b) The city council of a participating municipality shall | 7 | | meet to discuss Port District business at least once each | 8 | | calendar month, the time and place of the meetings to be fixed | 9 | | by the city council of the participating municipality. Special | 10 | | meetings may be called as allowed in the ordinances of the | 11 | | participating municipality. | 12 | | (c) The Port District may act (i) through its governing | 13 | | and administrative body for the Port District as a whole, as | 14 | | provided in this subsection or (ii) individually through the | 15 | | actions of a city council of a participating municipality | 16 | | solely for the portion of Port District within that | 17 | | participating municipality's corporate limits, as provided in | 18 | | subsection (d). | 19 | | All actions by the governing and administrative body shall | 20 | | be by ordinance or resolution by the affirmative vote of a | 21 | | majority of the city councils of the participating | 22 | | municipalities. However, the governing and administrative body | 23 | | may not take any action solely within one participating | 24 | | municipality without the approval of the majority of members | 25 | | on that participating municipality's city council. If an | 26 | | ordinance or resolution adopted by the governing and |
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| 1 | | administrative body conflicts with an ordinance or resolution | 2 | | relating to Port District purposes adopted of a city council | 3 | | of a participating municipality, the ordinance or resolution | 4 | | adopted by the city council of the participating municipality | 5 | | controls unless the majority of members on that participating | 6 | | municipality's city council approved the ordinance or | 7 | | resolution of the governing and administrative body. | 8 | | (d) All actions regarding the Port District within each | 9 | | participating municipality shall be by ordinance or resolution | 10 | | and, except as otherwise provided in this Act, the affirmative | 11 | | vote of a majority of the city council of the participating | 12 | | municipality. The chief elected officer of the city council of | 13 | | a participating municipality is entitled to vote on all | 14 | | matters coming before the city council related to the Port | 15 | | District within the participating municipality, | 16 | | notwithstanding any other provision of law. | 17 | | All ordinances, resolutions, and proceedings of the city | 18 | | council of a participating municipality and all documents and | 19 | | records in its possession are public records and open to | 20 | | public inspection at the office of the participating | 21 | | municipality, except documents and records that are kept or | 22 | | prepared by the participating municipality for the Port | 23 | | District within the municipality's corporate limits for use in | 24 | | negotiations, legal actions, or proceedings related to that | 25 | | portion of the Port District within the municipality's | 26 | | corporate limits. |
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| 1 | | Section 90. Treasurer and secretary. A participating | 2 | | municipality's secretary and treasurer are assigned to those | 3 | | same duties for Port District business within the | 4 | | participating municipality. Their respective municipal | 5 | | offices' constitutional oaths and corporate sureties shall | 6 | | serve as the same for the conduct of work related to the Port | 7 | | District within the participating municipality. Whatever penal | 8 | | sum may be directed by the participating municipality's city | 9 | | council conditioned upon the faithful performance of the | 10 | | duties of the office and the payment of all money received by | 11 | | him or her according to law shall be the same for work related | 12 | | to the Port District within the participating municipality's | 13 | | corporate limits. The city council may, at any time, require a | 14 | | new bond from the treasurer in a penal sum determined by the | 15 | | city council within the municipality's existing ordinances. | 16 | | The obligation of the sureties shall not extend to any loss | 17 | | sustained by the insolvency, failure, or closing of any | 18 | | savings or loan association or national or State bank where | 19 | | the treasurer has deposited funds if the bank or savings and | 20 | | loan association has been approved by the city council as a | 21 | | depositary for these funds. The oaths and corporate sureties | 22 | | shall be filed in the principal office of the participating | 23 | | municipality. | 24 | | Section 95. Funds of the Port District; check and draft |
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| 1 | | signatures. | 2 | | (a) All funds deposited by the treasurer in a bank or | 3 | | savings and loan association shall be placed in the name of the | 4 | | Port District for the participating municipality and shall be | 5 | | withdrawn or paid out only by check or draft upon the bank or | 6 | | savings and loan association, signed by the treasurer and | 7 | | countersigned by the chief elected official of the | 8 | | municipality in which the funds were derived for the Port | 9 | | District or in the same manner as required by the municipality | 10 | | within the municipality's ordinances. | 11 | | A bank or savings and loan association may not receive | 12 | | public funds as permitted by this subsection unless it has | 13 | | complied with the requirements under Section 6 of the Public | 14 | | Funds Investment Act. | 15 | | (b) If an officer whose signature appears upon a check or | 16 | | draft issued pursuant to this Act ceases to hold his or her | 17 | | office before the delivery of the check or draft to the payee, | 18 | | his or her signature nevertheless shall be valid and | 19 | | sufficient for all purposes with the same effect as if he or | 20 | | she had remained in office until delivery of the check or | 21 | | draft. | 22 | | Section 100. General manager; general attorney; chief | 23 | | engineer. A participating municipality may appoint a | 24 | | general manager, who shall be a person of recognized ability | 25 | | and business experience, to hold this position at the pleasure |
