(70 ILCS 1820/1) (from Ch. 19, par. 851)
Sec. 1.
This Act shall be known and may be cited as the
"Jackson-Union Counties Regional Port District Act".
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2) (from Ch. 19, par. 852)
Sec. 2.
When used in this Act, unless the context otherwise
requires, the terms set out in Sections 2.1 through 2.21 have the
meaning ascribed to them in those Sections.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.1) (from Ch. 19, par. 852.1)
Sec. 2.1.
"District" or "Port District" means the Jackson-Union
Counties Regional Port District created by this Act.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.2) (from Ch. 19, par. 852.2)
Sec. 2.2.
"Terminal" means a public place, station or depot
for receiving and delivering baggage, mail, freight or express
matter and for any combination of such purposes, in connection
with the transportation of persons and property on water or land or
in the air.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.3) (from Ch. 19, par. 852.3)
Sec. 2.3.
"Terminal facilities" means all land, buildings,
structures, improvements, equipment and appliances useful in the
operation of public warehouse, storage and transportation
facilities for the accommodation of or in connection with commerce
by water or land or in the air or useful as an aid, or constituting
an advantage or convenience to, the safe landing, taking off and
navigation of aircraft, or the safe and efficient operation or
maintenance of a public airport; except that nothing in this
definition contained shall be interpreted as granting authority
to the District to acquire, purchase, create, erect or construct
a bridge across any waterway which serves as a boundary between
the State of Illinois and any other state.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.4) (from Ch. 19, par. 852.4)
Sec. 2.4.
"Port Facilities" means all public structures,
except terminal facilities as defined herein, that are in, over,
under or adjacent to navigable waters and are necessary for or
incident to the furtherance of water commerce and includes the
widening and deepening of slips, harbors and navigable waters.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.5) (from Ch. 19, par. 852.5)
Sec. 2.5.
"Aircraft" means any contrivance now known or
hereafter invented, used or designed for navigation of, or flight
in, the air.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.6) (from Ch. 19, par. 852.6)
Sec. 2.6.
"Airport" means any locality, either land or water,
which is used or designed for the landing and taking off of aircraft,
or for the location of runways, landing fields, airdromes,
hangars, buildings, structures, airport roadways and other
facilities.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.7) (from Ch. 19, par. 852.7)
Sec. 2.7.
"Airport Hazard" means any structure, or object of
natural growth, located on or in the vicinity of an airport, or
any use of land near an airport for the landing and take-off of
aircraft.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.8) (from Ch. 19, par. 852.8)
Sec. 2.8.
"Approach" means any path, course or zone defined
by an ordinance of the District or by other lawful regulation, on the
ground or in the air, or both, for the use of aircraft in landing
and taking off from an airport located within the District.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.9) (from Ch. 19, par. 852.9)
Sec. 2.9.
"Commercial Aircraft" means any aircraft other than
public aircraft engaged in the business of transporting persons or
property.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.10) (from Ch. 19, par. 852.10)
Sec. 2.10.
"Private Aircraft" means any aircraft other than public
and commercial aircraft.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.11) (from Ch. 19, par. 852.11)
Sec. 2.11.
"Public Aircraft" means an aircraft used exclusively
in the governmental service of the United States, or of any state
or of any public agency, including military and naval aircraft.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.12) (from Ch. 19, par. 852.12)
Sec. 2.12.
"Public Airport" means an airport owned by a Port District,
an airport authority or other public agency which is used or is intended
for use by public, commercial and private aircraft and by persons
owning, managing, operating or desiring to use, inspect or repair any such
aircraft or to use any such airport for aeronautical purposes.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.13) (from Ch. 19, par. 852.13)
Sec. 2.13.
"Public Interest" means the protection, furtherance and
advancement of the general welfare and of public health and safety
and public necessity and convenience in respect to aeronautics.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.14) (from Ch. 19, par. 852.14)
Sec. 2.14.
"Navigable waters" means any public waters which are
or can be made usable for water commerce.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.15) (from Ch. 19, par. 852.15)
Sec. 2.15.
"Governmental agency" means the Federal, State and
any local governmental body, and any agency or instrumentality,
corporate or otherwise, thereof.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.16) (from Ch. 19, par. 852.16)
Sec. 2.16.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association, or joint
stock association; and includes any trustee, receiver, assignee or
personal representative thereof.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.17) (from Ch. 19, par. 852.17)
Sec. 2.17.
"General obligation bond" means any bond issued by
the District any part of the principal or interest of which bond is
to be paid by taxation.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.18) (from Ch. 19, par. 852.18)
Sec. 2.18.
"Revenue Bond" means any bond issued by the District
the principal and interest of which bond is payable solely from
revenues or income derived from terminals, terminal facilities or
port facilities of the District.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.19) (from Ch. 19, par. 852.19)
Sec. 2.19.
"Board" means the Jackson-Union Counties Port District Board.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.20) (from Ch. 19, par. 852.20)
Sec. 2.20.
"Governor" means the Governor of the State of Illinois.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/2.21) (from Ch. 19, par. 852.21)
Sec. 2.21.
