(620 ILCS 50/1) (from Ch. 15 1/2, par. 104)
Sec. 1.
For the purposes of this Act, the words, terms, and phrases in
Sections 2 to 14, inclusive, shall have the meanings prescribed in such
sections unless otherwise specifically defined or unless another intention
clearly appears or the context otherwise requires.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/2) (from Ch. 15 1/2, par. 105)
Sec. 2.
"Commission" means the County Airports Commission.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/3) (from Ch. 15 1/2, par. 106)
Sec. 3.
"Joint Commission" means the Joint County Airports Commission.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/4) (from Ch. 15 1/2, par. 107)
Sec. 4.
"Commissioner" means member of the County Airports Commission or
Joint County Airports Commission, as the case may be.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/5) (from Ch. 15 1/2, par. 108)
Sec. 5.
"Superintendent" means the County Superintendent of Airports.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/6) (from Ch. 15 1/2, par. 109)
Sec. 6.
"Aircraft" means the same as in Section 3 of the Illinois
Aeronautics Act.
(Source: P.A. 92-341, eff. 8-10-01.)
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(620 ILCS 50/7) (from Ch. 15 1/2, par. 110)
Sec. 7.
"Airport" means any area of land, water, or both, which is designed
or acquired for the landing and take-off of aircraft, whether or not
facilities are provided for the sheltering, servicing, or repair of
aircraft, or for receiving or discharging passengers or cargo, and all
appurtenant areas used or suitable for airport buildings or other airport
facilities, and all appurtenant rights of way, whether heretofor or
hereafter established, and all "airport facilities" as hereinafter defined.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/8) (from Ch. 15 1/2, par. 111)
Sec. 8.
"Department" means the
Department of Transportation of this State.
(Source: P.A. 81-840.)
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(620 ILCS 50/9) (from Ch. 15 1/2, par. 112)
Sec. 9.
"Airport Facilities" means any facility used in, available for use
in, or designed for use in, air navigation, including airports and any
structures, mechanisms, lights, beacons, marks, communicating systems, or
other instrumentalities or devices used or useful as an aid constituting an
advantage or convenience, to the safe taking-off, navigation, and landing
of aircraft, or the safe, efficient and economical operation or maintenance
of an airport, and any combination of any or all of such facilities.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/10) (from Ch. 15 1/2, par. 113)
Sec. 10.
"Airport protection privileges" means easements through or other
interests in air space over land or water, interests in airport hazards
outside the boundaries of airports and other protection privileges, the
acquisition or control of which is necessary to insure safe approaches to
the landing areas of airports and the safe, efficient and economical
operation thereof.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/11) (from Ch. 15 1/2, par. 114)
Sec. 11.
"Airport hazard" means any structure, object of natural growth, or
use of land, which obstructs the air space required for the flight of
aircraft in landing or taking off at an airport or is otherwise hazardous
to such landing or taking off.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/12) (from Ch. 15 1/2, par. 115)
Sec. 12.
"Meeting" when reference is had to the county board, means a
regular, adjourned or special meeting called as provided by the Counties
Code.
(Source: P.A. 86-1475.)
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(620 ILCS 50/13) (from Ch. 15 1/2, par. 116)
Sec. 13.
"General Bonds" means bonds issued by the county, the payment of
interest thereon as it falls due and the payment of the principal thereof
is provided for by a sufficient direct annual tax.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/14) (from Ch. 15 1/2, par. 117)
Sec. 14.
"Revenue Bonds" means bonds or other evidence of indebtedness, the
payment of interest thereon as it falls due and the payment of the
principal thereof is not provided for by a direct tax, but shall come from
sources other than county taxes.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/15) (from Ch. 15 1/2, par. 118)
Sec. 15.
For the purposes of this Act, the singular shall include the
plural, and the plural the singular.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/15a) (from Ch. 15 1/2, par. 119)
Sec. 15a.
This Act shall not be construed as repealing either or both of
the following Acts:
"An Act in relation to the establishment, acquisition, maintenance and
operation of airports and landing fields by counties of less than 500,000
population, and by such counties jointly with certain taxing districts
located within or partly within such counties, and to provide methods for
the financing thereof", approved July 22, 1943;
"An Act to empower counties to acquire, own, construct, manage,
maintain, operate, and lease airports and landing fields, to levy taxes and
issue bonds therefor, and to exercise the power of eminent domain",
approved March 14, 1941.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/16) (from Ch. 15 1/2, par. 120)
Sec. 16.
Whenever in this Act provision is made for the filing of a
petition, all such petitions shall be filed with the county clerk,
unless otherwise provided, in accordance with the general election law.
(Source: P.A. 81-1489.)
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(620 ILCS 50/17) (from Ch. 15 1/2, par. 121)
Sec. 17.
Whenever in this Act, it is required that a specified percentage
of the legal voters of the county sign a petition, such percentage may
exceed that specified, and the number so required shall be based on the
total number of votes cast for candidates for Governor in the general
election held in that county, next preceding the date of the filing of such
petition.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/18) (from Ch. 15 1/2, par. 122)
Sec. 18.
