(70 ILCS 1835/1) (from Ch. 19, par. 701)
Sec. 1.
This Act shall be known and may be cited as the "Mt. Carmel Regional
Port District Act".
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2) (from Ch. 19, par. 702)
Sec. 2.
When used in this Act, unless the context otherwise requires, the terms
set out in Section 2.1 through 2.21 have the meaning ascribed to them in
those Sections.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.1) (from Ch. 19, par. 702.1)
Sec. 2.1.
"District" or "Port District" means the Mt. Carmel Regional Port
District created by this Act.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.2) (from Ch. 19, par. 702.2)
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. 76-1788.)
|
(70 ILCS 1835/2.3) (from Ch. 19, par. 702.3)
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 and industrial,
manufacturing or commercial activities 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. 76-1788.)
|
(70 ILCS 1835/2.4) (from Ch. 19, par. 702.4)
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. 76-1788.)
|
(70 ILCS 1835/2.5) (from Ch. 19, par. 702.5)
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. 76-1788.)
|
(70 ILCS 1835/2.6) (from Ch. 19, par. 702.6)
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. 76-1788.)
|
(70 ILCS 1835/2.7) (from Ch. 19, par. 702.7)
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 which is hazardous to the use of such airport for the landing and
take-off of aircraft.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.8) (from Ch. 19, par. 702.8)
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. 76-1788.)
|
(70 ILCS 1835/2.9) (from Ch. 19, par. 702.9)
Sec. 2.9.
"Commercial aircraft" means any aircraft other than public aircraft
engaged in the business of transporting persons or property.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.10) (from Ch. 19, par. 702.10)
Sec. 2.10.
"Private aircraft" means any aircraft other than public and commercial
aircraft.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.11) (from Ch. 19, par. 702.11)
Sec. 2.11.
"Public aircraft" means any 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. 76-1788.)
|
(70 ILCS 1835/2.12) (from Ch. 19, par. 702.12)
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. 76-1788.)
|
(70 ILCS 1835/2.13) (from Ch. 19, par. 702.13)
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. 76-1788.)
|
(70 ILCS 1835/2.14) (from Ch. 19, par. 702.14)
Sec. 2.14.
"Navigable waters" means any public waters which are or can be made
usable for water commerce.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.15) (from Ch. 19, par. 702.15)
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. 76-1788.)
|
(70 ILCS 1835/2.16) (from Ch. 19, par. 702.16)
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. 76-1788.)
|
(70 ILCS 1835/2.17) (from Ch. 19, par. 702.17)
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. 76-1788.)
|
(70 ILCS 1835/2.18) (from Ch. 19, par. 702.18)
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 ports, harbors, airports, airfields, terminals, port facilities,
terminal facilities, aquariums, museums, planetariums, climatrons or any
other building or facilities of the District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.19) (from Ch. 19, par. 702.19)
Sec. 2.19.
"Board" means the Mt. Carmel Regional Port District Board.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.20) (from Ch. 19, par. 702.20)
Sec. 2.20.
"Governor" means the Governor of the State of Illinois.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/2.21) (from Ch. 19, par. 702.21)
Sec. 2.21.
"City" means any city, village, incorporated town or civil township
located within the District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/3) (from Ch. 19, par. 703)
Sec. 3.
There is created a political subdivision, body politic and municipal
corporation by the name of Mt. Carmel Regional Port District which shall
embrace, include and consist of the territory within the corporate limits
of the City of Mt. Carmel as those corporate limits exist on the effective
date of this Act. 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 of
the property or assets of the District. The District may adopt a common
seal and change the same at its pleasure.
All property of every kind belonging to the District shall be exempt
from taxation, provided that taxes may be assessed and levied upon a lessee
of the District by reason of the value of a leasehold estate separate and
apart from the fee and upon such improvements as are constructed and owned
by others than the District. All property of the District shall be
construed as constituting public property owned by a municipal corporation
and used exclusively for public purposes within Section
15-155 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
|
(70 ILCS 1835/4) (from Ch. 19, par. 704)
Sec. 4.