"Mayor" means the mayor, president, or other chief elected
official of the following municipalities, as the case may require: the
City of Grand Tower, the Village of Dowell, the
City of Ava, the City of
Murphysboro, the City of Carbondale, the City
of Anna, the Village of Cobden, the
Village of Makanda, the City of Jonesboro, the Village of Alto Pass, the
Village of
Elkville, the Village of Dongola, the
Village of Campbell Hill, the Village of Mill Creek, the Village of Vergennes,
the Village
of DeSoto, and the Village of
Gorham.
(Source: P.A. 90-655, eff. 7-30-98.)
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(70 ILCS 1820/3) (from Ch. 19, par. 853)
Sec. 3.
There is created a political subdivision, body
politic, and municipal corporation by the name of the Jackson-Union Counties
Regional Port District embracing the territory of Jackson County and Union
County.
Territory may be annexed to the District in the manner hereinafter
provided in this Act.
The District may sue and be sued in its corporate name but execution
shall not in any case issue against any property of the District.
It may adopt a common seal and change the same at pleasure.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/4) (from Ch. 19, par. 854)
Sec. 4.
The Port District has the following rights and powers:
1. To issue permits: for the construction of all wharves, piers,
dolphins, booms, weirs, breakwaters, bulkheads, jetties, bridges or
other structures of any kind, over, under, in, or within 40 feet of
any navigable waters within the Port District; for the deposit of
rock, earth, sand or other material, or any matter of any kind or
description in said waters; except that nothing contained in this
paragraph 1 shall be construed so that it will be deemed necessary
to obtain a permit from the District for the erection, operation or
maintenance of any bridge crossing a waterway which serves as a boundary
between the State of Illinois and any other state, when said erection,
operation or maintenance is performed by any city within the District;
2. To prevent or remove obstructions in navigable waters, including
the removal of wrecks;
3. To locate and establish dock lines and shore or harbor lines;
4. To regulate the anchorage, moorage and speed of water borne
vessels and to establish and enforce regulations for the operation
of bridges, except nothing contained in this paragraph 4 shall be
construed to give the District authority to regulate the operation of
any bridge crossing a waterway which serves as a boundary between
the State of Illinois and any other state, when such operation is
performed or to be performed by any city within the District;
5. To acquire, own, construct, lease, operate and maintain
terminals, terminal facilities and port facilities, and to fix and
collect just, reasonable and nondiscriminatory charges for the use
of such facilities. The charges so collected shall be used to defray
the reasonable expenses of the Port District and to pay the principal
of and interest on any revenue bonds issued by the District;
6. To locate, establish and maintain a public airport, public
airports and public airport facilities within its corporate limits
or within or upon any body of water adjacent thereto, and to
construct, develop, expand, extend and improve any such airport
or airport facility;
7. To operate, maintain, manage, lease, sublease, and to make
and enter into contracts for the use, operation or management of,
and to provide rules and regulations for, the operation, management
or use of, any public airport or public airport facility;
8. To fix, charge and collect reasonable rentals, tolls, fees,
and charges for the use of any public airport, or any part thereof,
or any public airport facility;
9. 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 airports
or with the safe approach thereto or takeoff therefrom by aircraft, and
to pay the cost of removal or relocation; and, subject to the "Airport
Zoning Act", approved July 17, 1945, as amended, to adopt, administer
and enforce airport zoning regulations for territory which is
within its corporate limits or which extends not more than 2 miles
beyond its corporate limits;
10. To restrict the height of any object of natural growth or
structure or structures within the vicinity of any airport or
within the lines of an approach to any airport and, when necessary,
for the reduction in the height of any such existing object or
structure, to enter into an agreement for such reduction or to
accomplish same by condemnation;
11. To agree with the State or federal governments or with any
public 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 or
agency and to pay all or an agreed portion of the cost of such
removal or relocation;
12. For the prevention of accidents, for the furtherance
and protection of public health, safety and convenience in respect
to aeronautics, for the protection of property and persons within
the District from any hazard or nuisance resulting from the flight of
aircraft, for the prevention of interference between, or collision of,
aircraft while in flight or upon the ground, for the prevention or
abatement of nuisances in the air or upon the ground or for the extension
of increase in the usefulness or safety of any public airport or public
airport facility owned by the District, the District may regulate and
restrict the flight of aircraft while within or above the incorporated
territory of the District;
13. To police its physical property only and all waterways and
to exercise police powers in respect thereto or in respect to the
enforcement of any rule or regulation provided by the ordinances
of the District and to employ and commission police officers and
other qualified persons to enforce the same. The use of any such public
airport or public airport facility of the District shall be subject
to the reasonable regulation and control of the District and upon
such reasonable terms and conditions as shall be established by its Board. A
regulatory ordinance of the District adopted under any provisions
of this Section may provide for a suspension or revocation of any
rights or privileges within the control of the District for a
violation of any such regulatory ordinance. Nothing in this
Section or in other provisions of this Act shall be construed
to authorize the Board to establish or enforce any regulation or
rule in respect to aviation, or the operation or maintenance of any airport
facility within its jurisdiction, which is in conflict with any
federal or state law or regulation applicable to the same subject
matter;
14. To enter into agreements with the corporate authorities or
governing body of any other municipal corporation or any political
subdivision of this State to pay the reasonable expense of services
furnished by such municipal corporation or political subdivision for
or on account of income producing properties of the District;
15. To enter into contracts dealing in any manner with the objects
and purposes of this Act;
16. To acquire, own, lease, sell or otherwise dispose of
interests in and to real property and improvements situated
thereupon and in personal property necessary to fulfill the
purposes of the District;
17. To designate the fiscal year for the District;
18. To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to
accomplish the District's primary purpose;
19. To build, construct, repair and maintain levees;
20. To enter into agreements with banks and other lending institutions
guaranteeing the contract performance of a person or other business entity
doing or planning to do business in the Jackson County and Union County
area;
21. To make and give grants to a person or business entity doing or
planning to do business in the Jackson County and Union County area;
22. To acquire, own, construct, lease, operate, and maintain industrial
plants
and facilities, including, but not limited to, ethanol plants and facilities,
and the by-products therefrom, within the confines of Jackson County and Union
County. The charges so collected shall be used to defray the reasonable
expenses of the Port District and to pay the principal and interest of any
revenue bonds issued by the district.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 1820/4.1) (from Ch. 19, par. 854.1)
Sec. 4.1.
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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(70 ILCS 1820/5) (from Ch. 19, par. 855)
Sec. 5. The District has power to acquire and accept by
purchase, lease, gift, grant or otherwise any property and
rights useful for its purposes and to provide for the development
of channels, ports, harbors, airports, airfields, terminals,
port facilities and terminal facilities adequate to serve the needs
of commerce within the District. The District shall also have the power to
acquire and accept, by purchase, lease, gift, grant, or otherwise, any property
and rights useful for its purpose, and to provide for the development,
ownership, and construction of industrial sites, plants, and facilities,
including, but not limited to, plants and facilities for ethanol and its
by-products. The District may acquire real or
personal property or any rights therein in the manner, as near as may
be, as is provided for the exercise of the right of eminent domain
under the Eminent Domain Act; except that no rights or property of any kind
or character now or hereafter owned, leased, controlled or operated
and used by, or necessary for the actual operations of, any common
carrier engaged in interstate commerce, or of any other public
utility subject to the jurisdiction of the Illinois Commerce Commission,
shall be taken or appropriated by the District without first obtaining
the approval of the Illinois Commerce Commission. Notwithstanding
the provisions of any other Section of this Act, the District
shall have full power and authority to lease any or all of its
facilities for operation and maintenance to any person for such
length of time and upon such terms as the District shall deem necessary.
Also the District may lease to others for any period of time,
not to exceed 99 years, upon such terms as its Board may
determine, any of its real property, rights of way or privileges,
or any interest therein, or any part thereof, for industrial,
manufacturing, commercial or harbor purposes, which is in the opinion
of the Port District Board no longer required for its primary
purposes in the development of port and harbor facilities for the
use of public transportation, or which may not be immediately
needed for such purposes, but where such leases will in the
opinion of the Port District Board aid and promote such
purposes, and in conjunction with such leases, the District may
grant rights of way and privileges across the property of the District,
which rights of way and privileges may be assignable and irrevocable
during the term of any such lease and may include the right to enter
upon the property of the District to do such things as may be
necessary for the enjoyment of such leases, rights of way and
privileges, and such leases may contain such conditions and retain
such interest therein as may be deemed for the best interest of the
District by such Board.
Also, the District shall have the right to grant easements and
permits for the use of any such real property, rights of way
or privileges which in the opinion of the Board will not interfere
with the use thereof by the District for its primary purposes and
such easements and permits may contain such conditions and retain such
interest therein as may be deemed for the best interest of the District
by the Board.
With respect to any and all leases, easements, rights of way,
privileges and permits made or granted by the Board, the
Board may agree upon and collect the rentals, charges and fees that
may be deemed for the best interest of the District. Such
rentals, charges and fees shall be used to defray the reasonable
expenses of the District and to pay the principal of and interest on
any revenue bonds issued by the District.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1820/5.05) Sec. 5.05. 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.) |
(70 ILCS 1820/5.1) (from Ch. 19, par. 855.1)
Sec. 5.1.
The District is authorized and empowered to establish,
organize, own, acquire, participate in, operate, sell
and transfer Export Trading Companies, whether as shareholder, partner,
or co-venturer, alone or in cooperation with federal, state or local
governmental authorities, federal, state or national banking associations,
or any other public or private corporation or person or persons. The term
"Export Trading Companies" means a person, partnership, association, public
or private corporation or similar organization, whether operated for profit
or not for profit, which is organized and operated principally for purposes
of exporting goods or services produced in the United States, importing
goods or services produced in foreign countries, conducting third-country
trading or facilitating such trade by providing one or more services in
support of such trade. Such Export Trading Companies and all of the
property thereof, wholly or partly owned, directly or indirectly, by the
District, shall have the same privileges and immunities as accorded to the
District; and Export Trading Companies may borrow money or obtain financial
assistance from private lenders or federal and state governmental
authorities or issue general obligation and revenue bonds with the same
kinds of security, and in accordance with the same procedures, restrictions
and privileges applicable when the District obtains financial assistance or
issues bonds for any of its other authorized purposes. Such Export Trading
Companies are authorized, if necessary or desirable, to apply for
certification under Title II or Title III of the Export Trading Company Act of 1982.
(Source: P.A. 84-993.)
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(70 ILCS 1820/6) (from Ch. 19, par. 856)
Sec. 6.
The District has power to apply for and accept grants,
loans, or appropriations from the Federal Government or any agency or
instrumentality thereof to be used for any of the purposes of the
District and to enter into any agreements with the Federal
Government in relation to such grants, loans or appropriations.
The District may petition any federal, state, municipal, or local
authority, administrative, judicial and legislative, having jurisdiction
in the premises, for the adoption and execution of any physical
improvement, change in method or system of handling freight, warehousing,
docking, lightering, and transfer of freight, which in the opinion of
the District is designed to improve or better the handling of commerce
in and through the Port District or improve terminal or transportation
facilities therein.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/7) (from Ch. 19, par. 857)
Sec. 7.
The District has power to procure and enter into
contracts for any type of insurance or indemnity against loss or
damage to property from any cause, including loss of use and
occupancy, against death or injury of any person, against employers'
liability, against any act of any member, officer, or employee of
the District in the performance of the duties of his office or employment
or any other insurable risk.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/8) (from Ch. 19, par. 858)
Sec. 8.
The District has the continuing power to borrow money and
issue either general obligation bonds after approval by referendum as
hereinafter provided or revenue bonds without referendum approval for
the purpose of acquiring, constructing, reconstructing, extending or
improving terminals, terminal facilities, airfields, airports and port
facilities, and for acquiring necessary cash working funds.
The District may pursuant to ordinance adopted by the Board and
without submitting the question to referendum from time to time issue
and dispose of its interest bearing revenue bonds and may also in the
same manner from time to time issue and dispose of its interest bearing
revenue bonds to refund any revenue bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof.
If the Board desires to issue general obligation bonds it shall adopt an
ordinance specifying the amount of bonds to be issued, the purpose for which
they will be issued, the maximum rate of interest they will bear which shall
not be more than 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. Such interest may be paid semiannually.
The ordinance shall also specify the date of maturity which shall not be
more than 20 years after the date of issuance and shall levy a tax that
will be required to amortize such bonds. This ordinance shall not be effective
until it has been submitted to referendum of, and approved by, the legal
voters of the District. The
Board shall certify its ordinance and the proposition to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the general election law. If a majority of the vote on
the proposition is in favor of the issuance of such general obligation bonds
the county clerks shall annually extend taxes against all taxable property
within the District at a rate sufficient to pay the maturing principal and
interest of these bonds.
The proposition shall be in substantially the following
form:
Shall general obligationbonds in the amount of $.....be issued by the Jackson-Union YESCounties Regional Port Districtfor the purpose of ........., maturing in not more than ...%interest, and a tax levied to NOpay the principal andinterest thereof?
(Source: P.A. 82-902.)
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(70 ILCS 1820/9) (from Ch. 19, par. 859)
Sec. 9.
All revenue bonds shall be payable solely from the revenues or
income to be derived from the terminals, terminal facilities, airfields,
airports or port facilities or any part thereof. The bonds may bear such
date or dates and may mature at such time or times not exceeding 40 years
from their respective dates, all as may be provided in the ordinance authorizing
their issuance. All bonds, whether revenue or general obligation, may bear
interest at such rate or rates 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. Such interest may
be paid semiannually. All such bonds may be in such form, may carry such
registration privileges, may be executed in such manner, may be payable
at such place or places, may be made subject
to redemption in such manner and upon such terms, with or without premium
as is stated on the face thereof, may be authenticated in such manner and
may contain such terms and covenants, all as may be provided in the ordinance
authorizing issuance.
The holder or holders of any bonds or interest coupons appertaining
thereto issued by the District may bring civil actions to compel the
performance and observance by the District or any of its officers,
agents or employees of any contract or covenant made by the District
with the holders of such bonds or interest coupons and to compel the
District and any of its officers, agents or employees to perform any
duties required to be performed for the benefit of the holders of any
such bonds or interest coupons by the provision in the ordinance
authorizing their issuance, and to enjoin the District and any of its
officers, agents or employees from taking any action in conflict with
any such contract or covenant, including the establishment of charges,
fees and rates for the use of facilities as hereinafter provided.
Notwithstanding the form and tenor of any bond, whether revenue or
general obligation, and in the absence of any express recital on the
face thereof that it is nonnegotiable, all such bonds shall be
negotiable instruments. Pending the preparation and execution of any
such bonds, temporary bonds may be issued with or without interest
coupons as may be provided by ordinance.
(Source: P.A. 82-902.)
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(70 ILCS 1820/10) (from Ch. 19, par. 860)
Sec. 10.
All bonds, whether general obligation or revenue,
shall be issued and sold by the Board in such manner as the Board
shall determine. However, if any bonds are issued to bear interest at the
maximum rate of interest allowed by Section 8 or 9, whichever may be
applicable, the bonds shall be sold for not less than par and accrued
interest. The selling price of bonds bearing interest at a rate less than
the maximum allowable interest rate per annum shall be such that the interest
cost to the District of the money received from the bond sale shall not
exceed the maximum annual interest rate allowed by Section 8 or 9, whichever
may be applicable, computed to absolute maturity of such bonds according
to standard tables of bond values.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/11) (from Ch. 19, par. 861)
Sec. 11.
Upon the issue of any revenue bonds as herein provided the
Board shall fix and establish rates, charges and fees for the use of
facilities acquired, constructed, reconstructed, extended or improved with
the proceeds derived from the sale of said revenue bonds sufficient at all
times with other revenues of the District, if any, to pay: (a) the cost
of maintaining, repairing, regulating and operating the said facilities; and
(b) the bonds and interest thereon as they become due, and all sinking
fund requirements and other requirements provided by the ordinance authorizing
the issuance of the bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all revenue bonds and for the
purpose of setting forth the covenants and undertaking of the District in
connection with the issuance of revenue bonds and the issuance of any
additional revenue bonds payable from such revenue income to be derived from
the terminals, terminal facilities, airports, airfields and port facilities
the District may execute and deliver a trust agreement or agreements except
that no lien upon any physical property of the District shall be created
thereby. A remedy for any breach or default of the terms of any such trust
agreement by the District may be by mandamus proceedings in any court of
competent jurisdiction to compel performance and compliance therewith,
but the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/12) (from Ch. 19, par. 862)
Sec. 12.
Under no circumstances shall any bonds issued by the District
or any other obligation of the District be or become an indebtedness or
obligation of the State of Illinois or of any other political subdivision
of or municipality within the State.
No revenue bond shall be or become an indebtedness of the District
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each revenue bond that it does not
constitute such an indebtedness, or obligation but is payable solely from
the revenues or income derived from terminals, terminal facilities, airports,
airfields and port facilities.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/13) (from Ch. 19, par. 863)
Sec. 13.
The Board may, after referendum approval, levy a tax for
corporate purposes of the District annually at the rate approved by
referendum, but which rate shall not exceed .05% of the value of all
taxable property within the Port District as equalized or assessed by
the Department of Revenue.
If the Board desires to levy such a tax it shall order that the question
be submitted at a referendum to be held within the District. The Board
shall certify its order and the proposition to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the general election law. The Board shall cause the result
of the referendum to be entered upon the records of the Port
District. If a majority of the vote on the proposition is in favor of the
proposition, the
Board may annually thereafter levy a tax for corporate purposes at a
rate not to exceed that approved by referendum but in no event to exceed
.05% of the value of all taxable property within the District as
equalized or assessed by the Department of Revenue.
The proposition shall be in substantially the following
form:
Shall the Jackson-Union CountiesRegional Port District levy a YEStax for corporate purposes annuallyat a rate not to exceed ..% of the value of taxable property asequalized or assessed by the NODepartment of Revenue?
(Source: P.A. 81-1489; 81-1509.)
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(70 ILCS 1820/14) (from Ch. 19, par. 864)
Sec. 14.
It is unlawful to make any fill or deposit of rock, earth,
sand, or other material, or any refuse matter of any kind or description,
or build or commence the building of any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, jetty, bridge, or other structure over, under, or
within 40 feet of any navigable waters within the Port District without
first submitting the plans, profiles, and specifications therefor, and
such other data and information as may be required, to the Port District
and receiving a permit therefor; and any person, corporation, company,
city or municipality or other agency, which shall do any of the things
above prohibited, without securing a permit therefor as above provided, shall
be guilty of a Class A misdemeanor; provided, however, that no such permit
shall be required in the case of any project for which a permit shall have been
secured from a proper governmental agency prior to the creation of the Port
District nor shall any such permit be required in the case of any project
to be undertaken by any city, village or incorporated town in the District,
or any combination thereof, for which a permit is required from a governmental
agency other than the District before the municipality can proceed with such
project. And in such event, such municipalities, or any of them, shall give
at least 10 days' notice to the District of the application for a permit for
any such project from a governmental agency other than the District so that
the District may be present and represent its position relative to such
application before such other governmental agency. Any structure, fill or
deposit erected or made in any of the public bodies of water within the
Port District, in violation of the provisions of this Section, is a purpresture
and may be abated as such at the expense of the person, corporation, company,
municipality or other agency responsible therefore, or if, in the discretion
of the Port District, it is decided that such structure, fill or deposit
may remain, the Port District may fix such rule, regulation, requirement,
restrictions, or rentals or require and compel such changes, modifications
and repairs as shall be necessary to protect the interest of the Port District.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/15) (from Ch. 19, par. 865)
Sec. 15.
On the effective date of this amendatory Act of the 97th General Assembly, the terms of office of the members of the Board appointed pursuant to this Act shall terminate and the board reconstituted. After the effective date of this amendatory Act of the 97th General Assembly, the governing and administrative body of the Port District
shall be a Board consisting of 7 members, to be known as the Jackson-Union Counties
Regional Port District Board. All members of the Board appointed by the
Governor shall be residents
of the District. Every member of the Board appointed by a unit of local
government after the effective date of this amendatory Act of 1981 shall
be a resident of the appointing unit of local government. The members of
the Board shall serve without compensation
but shall be reimbursed for actual expenses incurred by them in the performance
of their duties. However, any member of the Board who is appointed to the office
of secretary or treasurer may receive compensation for his services as such officer.
No member of the Board or employee of the District shall have
any private financial interest, profit or benefit in any contract, work or
business of the District nor in the sale or lease of any property to or
from the District.
(Source: P.A. 97-996, eff. 8-17-12.)
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(70 ILCS 1820/16) (from Ch. 19, par. 866) Sec. 16. Appointment; vacancies. The Governor shall appoint 3 members of the Board and each County Board of Jackson County and Union County
shall appoint 2 members of the Board. All initial appointments shall be
made within 60 days after this Act takes effect. Of this amendatory Act of the 97th General Assembly, of the 3 members initially
appointed by the Governor one shall be appointed for an initial term expiring
June 1, 2014, and 2 for an initial term expiring June 1, 2015. Of the 4 members initially appointed by the County Boards, 2 shall be appointed for an initial term expiring June 1, 2014, and 2 for an initial term expiring June 1, 2015. At the expiration of the term of any member,
his or her successor shall be appointed by the Governor
or the respective County Boards in like manner and with like regard to
place of residence of the appointee, as in the case of appointments for
the initial terms. After the expiration of initial terms, each successor shall hold office
for the term of 3 years beginning the first day of June of the year in which
the term of office commences. In the case of a vacancy during the term
of office of any member appointed by the Governor, the Governor shall make
an appointment for the remainder of the term vacant and until a successor
is appointed and qualified. In case of a vacancy during the term of office
of any member appointed by a County Board, the proper County Board shall
make an appointment for the remainder of the term vacant and until a successor
is appointed and qualified. The Governor and each County Board
shall certify their respective appointments to the Secretary of State.
Within 30 days after certification of his or her appointment, and before entering
upon the duties of his or her office, each member of the Board shall take and
subscribe
the constitutional oath of
office and file it in the office of the Secretary of State. Every person appointed to the Board after the effective date
of this amendatory Act of 1981 shall be a resident of the unit of
local government which makes the appointment. Persons appointed
by the Governor shall reside in the district.(Source: P.A. 96-1015, eff. 7-8-10; 97-996, eff. 8-17-12.) |
(70 ILCS 1820/17) (from Ch. 19, par. 867)
Sec. 17. Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may resign from
his office to take effect when his successor has been appointed and has
qualified. The Governor and each County Board, respectively,
may remove any member of the Board they have appointed in case of incompetency,
neglect of duty or malfeasance in office. They shall give such member a
copy of the charges against him and an opportunity to be publicly heard
in person or by counsel
in his own defense upon not less than 10 days' notice. In case of failure
to qualify within the time required, or of abandonment of his office, or
in case of death, conviction of a felony or removal from office, the office
of such member shall become vacant. Each vacancy shall be filled for the
unexpired term by appointment in like manner as in case of expiration of
the term of a member of the Board.
(Source: P.A. 97-996, eff. 8-17-12.)
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(70 ILCS 1820/18) (from Ch. 19, par. 868)
Sec. 18.
As soon as possible after the appointment of the initial members,
the Board shall organize for the transaction of business, select a chairman
and a temporary secretary from its own number, and adopt bylaws and regulations
to govern its proceedings. The initial chairman and successors shall be
elected by the Board from time to time for the term of his office as a member
of the Board.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/19) (from Ch. 19, par. 869)
Sec. 19. Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of such meetings to be fixed by
the Board. Four members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 4 members shall be necessary
for the adoption of any ordinance or resolution. All such ordinances and
resolutions before taking effect shall be approved by the chairman of the
Board, and if he approves thereof he shall sign the same, and such as he
does not approve he shall return to the Board with his objections thereto
in writing at the next regular meeting of the Board occurring after the
passage thereof. But in the case the chairman fails to return any ordinance
or resolution with his objections thereto by the time aforesaid, he shall
be deemed to have approved the same and it shall take effect accordingly.
Upon the return of any ordinance or resolution by the chairman with his
objections, the vote by which the same was passed shall be reconsidered
by the Board, and if upon such reconsideration said ordinance or resolution
is passed by the affirmative vote of at least 5 members, it shall go into
effect notwithstanding the veto of the chairman. All ordinances, resolutions
and all proceedings of the District and all documents and records in its
possession shall be public records, and open to public inspection, except
such documents and records as are kept or prepared by the Board for use
in negotiations, legal actions or proceedings to which the District is a party.
(Source: P.A. 97-996, eff. 8-17-12.)
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(70 ILCS 1820/20) (from Ch. 19, par. 870)
Sec. 20.
The Board shall appoint a secretary and a treasurer, who need
not be members of the Board, to hold office during the pleasure of the Board,
and fix their duties and compensation. The secretary and treasurer shall
be residents of the District. Before entering upon the duties of their
respective offices they shall take and subscribe the constitutional oath
of office, and the treasurer shall execute a bond with corporate sureties
to be approved by the Board. The bond shall be payable to the District
in whatever penal sum may be directed by the Board conditioned upon the
faithful performance of the duties of the office and the payment of all
money received by him according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer in such penal
sum as may then be determined by the Board. The obligation of the sureties
shall not extend to any loss sustained by the insolvency, failure or closing
of any savings and loan association or national or State bank wherein
the treasurer has deposited funds if the bank or savings and loan association
has been approved by the Board as a depositary for these funds.
The oaths of office and the treasurer's bond shall be filed in the principal
office of the District.
(Source: P.A. 83-541.)
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(70 ILCS 1820/21) (from Ch. 19, par. 871)
Sec. 21.
