Full Text of SB0374 99th General Assembly
SB0374enr 99TH 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 5. The Township Code is amended by changing Section | 5 | | 85-30 as follows:
| 6 | | (60 ILCS 1/85-30)
| 7 | | Sec. 85-30. Purchases; bids. Any purchase by a township
for | 8 | | services, materials, equipment, or supplies in excess of | 9 | | $20,000 (other than
professional services) shall be contracted | 10 | | for in one of the following
ways:
| 11 | | (1) By a contract let to the lowest responsible bidder | 12 | | after advertising
for bids at least once (i) in a newspaper | 13 | | published within the township,
or (ii) if no newspaper is | 14 | | published within the township, then in one published
within | 15 | | the county, or (iii) if no newspaper is published within | 16 | | the county,
then in a newspaper having general circulation | 17 | | within the township.
| 18 | | (2) By a contract let without advertising for bids in | 19 | | the case of an
emergency if authorized by the township | 20 | | board.
| 21 | | (3) By a contract let without advertising for bids for | 22 | | the purchase of equipment manufactured by a single source | 23 | | if authorized by a majority vote of 4 of the 5 members of |
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| 1 | | the township board then holding office and the adoption of | 2 | | a resolution to that effect. | 3 | | This Section does not apply to contracts by a township with | 4 | | the federal
government.
| 5 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 6 | | Section 10. The Kaskaskia Regional Port District Act is | 7 | | amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as | 8 | | follows:
| 9 | | (70 ILCS 1830/1.1)
| 10 | | Sec. 1.1. Purpose. The General Assembly declares that the | 11 | | main purpose of
this
Act is to
promote industrial, commercial, | 12 | | transportation, homeland security, recreation, water supply, | 13 | | flood control, and economic activities
thereby reducing
the | 14 | | evils attendant upon unemployment and enhancing the public | 15 | | health , safety, and
welfare of
this State.
| 16 | | (Source: P.A. 90-785, eff. 1-1-99.)
| 17 | | (70 ILCS 1830/3) (from Ch. 19, par. 503)
| 18 | | Sec. 3.
There is created a political subdivision body | 19 | | politic and
municipal corporation, named "Kaskaskia Regional | 20 | | Port District"
embracing all of Monroe and Randolph Counties | 21 | | and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, | 22 | | Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and | 23 | | Lenzburg Townships of St. Clair County. The
Port District may |
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| 1 | | sue and be sued in its corporate name but execution
shall not | 2 | | in any case issue against any property owned by the Port
| 3 | | District except for Port District property that the Port | 4 | | District pledged as collateral to a bank or other financial | 5 | | institution to secure a bank loan . It may adopt a common seal | 6 | | and change the same at pleasure.
The principal office of the | 7 | | Port District shall be in the city of Red Bud
Chester , | 8 | | Illinois.
| 9 | | No rights, duties or privileges of such District, or those | 10 | | of any
person, existing before the change of name shall be | 11 | | affected by the
change provided by this amendatory Act of 1967. | 12 | | All proceedings pending
in any court in favor of or against | 13 | | such District may continue to final
consummation under the name | 14 | | in which they were commenced.
| 15 | | (Source: P.A. 80-1495.)
| 16 | | (70 ILCS 1830/6) (from Ch. 19, par. 506)
| 17 | | Sec. 6. The Port District has the following functions, | 18 | | powers and duties:
| 19 | | (a) to study the existing harbor facilities within the area | 20 | | of the Port
District and to recommend to an appropriate | 21 | | governmental agency, including
the General Assembly of | 22 | | Illinois, such changes and modifications as may
from time to | 23 | | time be required for continuing development therein and to
meet | 24 | | changing business and commercial needs;
| 25 | | (b) to make an investigation of conditions within the Port |
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| 1 | | District and to
prepare and adopt a comprehensive plan for the | 2 | | development of port
facilities for the Port District. In | 3 | | preparing and recommending changes and
modifications in | 4 | | existing harbor facilities, or a comprehensive plan for
the | 5 | | development of such port facilities, as above provided, the | 6 | | Port
District if it deems desirable may set aside and allocate | 7 | | an area or areas,
within the lands owned by it, to be leased to | 8 | | private parties for
industrial, manufacturing, commercial, or | 9 | | harbor purposes, where such area
or areas in the opinion of the | 10 | | Board, are not required for primary purposes
in the development | 11 | | of harbor and port facilities for the use of public
water and | 12 | | land transportation, or will not be needed immediately for such
| 13 | | purposes, and where such leasing in the opinion of the Board | 14 | | will aid and
promote the development of terminal and port | 15 | | facilities;
| 16 | | (c) to study and make recommendations to the proper | 17 | | authority for the
improvement of terminal, lighterage, | 18 | | wharfage, warehousing, anchorage,
transfer and other | 19 | | facilities necessary for the promotion of commerce and
the | 20 | | interchange of traffic within, to and from the Port District;
| 21 | | (d) to study, prepare and recommend by specific proposals | 22 | | to the General
Assembly of Illinois changes in the jurisdiction | 23 | | of the Port District;
| 24 | | (e) to petition any federal, state, municipal or local | 25 | | authority,
administrative, judicial and legislative, having | 26 | | jurisdiction in the
premises, for the adoption and execution of |
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| 1 | | any physical improvement,
change in method, system of handling | 2 | | freight, warehousing, docking,
lightering and transfer of | 3 | | freight, which in the opinion of the Board are
designed to | 4 | | improve or better the handling of commerce in and through the
| 5 | | Port District or improve terminal or transportation facilities | 6 | | therein ; and .
| 7 | | (f) to petition any federal, state, or local authority, | 8 | | including administrative, judicial, and legislative branches, | 9 | | having jurisdiction for the adoption and execution of any | 10 | | physical improvement or operation related to the management of | 11 | | fish and wildlife, recreation, water supply, or flood control | 12 | | which in the opinion of the Board is for the purpose of | 13 | | improving or bettering the quality of life in the Port District | 14 | | or add to the diversity of amenities related to that purpose. | 15 | | (Source: Laws 1965, p. 1013.)
| 16 | | (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
| 17 | | Sec. 7.1. Additional rights and powers.
The Port District | 18 | | has the following additional rights and powers:
| 19 | | (a) To issue permits for the construction of all wharves, | 20 | | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | 21 | | jetties, bridges or other
structures of any kind, over, under, | 22 | | in, or within 40 feet of any navigable
waters within the Port | 23 | | District, for the deposit of rock, earth, sand or
other | 24 | | material, or any matter of any kind or description in such | 25 | | waters;
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| 1 | | (b) To prevent and remove obstructions in navigable waters, | 2 | | including
the removal of wrecks or vessels; to recover damages, | 3 | | including attorney fees, for the removal and clean-up of the | 4 | | site or sites and the surrounding or downstream environment; | 5 | | these rights and powers shall include, but are not limited to, | 6 | | emergency powers to seize wrecks or vessels, remediate damages, | 7 | | and provide for the disposition of the wrecks or vessels ;
| 8 | | (c) To locate and establish dock lines and shore or harbor | 9 | | lines;
| 10 | | (d) To regulate the anchorage, moorage and speed of water | 11 | | borne vessels
and to establish and enforce regulations for the | 12 | | operation of bridges;
| 13 | | (e) To acquire, own, construct, lease, operate and maintain | 14 | | terminals,
terminal facilities, port facilities, | 15 | | transportation equipment facilities,
railroads and marinas, | 16 | | and airport facilities
and systems, and to fix and collect | 17 | | just, reasonable, and
non-discriminatory charges for use of | 18 | | such facilities, equipment and
systems. The charges so | 19 | | collected shall be used to defray the reasonable
expenses of | 20 | | the Port District, and to pay the principal of and interest on
| 21 | | any revenue bonds issued by the Port District;
| 22 | | (f) To operate, maintain, manage, lease, sub-lease, and to | 23 | | make and
enter into contracts for the use, operation or | 24 | | management of, and to
provide rules and regulations for, the | 25 | | operation, management or use of, any
public port or public port | 26 | | facility;
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| 1 | | (g) To fix, charge and collect reasonable rentals, tolls, | 2 | | fees and
charges for the use of any public port, or any part | 3 | | thereof, or any public
port facility;
| 4 | | (h) To establish, maintain, expand and improve roadways, | 5 | | railroads, and
approaches by land, or water, to any such | 6 | | terminal, terminal facility and
port facilities, and to | 7 | | contract or otherwise provide by condemnation, if
necessary, | 8 | | for the removal of any port, terminal, terminal facilities and
| 9 | | port facility hazards or the removal or relocation of all | 10 | | private
structures, railroads, mains, pipes, conduits, wires, | 11 | | poles, and all other
facilities and equipment which may | 12 | | interfere with the location, expansion,
development or | 13 | | improvement of ports, terminals, terminal facilities and
port | 14 | | facilities or with the safe approach thereto, or exit or | 15 | | takeoff
therefrom by vehicles, vessels, barges and other means | 16 | | of transportation,
and to pay the cost of removal or | 17 | | relocation;
| 18 | | (i) To police its physical property only and all waterways | 19 | | and to
exercise police powers in respect thereto or in respect | 20 | | to the enforcement
of any rule or regulation provided by the | 21 | | ordinances of the District and to
employ and commission police | 22 | | officers and other qualified persons to
enforce such rules and | 23 | | regulations. A regulatory ordinance of the District
adopted | 24 | | under any provisions of this Section may provide for a | 25 | | suspension
or revocation of any rights or privileges within the | 26 | | control of the
District for a violation of any such regulatory |
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| 1 | | ordinance.
| 2 | | (j) To enter into agreements with the corporate authorities | 3 | | or governing
body of any other municipal corporation or any | 4 | | political subdivision of
this State to pay the reasonable | 5 | | expense of services furnished by such
municipal corporation or | 6 | | political subdivision for or on account of income
producing | 7 | | properties of the District;
| 8 | | (k) To enter into contracts dealing in any manner with the | 9 | | objects and
purposes of this Act;
| 10 | | (l) To acquire, own, lease, mortgage, sell , or otherwise | 11 | | dispose of interests in
and to real property and improvements | 12 | | situate thereon and in personal
property necessary to fulfill | 13 | | the purposes of the District;
| 14 | | (m) To designate the fiscal year for the District;
| 15 | | (n) To engage in any activity or operation which is | 16 | | incidental to and in
furtherance of efficient operation to | 17 | | accomplish the District's primary
purpose;
| 18 | | (o) To acquire, erect, construct, maintain and operate | 19 | | aquariums,
museums, planetariums, climatrons and other | 20 | | edifices for the collection and
display of objects pertaining | 21 | | to natural history or the arts and sciences
and to permit the | 22 | | directors or trustees of any corporation or society
organized | 23 | | for the erection, construction, maintenance and operation of an
| 24 | | aquarium, museum, planetarium, climatron or other such edifice | 25 | | to perform
such erection, construction, maintenance and | 26 | | operation on or within any
property now or hereafter owned by |
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| 1 | | or under the control or supervision of
the District; and to | 2 | | contract with any such directors or trustees relative
to such | 3 | | acquisition, erection, construction, maintenance and operation | 4 | | and
to charge or authorize such directors or trustees to charge | 5 | | an admission
fee, the proceeds of which shall be devoted | 6 | | exclusively to such erection,
construction, maintenance and | 7 | | operation;
| 8 | | (p) To do any act which is enumerated in Section 11-74.1-1 | 9 | | of the
"Illinois Municipal Code", in the same manner and form | 10 | | as though the
District were a "municipality" as referred to in | 11 | | such Section;
| 12 | | (q) To acquire, erect, construct, reconstruct, improve, | 13 | | maintain and
operate one or more, or a combination or | 14 | | combinations of, industrial
buildings, office buildings, | 15 | | buildings to be used as a factory, mill shops,
processing | 16 | | plants, packaging plants, assembly plants, fabricating plants,
| 17 | | and buildings to be used as warehouses and other storage | 18 | | facilities.
| 19 | | (r) To acquire, own, construct, lease or contract for any | 20 | | period not
exceeding 99
years, operate, develop, and maintain | 21 | | Port District water and sewage systems
and other
utility | 22 | | systems and services, including, but not limited to, pipes, | 23 | | mains,
lines, sewers,
pumping stations, settling tanks, | 24 | | treatment plants, water purification
equipment, wells,
storage | 25 | | facilities, lines, and all other equipment, material, and | 26 | | facilities
necessary to those
systems, for the use, upon |
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| 1 | | payment of reasonable fee set by the District, of
any tenant,
| 2 | | occupant, or user of the District facilities or any person | 3 | | engaged in commerce
in the
District; provided that the District | 4 | | shall not acquire, own, construct, lease,
operate,
develop, and | 5 | | maintain the systems and services if those systems and
services | 6 | | can be
provided by an investor-owned public utility offering | 7 | | electric or gas services.
The public
utility shall provide the | 8 | | District with a written response, within 30 days
after | 9 | | receiving a
written request from the District for those systems | 10 | | or services, stating
whether it will or
will not be able to | 11 | | provide the requested systems or services in accordance
with | 12 | | the Public
Utilities
Act.
| 13 | | (Source: P.A. 90-785, eff. 1-1-99.)
| 14 | | (70 ILCS 1830/14) (from Ch. 19, par. 514)
| 15 | | Sec. 14. The District has power to 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, airports,
airfields, | 19 | | terminals, port facilities, terminal facilities, trails, and | 20 | | other
transportation facilities within the Port District | 21 | | adequate to serve the
needs of commerce within the area served | 22 | | by the Port District. The Port
District may acquire real or | 23 | | personal property or any rights therein in the
manner, as near | 24 | | as may be, as is provided for the
exercise of the right of | 25 | | eminent domain under the Eminent Domain Act, except that no |
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| 1 | | property owned by any
municipality within the Port District | 2 | | shall be taken or appropriated
without first obtaining consent | 3 | | of the governing body of such municipality.
| 4 | | (Source: P.A. 94-1055, eff. 1-1-07.)
| 5 | | (70 ILCS 1830/20.2)
| 6 | | Sec. 20.2. Authorization to borrow moneys. The District's | 7 | | Board may borrow
money from any bank or other financial | 8 | | institution and may provide appropriate
security , including | 9 | | mortgaging real estate, for that borrowing, if the money is | 10 | | repaid within 20 3 years after the
money is borrowed. | 11 | | "Financial institution" means any bank subject to the
Illinois | 12 | | Banking Act, any savings and loan association subject to the | 13 | | Illinois
Savings and Loan Act of 1985, any savings bank subject | 14 | | to the Savings Bank Act,
and any federally chartered commercial | 15 | | bank or savings and loan association
organized and operated in | 16 | | this State pursuant to the laws of the United States.
| 17 | | (Source: P.A. 94-562, eff. 1-1-06.)
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