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| 1 | | of that municipality and within the municipal corporate limits | 2 | | inside the Port District. The same general manager may be | 3 | | appointed by more than one participating municipality. The | 4 | | general manager may manage the properties and business of the | 5 | | Port District and the employees of the Port District, subject | 6 | | to the general control of the municipality or municipalities, | 7 | | may direct the enforcement of all ordinances and resolutions | 8 | | of the municipality or municipalities related to the Port | 9 | | District, and may perform other duties prescribed by the | 10 | | municipality or municipalities. | 11 | | A participating municipality may appoint a general | 12 | | attorney, a chief engineer, and other officers, attorneys, | 13 | | engineers, consultants, agents, and employees as may be | 14 | | necessary and define their duties and may require bonds of | 15 | | them as the municipality may designate. The same officers, | 16 | | attorneys, engineers, consultants, agents, and employees | 17 | | manager may be appointed by more than one participating | 18 | | municipality. | 19 | | The general manager, general attorney, chief engineer and | 20 | | all other employees provided for by this Section are exempt | 21 | | from taking and subscribing to any oath of office and may not | 22 | | be members of the city council of a participating | 23 | | municipality. The compensation of the general manager, general | 24 | | attorney, chief engineer, and all other officers, attorneys, | 25 | | consultants, agents, and employees shall be fixed by the | 26 | | participating municipality or municipalities employing the |
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| 1 | | individual. All employees are subject to the provisions of | 2 | | Section 75. | 3 | | Section 105. Fines and Penalties. The city council of a | 4 | | participating municipality may adopt any fines or penalties as | 5 | | it deems proper. All fines and penalties shall be imposed by | 6 | | ordinance, which shall be published in a newspaper of general | 7 | | circulation in the area of the Port District within the | 8 | | municipality's corporate limits. An ordinance imposing fines | 9 | | or penalties may not take effect until 10 days after its | 10 | | publication. | 11 | | Section 110. Report and financial statement. Within 60 | 12 | | days after the end of a fiscal year, a participating | 13 | | municipality's city council shall have prepared by a certified | 14 | | public accountant a complete and detailed report and financial | 15 | | statement of the operations and assets and liabilities of the | 16 | | Port District within the municipality's corporate limits. | 17 | | Copies of the report shall be prepared for distribution to | 18 | | persons interested, upon request, and a copy of the report and | 19 | | financial statement shall be filed with the Governor and with | 20 | | the Rock Island County Clerk. | 21 | | Section 115. Investigations; administrative decisions. | 22 | | (a) A participating municipality may investigate | 23 | | conditions of the Port District within the municipality's |
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| 1 | | corporate limits and investigate the enforcement of the | 2 | | municipality's ordinances relating to the Port District within | 3 | | the municipality's corporate limits. When conducting an | 4 | | investigation, the municipality may hold public hearings on | 5 | | its own motion. | 6 | | A circuit court, upon application of a participating | 7 | | municipality, may compel the attendance of witnesses, the | 8 | | production of books and papers, and giving of testimony before | 9 | | the municipality's city council by attachment for contempt or | 10 | | otherwise in the same manner as the production of evidence may | 11 | | be compelled before the court. | 12 | | When conducting an investigation authorized by this | 13 | | Section, the participating municipality shall, at its expense, | 14 | | provide a stenographer to take down all testimony and shall | 15 | | preserve a record of the proceedings. The notice of hearing, | 16 | | complaint, and all other documents in the nature of pleadings | 17 | | and written motions filed in the proceedings, the transcript | 18 | | of testimony, and the orders or decision of the city council | 19 | | constitutes the record of the proceedings. | 20 | | (b) The city council of the participating municipality is | 21 | | not required to certify any record or file any answer or | 22 | | otherwise appear in any proceeding for judicial review of an | 23 | | administrative decision unless the party asking for review | 24 | | deposits with the clerk of the court the sum of $1 per page of | 25 | | the record representing the costs of the certification. | 26 | | Failure to make this deposit is ground for dismissal of the |
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| 1 | | action. | 2 | | A final administrative decision of a participating | 3 | | municipality is subject to judicial review under the | 4 | | Administrative Review Law and the rules adopted pursuant to | 5 | | that Law. | 6 | | Section 120. Severability; interaction with other laws and | 7 | | parties. | 8 | | (a) The provisions of this Act are severable under Section | 9 | | 1.31 of the Statute on Statutes. | 10 | | (b) The provisions of this Act do not impair, alter, | 11 | | modify, repeal, or supersede the jurisdiction or powers of the | 12 | | Illinois Commerce Commission or of the Department of Natural | 13 | | Resources under the Rivers, Lakes, and Streams Act. | 14 | | (c) Nothing in this Act or done under its authority shall | 15 | | apply to, restrict, limit, or interfere with the use of any | 16 | | terminal facility or port facility owned or operated by any | 17 | | private person for the storage or handling or transfer of any | 18 | | commodity moving in interstate commerce or the use of the land | 19 | | and facilities of a common carrier or other public utility and | 20 | | the space above the land and facilities in the business of the | 21 | | common carrier or other public utility without approval of the | 22 | | Illinois Commerce Commission and without the payment of just | 23 | | compensation to the common carrier or other public utility for | 24 | | damages resulting from the restriction, limitation, or | 25 | | interference. |
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| 1 | | (d) The provisions of the Illinois Municipal Code shall | 2 | | not be effective inside the Port District insofar as that Code | 3 | | conflicts with this Act or grants substantially the same | 4 | | powers to any municipality or political subdivision as are | 5 | | granted to the Port District by this Act.
| 6 | | Section 900. Home rule. | 7 | | (a) A participating municipality that is a home rule | 8 | | municipality may not regulate or act in a manner inconsistent | 9 | | with this Act as those regulations or acts apply to the Rock | 10 | | Island Regional Port District. This Act is a limitation under | 11 | | subsection (i) of Section 6 of Article VII of the Illinois | 12 | | Constitution on the concurrent exercise by home rule units of | 13 | | powers and functions exercised by the State. | 14 | | (b) Nothing in this Section prohibits regulations or | 15 | | actions by a municipality that are otherwise lawful and not | 16 | | expressly prohibited by or in conflict with this Act. | 17 | | Section 905. The Foreign Trade Zones Act is amended by | 18 | | changing Section 1 as follows:
| 19 | | (50 ILCS 40/1) (from Ch. 24, par. 1361)
| 20 | | Sec. 1.
Each of the following units of State or local | 21 | | government and public or
private corporations shall have the | 22 | | power to apply to proper authorities of
the United States of | 23 | | America pursuant to appropriate law for the right to
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| 1 | | establish, operate, maintain and lease foreign trade zones and | 2 | | sub-zones
within its corporate limits or within limits | 3 | | established pursuant to
agreement with proper authorities of | 4 | | the United States of America, as the
case may be, and to | 5 | | establish, operate, maintain and lease such foreign
trade | 6 | | zones and sub-zones:
| 7 | | (a) The City of East St. Louis.
| 8 | | (b) The Bi-State Authority, Lawrenceville - Vincennes
| 9 | | Airport.
| 10 | | (c) The Waukegan Port district.
| 11 | | (d) The Illinois Valley Regional Port District.
| 12 | | (e) The Economic Development Council, Inc. located in the
| 13 | | area of the United States Customs Port of Entry for Peoria,
| 14 | | pursuant to authorization granted by the county boards in the
| 15 | | geographic area served by the proposed foreign trade zone.
| 16 | | (f) The Greater Rockford Airport Authority.
| 17 | | (f-1) The Rock Island Regional Port District, | 18 | | (f-5) The Illinois Department of Transportation, with | 19 | | respect to the South Suburban Airport. | 20 | | (g) After the effective date of this amendatory Act of | 21 | | 1984, any county,
city, village or town within the State or a | 22 | | public or private corporation
authorized or licensed to do | 23 | | business in the State or any combination thereof
may apply to | 24 | | the Foreign Trade Zones Board, United States Department of
| 25 | | Commerce, for the right to establish, operate and maintain a | 26 | | foreign trade
zone and sub-zones. For the purposes of this |
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| 1 | | Section, such foreign trade
zone or sub-zones may be | 2 | | incorporated outside the corporate boundaries or
be made up of | 3 | | areas from adjoining counties or states.
| 4 | | (h) No foreign trade zone may be established within 50 | 5 | | miles of an existing
zone situated in a county with 3,000,000 | 6 | | or more inhabitants or within 35
miles of an existing zone | 7 | | situated in a county with less than 3,000,000
inhabitants, | 8 | | such zones having been
created pursuant to this Act without | 9 | | the permission of the authorities
which established the | 10 | | existing zone.
| 11 | | (Source: P.A. 98-109, eff. 7-25-13.)
| 12 | | Section 910. The Eminent Domain Act is amended by changing | 13 | | Section 15-5-46 as follows: | 14 | | (735 ILCS 30/15-5-46) | 15 | | Sec. 15-5-46. Eminent domain powers in new Acts. The | 16 | | following provisions of law may include express grants of the | 17 | | power to acquire property by condemnation or eminent domain: | 18 | | Rock Island Regional Port District Act; Rock Island Regional | 19 | | Port District and participating municipalities; for | 20 | | general Port District purposes. (Reserved).
| 21 | | (Source: P.A. 96-1522, eff. 2-14-11; 97-813, eff. 7-13-12.)
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