All funds deposited by the treasurer in any bank or savings
and loan association shall be placed in the name of the District and shall
be withdrawn or paid out only by check or draft upon the bank or savings
and loan association, signed by the treasurer and countersigned by the
chairman of the Board. Subject to prior approval of such designations by
a majority of the Board, the chairman may designate any other Board member
or any officer of the District to affix the signature of the chairman and
the treasurer may designate any other officer of the District to affix the
signature of the treasurer to any check or draft for payment of salaries
or wages and for payment of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(70 ILCS 1820/22) (from Ch. 19, par. 872)
Sec. 22.
In case any officer whose signature appears upon any check or
draft issued pursuant to this Act, ceases to hold his office before the
delivery thereof to the payee, his signature nevertheless shall be valid
and sufficient for all purposes with the same effect as if he had remained
in office until delivery thereof.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/23) (from Ch. 19, par. 873)
Sec. 23.
The Board may appoint a general manager who shall be a person
of recognized ability and business experience to hold office during the
pleasure of the Board. The general manager shall have management of the
properties and business of the District and the employees thereof subject
to the general control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board, and shall perform
such other duties as may be prescribed from time to time by the Board.
The Board may appoint a general attorney and a chief engineer, and shall
provide for the appointment of other officers, attorneys, engineers, consultants,
agents and employees as may be necessary. It shall define their duties
and may require bonds of such of them as the Board may designate. The
general manager, general attorney, chief engineer, and all other officers
provided for pursuant to this Section shall be exempt from taking and subscribing
any oath of office and shall not be members of the Board. The compensation
of the general manager, general attorney, chief engineer, and all other
officers, attorneys, consultants, agents and employees shall be fixed by the Board.
(Source: P.A. 81-257.)
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(70 ILCS 1820/24) (from Ch. 19, par. 874)
Sec. 24.
The Board has power to pass all ordinances and make all rules
and regulations proper or necessary, and to carry into effect the powers
granted to the District, with such fines or penalties as may be deemed proper.
All fines and penalties shall be imposed by ordinances, which shall be published
in a newspaper of general circulation in the area embraced by the District.
No such ordinance shall take effect until 10 days after its publication.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/25) (from Ch. 19, par. 875)
Sec. 25.
Within 60 days after the end of each fiscal year, the Board shall
cause to be prepared and printed a complete and detailed report and financial
statement of the operations and assets and liabilities of the Port District.
A reasonably sufficient number of copies of such report shall be printed
for distribution to persons interested, upon request, and a copy thereof
shall be filed with the
Governor and the county clerks and the presiding officer of the county boards
of Jackson and Union counties. A copy of such report shall be addressed
to and mailed to the corporate authorities of each municipality within the
area of the District.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/26) (from Ch. 19, par. 876)
Sec. 26.
The Board may investigate conditions in which it has an interest
within the area of the District, the enforcement of its ordinances, rules
and regulations, and the action, conduct and efficiency of all officers,
agents and employees of the District. In the conduct of such investigations
the Board may hold public hearings on its own motion, and shall do so on
complaint of any municipality within the District. Each
member of the Board shall have power to administer oaths, and the secretary,
by order of the Board, shall issue subpoenas to secure the attendance and
testimony of witnesses, and the production of books and papers relevant
to such investigations and to any hearing before the Board or any member thereof.
Any circuit court of this State, upon application
of the Board, or any member thereof, may in its discretion compel
the attendance of witnesses, the production of books and papers, and giving
of testimony before the Board or before any member thereof or any officers' committee
appointed by the Board, by attachment for contempt or otherwise in the same
manner as the production of evidence may be compelled before the court.
(Source: P.A. 83-334.)
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(70 ILCS 1820/27) (from Ch. 19, par. 877)
Sec. 27.
All final administrative decisions of the Board hereunder shall
be subject to judicial review pursuant to the provisions of the Administrative
Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(70 ILCS 1820/28) (from Ch. 19, par. 878)
Sec. 28.
In the conduct of any investigation authorized by Section 26
the Port District shall, at its expense, provide a stenographer to take
down all testimony and shall preserve a record of such proceedings. The
notice of hearing, complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony
and the orders or decision of the Board constitutes the record of such proceedings.
The Port District is not required to certify any record or file any answer
or otherwise appear in any proceeding for judicial review of an administrative
decision unless the party asking for review deposits with the clerk of the
court the sum of 75 cents per page of the record representing the costs
of such certification. Failure to make such deposit is grounds for dismissal
of the action.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/29) (from Ch. 19, par. 879)
Sec. 29.
If any provision of this Act is held invalid such provision shall
be deemed to be excised from this Act and the invalidity thereof shall
not affect any of the other provisions of this Act. If the application
of any provision of this Act to any person or circumstance is held invalid
it shall not affect the application to such persons or circumstances other
than those as to which it is invalid. The provisions of this Act shall
not be considered as impairing, altering, modifying, repealing or superseding
any of the jurisdiction or powers of the Illinois Commerce Commission or
of the Department of Natural Resources under the Rivers, Lakes, and Streams
Act.
Nothing in this Act or done under its authority shall apply to, restrict,
limit or interfere with the use of any terminal facility or port facility
owned or operated by any private person for the storage or handling or transfer
of any commodity moving in interstate commerce or the use of the land and
facilities of a common carrier or other public utility and the space above
such land and facilities in the business of such common carrier or other
public utility, without approval of the Illinois Commerce Commission and
without the payment of just compensation to any such common carrier or other
public utility for damages resulting from any such restriction, limitation,
or interference.
(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 1820/30) (from Ch. 19, par. 880)
Sec. 30.
The provisions of the Illinois Municipal Code, or the provisions
of "An Act in relation to airport authorities", approved April 4, 1945,
as amended, or the provisions of "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, as amended, or the provisions
of "An Act to authorize counties having less than 500,000 population to
acquire, construct, improve, repair, maintain and operate certain airports,
to charge for the use thereof and repealing a certain act herein named",
approved July 17, 1945, as amended, or the provisions of "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 financing thereof", approved
July 22, 1943, as amended, shall not be effective within the area of the
District insofar as the provisions of said Acts conflict with the provisions
of this Act or grant substantially the same powers to any municipal corporation
or political subdivision as are granted to the District by this Act.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/31) (from Ch. 19, par. 881)
Sec. 31.
Territory which is contiguous to the District and which is not
included within any other port district may be annexed to and become a part
of the District in the manner provided in Section 32 or 33 whichever may be applicable.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/32) (from Ch. 19, par. 882)
Sec. 32.
At least 5% of the legal voters resident within the limits
of such proposed addition to the District shall petition the circuit
court for the county in which the major part of the District is
situated, to cause the question to be submitted to the legal voters of
such proposed additional territory shall become a part of the District
and assume a proportionate share of the general obligation bonded
indebtedness, if any, of the District. Such petition shall be addressed
to the court and shall contain a definite description of the boundaries
of the territory to be embraced in the proposed addition.
Upon filing any such petition with the clerk of the court, the court shall
fix a time and place for a hearing upon the subject of the petition.
Notice shall be given by the court to whom the petition is addressed, or
by the circuit clerk or sheriff of the county in which such petition is
made at the order and direction of the court, of the time and place of the
hearing upon the subject of the petition at least 20 days prior thereto
by at least one publication thereof in any newspaper having general circulation
within the area proposed to be annexed, and by mailing a copy of such notice
to the mayor or president of the board of trustees of all cities, villages
and incorporated towns within the District.
At the hearing all persons residing in or owning property situated in
the area proposed to be annexed to the District may appear and be heard
touching upon the sufficiency of the petition. If the court finds that
the petition does not comply with the requirements of the
law, the court
shall dismiss the petition; but if the court finds that the petition
is sufficient the court
shall certify the proposition to the proper election officials, who shall
submit the proposition to the voters at an election in accordance with the
general election law.
In addition to the requirements of the general election law, the
notice of the referendum shall specify its purpose together
with a description of the area proposed to be annexed to
the District.
Each legal voter resident within the area proposed to be annexed to the
District shall have the right to cast a ballot at such election. The proposition
shall be in substantially
the following form:
For joining the Jackson-Union CountiesRegional Port District and assuming aproportionate share of general obligation bondedindebtedness, if any. Against joining the Jackson-Union CountiesRegional Port District and assuming aproportionate share of general obligationbonded indebtedness, if any.
The court shall cause a statement of the result of such
election to be spread upon the records of the court.
If a majority of the votes cast upon the question of
annexation to the District are in favor of becoming a part of such
District, the court shall then enter an order stating that such
additional territory shall thenceforth be an integral part of the
Jackson-Union Counties Regional Port District and subject to all of the
benefits of service and responsibilities of the District. The Circuit
Clerk shall transmit a certified copy of the order to the circuit clerk
of any other county in which any of the territory affected is situated.
(Source: P.A. 81-1489.)
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(70 ILCS 1820/33) (from Ch. 19, par. 883)
Sec. 33.
If there is territory contiguous to the District which has
no legal voters residing therein, a petition to annex such territory, signed
by all the owners of record of such territory may be filed with the circuit
court for the county in which the major part of the District is situated.
A time and place for a hearing on the subject of the petition shall be fixed
and notice thereof shall be given in the manner provided in Section 32.
At such hearing any owner of land in the territory proposed to be annexed,
the District and any resident of the District may appear and be heard touching
on the sufficiency of the petition. If the court finds that the petition
satisfies the requirements of this Section it shall enter an order stating
that thenceforth such territory shall be an integral part of the Jackson-Union
Counties Regional Port District and subject to all of the benefits of service
and responsibilities, including the assumption of a proportionate share
of the general obligation bonded indebtedness, if any, of the District.
The circuit clerk shall transmit a certified copy of the order of the court
to the circuit clerk of any other county in which the annexed territory is situated.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/34) (from Ch. 19, par. 884)
Sec. 34.
All property of every kind owned by the Port District shall be
exempt from taxation. However, a tax may be levied upon a lessee of the
Port District by reason of the value of a leasehold estate separate and
apart from the fee simple title, or upon such improvements as are constructed
and owned by others than the Port District.
(Source: P.A. 79-1475.)
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(70 ILCS 1820/35) (from Ch. 19, par. 885)
Sec. 35.
All property of the Port District shall be public grounds owned
by a municipal corporation and used exclusively for public purposes within
the tax exemption provisions of Sections 15-10, 15-15, 15-20, 15-30, 15-75,
15-140, 15-155, and 15-160 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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