It is declared that the main purpose of this Act is to promote
industrial, commercial and transportation facilities, thereby reducing the
evils attendant upon unemployment and thereby enhancing the public health,
safety, morals and general welfare of this State.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5) (from Ch. 19, par. 705)
Sec. 5.
The Port District has the rights and powers set out in Section 5.1
through 5.22.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.1) (from Ch. 19, par. 705.1)
Sec. 5.1.
To make an investigation of conditions within the Port District and to
prepare and adopt a comprehensive plan for the development of port
facilities for the Port District. In preparing and recommending changes and
modifications in existing harbor facilities, or a comprehensive plan for
the development of such port facilities, the Port District if it deems
desirable may set aside and allocate an area or areas, within the lands
owned by it, to be leased to private parties for industrial, manufacturing,
commercial, or harbor purposes, where such area or areas in the opinion of
the Board, are not required for primary purposes in the development of
harbor and port facilities for the use of public water and land
transportation, or will not be needed immediately for such purposes, and
where such leasing in the opinion of the Board will aid and promote the
development of terminal and port facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.2) (from Ch. 19, par. 705.2)
Sec. 5.2.
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 Section 5.2 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.3) (from Ch. 19, par. 705.3)
Sec. 5.3.
To prevent or remove obstructions in navigable waters, including the
removal of wrecks.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.4) (from Ch. 19, par. 705.4)
Sec. 5.4.
To locate and establish dock lines and shore or harbor lines.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.5) (from Ch. 19, par. 705.5)
Sec. 5.5.
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 Section 5.5 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 by any city within the
District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.6) (from Ch. 19, par. 705.6)
Sec. 5.6.
To acquire, own, construct, lease, operate and maintain terminals,
terminal facilities and port facilities, and to fix and collect reasonable
and nondiscriminatory charges for the use of such facilities. The charges
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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.7) (from Ch. 19, par. 705.7)
Sec. 5.7.
Subject to any applicable condition imposed by this Act, 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 facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.8) (from Ch. 19, par. 705.8)
Sec. 5.8.
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 facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.9) (from Ch. 19, par. 705.9)
Sec. 5.9.
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 facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.10) (from Ch. 19, par. 705.10)
Sec. 5.10.
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 now or
hereafter amended, to adopt, administer and enforce airport zoning
regulations for territory which is within its corporate limits or which
extends not more than two miles beyond its corporate limits.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.11) (from Ch. 19, par. 705.11)
Sec. 5.11.
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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.12) (from Ch. 19, par. 705.12)
Sec. 5.12.
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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.13) (from Ch. 19, par. 705.13)
Sec. 5.13.
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 or 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.14) (from Ch. 19, par. 705.14)
Sec. 5.14.
To police its physical property 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 public airport or public airport facilities 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 any other
provision 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.14a) (from Ch. 19, par. 705.14a)
Sec. 5.14a.
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.)
|
(70 ILCS 1835/5.15) (from Ch. 19, par. 705.15)
Sec. 5.15.
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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.16) (from Ch. 19, par. 705.16)
Sec. 5.16.
To enter into contracts dealing in any manner with the objects and
purposes of this Act.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.17) (from Ch. 19, par. 705.17)
Sec. 5.17.
To acquire, own, lease, sell or otherwise dispose of interests in real
property and improvements thereon and in personal property necessary to
fulfill the purposes of the District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.18) (from Ch. 19, par. 705.18)
Sec. 5.18.
To designate the fiscal year for the District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.19) (from Ch. 19, par. 705.19)
Sec. 5.19.
To engage in any activity or operation which is incidental to and in
furtherance of efficient operation to accomplish the District's primary
purpose.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.20) (from Ch. 19, par. 705.20)
Sec. 5.20.
The District may acquire, erect, construct, maintain and operate aquariums,
museums and other edifices for the collection and display of
objects pertaining to natural history or the arts and sciences; and may
permit the directors or trustees of any corporation or society organized
for the erection, construction, maintenance and operation of any aquarium,
museum or other such edifice to perform such erection,
construction, maintenance and operation on or within any property now or
hereafter owned by or under the control or supervision of the District.
The District may contract with any such directors or trustees
relative to such acquisition, erection, construction, maintenance and
operation.
The District may charge, or may authorize such directors or trustees
to charge an admission fee, the proceeds of which shall be devoted
exclusively to such erection, construction, maintenance and operation.
(Source: P.A. 80-1495.)
|
(70 ILCS 1835/5.21) (from Ch. 19, par. 705.21)
Sec. 5.21.
The District shall have the rights and powers enumerated in Division 74
of Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as
now or hereafter amended, in the same manner and form as though the
District were a "municipality" as defined in Section 11-74-2 thereof.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.22) (from Ch. 19, par. 705.22)
Sec. 5.22.
The District may acquire, erect, construct, reconstruct, improve,
maintain and operate one or more, or a combination or combinations of,
industrial buildings, office buildings, buildings to be used as a factory,
mill shops, processing plants, packaging plants, assembly plants,
fabricating plants, and buildings to be used as warehouses and other
storage facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/5.23) (from Ch. 19, par. 705.23)
Sec. 5.23.
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.)
|
(70 ILCS 1835/6) (from Ch. 19, par. 706)
Sec. 6. 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, terminal facilities, aquariums,
museums, planetariums, climatrons and any other building or facility which
the District has the power to acquire, construct, reconstruct, extend or
improve, to serve the needs of commerce within the District. 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; and except that no property owned by any city within the
District shall be taken or appropriated without first obtaining the consent
of the governing body of such city.
(Source: P.A. 94-1055, eff. 1-1-07.)
|
(70 ILCS 1835/6.05) Sec. 6.05. 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 1835/6.1) (from Ch. 19, par. 706.1)
Sec. 6.1.
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, in the opinion of the Port District Board is 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/6.2) (from Ch. 19, par. 706.2)
Sec. 6.2.
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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/6.3) (from Ch. 19, par. 706.3)
Sec. 6.3.
The Board may agree upon and collect the rentals, charges and fees on
all leases, easements, rights of way, privileges and permits made or
granted by the Board that are 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. 76-1788.)
|
(70 ILCS 1835/7) (from Ch. 19, par. 707)
Sec. 7.
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,
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 likely to
improve or better the handling of commerce in and through the Port District
or improve terminal or transportation facilities therein.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/8) (from Ch. 19, par. 708)
Sec. 8.
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. 76-1788.)
|
(70 ILCS 1835/9) (from Ch. 19, par. 709)
Sec. 9.
The District has the continuing power to borrow money and issue either
general obligation bonds or revenue bonds for the purpose of acquiring,
constructing, reconstructing, extending, improving or operating the
terminals, terminal facilities, airfields, airports, port facilities,
aquariums, museums, planetariums, climatrons and other buildings or
facilities which the District has the power to acquire, construct,
reconstruct, extend or improve, and for acquiring any property and
equipment useful for such construction, reconstruction, extension,
improvement or operation and for acquiring necessary cash working funds.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/10) (from Ch. 19, par. 710)
Sec. 10.
The District may, pursuant to ordinance adopted by the Board and without
submitting the question to referendum, issue and dispose of its interest
bearing revenue bonds and may also in the same manner 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/11) (from Ch. 19, par. 711)
Sec. 11.
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 the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and the date of maturity which
shall not be more than 20 years after the date of issuance. This
ordinance shall not take effect until it has been submitted to
referendum and approved by a majority of the legal voters of the
District. The Board shall certify its ordinance and 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. If a
majority of the votes cast on the proposition is in
favor of the issuance of such general obligation bonds the District
shall thereafter be authorized to issue and, in accordance with the
provisions of Section 14 of this Act, to sell the bonds specified in
such ordinance and to adopt an ordinance levying an annual tax against
all of the taxable property within the District sufficient to pay the
maturing principal and interest of such bonds and to file a certified
copy of both such ordinances in the office of the county clerk of Wabash
County. Thereafter the county clerk shall annually extend taxes against
all the taxable property within the District at the rate specified in
the ordinance levying the taxes. The aggregate amount of principal of
general obligation bonds issued under the provisions of this section of
this Act shall not exceed 2.5% of the assessed valuation of all taxable
property in the District.
The proposition shall be in substantially the following form:
Shall general obligation bonds in the amount of $.... be issued by the Mt. Carmel YES Regional Port District for the purpose of...., maturing in not more than....years, bearing not more than....% interest, and NO a tax levied to pay the principal and interest thereof?
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.)
|
(70 ILCS 1835/12) (from Ch. 19, par. 712)
Sec. 12.
All revenue bonds shall be
payable solely from the revenues or income to
be derived from the terminals, terminal facilities, airfields, airports,
port facilities, aquariums, museums, planetariums, climatrons and any other
building or facilities which the District has the power to acquire,
construct, reconstruct, extend or improve, or any part thereof. The revenue
bonds may bear such date or dates and may mature at such time or times not
exceeding 40 years from their respective dates, as may be provided in the
ordinance authorizing their issuance. Both revenue and general obligation
bonds may bear interest at such rate or rates as 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, payable semi-annually,
as provided
in the ordinance authorizing issuance. All bonds, whether revenue
or general obligations, 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 as
provided in the ordinance authorizing issuance.
The holder or holders of any bonds or interest coupons attached thereto
issued by the District may bring suit 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.
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 provided
by ordinance.
(Source: P.A. 82-902.)
|
(70 ILCS 1835/13) (from Ch. 19, par. 713)
Sec. 13.
All revenue bonds 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 12, 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 12, computed to absolute
maturity of such bonds according to standard tables of bond values.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/14) (from Ch. 19, par. 714)
Sec. 14.
All general obligation bonds issued by the District shall be sold by the
District upon sealed bids to the highest and best responsible bidder who
specifies the lowest net interest cost for such bonds. The Board shall
publish at least once, in a newspaper published in and having general
circulation in the District, a notice of the time, date and place when and
where sealed bids for the purchase of such bonds will be received and
publicly opened, read and tabulated which such date shall not be less than
10 days after the date of such publication. Any such bonds shall be sold
for not less than par plus accrued interest to the date of delivery.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/15) (from Ch. 19, par. 715)
Sec. 15.
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 such 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 such 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, port facilities,
aquariums, museums, planetariums, climatrons and other buildings, or
facilities which the District has the power to acquire, construct,
reconstruct, extend or improve, 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 in the circuit court 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. 83-346.)
|
(70 ILCS 1835/16) (from Ch. 19, par. 716)
Sec. 16.
Under no circumstances shall any bonds issued by the District or any
other obligation of the District be 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 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 but is payable solely from the revenues or income
derived from terminals, terminal facilities, airports, airfields and port
facilities.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/17) (from Ch. 19, par. 717)
Sec. 17.
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 question 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
election to be entered upon the records of the Port
District. If a majority of the vote on the question is in favor of the question, 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 question shall be substantially in the following form:
Shall the Mt. Carmel Regional Port District levy a tax for YES corporate purposes annually at a rate not to exceed ....% of the value of taxable property as equalized or assessed by the NO Department of Revenue?
(Source: P.A. 81-1489; 81-1509.)
|
(70 ILCS 1835/18) (from Ch. 19, par. 718)
Sec. 18.
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. However, 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 District before the municipality can proceed with such
project. In such event, the 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 therefor, 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. 77-2339.)
|
(70 ILCS 1835/19) (from Ch. 19, par. 719)
Sec. 19.
The governing and administrative body of the District shall be a Board
consisting of 7 members, to be known as Mt. Carmel Regional Port District
Board. All members of the Board shall be bona fide residents in the
District. The members of the Board shall serve without compensation, but
may be reimbursed for actual expenses incurred by them in the performance
of duties prescribed by the Board. However, any member of the Board who is
appointed as Secretary or Treasurer may receive compensation for his
services as such officer.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/20) (from Ch. 19, par. 720)
Sec. 20.
Except as otherwise provided in this Act, it is unlawful for any member,
officer, employee or other appointee of the Board and District or for the
husband, wife or minor child thereof to have, acquire, obtain or hold any
contract, work or business of the District, whether for stationery,
printing, paper, services, material or supplies, or any private financial
interest in the sale or lease of property to or from the District. It is
unlawful for any firm, partnership, association or corporation from which
any such person shall be entitled, by contract, stock ownership or
otherwise, to receive more than 7-1/2% of the total distributable net
income thereof to have, acquire, obtain or hold any such contract, work or
business or any such private financial interest. It is unlawful for any
firm, partnership, association or corporation from which any such person,
together with his or her wife or husband or minor child or children, or any
of them, who shall by contract, stock ownership or otherwise be entitled to
receive in the aggregate, more than 15% of the total distributable income
thereof to have, acquire, obtain or hold any such contract, work or
business or any such private financial interest. Any person, firm,
partnership, association or corporation which violates the provisions of
this Section shall forfeit any and all sums paid or to be paid to him or it
or her by the District under any such contract, sale or lease and, if found
guilty of such violation, shall be guilty of a business offense and shall
be fined not to exceed $2,500.
(Source: P.A. 77-2339.)
|
(70 ILCS 1835/21) (from Ch. 19, par. 721)
Sec. 21.
The Governor, by and with the consent of the Senate, shall appoint the
members of the Board and fill all vacancies. If the Senate is in recess
when such appointment is made, the Governor shall make a temporary
appointment until the next meeting of the Senate. All initial appointments
shall be made within 60 days after this Act takes effect. Of the members
initially appointed by the Governor, 3 shall be appointed for initial terms
expiring July 1, 1970; 2 for initial terms expiring July 1, 1971, and 2 for
initial terms expiring July 1, 1972. At the expiration of the term of any
member, his successor shall be appointed by the Governor in like manner and
with like regard to place of residence of the appointee, as in the case of
appointments for initial terms. After the expiration of initial terms, each
successor shall hold office for the term of 3 years beginning the first day
of July of the year in which the term of office commences. In the case of a
vacancy during the term of office of any member, the Governor shall make an
appointment for the remainder of the term vacant and until a successor is
appointed and qualified.
No more than 4 of the members shall be affiliated with the same
political party at the time of appointment.
The Governor shall certify his appointments to the Secretary of State.
Within 30 days after certification of his appointment, and before entering
upon the duties of his 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.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/22) (from Ch. 19, par. 722)
Sec. 22.
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 qualified. The
Governor may remove any member of the Board in case of incompetency,
neglect of duty or malfeasance in office. He 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. 99-642, eff. 7-28-16.)
|
(70 ILCS 1835/23) (from Ch. 19, par. 723)
Sec. 23.
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. 76-1788.)
|
(70 ILCS 1835/24) (from Ch. 19, par. 724)
Sec. 24.
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. Special meetings may be called by the chairman or by any 3 members
of the Board by giving notice thereof in writing, stating the time, place
and purpose of the meeting. Such notice shall be served by special delivery
mail deposited in the mails at least 48 hours before such meeting. Four
members of the Board constitute a quorum for the transaction of business.
All action of the Board shall be by ordinance or resolution and, except as
otherwise provided in this Act, the affirmative vote of at least 4 members
is necessary for the adoption of any ordinance or resolution. The chairman
is entitled to vote on any and all matters coming before the Board. All
ordinances, resolutions and all proceedings of the District and all
documents and records in its possession are 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. 76-1788.)
|
(70 ILCS 1835/25) (from Ch. 19, par. 725)
Sec. 25.
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 or 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 oath of office and the treasurer's bond shall be filed in the
principal office of the District.
(Source: P.A. 83-541.)
|
(70 ILCS 1835/26) (from Ch. 19, par. 726)
Sec. 26.
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.)
|
(70 ILCS 1835/27) (from Ch. 19, par. 727)
Sec. 27.
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. 76-1788.)
|
(70 ILCS 1835/28) (from Ch. 19, par. 728)
Sec. 28.
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 by 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.
All such persons shall be subject to the provisions of Section 20 of this
Act.
(Source: P.A. 80-323.)
|
(70 ILCS 1835/29) (from Ch. 19, par. 729)
Sec. 29.
The Board has power to pass all ordinances and make all rules and
regulations it deems 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 ordinance, 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. 76-1788.)
|
(70 ILCS 1835/30) (from Ch. 19, par. 730)
Sec. 30.
Within 60 days after the end of each fiscal year the Board shall have
prepared by a certified public accountant 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 prepared for distribution to persons interested, upon request, and
a copy thereof shall be filed with the Governor and with the county clerk
and the presiding officer of the county board of Wabash County. A copy of
such report shall be addressed and mailed to the corporate authorities of
each city within the area of the District.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/31) (from Ch. 19, par. 731)
Sec. 31.
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 hold public
hearings 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 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 officer's 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.)
|
(70 ILCS 1835/32) (from Ch. 19, par. 732)
Sec. 32.
All final administrative decisions of the Board hereunder shall be
subject to judicial review pursuant to the provisions of the Administrative
Review Law, as now or hereafter
amended, 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.)
|
(70 ILCS 1835/33) (from Ch. 19, par. 733)
Sec. 33.
In the conduct of any investigation authorized by Section 31 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 ground for dismissal of the action.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/34) (from Ch. 19, par. 734)
Sec. 34.
If any provision of this Act or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision, and to this end the provisions of
this Act are declared to be severable.
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.)
|
(70 ILCS 1835/35) (from Ch. 19, par. 735)
Sec. 35.
The provisions of the Illinois Municipal Code, approved May 29, 1961, as
now or hereafter amended, or the provisions of "An Act in relation to
airport authorities", approved April 4, 1945, as now or hereafter 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 now or hereafter amended,
or the provisions of "An Act to authorize counties having less than
1,000,000 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 now or hereafter
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 1,000,000 population, and by such counties jointly
with certain taxing districts located within or partly within such
counties, and to provide for the financing thereof", approved July 22,
1943, as now or hereafter amended, shall not be effective within the area
of the District insofar as those Acts conflict with 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. 77-843.)
|
(70 ILCS 1835/36) (from Ch. 19, par. 736)
Sec. 36.
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 37 or 38 whichever may be
applicable.
(Source: P.A. 76-1788.)
|
(70 ILCS 1835/37) (from Ch. 19, par. 737)
Sec. 37.
At least 5% of the legal voters residing within the limits of such
proposed addition to the District shall petition the circuit court for
Wabash County to cause the question to be submitted to the legal voters
of such proposed additional territory, whether 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, or by the circuit clerk or sheriff, at the
order and direction of the court, of the time and place of the hearing upon
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 question 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
the purpose of such referendum 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 Mt. Carmel RegionalPort District and assuming aproportionate share of general obligationbonded indebtedness, if any. Against joining the Mt. Carmel RegionalPort District and assuming aproportionate share of general obligationbonded indebtedness, if any.
The court shall cause a statement of the results of such election to be
filed in 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 be an integral part of the Mt. Carmel
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. 83-343.)
|
(70 ILCS 1835/38) (from Ch. 19, par. 738)
Sec. 38.
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 Wabash County. 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 37. 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 such territory shall be an integral part
of the Mt. Carmel 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. 76-1788.)
|