Full Text of SB1784 96th General Assembly
SB1784enr 96TH GENERAL ASSEMBLY
|
|
|
SB1784 Enrolled |
|
LRB096 11145 RLJ 21514 b |
|
| 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 Upper | 5 |
| Mississippi River International Port District Act. | 6 |
| Section 2. Definitions. When used in this Act: | 7 |
| "Aircraft" means any contrivance now known or hereafter | 8 |
| invented, used or designed for navigation of, or flight in, the | 9 |
| air. | 10 |
| "Airport" means any locality, either land or water, which | 11 |
| is used or designed for the landing and taking off of aircraft, | 12 |
| or for the location of runways, landing fields, airdromes, | 13 |
| hangars, buildings, structures, airport roadways, and other | 14 |
| facilities. | 15 |
| "Airport hazard" means any structure or object of natural | 16 |
| growth located on or in the vicinity of an airport, or any use | 17 |
| of land near an airport, which is hazardous to the use of the | 18 |
| airport for the landing and taking off of aircraft. | 19 |
| "Approach" means any path, course, or zone defined by an | 20 |
| ordinance of the District or by other lawful regulation, on the | 21 |
| ground, in the air, or both, for the use of aircraft in landing | 22 |
| and taking off from an airport located within the District. | 23 |
| "Board" means Upper Mississippi River International Port |
|
|
|
SB1784 Enrolled |
- 2 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| District Board. | 2 |
| "Commercial aircraft" means any aircraft other than public | 3 |
| aircraft engaged in the business of transporting persons or | 4 |
| property. | 5 |
| "District" means the Upper Mississippi River International | 6 |
| Port District created by this Act. | 7 |
| "General obligation bond" means any bond issued by the | 8 |
| District any part of the principal or interest of which bond is | 9 |
| to be paid by taxation. | 10 |
| "Governmental agency" means the United States, the State of | 11 |
| Illinois, any local governmental body, and any agency or | 12 |
| instrumentality, corporate or otherwise, thereof. | 13 |
| "Governor" means the Governor of the State of Illinois. | 14 |
| "Intermodal" means a type of international freight system | 15 |
| that permits transshipping among rivers, sea, highway, rail, | 16 |
| and air modes of transportation through use of | 17 |
| ANSI/International Organization for Standardization | 18 |
| containers, line haul assets, and handling equipment. | 19 |
| "Navigable waters" mean any public waters that are or can | 20 |
| be made usable for water commerce. | 21 |
| "Person" means any individual, firm, partnership, trust, | 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 |
| "Port facilities" means all public and other buildings, | 26 |
| structures, works, improvements, and equipment, except |
|
|
|
SB1784 Enrolled |
- 3 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| terminal facilities as defined in this Section, that are upon, | 2 |
| in, over, under, adjacent, or near to navigable waters, | 3 |
| harbors, rivers, slips, and basins and that are necessary or | 4 |
| useful for or incident to the furtherance of water and land | 5 |
| commerce and the operation of small boats and pleasure craft. | 6 |
| "Port facilities" includes the excavating, widening, and | 7 |
| deepening of basins, slips, harbors, rivers and navigable | 8 |
| waters. Port facilities also means all lands, buildings, | 9 |
| structures, improvements, equipment, and appliances located on | 10 |
| district property that are used for industrial, manufacturing, | 11 |
| commercial, or recreational purposes. | 12 |
| "Private aircraft" means any aircraft other than public and | 13 |
| commercial aircraft. | 14 |
| "Public aircraft" means an aircraft used exclusively in the | 15 |
| governmental service of the United States, or of any state or | 16 |
| any public agency, including military and naval aircraft. | 17 |
| "Public airport" means an airport owned by a Port District, | 18 |
| an airport authority, or other public agency, which is used or | 19 |
| is intended for use by public, commercial and private aircraft | 20 |
| and by persons owning, managing, operating or desiring to use, | 21 |
| inspect or repair any such aircraft or to use any such airport | 22 |
| for aeronautical purposes. | 23 |
| "Public incinerator" means a facility for the disposal of | 24 |
| waste by incineration by any means or method for public use, | 25 |
| including, but not limited to, incineration and disposal of | 26 |
| industrial wastes. |
|
|
|
SB1784 Enrolled |
- 4 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| "Public interest" means the protection, furtherance, and | 2 |
| advancement of the general welfare and of public health and | 3 |
| safety and public necessity and convenience. | 4 |
| "Revenue bond" means any bond issued by the District the | 5 |
| principal and interest of which bond is payable solely from | 6 |
| revenues or income derived from terminal, terminal facilities | 7 |
| or port facilities of the District. | 8 |
| "Terminal" means a public place, station, or depot for | 9 |
| receiving and delivering baggage, mail, freight, or express | 10 |
| matter and for any combination of such purposes, in connection | 11 |
| with the transportation of persons and property on water or | 12 |
| land or in the air. | 13 |
| "Terminal facilities" means all land, buildings, | 14 |
| structures, improvements, equipment, and appliances useful in | 15 |
| the operation of public warehouse, storage, and transportation | 16 |
| facilities and industrial, manufacturing, processing and | 17 |
| conversion activities for the accommodation of or in connection | 18 |
| with commerce by water, land, or air or useful as an aid to | 19 |
| further the public interest, or constituting an advantage or | 20 |
| convenience to the safe landing, taking off, and navigation of | 21 |
| aircraft, or the safe and efficient operation or maintenance of | 22 |
| a public airport; except that nothing in this definition shall | 23 |
| be interpreted as granting authority to the District to | 24 |
| acquire, purchase, create, erect, or construct a bridge across | 25 |
| any waterway which serves as a boundary between the State of | 26 |
| Illinois and any other state. |
|
|
|
SB1784 Enrolled |
- 5 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 3. Upper Mississippi River International Port | 2 |
| District created. There is created a political subdivision, | 3 |
| body politic, and municipal corporation by the name of the | 4 |
| Upper Mississippi River International Port District embracing | 5 |
| all the area within the corporate limits of Carroll County and | 6 |
| Jo Daviess County. Territory may be annexed to the District in | 7 |
| the manner provided in this Act. The District may sue and be | 8 |
| sued in its corporate name, but execution shall not in any case | 9 |
| issue against any property of the District. It may adopt a | 10 |
| common seal and change the same at its pleasure. | 11 |
| Section 4. Property of District; exemption. All property of | 12 |
| every kind belonging to the Upper Mississippi River | 13 |
| International Port District shall be exempt from taxation, | 14 |
| provided that a tax may be levied upon a lessee of the District | 15 |
| by reason of the value of a leasehold estate separate and apart | 16 |
| from the fee or upon any improvements that are constructed and | 17 |
| owned by persons other than the District. | 18 |
| All property of the Upper Mississippi River International | 19 |
| Port District shall be construed as constituting public grounds | 20 |
| owned by a municipal corporation and used exclusively for | 21 |
| public purposes within the tax exemption provisions of Sections | 22 |
| 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 | 23 |
| of the Property Tax Code. |
|
|
|
SB1784 Enrolled |
- 6 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 5. Duties. The Port District shall have all of the | 2 |
| following duties: | 3 |
| (a) To study the existing harbor plans within the area of | 4 |
| the District and to recommend to the appropriate governmental | 5 |
| agency, including the General Assembly, any changes and | 6 |
| modifications that may, from time to time, be required by | 7 |
| continuing development and to meet changing business and | 8 |
| commercial needs. | 9 |
| (b) To make an investigation of conditions within the area | 10 |
| of the District and to prepare and adopt a comprehensive plan | 11 |
| for the development of port facilities and intermodal | 12 |
| facilities for the District. In preparing and recommending | 13 |
| changes and modifications in existing harbor plans or a | 14 |
| comprehensive plan for the development of port facilities and | 15 |
| intermodal facilities, the District may, if it deems desirable, | 16 |
| set aside and allocate an area or areas within the land | 17 |
| acquired by it or held by it to be used and operated by the | 18 |
| District or leased to private parties for industrial, | 19 |
