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Public Act 096-1522 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Ottawa | ||||
Port District Act. | ||||
Section 5. Definitions. As used in this Act, the following | ||||
terms shall have the following meanings unless a different | ||||
meaning clearly appears from the context: | ||||
"Aircraft" means any contrivance now known or hereafter | ||||
invented, used, or designed for navigation of, or flight in, | ||||
the air. | ||||
"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. | ||||
"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 that | ||||
airport for the landing and take off of aircraft. | ||||
"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. | ||
"Board" means the Ottawa Port District Board. | ||
"Commercial aircraft" means any aircraft other than public | ||
aircraft engaged in the business of transporting persons or | ||
property. | ||
"District" means the Ottawa Port District created by this | ||
Act. | ||
"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. | ||
"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. | ||
"Governmental agency" means the federal government, the | ||
State, and any unit of local government or school district, and | ||
any agency or instrumentality, corporate or otherwise, | ||
thereof. | ||
"Governor" means the Governor of the State of Illinois. | ||
"Mayor" means the Mayor of the City of Ottawa. | ||
"Navigable waters" means any public waters which are or can |
be made usable for water commerce. | ||
"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. | ||
"Port facilities" means all public and other buildings, | ||
structures, works, improvements, and equipment, except | ||
terminal facilities as defined in this Section, that are upon, | ||
in, over, under, adjacent, or near to navigable waters, | ||
harbors, slips, and basins, and are necessary or useful for or | ||
incident to the furtherance of water and land commerce and the | ||
operation of small boats and pleasure craft and includes the | ||
widening and deepening of basins, slips, harbors, and navigable | ||
waters. "Port facilities" also means all lands, buildings, | ||
structures, improvements, equipment, and appliances located on | ||
District property that are used for industrial, manufacturing, | ||
commercial, or recreational purposes. | ||
"Private aircraft" means any aircraft other than public and | ||
commercial aircraft. | ||
"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. | ||
"Public airport" means an airport owned by a 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. | ||
"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. | ||
"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 terminal, terminal facilities, | ||
or port facilities of the District. | ||
"Terminal" means a public place, station, or depot for | ||
receiving and delivering baggage, mail, freight, or express | ||
matter and for any combination of those purposes, in connection | ||
with the transportation of persons and property on water or | ||
land or in the air. | ||
"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. | ||
Section 10. Ottawa Port District. There is created a | ||
political subdivision, body politic, and municipal corporation |
by the name of the Ottawa Port District embracing the following | ||
described territory in LaSalle County, Illinois: the following | ||
sections in Township 34 North, Range 3 East of the Third | ||
Principal Meridian: 25, 26, 34, 35 and 36; and the following | ||
sections in Township 33 North, Range 3 East of the Third | ||
Principal Meridian: 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, | ||
17, 18, 19, 20, 21, 22, 23 and 24; and the following sections | ||
in Township 33 North, Range 4 East of the Third Principal | ||
Meridian: 4, 5, 6, 7, 8, 9, the southwest quarter of section | ||
10, the northwest quarter of section 15 and that portion of | ||
section 15 lying north of the Illinois River and South of the | ||
Illinois and Michigan Canal, 16, 17 and 18; and the following | ||
sections in Township 34 North Range 4 East of the Third | ||
Principal Meridian: 20, that portion of section 21 lying west | ||
of the Fox River, 28, 29, 30, 31, 32 and 33.