Each county of this State having less than 500,000 population, in
the manner hereinafter provided is hereby authorized to acquire by purchase
or otherwise, to construct, improve, repair, maintain and operate an
airport or a system of airports to facilitate travel by aircraft between
the principal cities and trading points in each county with each other, and
also with the principal cities and trading points in other counties and
shall have authority to exercise all such powers within its boundaries and
in adjacent territory within this state not in excess of five miles from
the nearest boundary line thereof, and in any adjoining state, after first
having obtained authority if any be necessary, from the United States or
such adjoining state or both, to charge reasonable fees and rents for the
use of such airports, and to provide the means therefor by levying a tax
and borrowing money. Every county operating under this Act in order to
secure greater working efficiency may convey the property acquired for
airport purposes, or any part thereof, or any interest therein to any other
county or municipality adjacent thereto for public airport purposes upon
such terms and conditions as the respective governing bodies shall agree by
a two-thirds vote of all members of each of such governing bodies.
Adjoining counties may jointly exercise all the power and authority
conferred upon a county by this Act, in the manner hereinafter provided.
(Source: Laws 1963, p. 1842.)
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(620 ILCS 50/19) (from Ch. 15 1/2, par. 123)
Sec. 19.
The county board of each county having a population of less than
500,000 population, shall have the power and it shall be its duty, in the
manner provided in this Act:
1. To elect the commissioner defined in Section 4.
2. To appoint a county superintendent of airports as provided in Section
35.
3. To levy a tax of not to exceed 2 mills as provided in Section 59.
4. To issue and sell General Bonds as provided in Section 60, provided
the aggregate amount of such bonds outstanding at any time shall not exceed
1% of the value of all the taxable property of the county.
5. To issue and sell Revenue Bonds or other evidences of indebtedness as
provided in Section 61 provided the aggregate amount of such bonds
outstanding at any time shall not exceed 2% of the value of all the taxable
property of the county.
6. To perform such other acts as may be necessary to effectuate the
provisions of this Act.
All actions taken by the county board shall be by roll call vote.
(Source: Laws 1963, p. 1842.)
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(620 ILCS 50/20) (from Ch. 15 1/2, par. 124)
Sec. 20.
The County Airports Commission when created by the county board as
in this Act provided, shall have the powers and duties enumerated in
Sections 21 to 34, inclusive.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/21) (from Ch. 15 1/2, par. 125)
Sec. 21.
To locate, establish, acquire by purchase or otherwise, construct,
improve, repair, maintain, extend and operate the Airport or System of
Airports provided for in this Act.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/22) (from Ch. 15 1/2, par. 126)
Sec. 22.
To acquire land in fee simple, rights in and over land, and
easements, upon, over or across land, and leasehold interests in land, and
tangible and intangible personal property, used or useful for the location,
establishment, maintenance, development, expansion, extension or
improvement of any such airport or airports. Such acquisition may be by
dedication, purchase, gift, agreement, lease, use or adverse possession or
by condemnation.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/23) (from Ch. 15 1/2, par. 127)
Sec. 23.
To fix, charge and collect reasonable rentals, tolls, fees, and
charges for the use of any airport, or any part thereof, or any airport
facility.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/24) (from Ch. 15 1/2, par. 128)
Sec. 24.
To establish, maintain, extend and improve roadways and approaches
by land, water or air to any such airport and to contract or otherwise
provide, by condemnation if necessary, for the removal of any airport
hazard or the removal or relocation of all private structures, railways,
mains, pipes, conduits, wires, poles and all other facilities and equipment
which may interfere with the location, expansion, development or
improvement of such airports or with the safe approach thereto or take-off
therefrom by aircraft, and to pay the cost of removal or relocation; and to
exercise the powers and duties conferred by law upon the counties as to
zoning with respect to airports under its jurisdiction.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/25) (from Ch. 15 1/2, par. 129)
Sec. 25.
To be responsible for, and have jurisdiction over all public roads
and streets within and adjoining the site of any airport and to exercise
and be vested with the same powers and duties with respect thereto as is
now conferred upon township highway commissioners and county boards over
such public roads and streets.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/26) (from Ch. 15 1/2, par. 130)
Sec. 26.
To enter into an agreement for airport protection privileges and
to acquire them by condemnation if unable to reach an agreement with the
owners thereof.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/27) (from Ch. 15 1/2, par. 131)
Sec. 27.
To agree with the state or federal governments or with any public
body or agency in respect to the removal and relocation of any object of
natural growth, airport hazard or any structure or building within the
vicinity of any airport or within an approach and which is owned or within
the control of such government public body or agency and to pay all or an
agreed portion of the cost of such removal or relocation.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/28) (from Ch. 15 1/2, par. 132)
Sec. 28.
To nominate or appoint a County Superintendent of Airports as in
this Act provided, and to employ and fix the compensation of the
necessary persons to carry out the powers and duties imposed upon the
commission by this Act.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/29) (from Ch. 15 1/2, par. 133)
Sec. 29.
To regulate and to restrict the flight and operation of aircraft
while within or above or within the approaches to such airport or airports,
not inconsistent with Federal and State regulations.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/30) (from Ch. 15 1/2, par. 134)
Sec. 30.
To supervise, care for, and have custody of all airports under its
jurisdiction, including the grounds and buildings constructed, leased or
set apart for airport purposes.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/31) (from Ch. 15 1/2, par. 135)
Sec. 31. To exercise the right of eminent domain in the following manner: If any plans and surveys provided for in this Act have been approved by
the Department, and the resolution presented to the county board adopted as
in this Act provided, require that private property be taken or damaged,
the County Airport Commission in the name of the county shall have the
right to purchase the necessary land from the owner thereof, or if
compensation therefor cannot be agreed upon, to have such just compensation
ascertained and to acquire and pay for such property in the same manner as
near as may be, as provided for in the Eminent Domain Act; provided,
that the commission shall not be required, in any case, to furnish a bond.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(620 ILCS 50/31.5) Sec. 31.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(620 ILCS 50/32) (from Ch. 15 1/2, par. 136)
Sec. 32.