| manufacturing, commercial, recreational, or harbor purposes, | 20 |
| where the area or areas are not, in the opinion of the | 21 |
| District, required for its primary purposes in the development | 22 |
| of intermodal, harbor, and port facilities for the use of | 23 |
| public water and land transportation, or will not be | 24 |
| immediately needed for those purposes, and where the use and | 25 |
| operation or leasing will in the opinion of the District aid | 26 |
| and promote the development of intermodal, terminal, and port |
|
|
|
SB1784 Enrolled |
- 7 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| facilities. | 2 |
| (c) To study and make recommendations to the proper | 3 |
| authority for the improvement of terminal, lighterage, | 4 |
| wharfage, warehousing, transfer, and other facilities | 5 |
| necessary for the promotion of commerce and the interchange of | 6 |
| traffic within, to, and from the District. | 7 |
| (d) To study, prepare, and recommend by specific proposals | 8 |
| to the General Assembly changes in the jurisdiction of the | 9 |
| District. | 10 |
| (e) To petition any federal, State, municipal, or local | 11 |
| authority, administrative, judicial, and legislative, having | 12 |
| jurisdiction in the District for the adoption and execution of | 13 |
| the physical improvement, change in method, system of handling | 14 |
| freight, warehousing, docking, lightering, and transfer | 15 |
| freight that, in the opinion of the District, may be designed | 16 |
| to improve or better the handling of commerce in and through | 17 |
| the District or improve terminal or transportation facilities | 18 |
| within the District. | 19 |
| (f) To foster, stimulate, and promote the shipment of | 20 |
| cargoes and commerce through ports, whether originating within | 21 |
| or without the State of Illinois or the United States of | 22 |
| America. | 23 |
| (g) To acquire, construct, own, lease, and develop | 24 |
| terminals, harbors, wharf facilities, piers, docks, | 25 |
| warehouses, bulk terminals, grain elevators, boats, and other | 26 |
| harbor crafts, and any other port facility or port-related |
|
|
|
SB1784 Enrolled |
- 8 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| facility or service, such as railroads, that it finds necessary | 2 |
| and convenient. | 3 |
| (h) To perform any other act or function that may tend to | 4 |
| or be useful toward development and improvement of harbors, | 5 |
| river ports, and port-related facilities and services and to | 6 |
| increase foreign and domestic commerce through the harbors and | 7 |
| ports within the Port District. | 8 |
| (i) To study and make recommendations for river resources | 9 |
| management and environmental education within the District, | 10 |
| including but not limited to, wetlands banks, mitigation areas, | 11 |
| water retention and sedimentation areas, fish hatcheries, or | 12 |
| wildlife sanctuaries, natural habitat, and native plant | 13 |
| research. | 14 |
| Section 6. Changes in harbor plans. Any changes and | 15 |
| modifications in harbor plans within the area of the Port | 16 |
| District from time to time recommended by the District or any | 17 |
| comprehensive plan for the development of the port facilities | 18 |
| adopted by the District under the authority granted by this Act | 19 |
| shall be submitted to the Department of Natural Resources for | 20 |
| approval, and approval by the Department of Natural Resources | 21 |
| shall be conclusive evidence, for all purposes, that these | 22 |
| changes and modifications conform to the provisions of this | 23 |
| Act. | 24 |
| Section 7. Rights and powers. The Port District shall have |
|
|
|
SB1784 Enrolled |
- 9 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| the following rights and powers: | 2 |
| (a) to issue permits for the construction of all harbors, | 3 |
| wharves, piers, dolphins, booms, weirs, breakwaters, | 4 |
| bulkheads, jetties, bridges, or other structures of any kind | 5 |
| over, under, in, or within 40 feet of any navigable waters | 6 |
| within the District; for the excavation or deposit of rock, | 7 |
| earth, sand, or other material; or for any matter of any kind | 8 |
| or description in those waters; | 9 |
| (b) to prevent or remove obstructions, including the | 10 |
| removal of wrecks; | 11 |
| (c) to locate and establish dock lines and shore or harbor | 12 |
| lines; | 13 |
| (d) to acquire, own, construct, sell, lease, operate, and | 14 |
| maintain port and harbor, water, and land terminal facilities | 15 |
| and, subject to the provisions of Section 8, to operate or | 16 |
| contract for the operation of those facilities, and to fix and | 17 |
| collect just, reasonable, and non-discriminatory charges, | 18 |
| rentals, or fees for the use of those facilities. The charges, | 19 |
| rentals, or fees so collected shall be made available to defray | 20 |
| the reasonable expenses of the District and to pay the | 21 |
| principal of and interest on any revenue bonds issued by the | 22 |
| District; | 23 |
| (e) to enter into any agreement or contract with any | 24 |
| airport for the use of airport facilities to the extent | 25 |
| necessary to carry out any of the purposes of the District; | 26 |
| (f) to locate, establish, and maintain a public airport, |
|
|
|
SB1784 Enrolled |
- 10 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| public airports, and public airport facilities within its | 2 |
| corporate limits or within or upon any body of water adjacent | 3 |
| thereto, and to construct, develop, expand, extend, and improve | 4 |
| any such airport or airport facilities; | 5 |
| (g) to operate, maintain, manage, lease, or sublease for | 6 |
| any period not exceeding 99 years, and to make and enter into | 7 |
| contracts for the use, operation, or management of, and to | 8 |
| provide rules and regulations for, the operation, management, | 9 |
| or use of any public airport or public airport facility; | 10 |
| (h) to fix, charge, and collect reasonable rentals, tolls, | 11 |
| fees, and charges for the use of any public airport, or any | 12 |
| part thereof, or any public airport facility; | 13 |
| (i) to establish, maintain, extend, and improve roadways | 14 |
| and approaches by land, water, or air to any such airport and | 15 |
| to contract or otherwise provide, by condemnation if necessary, | 16 |
| for the removal of any airport hazard or the removal or | 17 |
| relocation of all private structures, railways, mains, pipes, | 18 |
| conduits, wires, poles, and all other facilities and equipment | 19 |
| which may interfere with the location, expansion, development, | 20 |
| or improvement of airports or with the safe approach thereto or | 21 |
| take off there from by aircraft, and to pay the cost of removal | 22 |
| or relocation; and, subject to the Airport Zoning Act, to | 23 |
| adopt, administer and enforce airport zoning regulations for | 24 |
| territory which is within its corporate limits or which extends | 25 |
| not more than 2 miles beyond its corporate limits; | 26 |
| (j) To the extent authorized by the Intergovernmental |
|
|
|
SB1784 Enrolled |
- 11 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Cooperation Act, to enter into any agreements with any other | 2 |
| public agency of this State, including other port districts; | 3 |
| (k) To the extent authorized by any interstate compact, to | 4 |
| enter into agreements with any other state or unit of local | 5 |
| government of any other state; and | 6 |
| (l) To enter into contracts dealing in any manner with the | 7 |
| objects and purposes of this Act. | 8 |
| (m) 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 the 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; |
|
|
|
SB1784 Enrolled |
- 12 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| (n) To establish, employ, and provide a fire protection | 2 |
| unit within the physical property of the District; | 3 |
| (o) To acquire, own, sell, convey, construct, lease for any | 4 |
| period not exceeding 99 years, manage, operate, expand, | 5 |
| develop, and maintain any telephone system, including, but not | 6 |
| limited to, all equipment, materials, and facilities necessary | 7 |
| or incidental to that telephone or other communication system, | 8 |
| for use, at the option of the District and upon payment of a | 9 |
| reasonable fee set by the District, of any tenant or occupant | 10 |
| situated on any former military base owned or leased by the | 11 |
| District or which is located within its jurisdictional | 12 |
| boundaries; | 13 |
| (p) To acquire, operate, maintain, manage, lease, or | 14 |
| sublease for any period not exceeding 99 years any former | 15 |
| military base owned or leased by the District and within its | 16 |
| jurisdictional boundaries, to make and enter into any contract | 17 |
| for the use, operation, or management of any former military | 18 |
| base owned or leased by the District and located within its | 19 |
| jurisdictional boundaries, and to provide rules and | 20 |