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Section 15. Property of District; exemption. All property | ||
of every kind owned by the District shall be exempt from | ||
taxation. However, a tax may be levied upon a lessee of the | ||
District by reason of the value of a leasehold estate separate | ||
and apart from the fee simple title or upon any improvements | ||
that are constructed and owned by others than the District. | ||
All property of the 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. | ||
Section 20. Rights and powers. The District has the | ||
following rights and powers: | ||
(1) To issue permits for the following purposes: (i) 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 District and (ii) the deposit of | ||
rock, earth, sand, or other material, or any matter of any kind | ||
or description in the waters. | ||
(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. | ||
(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 those facilities. The charges so | ||
collected 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. | ||
(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 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, 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 within the vicinity of any airport or within the | ||
lines of an approach to any airport and, if necessary, for the | ||
reduction in the height of any such existing object or | ||
structure, to enter into an agreement for the reduction or to | ||
accomplish the same by condemnation. | ||
(11) To agree with the State or federal government or with | ||
any public agency in respect to the removal and relocation of | ||
any object of natural growth, airport hazard, or 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 the removal or relocation. | ||
(12) To regulate and restrict the flight of aircraft while | ||
within or above the District for the following purposes: (i) | ||
the prevention of accidents; (ii) the furtherance and | ||
protection of public health, safety, and convenience in respect | ||
to aeronautics; (iii) the protection of property and persons | ||
within the District from any hazard or nuisance resulting from | ||
the flight of aircraft; (iv) the prevention of interference | ||
between, or collision of, aircraft while in flight or upon the | ||
ground; (v) the prevention or abatement of nuisances in the air | ||
or upon the ground; or (vi) the extension of increase in the | ||
usefulness or safety of any public airport or public airport | ||
facility owned by 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 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 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 the 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 | ||
thereon 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 sue and be sued in its corporate name but execution | ||
shall not in any case issue against any property of the | ||
District. | ||
(21) To adopt a common seal and change the same at | ||
pleasure. | ||
(22) To annex property as set forth in this Act. | ||
Section 25. Prompt payment. Purchases made pursuant to this | ||
Act shall be made in compliance with the Local Government | ||
Prompt Payment Act. | ||
Section 30. Acquisition of property. The District has the | ||
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 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 any provision of this Act to the contrary, the | ||
District has the full power and authority to lease any of its | ||
facilities for operation and maintenance to any person for a | ||
length of time and upon 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 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 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 those purposes, but where such | ||
leases will in the opinion of the Board aid and promote those | ||
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 things as may be necessary for the enjoyment of such leases, | ||
rights-of-way, and privileges, and such leases may contain | ||
conditions and retain interest therein as may be deemed for the | ||
best interest of the District by the Board. | ||
Also, the District shall have the right to grant easements | ||
and permits for the use of any 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 conditions and | ||
retain 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. The 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. | ||
Section 35. 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. | ||
Section 40. Export trading companies. 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 the federal, state, or local | ||
governmental authorities, federal, state, or national banking | ||
associations, or any other public or private corporation or | ||
person. 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. Export trading companies may, if | ||
necessary or desirable, apply for certification under Title II | ||
or Title III of the Export Trading Company Act of 1982. | ||
Section 45. Grants, loans, and appropriations. The |
District has the 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 agreements with the federal | ||
government in relation to those grants, loans, or | ||
appropriations. | ||
The District may petition the administrative, judicial, | ||
and legislative body of any federal, state, municipal, or local | ||
authority 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 the handling of commerce in and through | ||
the District or improve terminal or transportation facilities | ||
therein.
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Section 50. Insurance contracts. The District has the 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 or her office or employment, | ||
or any other insurable risk. | ||
Section 55. Rentals, charges, and fees. 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 are deemed to | ||
be in the best interest of the District. Those rentals, | ||
charges, and fees must be used to defray the reasonable | ||
expenses of the District and to pay the principal and interest | ||
upon any revenue bonds issued by the District. | ||
Section 60. Borrowing money. The District has the | ||
continuing power to borrow money and issue either general | ||
obligation bonds after approval by referendum as provided in | ||
this Act 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 any property | ||
and equipment useful for the construction, reconstruction, | ||
extension, improvement, or operation of its 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, and the | ||
maximum rate of interest they will bear which shall not be more | ||
than that permitted in the Bond Authorization Act. The 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 sufficient to | ||
amortize the 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 the | ||
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 vote on the proposition is in favor of the issuance of the | ||
general obligation bonds, the county clerk 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 obligation bonds in the amount of | ||
(dollars) be issued by the Ottawa Port District for the | ||
(purpose) maturing in no more than (years), bearing not | ||
more than (interest)%, and a tax levied to pay the |
principal and interest thereof?