To contract for the performance of any work in connection
with the establishment, maintenance and operation of any airport as it
may deem to be in the public interest, provided that contracts requiring
the expenditure of $2000.00 or more by the County Airport Commission
shall be let to the lowest responsible bidder at a public letting held
after due publication of notice thereof, however, this requirement shall
not apply to contracts for professional services if the approval of the
award has been given by the Department.
(Source: P.A. 81-840.)
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(620 ILCS 50/33) (from Ch. 15 1/2, par. 137)
Sec. 33.
To apply for and receive the grant or loan of money or other
financial aid from the state or federal government or from any state or
federal agency, department, bureau or board, necessary or useful for the
undertaking, performance or execution of any of the objects or purposes of
this act, and to undertake the acquisition, establishment, construction,
development or improvement of such airport or airports in cooperation with
or as a joint enterprise with the state or federal governments or with both
the state and federal governments acting or represented by any state or
federal agency, department, bureau or board.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/34) (from Ch. 15 1/2, par. 138)
Sec. 34.
To perform such other acts as may be necessary to effectuate the
provisions of this Act.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/34.1) (from Ch. 15 1/2, par. 138.1)
Sec. 34.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(620 ILCS 50/35) (from Ch. 15 1/2, par. 139)
Sec. 35.
In each county that has created a County Airport Commission as in
this Act provided, there shall be a County Superintendent of Airports,
unless the County Board of such county by resolution approved by the
Department shall otherwise determine.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/36) (from Ch. 15 1/2, par. 140)
Sec. 36.
Within 30 days after the organization of such county airport
commission, or within 30 days after a vacancy occurs in such office, the
Commission shall submit a list of not less than 3 nor more than 5 names of
persons to the Department, whom it considers desirable candidates for the
office of Superintendent. Candidates shall have one or more of the
following qualifications in order to be eligible to hold such office:
First, shall be a civil engineer, having a degree from a reputable
engineering school or a civil engineer recognized as such by a national
professional society of engineers, or structural engineer licensed in this
state, with an additional 4 years practical experience in highway,
structural or airport engineering design and construction, Second, shall
have had at least 10 years experience in highway, structural or airport
engineering, 5 years of which have been spent in responsible charge of
design and construction of such works. The Department shall thereupon
determine by competitive examination from among the names submitted the
person or persons best fitted for the office and shall thereupon certify
its determination to the presiding officer of the county board of such
county, who shall then make an order appointing, with the advice and
consent of the county board, from the number found eligible, a County
Superintendent of Airports for such county. If, on the list submitted,
there is found only one person qualified for the position, the proceedings
shall be repeated in a like manner until two or more persons eligible for
such position has been determined.
(Source: P.A. 78-1128.)
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(620 ILCS 50/37) (from Ch. 15 1/2, par. 141)
Sec. 37.
Any two or more counties may appoint the same person as
Superintendent for each of such counties and may by agreement
provide for
the proportionate share of the salary and expenses of such appointee to be
borne by each county.
(Source: P.A. 92-341, eff. 8-10-01.)
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(620 ILCS 50/38) (from Ch. 15 1/2, par. 142)
Sec. 38.
Upon the request of the Commission and with the
approval of the Department, the presiding officer of the county
board, with the advice and consent of the county board, may
appoint the county engineer to the office of County Superintendent
of Airports if he is so qualified as in Section 36 provided,
without competitive examination, and for such period as may be
agreeable to the Commission or for a term that shall run concurrently
with his term of office as such county engineer. No county engineer
shall be so appointed unless he consents thereto.
(Source: P.A. 87-217.)
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(620 ILCS 50/39) (from Ch. 15 1/2, par. 143)
Sec. 39.
The Department shall withhold approval of all plans and
specifications as in this Act provided, until such Superintendent has
been appointed as herein provided, unless the Department has waived such
requirement.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/40) (from Ch. 15 1/2, par. 144)
Sec. 40.
The term of office of each Superintendent shall be six years and
until his successor is duly appointed and qualified. He shall receive a
salary in a sum to be fixed by the county board and shall also be allowed
actual traveling and other expenses incurred in the discharge of the duties
of his office. His salary and expenses shall be payable out of the general
or Airport Fund of the county.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/41) (from Ch. 15 1/2, par. 145)
Sec. 41.
Upon complaint filed with the county board by the Commission, such
Superintendent may be removed from office for the same reasons and in the
same manner as in this Act provided, for the removal of Commissioners.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/42) (from Ch. 15 1/2, par. 146)
Sec. 42.
The Superintendent shall, subject to the rules of the
Department:
1. Prepare or cause to be prepared, plans, specifications and
estimates of costs of construction, maintenance and operation and
estimate of earnings if any, for all airports and appurtenances thereto
to be established by the Commission.
2. Act for the Commission in all matters relating to the supervision
of the construction, maintenance and operation of all airports under its
jurisdiction and at its direction.
3. Perform such other duties as may be prescribed by law, the rules
of the Department or the direction of its Chief Engineer, in conformity
thereto, however, no Superintendent shall be required without his consent
and the consent of the county board of the county in whose employ he is,
to perform services in any other county.
(Source: P.A. 80-1495.)
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(620 ILCS 50/43) (from Ch. 15 1/2, par. 147)
Sec. 43.
The office of Superintendent shall be deemed vacant at the end of
the incumbent's six year term or in case of his death, removal from office
as herein provided or his resignation. If within 90 days after the
organization of the Commission, or a vacancy occurs in such office, the
county board fails to appoint from the number found eligible, a
Superintendent, the Commission shall appoint one of such eligible
candidates to be County Superintendent of Airports.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/44) (from Ch. 15 1/2, par. 148)
Sec. 44.
When ten percent of the voters of any county file a petition with
the county clerk of such county, asking that a County Airport Commission be
created in the manner hereinafter provided, such petition shall be
presented to the county board of such county at its next meeting.
At the next meeting of said Board following the presentation of said
petition, but not sooner than twenty days after such presentation, the
county board shall proceed to elect a County Airport Commission, composed
of five voters of such county, two of whom shall be members of such county
board, hereinafter called County Board members, and three of whom shall be
persons who hold no elective or appointive political office, hereinafter
called Non-County Board Members. At least one of such Non-County Board
members shall be licensed air pilot or a former member of one of the
branches of the Armed Services of the United States who has had equivalent
training and experience. All members shall be chosen with reference to
their special fitness for such office. The member chosen for aviation
experience shall be known as an "Aviation" member, and the other Non-County
Board members shall be known as "Non-Aviation" members nothing herein shall
prevent the appointment of more than one member of the commission meeting
the qualifications of an "aviation" member.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/45) (from Ch. 15 1/2, par. 149)
Sec. 45.
The county board shall consider for election to the Commission,
only those persons whose names are presented by the county clerk. The
county clerk shall present to the county board as candidates the names of
all persons who have been nominated in the following manner: For whom a
petition signed by 2% of the voters of such county or by
10% of
the membership of the county board, or both, has been filed 48
hours prior to the convening of the county board meeting, provided such
petition states that the person nominated is a candidate for election as a
county board member, an Aviation member or a Non-Aviation member.
The county board shall proceed by roll call vote to elect the members of
the Commission. Voting on county board members of the Commission shall not
be joined with the voting for non-county board members of the Commission,
nor Aviation with Non-Aviation members. No person shall be
eligible to
serve as a member of the Commission unless he has individually been elected
by a majority of the members of the county board present at said meeting,
whether voting or not voting.
(Source: P.A. 90-655, eff. 7-30-98.)
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(620 ILCS 50/46) (from Ch. 15 1/2, par. 150)
Sec. 46.
One Commissioner shall hold office for one year, two shall hold
office for two years, and two shall hold office for three years from the
First day of July following their election, but each until his successor is
elected and qualified.
Annually thereafter the county board shall at its first session of its
regular meeting held in the month of June of each year, elect as before,
the number of Commissioners whose terms expire on July 1st and who shall
hold office for three years and until their successors are elected and
qualified.
Vacancies on the Commission, occasioned by removal, resignation or
otherwise shall be reported to the county clerk, who shall so notify the
county board and shall be filled in like manner as original appointments.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/47) (from Ch. 15 1/2, par. 151)
Sec. 47.
Any Commissioner may be removed from office by the county board
for incompetence, neglect of duty or malfeasance in office. In any
proceeding to remove a Commissioner from office, a petition shall be filed
with the county board, naming such Commissioner as defendant, setting forth
the particular facts upon which the request for removal is based.
The county board shall set the matter for hearing not earlier than 5
days after service shall be had upon the defendant, which service shall be
the same as in other civil cases. The county board shall thereupon proceed
to a determination of the charges and shall enter an order either
dismissing the charges against the Commissioner or removing him from
office.
The Commissioner may appeal from the order of the county board to the
circuit court of the county wherein he resides at any time within 20 days
after the rendition of the county board's order. The appeal shall be
perfected by filing a petition with the clerk of the court and serving the
chairman or president of the county board with a copy thereof. The petition
shall set forth briefly the facts upon which the appeal is based. The case,
upon appeal, shall be tried de novo.
The office of Commissioner held by a county board member shall also be
deemed vacant when he ceases to be a member of the county board.
(Source: Laws 1967, P. 3684.)
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(620 ILCS 50/48) (from Ch. 15 1/2, par. 152)
Sec. 48.
Within ten days after the election of the five members of the
Commission as hereinbefore provided, the chairman of the county board shall
call a meeting of such members and he shall act as temporary chairman
thereof. Two-thirds of the membership shall constitute a quorum for the
transaction of business. Newly-elected members shall cast lots for their
respective terms. The newly-elected members shall elect one of their number
as President and one as Secretary. The President and Secretary so elected
shall take office immediately and the County Airport Commission, so
organized shall be reorganized on the first Wednesday in July of each
succeeding year. The Commission shall elect such other officers as they may
deem necessary. They shall thereafter be officially known as the "....
County Airports Commission". They shall make and adopt such by-laws, rules
and regulations for their own guidance and for the government of the
airports under their control as may be expedient, not inconsistent with
this act, or the regulations of Federal and State Authorities. All
records of such county airport commission shall be kept by and in the
custody of the county clerk and shall be open to public inspection at all
reasonable times. The members of the Commission shall be county officers
and shall be entitled to all the rights and privileges of such officers
including quarters in the Court House, if convenient, and such stationery
and office supplies as may be required to discharge their duties as such
commissioners.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/49) (from Ch. 15 1/2, par. 153)
Sec. 49.
All moneys received for airport purposes with the exception of
moneys the title to which rests in the county airport commission in
accordance with Section 63, shall be deposited in the treasury of said
county to the credit of the designated fund and the Commission shall have
exclusive control over its expenditure and it shall not be used for any
other purposes than in this Act provided, and shall be drawn upon by the
proper officers of the county upon properly authenticated vouchers of the
Commission.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/50) (from Ch. 15 1/2, par. 154)
Sec. 50.
Non-Board Commissioners shall receive no compensation as such, but
County Board members of the Commission shall be compensated for attendance
at all regularly called meetings of the Commission at the same rate set for
attendance at meetings of the county board. All members of the Commission
shall be allowed their necessary actual traveling and other expenses
incurred in the discharge of their duties as such Commissioners.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/51) (from Ch. 15 1/2, par. 155)
Sec. 51.
The Commission shall meet regularly at a stated time and place at
least once each month and at such other times and places as they deem
necessary. All meetings shall be public and all actions shall be by roll
call vote.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/52) (from Ch. 15 1/2, par. 156)
Sec. 52.
No Commissioner shall be interested, either directly or indirectly
in the purchase or sale of any property, real or personal, for said
airports.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/53) (from Ch. 15 1/2, par. 157)
Sec. 53.
The Commission shall within six months following its
organization, designate the locality, the class and type of the airports
that shall come under the provisions of this Act.
The airport or airports to be so designated shall facilitate travel
by aircraft between the principal cities and trading points in each
county with each other, and also with the principal cities and trading
points in other counties. The Commission shall indicate the locality of
each Airport so selected, by marking them upon some map which shows
among other features, the public roads, railroads, mains, pipes,
conduits, wires, cables, poles and other facilities and structures of
public service corporations or municipal or quasi-municipal
corporations, incorporated areas, existing airports, and shall indicate
the class and type of airport to be so located.
In designating the locality, the class and type of airports, the
Commission shall have due regard for the following factors: the present
and future needs of local interstate and intrastate private flying; the
existing and contemplated airport facilities, including those owned or
controlled or to be owned or controlled by the Federal Government; the
then current State airport plan and State airways system; and the
avoidance of unnecessary or unreasonable interference or conflict, on
the part of airports, airport plans and airport facilities, with
existing important or essential facilities or buildings devoted to the
public use. Within ten days after the adoption thereof, certified copies
of such maps shall be filed with the Department, in duplicate.
The Department shall examine the map with the airports located
thereon, and if the Department finds the airports to be properly located
and designated as to class and type, one of the maps shall be returned
within thirty days to the county airport commission, with the approval
of the Department endorsed thereon. If the Department finds that the
airports selected and designated by the Commission do not adequately or
efficiently facilitate travel by aircraft between the principal cities
and trading points in each county with each other, and also with the
principal cities and trading points in other counties, or the type or
class of airport designated by the County Airport Commission is deemed
to be improperly specified, the Department shall make such changes as
will, in its judgment, best serve to facilitate such travel and shall
within thirty days after the receipt thereof, return one of the maps
with such changes shown thereon to the Commission.
If the map as submitted is approved by the Department or the
Commission agrees with the changes made by the Department, the
Commission shall, within thirty days after the receipt of the return of
the map, so approved or changed by the Department, adopt such map as the
Official Airports Plan and file a certified copy thereof with the county
clerk and with the Department.
If the Commission does not agree with the changes made by the
Department, it shall, within thirty days after the return of said map,
file certified copies of the map as submitted to the Department and one
of the maps with changes made by the Department shown thereon, with the
county clerk. The county clerk shall present such maps to the county
board at its next meeting. Such map shall then remain on file in the
office of the county clerk until the next meeting of the county board,
but for a period of not less than twenty days, and at that meeting the
county board shall adopt one of the maps so filed as the Official
Airport Plan. The plan prepared by the Commission shall be considered
adopted if two-thirds of the membership of the Board votes in favor
thereof, otherwise the map as changed by the Department shall become the
Official Airport Plan. In either case, the county clerk shall place the
map adopted as the Official Airport Plan, on file in his office and
forward certified copies thereof to the Commission and the Department.
The airports designated on the map herein referred to as the
"Official Airport Plan" shall be the airports to which this act applies,
and it shall not apply to any other airports.
No changes shall be made in the location, or change in the class or
type of the airports as shown in said Official Airport Plan, without the
recommendation of the Commission, the approval of the Department and the
consent of the county board.
If any Commission fails to prepare and submit the map showing the
location, class and type of airports as aforesaid, the Department shall
prepare such map and such map, when filed with the county clerk, shall
become the "Official Airport Plan."
(Source: P.A. 80-1495.)
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(620 ILCS 50/54) (from Ch. 15 1/2, par. 158)
Sec. 54.
The Commission shall proceed to provide for the establishment of
the airport or airports designated on the "Official Airport Plan" as
rapidly as the public interest demands and consistent with the funds
available or that the Commission deems such funds are likely to become
available.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/55) (from Ch. 15 1/2, par. 159)
Sec. 55.
Before any county shall be authorized to levy a tax or
borrow money by the issuance of General Bonds or Revenue Bonds:
1. The Commission shall adopt general plans and specifications
describing the airport or airports to be constructed, improved,
acquired, maintained, or operated, the specific location thereof, the
type of construction or improvement and shall make an estimate of the
cost thereof and an estimate of the earnings, if any, and the net cost
to the Commission.
2. The Commission shall transmit such plans, specifications and
estimates as approved by the Department, to the county board.
3. If such plans, specifications and estimates sent to the county
board are accompanied by a request that a tax be levied or money
borrowed for the purpose of defraying part or all of the cost of such
work, the Commission shall accompany such request with a resolution, in
appropriate form, for adoption by the county board, which resolution
shall among other things provide:
(a) In case the levy of a tax is requested, that the question of
levying such tax be submitted to a vote of the people of such county at
an election in accordance with the general election law;
the rate of tax to be levied and the form of the question
which shall be substantially as follows:
Airports Shall an annual tax of (here YES insert rate) mill(s) on the dollar of all the taxable property of (Name of County) be levied for airport purposes as specified in "County Airport NO Commission Request"?
(b) In case the issuance of General Bonds is requested, that the
question of issuing such bonds and the raising of an additional tax for
the payment of interest and principal thereon be submitted to a vote of
the people of such county at a regular election in accordance with the general
election law; the specified purposes for which the
proceeds of the sale of such bonds are to be used; the maturity of such
bonds, which shall be not less than 5 nor more than 20 years; the rate
of interest, which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable semi-annually,
and the amount of such bonds to be issued, and the form of the proposition
which shall be substantially as follows:
Airports Shall County Bonds for airport YES purposes as specified in "County Airport Commission, Request...." be issued to the amount of $.... and an additional tax levied for the payment of interest and NO principal of such bonds?
(c) In case the issuance of revenue bonds be requested, the amount
to be issued, the maturity of such bonds and the interest cost and the
source of the revenues to be pledged for the retirement of such bonds.
In submitting such request the Commission shall designate such
requests as "County Airport Commission Request 'A', etc." and they may
be so referred to in any proceedings growing out of this Act. The
Commission may submit, if so marked, alternate ways and means of
accomplishing the financing of the undertaking submitted, in which case
such requests shall be designated "County Airport Commission Alternate
A-1" etc.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(620 ILCS 50/56) (from Ch. 15 1/2, par. 160)
Sec. 56.
The County Airport Commission may combine its request for
any two or all of the means of financing the proposed undertaking in a
single resolution if it deems it necessary and desirable to do so, and
in case such request covers the levying of a tax and the issuance of
bonds with the levy of an additional tax to pay principal and interest
thereon, the proposition shall be in substantially the following form:
Airports Shall an annual tax of (here insert rate) mill(s) on the dollar of all the taxable property of (here YES name County) be levied for airport purposes and shall county bonds for airport purposes be issued to the amount of $........ and an additional tax levied for the payment of interest and NO principal of such bonds all as specified in "County Airport Commission Request"?
If the county board within 65 days after the receipt of a request or
requests as aforesaid, does not act favorably upon a request or its
alternate, the resolution accompanying such request shall be considered
in full force and effect and to the same extent as if it were adopted by
the county board, when a petition has been filed in the office of the
county clerk signed by 10% of the voters of such county, provided the
petition states that it is the desire of the signers thereof that the
resolution accompanying County Airport Commission Request --, become
effective.
No request shall be withdrawn by the Commission for a period of 90
days following the transmittal thereof to the county board, nor after
the adoption of the resolution by the county board or by petition as
herein provided. All such resolutions shall be without effect unless
adopted within 18 months after being presented to the county board. The
same question shall be submitted to a vote only once in each calendar
year.
(Source: P.A. 81-1489.)
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(620 ILCS 50/57) (from Ch. 15 1/2, par. 161)
Sec. 57.
When a resolution directing that the question of levying a
tax or borrowing money by the issuance of General Bonds, be submitted to
a vote, has been adopted by the county board or by petition as in this
Act provided, the county clerk shall certify the resolution and the question
to the proper election officials, who shall submit the question to the voters
at an election in accordance with the general election law.
(Source: P.A. 81-1489.)
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(620 ILCS 50/59) (from Ch. 15 1/2, par. 163)
Sec. 59.
If a majority of all the votes cast upon the question shall be for
the levy of the tax, the county board of such county shall thereafter
annually levy such tax in the amount certified as necessary by the
Commission but not to exceed the rate stated on the ballot, on all taxable
property of such county, such tax to be levied and collected in like manner
with the general taxes of such county and to form when collected, a fund to
be known as the "County Airports Tax Fund" which said tax shall be in
addition to all other taxes which such county is now, or hereafter may be,
authorized to levy on the aggregate valuation of all property within such
county, and the county clerk shall not consider this tax as authorized by
this Act, as a part of the general tax levy for county purposes, and
shall not include the same in the limitation of 1% of the assessed
valuation upon which taxes are required to be extended.
If a county has adopted a proposition for the levy of a tax of less than
2 mills on the dollar, such tax may be increased to a rate not to exceed 2
mills on the dollar, by submitting the proposition to increase such tax to
the voters of such county in the same manner as the original question was
submitted. Provided, however, that the foregoing limitations upon tax rates
may be increased or decreased under the referendum provisions of the
General Revenue Law of Illinois.
The "County Airports Tax Fund" shall be used only for the purposes
stated in the resolution calling the election authorizing the levy
therefor.
(Source: Laws 1967, p. 849.)
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(620 ILCS 50/60) (from Ch. 15 1/2, par. 164)
Sec. 60.
If a majority of all votes cast upon the question shall be for the
issuing of bonds and the levying of an additional tax to pay the interest
and principal of such bond, the county board shall issue and sell such
amounts of said bonds as the Commission shall determine and certify, from
time to time as being necessary to provide the means for accomplishing the
purposes for which said bonds were voted. Such bonds shall be issued in
conformity to the requirements and provisions of the resolution adopted for
the purpose of calling said election, provided however the aggregate
amounts of outstanding bonds issued under the provisions of this Act,
shall at no time exceed 1% of the total value of all of the taxable
property of the county as determined by the last assessment roll on which
county general taxes was extended. The principal of such bonds shall be
discharged within twenty years after the date of said election. Such bonds
shall bear interest, payable semi-annually, at a rate that does not exceed
that permitted in "An Act to authorize public corporations to issue bonds,
other evidences of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May 26, 1970, as
now or hereafter amended. The proceeds from the sale of each issue of bonds
shall be deposited in the county treasury and identified as "County
Airports Bond Fund No. ....." Such proceeds shall be used only for the
purposes stated in the resolution calling the election authorizing the
issuing of said bonds, and as specified in the certificate of the
Commission as in this section provided.
(Source: P.A. 82-902.)
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(620 ILCS 50/61) (from Ch. 15 1/2, par. 165)
Sec. 61.
If the resolution adopted by the county board or by petition,
provides for the issuance of revenue bonds or other evidence of
indebtedness, the retirement of the principal thereof and the interest
thereon, to be accomplished from sources other than direct county taxes,
the county board shall issue and sell such amounts of such bonds or other
evidences of indebtedness as the Commission shall determine and certify,
from time to time as being necessary to provide the means for accomplishing
the purposes for which such bonds or other evidences of indebtedness are to
be issued as set forth in said resolution. Such bonds or other evidence of
indebtedness shall be issued in conformity to the requirements and
provisions of the said resolution authorizing such issuance. The principal
of such bonds or other evidences of indebtedness shall be discharged within
thirty years after the date of the adoption of said resolution. Such bonds
or other evidences of indebtedness shall bear interest, payable
semi-annually, at a rate not to exceed that permitted in "An Act to
authorize public corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended. The
proceeds from the sale of each issue of bonds shall be deposited in the
county treasury and identified as "County Airports Revenue Bond Fund No.
....." Such proceeds shall be used only for the purposes stated in the said
resolution and as specified in the certificate of the Commission as in this
section provided. All such revenue bonds and other evidences of
indebtedness shall not, in any event, constitute or be deemed an
indebtedness of the county within the meaning of any constitutional
provisions or statutory limitations as to debt, and it shall be so stated
plainly on the face of each such bond or other evidence of indebtedness.
(Source: P.A. 90-655, eff. 7-30-98.)
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(620 ILCS 50/62) (from Ch. 15 1/2, par. 166)
Sec. 62.
All fees and rents shall be paid into the county treasury and
deposited in a fund to be known as the "Airport Revenue Fund." Subject to
such covenants as may be entered into by the county through the issuance of
revenue bonds or other evidences of indebtedness, such moneys shall be used
by the Commission to carry out the purposes of this Act.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/63) (from Ch. 15 1/2, par. 167)
Sec. 63.
Any person desiring to make any donation or legacy of
any money, personal property, or real estate, for the benefit of any
airport or for any airport purpose, shall have the right to vest the title
to the money, personal property or real estate so donated, in the
Commission, to be held and controlled by the Commission, when accepted,
according to the terms of the deed gift or legacy of such
property, and to such property, the Commission shall be held and considered
to be special trustees.
(Source: P.A. 83-388.)
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(620 ILCS 50/64) (from Ch. 15 1/2, par. 168)
Sec. 64.
Title to all property, except such property, the title to which is
vested in the Commission and under section 63, shall be taken in the name
of the county and if acquired by right of eminent domain, the county shall
have fee simple thereto.
No real estate shall be sold, traded or otherwise disposed of, except
with the recommendation of the Commission, the approval of the Department
and the consent of the county board thereto.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/65) (from Ch. 15 1/2, par. 169)
Sec. 65.
In exercising its powers and duties under this Act, the
Commission, each officer thereof, the Superintendent, and each employee or
representative
designated by it, shall have the right to enter upon the land of any
person, municipality or other political subdivision and enter the buildings
and structures thereon at all reasonable times, when and to the extent that
their duty so requires in making surveys, ascertaining necessary facts and
making investigations relating to airports.
(Source: P.A. 92-341, eff. 8-10-01.)
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(620 ILCS 50/66) (from Ch. 15 1/2, par. 170)
Sec. 66.
The fiscal year of the Commission shall correspond to the fiscal
year of the county and in case of a joint Commission shall be the fiscal
year of the county having the greater population.
The Commission shall make a progress report each month to the county
board, and within one month after the close of such fiscal year, shall make
a full and complete report of its activities and transactions.
The Commission, not later than thirty days prior to the end of the
fiscal year, shall prepare a budget, and appropriation ordinance, in the
same form and manner as is now prescribed by law for counties, and file the
same with the county board, and shall certify to the county board the sum
or sums necessary and require to be raised by taxation to defray the cost
of constructing, operating, repairing, maintaining, improving and acquiring
the airports under its jurisdiction for the next fiscal year.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/67) (from Ch. 15 1/2, par. 171)
Sec. 67.
The funds of the county derived from fees and rents and raised by
taxation shall not be subject to the provisions of "An Act in relation to
the budgets of counties not required by law to pass an annual appropriation
bill" approved July 10, 1933, as amended.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/68) (from Ch. 15 1/2, par. 172)
Sec. 68.
When ten percent of the voters of each of two adjoining counties,
file a petition with the Department requesting that such counties be joined
for the purposes of this Act, the Department shall immediately notify the
county clerks of such counties that such a petition has been filed, and if
neither county board has elected a county airport commission as in this Act
provided, no further action shall be taken by either county board in the
creation of a Commission, until notified by the Department that such
petition is insufficient or that the joining of the two counties will not
be in the public interest. The signatures of the voters of one county shall
not be intermingled with the signatures of the voters of the county to
which it is to be joined.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/69) (from Ch. 15 1/2, par. 173)
Sec. 69.
Upon the Department notifying such county boards that the
petition is sufficient and that the joining of the two counties is in
the public interest, each county board shall proceed with the election
of Commissioners to serve as members of a Joint County Airports
Commission. In determining the sufficiency of the petition, the
Department shall take into consideration the relationship between the
location of the principal cities and trading points in such counties and
the nature of their present and future airport requirements; the nature
of the terrain adjoining such cities and trading points to such needs;
the effect of the joining of such counties to the then current national
airport plan, the then current federal airways system, the then current
State airport plan and the then current State airways system; and such
other factors as under the circumstances, it regards as having an
important bearing on whether such counties should be joined for airport
purposes. The number of such commissioners to total nine, five of whom
shall be elected by the county having the larger population, and four by
the county having the lesser population. The nomination, election and
qualifications of such airport commissioner, shall be as in the case of
the creation of a county airport commission. Such joint commission shall
be composed of two members of each county board, one "Aviation" member
from each county, one "non-aviation" member from each county, and one
"non-aviation" member to represent the county entitled to the fifth
member, which shall come in alternate years from the smaller county.
The commission shall be organized as is provided in the case of a
county airport commission, with the chairman of the county board of the
county that elected the four members of the joint commission serving as
temporary presiding officer. Three of such commissioners shall serve one
year, three shall serve two years and three shall serve three years. In
fixing the term of office of each of the commissioners,
the commissioners
shall arrange that the terms shall expire in such order as the
requirements of this section demand. Nothing herein shall prevent an
agreement between the county boards whereby the number of commissioners
elected by each county may be fixed differently, provided that the
number of commissioners of each class elected by each county board is
not less than one.
Such joint commission shall have all the powers and duties as are in
this act given to the county airports commission and shall exercise such
powers and perform such duties as if the two counties were a single
unit.
(Source: P.A. 81-1509.)
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(620 ILCS 50/70) (from Ch. 15 1/2, par. 174)
Sec. 70.
In the appointment of a county superintendent of airports,
the joint commission shall proceed as is provided for a county airports
commission, and the Department shall certify the eligible candidates to
each of such county boards who may appoint the same candidate to be
superintendent or if unable to agree on the same person, may elect
different eligible candidates. If the same person is elected to so serve
by both boards the compensation and necessary expense of such
superintendent shall be shared as is hereinafter provided for other
joint expenditures. In event the two county boards do not concur in the
appointment of the same person, each county shall pay the entire
compensation and expense of such superintendent. In event one county
fails within ninety days after the certification of the eligible
candidates to appoint one such person to the office of superintendent,
the person elected by the other county shall serve for both counties and
his compensation and expense shall be shared as a joint expense. If both
counties fail to appoint one of such eligible candidates to serve as
superintendent, within such ninety day period, the joint commission
shall appoint one of such eligible candidates as superintendent, fix his
salary and his compensation and necessary expense shall be shared by the
two counties as aforesaid. In any case, such superintendent or
superintendents shall act under the direction of the joint commission
without respect to county lines and the consent of the county boards
shall not be required.
In preparing and submitting resolutions to the county boards
providing for the levying of taxes, the borrowing of money, and in the
appropriation and expenditure of money, the joint commission shall
determine the amount of money needed for joint airport purposes and the
counties shall levy taxes to raise such amount of money, in their
respective counties, at such rate, not to exceed one mill on the dollar
of the assessed valuation of the counties as evidenced by the last
assessment roll on which county general taxes were extended, in such
proportion as the assessed valuation of the property of one county bears
to that of the other county.
The county clerk of the county having the larger population shall act
as clerk of the joint county airport commission and have custody of the
records thereof. Nothing herein shall prevent an agreement between such
county boards providing that the county clerk of the county having the
lesser population shall so serve. Unless specifically prescribed in this
section, the joint commission and the two county boards shall be
governed by the requirements of this Act as it applies to a county
airports commission and the county board.
(Source: P.A. 81-1509.)
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(620 ILCS 50/71) (from Ch. 15 1/2, par. 175)
Sec. 71.
"An Act in relation to the establishment, maintenance and
operation of aviation districts," approved July 21, 1941, and all acts
and parts of acts which are inconsistent with the provisions of this Act
are hereby repealed.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/72) (from Ch. 15 1/2, par. 176)
Sec. 72.
If any one or more of the provisions of this Act is declared
unconstitutional or the application thereof is held invalid, the validity
of the remainder of the Act and the application of such provision or
provisions to other persons and circumstances shall not be affected
thereby.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/73) (from Ch. 15 1/2, par. 177)
Sec. 73.
The provisions of this Act shall be cumulative and shall be
considered as conferring additional power on counties and as additions to
and not as limitations upon the power of counties to acquire, construct,
operate and maintain airports, the levying of taxes, issuance of general
bonds and revenue bonds.
(Source: Laws 1945, p. 594.)
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(620 ILCS 50/74) (from Ch. 15 1/2, par. 178)
Sec. 74.
This Act may be cited as the "County Airports Act."
(Source: Laws 1945, p. 594.)
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