| regulations for the development, redevelopment, and expansion | 21 |
| of any former military base owned or leased by the District or | 22 |
| which is located within the jurisdictional boundaries of the | 23 |
| District; | 24 |
| (q) To acquire, locate, establish, re-establish, expand or | 25 |
| renew, construct or reconstruct, operate, and maintain any | 26 |
| facility, building, structure, or improvement for a use or a |
|
|
|
SB1784 Enrolled |
- 13 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| purpose consistent with any use or purpose of any former | 2 |
| military base owned or leased by the District or which is | 3 |
| located within its jurisdictional boundaries; | 4 |
| (r) To cause to be incorporated one or more subsidiary | 5 |
| business corporations, wholly owned by the District, to own, | 6 |
| operate, maintain, and manage facilities and services related | 7 |
| to any telephone or other communication system, pursuant to | 8 |
| paragraph (o) of this Section. A subsidiary corporation formed | 9 |
| pursuant to this paragraph shall (i) be deemed a | 10 |
| telecommunications carrier, as that term is defined in Section | 11 |
| 13-202 of the Public Utilities Act, (ii) have the right to | 12 |
| apply to the Illinois Commerce Commission for a Certificate of | 13 |
| Service Authority or a Certificate of Interexchange Service | 14 |
| Authority, and (iii) have the powers necessary to carry out | 15 |
| lawful orders of the Illinois Commerce Commission; | 16 |
| (s) To acquire, improve, develop, or redevelop any former | 17 |
| military base situated within the boundaries of the District, | 18 |
| in Carroll County, Jo Daviess County, or both, and acquired by | 19 |
| the District from the federal government, acting by and through | 20 |
| the United States Maritime Administration, pursuant to any plan | 21 |
| for redevelopment, development, or improvement of that | 22 |
| military base by the District that is approved by the United | 23 |
| States Maritime Administration under the terms and conditions | 24 |
| of conveyance of the former military base to the District by | 25 |
| the federal government. |
|
|
|
SB1784 Enrolled |
- 14 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 8. Contracts for the operation of warehouses and | 2 |
| storage facilities. Any public warehouse or other public | 3 |
| storage facility owned or otherwise controlled by the District | 4 |
| shall be operated by persons under contracts with the District. | 5 |
| Any contract shall reserve reasonable rentals or other charges | 6 |
| payable to the district sufficient to pay the cost of | 7 |
| maintaining, repairing, regulating, and operating the | 8 |
| facilities and to pay the principal of and interest on any | 9 |
| revenue bonds issued by the District and may contain any other | 10 |
| conditions that may be mutually agreed upon. However, upon the | 11 |
| breach of a contract or if no contract is in existence as to | 12 |
| any facility, the District shall temporarily operate the | 13 |
| facility until a contract for its operation can be negotiated. | 14 |
| Section 9. Procedure for leases or contracts for operation | 15 |
| of warehouses and storage facilities. All leases or other | 16 |
| contracts for operation of any public warehouse or public grain | 17 |
| elevator to which this Section is applicable owned or otherwise | 18 |
| controlled by the District shall be governed by the following | 19 |
| procedures. Notice shall be given by the District that bids | 20 |
| will be received for the operation of the public warehouse or | 21 |
| public grain elevator. This notice shall state the time within | 22 |
| which and the place where bids may be submitted, the time and | 23 |
| place of opening of bids, and shall be published not more than | 24 |
| 30 days nor less than 15 days in advance of the first day for | 25 |
| the submission of bids in any one or more newspapers designated |
|
|
|
SB1784 Enrolled |
- 15 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| by the District that have a general circulation within the | 2 |
| District. The notice shall specify sufficient data of the | 3 |
| proposed operation to enable bidders to understand the scope of | 4 |
| the operation; provided, however, that contracts that by their | 5 |
| nature are not adapted to award by competitive bidding, such as | 6 |
| contracts for the services of individuals possessing a high | 7 |
| degree of personal skill, contracts for the purchase or binding | 8 |
| of magazines, books, periodicals, pamphlets, reports, and | 9 |
| similar articles, and contracts for utility services such as | 10 |
| water, light, heat, telephone, or telegraph, shall not be | 11 |
| subject to the competitive bidding requirements of this | 12 |
| Section, but may not be awarded without the affirmative vote of | 13 |
| three-fifths of the Board. | 14 |
| The Board may, by ordinance, promulgate reasonable | 15 |
| regulations prescribing the qualifications of the bidders as to | 16 |
| experience, adequacy of equipment, ability to complete | 17 |
| performance within the time set, and other factors in addition | 18 |
| to financial responsibility, and may, by ordinance, provide for | 19 |
| suitable performance guaranties to qualify a bid. Copies of all | 20 |
| regulations shall be made available to all bidders. | 21 |
| The District may determine in advance the minimum rental | 22 |
| that should be produced by the public warehouse or public grain | 23 |
| elevator offered and, if no qualified bid will produce the | 24 |
| minimum rental, all bids may be rejected and the District shall | 25 |
| then re-advertise for bids. If after the re-advertisement no | 26 |
| responsible and satisfactory bid within the terms of the |
|
|
|
SB1784 Enrolled |
- 16 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| advertisement is received, the District may then negotiate a | 2 |
| lease for not less than the amount of minimum rental so | 3 |
| determined. If, after negotiating for a lease as provided in | 4 |
| this Section, it is found necessary to revise the minimum | 5 |
| rental to be produced by the facilities offered for lease, then | 6 |
| the District shall again re-advertise for bids, as provided in | 7 |
| this Section, before negotiating a lease. | 8 |
| If the District shall temporarily operate any public | 9 |
| warehouse or public grain elevator, the temporary operation | 10 |
| shall not continue for more than one year without advertising | 11 |
| for bids for the operation of the facility as provided in this | 12 |
| Section. | 13 |
| Section 10. Compliance; prompt payment. Purchases made | 14 |
| pursuant to this Act shall be made in compliance with the Local | 15 |
| Government Prompt Payment Act. | 16 |
| Section 11. Acquisition of property. The District has power | 17 |
| to acquire and accept by purchase, lease, gift, grant, or | 18 |
| otherwise any property and rights useful for its purposes and | 19 |
| to provide for the development of channels, ports, harbors, | 20 |
| airports, airfields, terminals, port facilities and terminal | 21 |
| facilities adequate to serve the needs of commerce within the | 22 |
| District. The District may acquire real or personal property or | 23 |
| any rights therein in the manner, as near as may be, as is | 24 |
| provided for the exercise of the right of eminent domain under |
|
|
|
SB1784 Enrolled |
- 17 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| the Eminent Domain Act; except that no rights or property of | 2 |
| any kind or character now or hereafter owned, leased, | 3 |
| controlled or operated and used by, or necessary for the actual | 4 |
| operations of, any common carrier engaged in interstate | 5 |
| commerce, or of any other public utility subject to the | 6 |
| jurisdiction of the Illinois Commerce Commission, shall be | 7 |
| taken or appropriated by the District without first obtaining | 8 |
| the approval of the Illinois Commerce Commission and except | 9 |
| that no property owned by any municipality or village within | 10 |
| the District shall be taken or appropriated without first | 11 |
| obtaining the consent of such municipality or village. | 12 |
| Also, the District may lease to others for any period of | 13 |
| time, not to exceed 99 years, upon such terms as its Board may | 14 |
| determine, any of its real property, rights of way or | 15 |
| privileges, or any interest therein, or any part thereof, for | 16 |
| industrial, manufacturing, commercial, or harbor purposes. In | 17 |
| conjunction with such leases, the District may grant rights of | 18 |
| way and privileges across the property of the District, which | 19 |
| rights of way and privileges may be assignable and irrevocable | 20 |
| during the term of any such lease and may include the right to | 21 |
| enter upon the property of the District to do such things as | 22 |
| may be necessary for the enjoyment of those leases, rights of | 23 |
| way, and privileges, and those leases may contain such | 24 |
| conditions and retain such interest therein as may be deemed | 25 |
| for the best interest of the District by the Board. | 26 |
| Also, the District shall have the right to grant easements |
|
|
|
SB1784 Enrolled |
- 18 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| and permits for the use of any real property, rights of way or | 2 |
| privileges that, in the opinion of the Board, will not | 3 |
| interfere with the use thereof by the District for its primary | 4 |
| purposes and those easements and permits may contain such | 5 |
| conditions and retain such interest therein as may be deemed | 6 |
| for the best interest of the District by the Board. | 7 |
| With respect to any and all leases, easements, rights of | 8 |
| way, privileges and permits made or granted by the Board, the | 9 |
| Board may agree upon and collect the rentals, charges and fees | 10 |
| that may be deemed for the best interest of the District. | 11 |
| Except as provided in this Act for interim financing, the | 12 |
| rentals, charges and fees shall be used to defray the | 13 |
| reasonable expenses of the District and to pay the principal of | 14 |
| and interest on any revenue bonds issued by the District. | 15 |
| Section 12. Eminent domain. Notwithstanding any other | 16 |
| provision of this Act, any power granted under this Act to | 17 |
| acquire property by condemnation or eminent domain is subject | 18 |
| to, and shall be exercised in accordance with, the Eminent | 19 |
| Domain Act. | 20 |
| Section 13. Grants and loans. The District has power to | 21 |
| apply for and accept grants, loans, or appropriations from the | 22 |
| federal government, the State of Illinois, Carroll County, Jo | 23 |
| Daviess County, or any agency or instrumentality thereof to be | 24 |
| used for any of the purposes of the District and to enter into |
|
|
|
SB1784 Enrolled |
- 19 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| any agreements with the federal, State, and county governments | 2 |
| in relation to such grants, loans or appropriations. | 3 |
| The District may petition any federal, State, municipal, or | 4 |
| local authority, administrative, judicial and legislative, | 5 |
| having jurisdiction in the premises, for the adoption and | 6 |
| execution of any physical improvement, change in method or | 7 |
| system of handling freight, warehousing, docking, lightering, | 8 |
| and transfer of freight, which in the opinion of the District | 9 |
| is designed to improve or better the handling of commerce in | 10 |
| and through the Port District or improve terminal or | 11 |
| transportation facilities therein. | 12 |
| Section 14. Insurance contracts. The District has power to | 13 |
| procure and enter into contracts for any type of insurance or | 14 |
| indemnity against loss or damage to property from any cause, | 15 |
| including loss of use and occupancy, against death or injury of | 16 |
| any person, against employers' liability, against any act of | 17 |
| any member, officer, or employee of the District in the | 18 |
| performance of the duties of his office or employment or any | 19 |
| other insurable risk. | 20 |
| Section 15. Foreign trade zones and sub-zones. The District | 21 |
| has power to acquire or to apply to the proper authorities of | 22 |
| the United States of America under the appropriate law for the | 23 |
| right to establish, operate, maintain, and lease foreign trade | 24 |
| zones and sub-zones within the jurisdiction of the United |
|
|
|
SB1784 Enrolled |
- 20 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| States Customs Service and to establish, operate, maintain, and | 2 |
| lease the foreign trade zones and sub-zones. | 3 |
| Section 16. Authorization to borrow moneys. The District's | 4 |
| Board may borrow money from any bank or other financial | 5 |
| institution and may provide appropriate security for that | 6 |
| borrowing, if the money is repaid within 3 years after the | 7 |
| money is borrowed. "Financial institution" means any bank | 8 |
| subject to the Illinois Banking Act, any savings and loan | 9 |
| association subject to the Illinois Savings and Loan Act of | 10 |
| 1985, any savings bank subject to the Savings Bank Act, and any | 11 |
| federally chartered commercial bank or savings and loan | 12 |
| association organized and operated in this State pursuant to | 13 |
| the laws of the United States. | 14 |
| Section 17. Borrowing money; revenue bonds. | 15 |
| (a) The district has the continuing power to borrow money | 16 |
| for the purpose of acquiring, constructing, reconstructing, | 17 |
| extending, operating, or improving terminals, terminal | 18 |
| facilities, intermodal facilities, and port facilities; for | 19 |
| acquiring any property and equipment useful for the | 20 |
| construction, reconstruction, extension, improvement, or | 21 |
| operation of its terminals, terminal facilities, intermodal | 22 |
| facilities, and port facilities; and for acquiring necessary | 23 |
| cash working funds. For the purpose of evidencing the | 24 |
| obligation of the District to repay any money borrowed, the |
|
|
|
SB1784 Enrolled |
- 21 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| District may, by ordinances adopted by the Board from time to | 2 |
| time, issue and dispose of its interest bearing revenue bonds, | 3 |
| notes, or certificates and may also from time to time issue and | 4 |
| dispose of its interest bearing revenue bonds, notes, or | 5 |
| certificates to refund any bonds, notes, or certificates at | 6 |
| maturity or by redemption provisions or at any time before | 7 |
| maturity with the consent of the holders thereof. | 8 |
| (b) All bonds, notes, and certificates shall be payable | 9 |
| solely from the revenues or income to be derived from the | 10 |
| terminals, terminal facilities, intermodal facilities, and | 11 |
| port facilities or any part thereof; may bear any date or | 12 |
| dates; may mature at any time or times not exceeding 40 years | 13 |
| from their respective dates; may bear interest at any rate or | 14 |
| rates payable semiannually; may be in any form; may carry any | 15 |
| registration privileges; may be executed in any manner; may be | 16 |
| payable at any place or places; may be made subject to | 17 |
| redemption in any manner and upon any terms, with or without | 18 |
| premium that is stated on the face thereof; may be | 19 |
| authenticated in any manner; and may contain any terms and | 20 |
| covenants as may be provided in the ordinance. The holder or | 21 |
| holders of any bonds, notes, certificates, or interest coupons | 22 |
| appertaining to the bonds, notes, and certificates issued by | 23 |
| the District may bring civil actions to compel the performance | 24 |
| and observance by the District or any of its officers, agents, | 25 |
| or employees of any contract or covenant made by the District | 26 |
| with the holders of those bonds, notes, certificates, or |
|
|
|
SB1784 Enrolled |
- 22 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| interest coupons and to compel the District and any of its | 2 |
| officers, agents, or employees to perform any duties required | 3 |
| to be performed for the benefit of the holders of any bonds, | 4 |
| notes, certificates, or interest coupons by the provision in | 5 |
| the ordinance authorizing their issuance, and to enjoin the | 6 |
| District and any of its officers, agents, or employees from | 7 |
| taking any action in conflict with any such contract or | 8 |
| covenant, including the establishment of charges, fees, and | 9 |
| rates for the use of facilities as provided in this Act. | 10 |
| Notwithstanding the form and tenor of any bonds, notes, or | 11 |
| certificates and in the absence of any express recital on the | 12 |
| face thereof that it is nonnegotiable, all bonds, notes, and | 13 |
| certificates shall be negotiable instruments. Pending the | 14 |
| preparation and execution of any bonds, notes, or certificates, | 15 |
| temporary bonds, notes, or certificates may be issued with or | 16 |
| without interest coupons as may be provided by ordinance. | 17 |
| (c) The bonds, notes, or certificates shall be sold by the | 18 |
| corporate authorities of the District in any manner that the | 19 |
| corporate authorities shall determine, except that if issued to | 20 |
| bear interest at the minimum rate permitted by the Bond | 21 |
| Authorization Act, the bonds shall be sold for not less than | 22 |
| par and accrued interest and except that the selling price of | 23 |
| bonds bearing interest at a rate less than the maximum rate | 24 |
| permitted in that Act shall be such that the interest cost to | 25 |
| the District of the money received from the bond sale shall not | 26 |
| exceed such maximum rate annually computed to absolute maturity |
|
|
|
SB1784 Enrolled |
- 23 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| of said bonds or certificates according to standard tables of | 2 |
| bond values. | 3 |
| (d) From and after the issue of any bonds, notes, or | 4 |
| certificates as provided in this Section, it shall be the duty | 5 |
| of the corporate authorities of the District to fix and | 6 |
| establish rates, charges, and fees for the use of facilities | 7 |
| acquired, constructed, reconstructed, extended, or improved | 8 |
| with the proceeds derived from the sale of the bonds, notes, or | 9 |
| certificates sufficient at all times with other revenues of the | 10 |
| District, if any, to pay (i) the cost of maintaining, | 11 |
| repairing, regulating, and operating the facilities and (ii) | 12 |
| the bonds, notes, or certificates and interest thereon as they | 13 |
| shall become due, all sinking fund requirements, and all other | 14 |
| requirements provided by the ordinance authorizing the | 15 |
| issuance of the bonds, notes, or certificates or as provided by | 16 |
| any trust agreement executed to secure payment thereof. To | 17 |
| secure the payment of any or all of bonds, notes, or | 18 |
| certificates and for the purpose of setting forth the covenants | 19 |
| and undertaking of the District in connection with the issuance | 20 |
| of those bonds, notes, or certificates and the issuance of any | 21 |
| additional bonds, notes, or certificates payable from revenue | 22 |
| income to be derived from the terminals, terminal facilities, | 23 |
| intermodal facilities, and port facilities the District may | 24 |
| execute and deliver a trust agreement or agreements. A lien | 25 |
| upon any physical property of the District may be created by | 26 |
| the trust agreement. A remedy for any breach or default of the |
|
|
|
SB1784 Enrolled |
- 24 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| terms of any trust agreement by the District may be by mandamus | 2 |
| proceedings in the circuit court to compel performance and | 3 |
| compliance with the agreement, but the trust agreement may | 4 |
| prescribe by whom or on whose behalf the action may be | 5 |
| instituted. | 6 |
| Section 18. Bonds not obligations of the State or District. | 7 |
| Under no circumstances shall any bonds, notes, or certificates | 8 |
| issued by the District or any other obligation of the District | 9 |
| be or become an indebtedness or obligation of the State or of | 10 |
| any other political subdivision of or municipality within the | 11 |
| State, nor shall any bond, note, certificate, or obligation be | 12 |
| or become an indebtedness of the District within the purview of | 13 |
| any constitutional limitation or provision. It shall be plainly | 14 |
| stated on the face of each bond, note, and certificate that it | 15 |
| does not constitute an indebtedness or obligation but is | 16 |
| payable solely from the revenues or income of the District. | 17 |
| Section 19. Revenue bonds as legal investments. The State | 18 |
| and all counties, municipalities, villages, incorporated towns | 19 |
| and other municipal corporations, political subdivisions, | 20 |
| public bodies, and public officers of any thereof; all banks, | 21 |
| bankers, trust companies, savings banks and institutions, | 22 |
| building and loan associations, savings and loan associations, | 23 |
| investment companies, and other persons carrying on a banking | 24 |
| business; all insurance companies, insurance associations, and |
|
|
|
SB1784 Enrolled |
- 25 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| other persons carrying on an insurance business; and all | 2 |
| executors, administrators, guardians, trustees, and their | 3 |
| fiduciaries may legally invest any sinking funds, moneys, or | 4 |
| other funds belonging to them or within their control in any | 5 |
| bonds, notes, or certificates issued under this Act. It is the | 6 |
| purpose of this Section to authorize the investment in bonds, | 7 |
| notes, or certificates of all sinking, insurance, retirement, | 8 |
| compensation, pension, and trust funds, whether owned or | 9 |
| controlled by private or public persons or officers; provided, | 10 |
| however, that nothing contained in this Section may be | 11 |
| construed as relieving any person from any duty of exercising | 12 |
| reasonable care in selecting securities for purchase or | 13 |
| investment. | 14 |
| Section 20. Permits. It shall be unlawful to make any fill | 15 |
| or deposit of rock, earth, sand, or other material, or any | 16 |
| refuse matter of any kind or description, or build or commence | 17 |
| the building of any wharf, pier, dolphin, boom, weir, | 18 |
| breakwater, bulkhead, jetty, bridge, or other structure over, | 19 |
| under, in, or within 40 feet of any navigable waters within the | 20 |
| District without first submitting the plans, profiles, and | 21 |
| specifications for it, and any other data and information that | 22 |
| may be required, to the District and receiving a permit. Any | 23 |
| person, corporation, company, municipality, or other agency | 24 |
| that does any of the things prohibited in this Section without | 25 |
| securing a permit is guilty of a Class A misdemeanor. Any |
|
|
|
SB1784 Enrolled |
- 26 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| structure, fill, or deposit erected or made in any of the | 2 |
| public bodies of water within the District in violation of the | 3 |
| provisions of this Section is declared to be a purpresture and | 4 |
| may be abated as such at the expense of the person, | 5 |
| corporation, company, city, municipality, or other agency | 6 |
| responsible for it. If in the discretion of the District it is | 7 |
| decided that the structure, fill, or deposit may remain, the | 8 |
| District may fix any rule, regulation, requirement, | 9 |
| restrictions, or rentals or require and compel any changes, | 10 |
| modifications, and repairs that shall be necessary to protect | 11 |
| the interest of the District. | 12 |
| Section 21. Board of Commissioners. The governing and | 13 |
| administrative body of the Port District shall be a Board of | 14 |
| Commissioners consisting of 5 members, to be known as the Upper | 15 |
| Mississippi River International Port District Board. All | 16 |
| members of the Board shall be residents of the District and | 17 |
| shall be known as Commissioners of the Upper Mississippi River | 18 |
| International Port District Board. The members of the Board may | 19 |
| serve with compensation not to exceed $6,000 per year and shall | 20 |
| be reimbursed for actual expenses incurred by them in the | 21 |
| performance of their duties. No Commissioner of the Board shall | 22 |
| have any private financial interest, profit or benefit in any | 23 |
| contract, work or business of the District nor in the sale or | 24 |
| lease of any property to or from the District, except to the | 25 |
| extent allowed under The Public Officer Prohibited Activities |
|
|
|
SB1784 Enrolled |
- 27 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Act. | 2 |
| Section 22. Appointment of Board. The Governor shall | 3 |
| appoint one member of the Board and the County Board Chairs of | 4 |
| Jo Daviess and Carroll Counties shall each appoint 2 members of | 5 |
| the Board. Of the 4 members appointed by the County Board | 6 |
| Chairs, no more than 2 shall be associated with the same | 7 |
| political party. All initial appointments shall be made within | 8 |
| 60 days after this Act takes effect. The one member appointed | 9 |
| by the Governor shall be appointed for an initial term expiring | 10 |
| June 1, 2012. Of the terms of the members initially appointed | 11 |
| by the County Board Chairs, 2 shall expire June 1, 2011 and 2 | 12 |
| shall expire June 1, 2012. At the expiration of the term of any | 13 |
| member, his or her successor shall be appointed by the Governor | 14 |
| or the County Board Chairs in like manner and with like regard | 15 |
| to place of residence of the appointee, as in the case of | 16 |
| appointments for the initial terms. | 17 |
| After the expiration of initial terms, each successor shall | 18 |
| hold office for a term of 3 years from the first day of June of | 19 |
| the year in which the term of office commences. In the case of | 20 |
| a vacancy during the term of office of any member appointed by | 21 |
| the Governor, the Governor shall make an appointment for the | 22 |
| remainder of the term vacant and until a successor is appointed | 23 |
| and qualified. In case of a vacancy during the term of office | 24 |
| of any member appointed by a County Board Chair, the proper | 25 |
| County Board Chair shall make an appointment for the remainder |
|
|
|
SB1784 Enrolled |
- 28 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| of the term vacant and until a successor is appointed and | 2 |
| qualified. The Governor and each County Board Chair shall | 3 |
| certify their respective appointments to the Secretary of | 4 |
| State. Within 30 days after certification of his or her | 5 |
| appointment, and before entering upon the duties of his or her | 6 |
| office, each member of the Board shall take and subscribe the | 7 |
| constitutional oath of office and file it in the office of the | 8 |
| Secretary of State.
| 9 |
| Section 23. Removal of Board members; vacancies. Members of | 10 |
| the Board shall hold office until their respective successors | 11 |
| have been appointed and qualified. Any member may resign from | 12 |
| his or her office to take effect when his or her successor has | 13 |
| been appointed and has qualified. The Governor and each County | 14 |
| Board Chair may remove any member of the Board they have | 15 |
| appointed in case of incompetency, neglect of duty, or | 16 |
| malfeasance in office. They shall give such member a copy of | 17 |
| the charges against him or her and an opportunity to be | 18 |
| publicly heard in person or by counsel in his or her own | 19 |
| defense upon not less than 10 days' notice. In case of failure | 20 |
| to qualify within the time required, or of abandonment of his | 21 |
| or her office, or in case of death, conviction of a felony or | 22 |
| removal from office, the office of such member shall become | 23 |
| vacant. Each vacancy shall be filled for the unexpired term by | 24 |
| appointment in like manner as in case of expiration of the term | 25 |
| of a member of the Board. |
|
|
|
SB1784 Enrolled |
- 29 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 24. Organization of Board. As soon as possible | 2 |
| after the appointment of the initial members, the Board shall | 3 |
| organize for the transaction of business, select a chairperson | 4 |
| and a temporary secretary from its own number, and adopt bylaws | 5 |
| and regulations to govern its proceedings. The initial | 6 |
| chairperson and successors shall be elected by the Board from | 7 |
| time to time for a term of office as provided in the District | 8 |
| bylaws. However, such term of office shall not exceed his or | 9 |
| her term of office as a member of the Board. | 10 |
| Section 25. Board meetings. Regular meetings of the Board | 11 |
| shall be held at least once in each calendar month, the time | 12 |
| and place of such meetings to be fixed by the Board. Three | 13 |
| members of the Board shall constitute a quorum for the | 14 |
| transaction of business. All action of the Board shall be by | 15 |
| ordinance or resolution and the affirmative vote of at least 3 | 16 |
| members 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 chair of the Board, and if the | 19 |
| chair approves, the chair shall sign the same, and if the chair | 20 |
| does not approve the chair shall return to the Board with his | 21 |
| or her objections in writing at the next regular meeting of the | 22 |
| Board occurring after passage. But in the case the chair fails | 23 |
| to return any ordinance or resolution with the objections | 24 |
| within the prescribed time, he or she shall be deemed to have |
|
|
|
SB1784 Enrolled |
- 30 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| approved the ordinance or resolution and it shall take effect | 2 |
| accordingly. Upon the return of any ordinance or resolution by | 3 |
| the chair with objections, the vote shall be reconsidered by | 4 |
| the Board, and if, upon such reconsideration of the ordinance | 5 |
| or resolution, it is passed by the affirmative vote of at least | 6 |
| 4 members, it shall go into effect notwithstanding the veto of | 7 |
| the chair. All ordinances, resolutions and all proceedings of | 8 |
| the District and all documents and records in its possession | 9 |
| shall be public records, and open to public inspection, except | 10 |
| such documents and records as are kept or prepared by the Board | 11 |
| for use in negotiations, legal actions or proceedings to which | 12 |
| the District is a party. | 13 |
| Section 26. Secretary and treasurer. The Board shall | 14 |
| appoint a secretary and a treasurer, who need not be members of | 15 |
| the Board, to hold office during the pleasure of the Board, and | 16 |
| fix their duties and compensation. The secretary and treasurer | 17 |
| shall be residents of the District. Before entering upon the | 18 |
| duties of their respective offices they shall take and | 19 |
| subscribe the constitutional oath of office, and the treasurer | 20 |
| shall execute a bond with corporate sureties to be approved by | 21 |
| the Board. The bond shall be payable to the District in | 22 |
| whatever penal sum may be directed by the Board conditioned | 23 |
| upon the faithful performance of the duties of the office and | 24 |
| the payment of all money received by him or her according to | 25 |
| law and the orders of the Board. The Board may, at any time, |
|
|
|
SB1784 Enrolled |
- 31 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| require a new bond from the treasurer in such penal sum as may | 2 |
| then be determined by the Board. The obligation of the sureties | 3 |
| shall not extend to any loss sustained by the insolvency, | 4 |
| failure or closing of any savings and loan association or | 5 |
| federal or State bank wherein the treasurer has deposited funds | 6 |
| if the bank or savings and loan association has been approved | 7 |
| by the Board as a depositary for these funds. The oaths of | 8 |
| office and the treasurer's bond shall be filed in the principal | 9 |
| office of the District.
| 10 |
| Section 27. Deposits. All funds deposited by the treasurer | 11 |
| in any bank or savings and loan association shall be placed in | 12 |
| the name of the District and shall be withdrawn or paid out | 13 |
| only by check or draft upon the bank or savings and loan | 14 |
| association, signed by the treasurer and countersigned by the | 15 |
| chair of the Board. Subject to prior approval of such | 16 |
| designations by a majority of the Board, the chair may | 17 |
| designate any other Board member or any officer of the District | 18 |
| to affix the signature of the chair and the treasurer may | 19 |
| designate any other officer of the District to affix the | 20 |
| signature of the treasurer to any check or draft for payment of | 21 |
| salaries or wages and for payment of any other obligation of | 22 |
| not more than $2,500.00. | 23 |
| No bank or savings and loan association shall receive | 24 |
| public funds as permitted by this Section, unless it has | 25 |
| complied with the requirements established pursuant to Section |
|
|
|
SB1784 Enrolled |
- 32 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| 6 of The Public Funds Investment Act. | 2 |
| Section 28. Valid; checks and drafts. In case any officer | 3 |
| whose signature appears upon any check or draft issued pursuant | 4 |
| to this Act, ceases to hold his or her office before the | 5 |
| delivery thereof to the payee, his or her signature | 6 |
| nevertheless shall be valid and sufficient for all purposes | 7 |
| with the same effect as if he had remained in office until | 8 |
| delivery thereof. | 9 |
| Section 29. Executive director. The Board may appoint an | 10 |
| Executive Director who shall be a person of recognized ability | 11 |
| and business experience to hold office during the pleasure of | 12 |
| the Board. The Executive Director shall have management of the | 13 |
| properties and business of the District and the employees | 14 |
| thereof subject to the general control of the Board, shall | 15 |
| direct the enforcement of all ordinances, resolutions, rules | 16 |
| and regulations of the Board, and shall perform such other | 17 |
| duties as may be prescribed from time to time by the Board. The | 18 |
| Board may appoint a general attorney, a chief engineer, and a | 19 |
| general manager to assist the Executive Director, and shall | 20 |
| provide for the appointment of other officers, and the | 21 |
| employment of additional attorneys, engineers, consultants, | 22 |
| agents and employees as may be necessary. It shall define their | 23 |
| duties and may require bonds of such of them as the Board may | 24 |
| designate. The Executive Director, General Manager, General |
|
|
|
SB1784 Enrolled |
- 33 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Attorney, Chief Engineer, and all other officers provided for | 2 |
| pursuant to this Section shall be exempt from taking and | 3 |
| subscribing any oath of office and shall not be members of the | 4 |
| Board. The compensation of the Executive Director, General | 5 |
| Manager, General Attorney, Chief Engineer, and all other | 6 |
| officers, attorneys, consultants, agents and employees shall | 7 |
| be fixed by the Board. | 8 |
| Section 30. Ordinances. The Board has power to pass all | 9 |
| ordinances and make all rules and regulations proper or | 10 |
| necessary, and to carry into effect the powers granted to the | 11 |
| District, with such fines or penalties as may be deemed proper. | 12 |
| All fines and penalties shall be imposed by ordinances, which | 13 |
| shall be published in a newspaper of general circulation | 14 |
| published in the area embraced by the District. No such | 15 |
| ordinance shall take effect until 10 days after its | 16 |
| publication. | 17 |
| Section 31. Financial statement. Within 60 days after the | 18 |
| end of each fiscal year, the Board shall prepare and print a | 19 |
| complete and detailed report and financial statement of the | 20 |
| operations and assets and liabilities of the Port District. A | 21 |
| reasonably sufficient number of copies of such report shall be | 22 |
| printed for distribution to persons interested, upon request, | 23 |
| and a copy shall be filed with the Governor and the County | 24 |
| Clerk and the County Board Chair of Jo Daviess and Carroll |
|
|
|
SB1784 Enrolled |
- 34 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Counties. | 2 |
| Section 32. Investigations by the Board. The Board may | 3 |
| investigate conditions in which it has an interest within the | 4 |
| area of the District; the enforcement of its ordinances, rules, | 5 |
| and regulations; and the action, conduct, and efficiency of all | 6 |
| officers, agents, and employees of the District. In the conduct | 7 |
| of investigations the Board may hold public hearings on its own | 8 |
| motion and shall do so on complaint of any municipality within | 9 |
| the District. Each member of the Board shall have power to | 10 |
| administer oaths and the secretary, by order of the Board, | 11 |
| shall issue subpoenas to secure the attendance and testimony of | 12 |
| witnesses and the production of books and papers relevant to | 13 |
| investigations and to any hearing before the Board or any | 14 |
| member of the Board. | 15 |
| Any circuit court of this State, upon application of the | 16 |
| Board or any member of the Board, may in its discretion compel | 17 |
| the attendance of witnesses, the production of books and | 18 |
| papers, and giving of testimony before the Board, before any | 19 |
| member of the Board, or before any officers' committee | 20 |
| appointed by the Board by attachment for contempt or otherwise | 21 |
| in the same manner as the production of evidence may be | 22 |
| compelled before the court.
| 23 |
| Section 33. Final review of administrative decisions. All | 24 |
| final administrative decisions of the Board hereunder shall be |
|
|
|
SB1784 Enrolled |
- 35 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| subject to judicial review pursuant to the provisions of the | 2 |
| Administrative Review Law, and all amendments and | 3 |
| modifications thereof, and the rules adopted pursuant thereto. | 4 |
| The term "administrative decision" is defined as in Section | 5 |
| 3-101 of the Code of Civil Procedure. | 6 |
| Section 34. Non-applicability. The provisions of this Act | 7 |
| shall not be considered as impairing, altering, modifying, | 8 |
| repealing or superseding any of the jurisdiction or powers of | 9 |
| the Illinois Commerce Commission or of the Department of | 10 |
| Natural Resources under the Rivers, Lakes, and Streams Act. | 11 |
| Nothing in this Act or done under its authority shall apply to, | 12 |
| restrict, limit or interfere with the use of any terminal | 13 |
| facility or port facility owned or operated by any private | 14 |
| person for the storage or handling or transfer of any commodity | 15 |
| moving in interstate commerce or the use of the land and | 16 |
| facilities of a common carrier or other public utility and the | 17 |
| space above such land and facilities in the business of such | 18 |
| common carrier or other public utility, without approval of the | 19 |
| Illinois Commerce Commission and without the payment of just | 20 |
| compensation to any such common carrier or other public utility | 21 |
| for damages resulting from any such restriction, limitation or | 22 |
| interference. | 23 |
| Section 35. Annexation. Territory that is contiguous to the | 24 |
| District and that is not included within any other port |
|
|
|
SB1784 Enrolled |
- 36 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| district may be annexed to and become a part of the District in | 2 |
| the manner provided in Section 36 or 37, whichever is | 3 |
| applicable. | 4 |
| Section 36. Petition for annexation. At least 5% of the | 5 |
| legal voters residing within the limits of the proposed | 6 |
| addition to the District shall petition the circuit court for a | 7 |
| county in which a major part of the District is situated, to | 8 |
| cause the question of whether the proposed additional territory | 9 |
| shall become a part of the District to be submitted to the | 10 |
| legal voters of the proposed additional territory. The petition | 11 |
| shall be addressed to the court and shall contain a definite | 12 |
| description of the boundaries of the territory to be embraced | 13 |
| in the proposed addition. | 14 |
| Upon the filing of any petition with the clerk of the | 15 |
| court, the court shall fix a time and place for a hearing upon | 16 |
| the subject of the petition. | 17 |
| Notice shall be given by the court to whom the petition is | 18 |
| addressed or by the circuit court clerk or sheriff of the | 19 |
| county in which the petition is made at the order and direction | 20 |
| of the court of the time and place of the hearing upon the | 21 |
| subject of the petition at least 20 days before the hearing by | 22 |
| at least one publication of the notice in any newspaper having | 23 |
| general circulation within the area proposed to be annexed, and | 24 |
| by mailing a copy of the notice to the mayor or president of | 25 |
| the board of trustees of all cities, villages, and incorporated |
|
|
|
SB1784 Enrolled |
- 37 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| towns within the District. | 2 |
| At the hearing, the District, all persons residing or | 3 |
| owning property within the District, and all persons residing | 4 |
| in or owning property situated in the area proposed to be | 5 |
| annexed to the District may appear and be heard touching upon | 6 |
| the sufficiency of the petition. If the court finds that the | 7 |
| petition does not comply with the requirements of the law, the | 8 |
| court shall dismiss the petition. If the court finds that the | 9 |
| petition is sufficient, the court shall certify the petition | 10 |
| and the proposition to the proper election officials who shall | 11 |
| submit the proposition to the voters at an election under the | 12 |
| general election law. In addition to the requirements of the | 13 |
| general election law, the notice of the referendum shall | 14 |
| include a description of the area proposed to be annexed to the | 15 |
| District. The proposition shall be in substantially the | 16 |
| following form: | 17 |
| Shall (description of the territory proposed to be | 18 |
| annexed) join the Upper Mississippi River | 19 |
| International Port District? | 20 |
| The votes shall be recorded as "Yes" or "No". | 21 |
| The court shall cause a statement of the result of the | 22 |
| referendum to be filed in the records of the court. | 23 |
| If a majority of the votes cast upon the question of | 24 |
| annexation to the District are in favor of becoming a part of | 25 |
| the District, the court shall then enter an order stating that | 26 |
| the additional territory shall thenceforth be an integral part |
|
|
|
SB1784 Enrolled |
- 38 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| of the Upper Mississippi River International Port District and | 2 |
| subject to all of the benefits of service and responsibilities | 3 |
| of the District. The circuit clerk shall transmit a certified | 4 |
| copy of the order to the circuit clerk of any other county in | 5 |
| which any of the territory affected is situated.
| 6 |
| Section 37. Annexation of territory having no legal voters. | 7 |
| If there is territory contiguous to the District that has no | 8 |
| legal voters residing within it, a petition to annex the | 9 |
| territory signed by all the owners of record of the territory | 10 |
| may be filed with the circuit court for the county in which a | 11 |
| major part of the District is situated. A time and place for a | 12 |
| hearing on the subject of the petition shall be fixed and | 13 |
| notice of the hearing shall be given in the manner provided in | 14 |
| Section 36. At the hearing any owner of land in the territory | 15 |
| proposed to be annexed, the District, and any resident of the | 16 |
| District may appear and be heard touching on the sufficiency of | 17 |
| the petition. If the court finds that the petition satisfies | 18 |
| the requirements of this Section, it shall enter an order | 19 |
| stating that thenceforth the territory shall be an integral | 20 |
| part of the Upper Mississippi River International Port District | 21 |
| and subject to all of the benefits of service and | 22 |
| responsibilities of the District. The circuit clerk shall | 23 |
| transmit a certified copy of the order of the court to the | 24 |
| circuit clerk of any other county in which the annexed | 25 |
| territory is situated. |
|
|
|
SB1784 Enrolled |
- 39 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 38. Disconnection. The registered voters of a | 2 |
| county included in the District may petition the State Board of | 3 |
| Elections requesting the submission of the question of whether | 4 |
| the county should be disconnected from the District to the | 5 |
| electors of the county. The petition shall be circulated in the | 6 |
| manner required by Section 28-3 of the Election Code and | 7 |
| objections thereto and the manner of their disposition shall be | 8 |
| in accordance with Section 28-4 of the Election Code. If a | 9 |
| petition is filed with the State Board of Elections, signed by | 10 |
| not less than 5% of the registered voters of the county or that | 11 |
| portion of the county that is within the District, requesting | 12 |
| that the question of disconnection be submitted to the electors | 13 |
| of the county, the State Board of Elections must certify the | 14 |
| question to the proper election authority, which must submit | 15 |
| the question at a regular election held at least 78 days after | 16 |
| the petition is filed in accordance with the Election Code. | 17 |
| The question must be submitted in substantially the | 18 |
| following form: | 19 |
| Shall (name of county) be disconnected from the
| 20 |
| Upper Mississippi River International Port District?
| 21 |
| The votes must be recorded as "Yes" or "No". If a majority of | 22 |
| the electors voting on the question vote in the affirmative, | 23 |
| the county or portion of the county that is within the District | 24 |
| shall be disconnected from the District. |
|
|
|
SB1784 Enrolled |
- 40 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 39. Severability. If any provision of this Act or | 2 |
| its application to any person or circumstance is held invalid, | 3 |
| the invalidity of that provision or application does not affect | 4 |
| other provisions or applications of this Act that can be given | 5 |
| effect without the invalid provision or application. | 6 |
| Section 40. Interference with private facilities. The | 7 |
| provisions of this Act shall not be considered as impairing, | 8 |
| altering, modifying, repealing, or superseding any of the | 9 |
| jurisdiction or powers of the Illinois Commerce Commission or | 10 |
| of the Department of Natural Resources under the Rivers, Lakes, | 11 |
| and Streams Act. Nothing in this Act or done under its | 12 |
| authority shall apply to, restrict, limit, or interfere with | 13 |
| the use of any terminal, terminal facility, intermodal | 14 |
| facility, or port facility owned or operated by any private | 15 |
| person for the storage or handling or transfer of any commodity | 16 |
| moving in interstate commerce or the use of the land and | 17 |
| facilities of a common carrier or other public utility and the | 18 |
| space above that land and those facilities or the right to use | 19 |
| that land and those facilities in the business of any common | 20 |
| carrier or other public utility, without approval of the | 21 |
| Illinois Commerce Commission and without the payment of just | 22 |
| compensation to any common carrier or other public utility for | 23 |
| damages resulting from any restriction, limitation, or | 24 |
| interference. |
|
|
|
SB1784 Enrolled |
- 41 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| Section 41. Non-applicability of conflicting provisions of | 2 |
| the Illinois Municipal Code. The provisions of the Illinois | 3 |
| Municipal Code shall not be effective within the area of the | 4 |
| District insofar as the provisions of that Act conflict with | 5 |
| the provisions of this Act or grant substantially the same | 6 |
| powers to any municipal corporation that are granted to the | 7 |
| District by this Act. | 8 |
| Section 42. Authority to create and operate a utility | 9 |
| district. The Upper Mississippi River International Port | 10 |
| District shall have the authority to create and operate a | 11 |
| utility district within the boundaries of the District | 12 |
| providing that municipal utilities or annexation into a | 13 |
| municipality utility district is not possible. The Port | 14 |
| District shall have all responsibility and authority to provide | 15 |
| and maintain water, sewer, gas lines, surface water drainage, | 16 |
| roads, and rail infrastructures. The Port District shall also | 17 |
| have the responsibility and authority to provide private | 18 |
| utilities including electrical power, steam power, natural | 19 |
| gas, telecommunications and data networking systems. | 20 |
| The Port District may, after referendum approval, levy a | 21 |
| tax for the purpose of financing and maintaining utility and | 22 |
| infrastructure costs of the District annually at the rate | 23 |
| approved by referendum. This tax shall not exceed 0.05% of the | 24 |
| value of all taxable property within the Port District as | 25 |
| equalized or assessed by the Department of Revenue. |
|
|
|
SB1784 Enrolled |
- 42 - |
LRB096 11145 RLJ 21514 b |
|
| 1 |
| The tax may not be levied until the question of levying the | 2 |
| tax has been submitted to the electors of the Port District at | 3 |
| a regular election and approved by the majority of the electors | 4 |
| voting on the question. The board must certify the question to | 5 |
| the proper election authority, which must submit the question | 6 |
| at an election in accordance with the Election Code. | 7 |
| The election authority must submit the question in | 8 |
| substantially the following form:
| 9 |
| Shall the Upper Mississippi River International Port | 10 |
| District be authorized to levy a tax at a rate not to | 11 |
| exceed 0.05% of the value of all taxable property within | 12 |
| the Port District as equalized or assessed by the | 13 |
| Department of Revenue for the purpose of financing and | 14 |
| maintaining utility and infrastructure costs of the | 15 |
| District? | 16 |
| The election authority must record the votes as "Yes" or "No". | 17 |
| If a majority of the electors voting on the question vote in | 18 |
| the affirmative, the Port District may levy the tax. | 19 |
| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law. |
|