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The election authority must record the votes as "Yes" or "No". | ||
Section 65. Revenue bonds. 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 any | ||
date or dates and may mature at any 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 any rate or | ||
rates as permitted in the Bond Authorization Act. The interest | ||
may be paid semiannually. The bonds may be in any form, may | ||
carry any registration privileges, may be executed in any | ||
manner, may be payable at any place or places, may be made | ||
subject to redemption in any manner and upon any terms, with or | ||
without premium as is stated on the face thereof, may be | ||
authenticated in any manner and may contain any 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 provided in this Act. | ||
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 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.
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Section 70. Issuing bonds. All bonds, whether general | ||
obligation or revenue, shall be issued and sold by the Board in | ||
any manner as the Board shall determine. However, if any bonds | ||
are issued to bear interest at the maximum rate of interest | ||
allowed by Section 60 or 65, 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 60 or 65, whichever may be applicable, |
computed to absolute maturity of such bonds according to | ||
standard tables of bond values. | ||
Section 75. Rates and charges for facilities. Upon the | ||
issue of any revenue bonds as provided in this Act, 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 those | ||
revenue bonds sufficient at all times with other revenues of | ||
the District, if any, to pay the following: (i) the cost of | ||
maintaining, repairing, regulating, and operating the | ||
facilities and (ii) the bonds and interest thereon as they | ||
become due, 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 | ||
the 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 the circuit court to | ||
compel performance and compliance therewith, but the trust | ||
agreement may prescribe by whom or on whose behalf the action | ||
may be instituted. | ||
Section 80. Bonds not obligations of the State or district. | ||
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. | ||
Section 85. Tax levy. The Board may, after referendum | ||
approval, levy a tax for corporate purposes of the District | ||
annually at the rate approved by referendum, but the rate shall | ||
not exceed 0.05% of the value of all taxable property within | ||
the District as equalized or assessed by the Department of | ||
Revenue.
If the Board desires to levy the tax it shall order | ||
that the question be submitted at an election 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 District. If a | ||
majority of the vote on the question 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 0.05% of the value of all | ||
taxable property within the District as equalized or assessed | ||
by the Department of Revenue. | ||
The question shall be in substantially the following form: | ||
Shall the Ottawa Port District levy a tax for corporate | ||
purposes annually at a rate not to exceed 0.05% of the | ||
value of taxable property as equalized or assessed by the | ||
Department of Revenue?
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The election authority shall record the votes as "Yes" or "No". | ||
Section 90. Permits. 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 District | ||
without first submitting the plans, profiles, and | ||
specifications therefor, and any other data and information as |
may be required, to the District and receiving a permit | ||
therefor; and any person, corporation, company, municipality, | ||
or other agency, that does any of the things prohibited in this | ||
Section, without securing a permit, shall be guilty of a Class | ||
A misdemeanor. No permit shall be required in the case of any | ||
project for which a permit has been secured from a proper | ||
governmental agency before the creation of the District nor | ||
shall any permit be required in the case of any project to be | ||
undertaken by one or more municipalities located within the | ||
District for which a permit is required from a governmental | ||
agency other than the District before the municipality can | ||
proceed with the project. And in such event, one or more of the | ||
municipalities 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 | ||
the application before the other governmental agency. Any | ||
structure, fill, or deposit erected or made in any of the | ||
public bodies of water within the 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 District, it is decided that the | ||
structure, fill, or deposit may remain, the District may fix | ||
such rule, regulation, requirement, restriction, or rental or | ||
require and compel any change, modification, or repair as shall |
be necessary to protect the interest of the District. | ||
Section 95. Board members. The governing and | ||
administrative body of the District shall be a Board consisting | ||
of 7 members, to be known as the Ottawa Port District Board. | ||
All members of the Board shall be residents of the District. | ||
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 or her 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. | ||
Section 100. Board appointments; terms. The Governor shall | ||
appoint 4 members of the Board and the Mayor shall appoint 3 | ||
members of the Board. All initial appointments shall be made | ||
within 60 days after this Act takes effect. Of the 4 members | ||
initially appointed by the Governor, 2 shall be appointed for | ||
initial terms expiring January 1, 2017, one for an initial term | ||
expiring January 1, 2013, and one for an initial term expiring | ||
January 1, 2012. Of the 3 members initially appointed by the | ||
Mayor, one shall be appointed for an initial term expiring | ||
January 1, 2017, one for an initial term expiring January 1, |
2013, and one for an initial term expiring January 1, 2012. At | ||
the expiration of the term of any member, his or her successor | ||
shall be appointed by the Governor or the Mayor, respectively, | ||
as in the case of appointments for the initial terms. | ||
After the expiration of initial terms, each successor shall | ||
hold office for a term of 3 years beginning the first day of | ||
January 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 the Mayor, | ||
the Mayor shall make an appointment for the remainder of the | ||
term vacant and until a successor is appointed and qualified. | ||
The Governor and Mayor 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. | ||
Section 105. Resignation and removal of Board members. | ||
Members of the Board shall hold office until their respective | ||
successors have been appointed and qualified. Any member may | ||
resign from his or her office to take effect when his or her | ||
successor has been appointed and has qualified. The Governor |
and Mayor, respectively, may remove any member of the Board | ||
they have appointed in the case of incompetency, neglect of | ||
duty, or malfeasance in office. They shall give the member a | ||
copy of the charges against him or her and an opportunity to be | ||
publicly heard in person or by counsel in his or her own | ||
defense upon not less than 10 days' notice. In the case of | ||
failure to qualify within the time required, or of abandonment | ||
of his or her office, or in the case of death, conviction of a | ||
felony, or removal from office, the office of the 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. | ||
Section 110. Organization of the Board. As soon as possible | ||
after the appointment of the initial members, the Board shall | ||
organize for the transaction of business, select a chairperson | ||
and a temporary secretary from its own number, and adopt bylaws | ||
and regulations to govern its proceedings. The initial | ||
chairperson and successors shall be elected by the Board from | ||
time to time for the term of his or her office as a member of | ||
the Board. | ||
Section 115. Meetings; quorum; approval by chairperson. | ||
Regular meetings of the Board shall be held at least once in | ||
each calendar month, the time and place of the 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. Before taking effect, all | ||
ordinances and resolutions shall be approved by the chairperson | ||
of the Board by signing the ordinance or resolution. If the | ||
chairperson does not approve of the ordinance or resolution, | ||
then the chairperson shall return it to the Board with written | ||
objections at the next regular meeting of the Board after the | ||
passage of the ordinance or resolution. If the chairperson | ||
fails to return any ordinance or resolution with his or her | ||
objections by the time set forth in this Section, then the | ||
chairperson shall be deemed to have approved the ordinance or | ||
resolution and it shall take effect accordingly. Upon the | ||
return of any ordinance or resolution by the chairperson with | ||
his or her objections, the vote by which the same was passed | ||
shall be reconsidered by the Board, and if upon reconsideration | ||
the ordinance or resolution is passed by the affirmative vote | ||
of at least 5 members, it shall go into effect notwithstanding | ||
the veto of the chairperson. | ||
All ordinances, resolutions, and proceedings of the | ||
District and all documents and records in its possession shall | ||
be public records, and open to public inspection, except for | ||
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. |
Section 120. Secretary and treasurer; oath and bond. 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 or her | ||
according to law and the orders of the Board. The Board may, at | ||
any time, require a new bond from the treasurer in any 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. | ||
Section 125. Deposits; checks or drafts. 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 chairperson of the Board. Subject to | ||
prior approval of the designations by a majority of the Board, | ||
the chairperson may designate any other Board member or any | ||
officer of the District to affix the signature of the | ||
chairperson 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 the Public Funds Investment Act. | ||
In the case any officer whose signature appears upon any | ||
check or draft issued pursuant to this Act, ceases to hold his | ||
or her office before the delivery thereof to the payee, his or | ||
her signature nevertheless shall be valid and sufficient for | ||
all purposes with the same effect as if he or she had remained | ||
in office until delivery thereof. | ||
Section 130. General manager. 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 manage 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 any other duties prescribed 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. The Board 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. | ||
Section 135. Fines and penalties. The Board has the 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 ordinance | ||
shall take effect until 10 days after its publication. |
Section 140. Report and financial statement. Within 60 days | ||
after the end of each fiscal year, the Board shall prepare and | ||
print a complete and detailed report and financial statement of | ||
the operations, assets, and liabilities of the District. A | ||
reasonably sufficient number of copies of the report shall be | ||
printed for distribution to persons interested, upon request, | ||
and a copy of the report shall be filed with the Governor, the | ||
county clerk, and the presiding officer of the county board of | ||
LaSalle County. A copy of the report shall be mailed to the | ||
corporate authorities of each municipality located within the | ||
District. | ||
Section 145. Investigations. The Board may investigate | ||
conditions in which it has an interest within the boundaries 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 has | ||
the 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 any investigation or 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 the 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. | ||
Section 150. Administrative Review Law. All final | ||
administrative decisions of the Board 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. | ||
Section 155. Records. In the conduct of any investigation | ||
authorized by Section 145, the District shall, at its expense, | ||
provide a stenographer to take down all testimony and shall | ||
preserve a record of the 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 the proceedings. | ||
The 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 | ||
certification. Failure to make the deposit is grounds for | ||
dismissal of the action. | ||
Section 160. Annexation. 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 165 or 170, whichever may be | ||
applicable. | ||
Section 165. Petition for annexation. At least 5% of the | ||
legal voters resident within the limits of the proposed | ||
addition to the District may 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 the | ||
proposed additional territory, whether the 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. The 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 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 the 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 before the hearing by at least | ||
one publication of the notice in any newspaper of general | ||
circulation within the area proposed to be annexed, and by | ||
mailing a copy of the notice to the mayor or president of the | ||
corporate authorities of all of the municipalities located | ||
within the District. | ||
At the hearing, all persons residing in or owning property | ||
located within the area proposed to be annexed to the District | ||
may appear and be heard concerning the sufficiency of the | ||
petition. If the court finds that the petition does not comply | ||
with the requirements of the law, then the court shall dismiss | ||
the petition. If the court finds that the petition is | ||
sufficient, then 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 the | ||
purpose of the referendum with a description of the area | ||
proposed to be annexed to the District. | ||
The proposition shall be in substantially the following | ||
form:
|
Shall (description of the territory proposed to be | ||
annexed) join the Ottawa Port District? | ||
The votes shall be recorded as "Yes" or "No". | ||
The court shall cause a statement of the result of the | ||
referendum 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 | ||
the District, the court shall then enter an order stating that | ||
the additional territory shall thenceforth be an integral part | ||
of the Ottawa 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.
| ||
Section 170. Annexation of territory having no legal | ||
voters. If there is territory contiguous to the District that | ||
has no legal voters residing therein, a petition to annex the | ||
territory, signed by all the owners of record of the 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 shall be given in the manner provided in Section 165. At | ||
the 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 the territory shall be an integral part of the | ||
Ottawa 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.
| ||
Section 175. Non-applicability. The provisions of the | ||
Illinois Municipal Code, the Airport Authorities Act, and the | ||
General County Airport and Landing Field Act, shall not be | ||
effective within the area of the District insofar as the | ||
provisions of those 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.
| ||
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 a private person for the storage, | ||
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.
| ||
Section 180. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 185. The Eminent Domain Act is amended by adding | ||
Section 15-5-46 as follows: | ||
(735 ILCS 30/15-5-46 new) | ||
Sec. 15-5-46. Eminent domain powers in new Acts. The | ||
following provisions of law may include express grants of the | ||
power to acquire property by condemnation or eminent domain: | ||
Ottawa Port District Act; Ottawa Port District; for general | ||
purposes.
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |