Public Act 90-0636 of the 90th General Assembly
Public Act 90-0636
HB2554 Enrolled LRB9007777MWpcB
AN ACT to create the Mid-America Intermodal Authority
Port District.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Mid-America Intermodal Authority Port District Act.
Section 5. Definitions. In this Act:
"Airport" means any locality, either land or water, that
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.
"Board" means Mid-America Intermodal Authority Port
District Board.
"District" means the Mid-America Intermodal Authority
Port District created by this Act.
"Governmental agency" means the United States, the State
of Illinois, any local governmental body, and any agency or
instrumentality, corporate or otherwise, thereof.
"Governor" means the Governor of the State of Illinois.
"Intermodal" means a type of international freight system
that permits transshipping among sea, highway, rail, and air
modes of transportation through use of ANSI/International
Organization for Standardization containers, line haul
assets, and handling equipment.
"Navigable waters" mean any public waters that are or can
be made usable for water commerce.
"Person" means any individual, firm, partnership, trust,
corporation, both domestic and foreign, company, association,
or joint stock association and includes any trustee,
receiver, assignee, or personal representative thereof.
"Port facilities" mean 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 that are necessary or useful
for or incident to the furtherance of water and land commerce
and the operation of small boats and pleasure craft. "Port
facilities" includes the widening and deepening of basins,
slips, harbors, and navigable waters. "Port facilities"
also mean all lands, buildings, structures, improvements,
equipment, and appliances located on district property that
are used for industrial, manufacturing, commercial, or
recreational purposes.
"Terminal" means a public place, station, depot, or area
for receiving and delivering articles, commodities, baggage,
mail, freight, or express matter and for any combination of
those purposes in connection with the transportation and
movement by water and land of persons and property.
"Terminal facilities" mean all lands, buildings,
structures, improvements, equipment, and appliances useful in
the operation of public warehouse, storage, and
transportation facilities for water and land commerce and for
handling, docking, storing, and servicing small boats and
pleasure craft.
Section 10. Mid-America Intermodal Authority Port
District created. There is created a political subdivision,
body politic, and municipal corporation by the name of the
Mid-America Intermodal Authority Port District embracing all
the area within the corporate limits of Adams, Brown, Cass,
Hancock, Pike, Schuyler, and Scott Counties. Territory may
be annexed to the district in the manner provided in this
Act. The district may sue and be sued in its corporate name
but execution shall not in any case issue against any
property of the district. It may adopt a common seal and
change the same at its pleasure.
Section 15. Property of district; exemption. All
property of every kind belonging to the Mid-America
Intermodal Authority Port District shall be exempt from
taxation, provided that 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 or upon any improvements that
are constructed and owned by others than the district.
All property of the Mid-America Intermodal Authority Port
District shall be construed as constituting 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. Duties. It shall be the duty of the port
district:
(a) To study the existing harbor plans within the area
of the district and to recommend to the appropriate
governmental agency, including the General Assembly of
Illinois, any changes and modifications that may from time to
time be required by continuing development and to meet
changing business and commercial needs;
(b) To make an investigation of conditions within the
area of the district and to prepare and adopt a comprehensive
plan for the development of port facilities and intermodal
facilities for the district. In preparing and recommending
changes and modifications in existing harbor plans or a
comprehensive plan for the development of port facilities and
intermodal facilities, the district may, if it deems
desirable, set aside and allocate an area or areas within the
lands held by it to be used and operated by the district or
leased to private parties for industrial, manufacturing,
commercial, recreational, or harbor purposes, where the area
or areas are not, in the opinion of the district, required
for its primary purposes in the development of harbor, port,
and intermodal facilities for the use of public water and
land transportation, or will not be immediately needed for
those purposes, and where the use and operation or leasing
will in the opinion of the district aid and promote the
development of terminal, port, and intermodal facilities;
(c) To study and make recommendations to the proper
authority for the improvement of terminal, lighterage,
wharfage, warehousing, transfer, and other facilities
necessary for the promotion of commerce and the interchange
of traffic within, to, and from the district;
(d) To study, prepare, and recommend by specific
proposals to the General Assembly changes in the jurisdiction
of the district;
(e) To petition any federal, State, municipal, or local
authority, administrative, judicial, and legislative, having
jurisdiction in the district for the adoption and execution
of any physical improvement, change in method, system of
handling freight, warehousing, docking, lightering, and
transfer of freight that, in the opinion of the district, may
be designed to improve or better the handling of commerce in
and through the district or improve terminal or
transportation facilities within the district;
(f) To foster, stimulate, and promote the shipment of
cargoes and commerce through ports, whether originating
within or without the State of Illinois;
(g) To acquire, construct, own, lease, and develop
terminals, wharf facilities, piers, docks, warehouses, bulk
terminals, grain elevators, tug boats, and other harbor
crafts, and any other port facility or port-related facility
or service that it finds necessary and convenient;
(h) To perform any other act or function that may tend
to or be useful toward development and improvement of
harbors, sea ports, and port-related facilities and services
and to increase foreign and domestic commerce through the
harbors and ports within the port district; and
(i) To study and make recommendations for river
resources management and environmental education within the
district, including but not limited to, wetlands banks,
mitigation areas, water retention and sedimentation areas,
fish hatcheries, or wildlife sanctuaries, natural habitat,
and native plant research.
Section 25. Changes in harbor plans. Any changes and
modifications in harbor plans within the area of the port
district from time to time recommended by the district or any
comprehensive plan for the development of the port facilities
adopted by the district, under the authority granted by this
Act, shall be submitted to the Department of Natural
Resources for approval and approval by the Department shall
be conclusive evidence, for all purposes, that these changes
and modifications conform to the provisions of this Act.
Section 30. Rights and powers. The port district shall
have the following rights and powers:
(a) 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 district; for the deposit of rock, earth, sand, or
other material; or for any matter of any kind or description
in those waters;
(b) To prevent or remove obstructions, including the
removal of wrecks;
(c) To locate and establish dock lines and shore or
harbor lines;
(d) To acquire, own, construct, sell, lease, operate,
and maintain port and harbor, water, and land terminal
facilities and, subject to the provisions of Section 35, to
operate or contract for the operation of those facilities,
and to fix and collect just, reasonable, and
non-discriminatory charges, rentals, or fees for the use of
those facilities. The charges, rentals, or fees so collected
shall be made available to defray the reasonable expenses of
the district and to pay the principal of and interest on any
revenue bonds issued by the district;
(e) To enter into any agreement or contract with any
airport for the use of airport facilities to the extent
necessary to carry out any of the purposes of the district;
(f) To the extent authorized by the Intergovernmental
Cooperation Act, to enter into any agreements with any other
public agency of this State;
(g) To the extent authorized by any interstate compact,
to enter into agreements with any other state or unit of
local government of any other state; and
(h) To enter into contracts dealing in any manner with
the objects and purposes of this Act.
Section 35. Contracts for operation of warehouses and
storage facilities. Any public warehouse or other public
storage facility owned or otherwise controlled by the
district shall be operated by persons under contracts with
the district. Any contract shall reserve reasonable rentals
or other charges payable to the district sufficient to pay
the cost of maintaining, repairing, regulating, and operating
the facilities and to pay the principal of and interest on
any revenue bonds issued by the district and may contain any
other conditions that may be mutually agreed upon. However,
upon the breach of a contract or if no contract is in
existence as to any facility, the district shall temporarily
operate the facility until a contract for its operation can
be negotiated.
Section 40. Procedure for leases or contracts for
operation of warehouses and storage facilities. All leases
or other contracts for operation of any public warehouse or
public grain elevator to which this Section is applicable
owned or otherwise controlled by the district shall be
governed by the following procedures. Notice shall be given
by the district that bids will be received for the operation
of the public warehouse or public grain elevator. This notice
shall state the time within which and the place where bids
may be submitted, the time and place of opening of bids, and
shall be published not more than 30 days nor less than 15
days in advance of the first day for the submission of bids
in any one or more newspapers designated by the district that
have a general circulation within the district. The notice
shall specify sufficient data of the proposed operation to
enable bidders to understand the scope of the operation;
provided, however, that contracts that by their nature are
not adapted to award by competitive bidding, such as
contracts for the services of individuals possessing a high
degree of personal skill, contracts for the purchase or
binding of magazines, books, periodicals, pamphlets, reports,
and similar articles, and contracts for utility services such
as water, light, heat, telephone, or telegraph, shall not be
subject to the competitive bidding requirements of this
Section.
The Board may, by ordinance, promulgate reasonable
regulations prescribing the qualifications of the bidders as
to experience, adequacy of equipment, ability to complete
performance within the time set, and other factors in
addition to financial responsibility, and may, by ordinance,
provide for suitable performance guaranties to qualify a bid.
Copies of all regulations shall be made available to all
bidders.
The district may determine in advance the minimum rental
that should be produced by the public warehouse or public
grain elevator offered and, if no qualified bid will produce
the minimum rental, all bids may be rejected and the district
shall then readvertise for bids. If after the readvertisement
no responsible and satisfactory bid within the terms of the
advertisement is received, the district may then negotiate a
lease for not less than the amount of minimum rental so
determined. If, after negotiating for a lease as provided in
this Section, it is found necessary to revise the minimum
rental to be produced by the facilities offered for lease,
then the district shall again readvertise for bids, as
provided in this Section, before negotiating a lease.
If the district shall temporarily operate any public
warehouse or public grain elevator as provided in Section 35,
the temporary operation shall not continue for more than one
year without advertising for bids for the operation of the
facility as provided in this Section.
Section 45. Obligations for expenses not to be incurred
until appropriations made. Unless and until the revenues
from operations conducted by the district are adequate to
meet all expenditures or unless and until otherwise
determined by an act of the General Assembly, the district
shall not incur any obligations for salaries, office, or
administrative expenses before the making of appropriations
to meet those expenses.
Section 50. Acquisition of property.
(a) The district shall have power to acquire and accept
by purchase, lease, gift, grant, or otherwise any and all
real property, whether a fee simple absolute or a lesser
estate, and personal property either within or without its
corporate limits or any right that may be useful for its
purposes and to provide for the development of adequate
channels, ports, harbors, terminals, port facilities,
terminal facilities, and intermodal facilities adequate to
serve the needs of commerce within the district. The
district shall have the right to grant easements and permits
for the use of any real property, rights of way, or
privileges that, in the opinion of the Board, will not
interfere with the use of the district's property by the
district for its primary purposes and the easements and
permits may contain any conditions and retain any interest
therein that may be deemed for the best interest of the
district by the Board.
(b) Any property or facility shall be leased or
operated, if at all, only by 2 or more unrelated contracting
parties in parcels that are as nearly equal in all respects
as practicable unless the Board determines that it is in the
best interest of the district to lease the property or
facility to a single contracting party.
The district, subject to the public bid requirements
prescribed in Section 40 with respect to public warehouses or
public grain elevators, may lease to others for any period of
time not to exceed 99 years upon any terms that the Board may
determine any of its real property, rights of way, or
privileges, any interest therein, or any part thereof for
industrial, manufacturing, commercial, recreational, or
harbor purposes, that is in the opinion of the Board no
longer required for its primary purposes in the development
of port, harbor, and intermodal facilities or that may not be
immediately needed for those purposes. Where the leases will
in the opinion of the Board aid and promote those purposes,
and in conjunction with those 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 lease and
may include the right to enter upon the property of the
district to do any things that may be necessary for the
enjoyment of the leases, rights of way, and privileges and
the leases may contain any conditions and retain any interest
that 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 by the Board. 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.
(c) The district may dedicate to the public for highway
purposes any of its real property and those dedications may
be subject to any conditions and the retention of any
interest that may be deemed for the best interest of the
district by the Board.
(d) The district may sell, convey, or operate any of its
buildings, structures, or other improvements located upon
district property that may be deemed in the best interest of
the district by the Board.
Section 55. Grants, loans, and appropriations. The
district has power to apply for and accept grants, loans, or
appropriations from the federal government or any agency or
instrumentality thereof or the State of Illinois or any
agency or instrumentality thereof to be used for any of the
purposes of the district and to enter into any agreement with
the federal government, the State of Illinois, or any agency
or instrumentality thereof in relation to the grants, loans,
or appropriations.
Section 60. Foreign trade zones and sub-zones. The
district has power to apply to the proper authorities of the
United States of America under the appropriate law for the
right to establish, operate, maintain, and lease foreign
trade zones and sub-zones within the jurisdiction of the
United States Customs Service and to establish, operate,
maintain, and lease the foreign trade zones and sub-zones.
Section 65. Insurance contracts. The district has power
to procure and enter into contracts for any type of insurance
and 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 Board or
of the district in the performance of the duties of his or
her office or employment or any other insurable risk.
Section 70. Borrowing money; revenue bonds.
(a) The district has the continuing power to borrow
money for the purpose of acquiring, constructing,
reconstructing, extending, operating, or improving terminals,
terminal facilities, port facilities, and intermodal
facilities; for acquiring any property and equipment useful
for the construction, reconstruction, extension, improvement,
or operation of its terminals, terminal facilities, port
facilities, and intermodal facilities; and for acquiring
necessary cash working funds. For the purpose of evidencing
the obligation of the district to repay any money borrowed,
the district may, by ordinances adopted by the Board from
time to time, issue and dispose of its interest bearing
revenue bonds, notes, or certificates and may also from time
to time issue and dispose of its interest bearing revenue
bonds, notes, or certificates to refund any bonds, notes, or
certificates at maturity or by redemption provisions or at
any time before maturity with the consent of the holders
thereof.
(b) All bonds, notes, and certificates shall be payable
solely from the revenues or income to be derived from the
terminals, terminal facilities, port facilities, and
intermodal facilities or any part thereof; may bear any date
or dates; may mature at any time or times not exceeding 40
years from their respective dates; may bear interest at any
rate or rates payable semiannually; 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 that is stated on the face thereof; may be
authenticated in any manner; and may contain any terms and
covenants as may be provided in the ordinance. The holder or
holders of any bonds, notes, certificates, or interest
coupons appertaining to the bonds, notes, and certificates
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 those bonds, notes,
certificates, 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 bonds, notes, certificates, 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 bonds, notes, or certificates and in the absence of any
express recital on the face thereof that it is nonnegotiable,
all bonds, notes, and certificates shall be negotiable
instruments. Pending the preparation and execution of any
bonds, notes, or certificates, temporary bonds, notes, or
certificates may be issued with or without interest coupons
as may be provided by ordinance.
(c) The bonds, notes, or certificates shall be sold by
the corporate authorities of the district in any manner that
the corporate authorities shall determine, except that if
issued to bear interest at the minimum rate permitted by Bond
Authorization Act, the bonds shall be sold for not less than
par and accrued interest and except that the selling price of
bonds bearing interest at a rate less than the maximum rate
permitted in that Act shall be such that the interest cost to
the district of the money received from the bond sale shall
not exceed such maximum rate annually computed to absolute
maturity of said bonds or certificates according to standard
tables of bond values.
(d) From and after the issue of any bonds, notes, or
certificates as provided in this Section, it shall be the
duty of the corporate authorities of the district to 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 the bonds, notes,
or certificates sufficient at all times with other revenues
of the district, if any, to pay (i) the cost of maintaining,
repairing, regulating, and operating the facilities and (ii)
the bonds, notes, or certificates and interest thereon as
they shall become due, all sinking fund requirements, and all
other requirements provided by the ordinance authorizing the
issuance of the bonds, notes, or certificates or as provided
by any trust agreement executed to secure payment thereof.
To secure the payment of any or all of bonds, notes, or
certificates and for the purpose of setting forth the
covenants and undertaking of the district in connection with
the issuance of those bonds, notes, or certificates and the
issuance of any additional bonds, notes, or certificates
payable from revenue income to be derived from the terminals,
terminal facilities, port facilities, and intermodal
facilities the district may execute and deliver a trust
agreement or agreements. A lien upon any physical property
of the district may be created by the trust agreement. A
remedy for any breach or default of the terms of any trust
agreement by the district may be by mandamus proceedings in
the circuit court to compel performance and compliance with
the agreement, but the trust agreement may prescribe by whom
or on whose behalf the action may be instituted.
Section 75. Bonds not obligations of the State or
district. Under no circumstances shall any bonds, notes, or
certificates 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, nor shall any bond,
note, certificate, or obligation be or become an indebtedness
of the district within the purview of any constitutional
limitation or provision. It shall be plainly stated on the
face of each bond, note, and certificate that it does not
constitute an indebtedness or obligation but is payable
solely from the revenues or income of the district.
Section 80. Revenue bonds as legal investments. The
State and all counties, cities, villages, incorporated towns
and other municipal corporations, political subdivisions,
public bodies, and public officers of any thereof; all banks,
bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan
associations, investment companies, and other persons
carrying on a banking business; all insurance companies,
insurance associations, and other persons carrying on an
insurance business; and all executors, administrators,
guardians, trustees, and other fiduciaries may legally invest
any sinking funds, moneys, or other funds belonging to them
or within their control in any bonds, notes, or certificates
issued under this Act. It is the purpose of this Section to
authorize the investment in bonds, notes, or certificates of
all sinking, insurance, retirement, compensation, pension,
and trust funds, whether owned or controlled by private or
public persons or officers; provided, however, that nothing
contained in this Section may be construed as relieving any
person from any duty of exercising reasonable care in
selecting securities for purchase or investment.
Section 85. Taxes. 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 a tax it shall order that
the question be submitted at an election to be held within
the district and shall certify the order and the question to
the proper election officials, who shall submit the question
to the voters at an election under the general election law.
The Board shall cause the result of the referendum to be
entered upon the records of the port district. If a majority
of the vote on the 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 .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 Mid-America Intermodal Authority Port
District levy a tax annually not to exceed (insert rate)
% of the value of taxable property as equalized or
assessed by the Department of Revenue for corporate
purposes.
The votes shall be recorded as "Yes" or "No".
Section 90. Permits. It shall be 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, in, or within 40 feet of any navigable waters
within the district without first submitting the plans,
profiles, and specifications for it, and any other data and
information that may be required, to the district and
receiving a permit. Any person, corporation, company, city
or municipality, or other agency that does any of the things
prohibited in this Section without securing a permit is
guilty of a Class A misdemeanor. 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 declared to be a purpresture and may be abated as
such at the expense of the person, corporation, company,
city, municipality, or other agency responsible for it. If
in the discretion of the district it is decided that the
structure, fill, or deposit may remain, the district may fix
any rule, regulation, requirement, restrictions, or rentals
or require and compel any changes, modifications, and repairs
that shall be necessary to protect the interest of the
district.
Section 100. Mid-America Intermodal Authority Port
District Board; compensation. The governing and
administrative body of the district shall be a board
consisting of 7 members, to be known as the Mid-America
Intermodal Authority Port District Board. Members of the
Board shall be residents of a county whose territory, in
whole or in part, is embraced by the district and persons of
recognized business ability. The members of the Board shall
receive compensation for their services, set by the Board at
an amount not to exceed $20,000 annually, except the
chairperson may receive an additional $5,000 annually, if
approved by the Board. All compensation shall be paid
directly from the district's operating funds. The members
shall receive no other compensation whatever, whether in the
form of salary, per diem allowance, or otherwise, for or in
connection with their service as members. Each member shall
be reimbursed for actual expenses incurred by him or her in
the performance of the member's duties. Any person who is
appointed to the office of secretary or treasurer of the
Board may receive compensation for services as an officer, as
determined by the Board, provided that the person is not a
member of the Board. 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 or in the sale or lease of any property to or from
the district.
Section 105. Appointment of Board members. The Governor,
by and with the advice and consent of the Senate, shall
appoint 3 members of the Board for initial terms expiring
June first of the years 2000, 2001, and 2002, respectively,
and the chairpersons of county boards of the counties within
the district shall appoint 4 members for initial terms
expiring June first of the years 2000, 2001, 2002, and 2003,
respectively, in a meeting specifically convened for that
purpose. Except as provided in this Section, at the
expiration of the term of any member appointed by the
Governor, his or her successor shall be appointed by the
Governor in like manner, and at the expiration of the term of
any member appointed by the county boards, his or her
successor shall be appointed by the county boards in like
manner, as appointments for the initial terms. All
successors shall hold office for the term of 5 years from the
first day of June of the year in which they are appointed,
except in the case of an appointment to fill a vacancy. In
case of vacancy in the office of any member appointed by the
Governor during the recess of the Senate, the Governor shall
make a temporary appointment until the next meeting of the
Senate when the Governor shall nominate some person to fill
the office; and any person so nominated, who is confirmed by
the Senate, shall hold his or her office during the remainder
of the term and until his or her successor shall be appointed
and qualified. Each appointment by the Governor shall be
subject to approval by the county boards and each appointment
by the county boards shall be subject to approval by the
Governor, and, when so approved, the Governor and the county
boards shall certify their respective appointments and
approvals to the Secretary of State. Within 30 days after
certification and approval 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.
All members of the Board shall reside within the area of
the district as defined in Section 10 of this Act.
Section 110. Resignation and removal of Board members;
vacancies. 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 the county boards may remove
any member of the Board appointed by them in 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 case of failure to qualify within the time
required, of abandonment of office, or of death, conviction
of a crime, or removal from office, the office shall become
vacant. Each vacancy shall be filled for the unexpired term
by appointment in like manner, and with like regard as to the
place of residence of the appointee, as in case of expiration
of the term of a member of the Board.
Section 115. 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 by-laws 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 or for the term of 3 years,
whichever is shorter.
Section 120. Meetings; ordinances and resolutions; public
records. Regular meetings of the Board shall be held at
least once in each calendar month, the time and place of the
meeting to be fixed by the Board. Four members of the Board
shall constitute a quorum for the transaction of business.
All action of the Board shall be by ordinance or resolution
and the affirmative vote of at least 4 members shall be
necessary for the adoption of any ordinance or resolution.
All ordinances and resolutions before taking effect shall be
approved by the chairperson of the Board. If the chairperson
shall approve the ordinance or resolution, he or she shall
sign it. Those ordinances or resolutions the chairperson
shall not approve the chairperson shall return to the Board
with his or her objections in writing at the next regular
meeting of the Board occurring after the passage of the
ordinances or resolutions. If the chairperson shall fail to
return any ordinance or resolution with his or her objections
by the time required in this Section, he or she shall be
deemed to have approved it 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 ordinance or resolution was passed shall be
reconsidered by the Board. 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, all
proceedings of the district, and all documents and records in
its possession shall be public records, and open to public
inspection, except any documents and records that shall be
kept or prepared by the Board for use in negotiations,
actions, or proceedings to which the district is a party.
Section 125. 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. The Board shall fix their duties and
compensation. 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 to 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 that
may 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 those funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the district.
Section 130. Deposits; checks or drafts.
(a) 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. The Board may designate any of its members or
any officer or employee of the district to affix the
signature of the chairperson and another 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 $10,000.
No bank or savings and loan association shall receive
public funds as permitted by this Section unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
(b) In case any officer whose signature appears upon any
check or draft issued under this Act ceases to hold his or
her office before the delivery of the check or draft 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 of the check or
draft.
Section 135. Prompt payment. Purchases made under this
Act shall be made in compliance with the Local Government
Prompt Payment Act.
Section 140. Executive director, officers, and
employees. The Board may appoint an executive director, who
shall be a person of recognized ability and business
experience, to hold office during the pleasure of the Board.
The executive director shall have management of the
properties, business, and the employees of the district
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
that 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 any other officers,
attorneys, engineers, consultants, agents, and employees that
may be necessary. The Board shall define their duties and
require bonds of those that it may designate.
The executive director, general attorney, chief engineer,
and all other officers provided for under 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
executive director, general attorney, chief engineer, and all
other officers, attorneys, consultants, agents, and employees
shall be fixed by the Board, subject to the provisions of
Section 125 of this Act.
Section 145. Fines and penalties. The Board shall have
power to pass all ordinances and to make all rules and
regulations proper or necessary to carry into effect the
powers granted to the district, with any fines or penalties
that may be deemed proper. All fines and penalties shall be
imposed by ordinances that shall be published in a newspaper
of general circulation published in the area embraced by the
district. No ordinance shall take effect until 10 days after
its publication.
Section 150. Report and financial statement. As soon
after the end of each fiscal year as may be expedient, the
Board shall prepare and print a complete and detailed report
and financial statement of its operations and of its assets
and liabilities. 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 and the county clerk of each county
that is within the area of the district. A copy of the report
shall be addressed to and mailed to the mayor and city
council or president and board of trustees of each
municipality within the area of the district.
Section 155. Investigations by the Board. 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 investigations the Board may hold
public hearings on its own motion and shall do so on
complaint of any municipality within the district. Each
member of the Board shall have power to administer oaths and
the secretary, by order of the Board, shall issue subpoenas
to secure the attendance and testimony of witnesses and the
production of books and papers relevant to investigations and
to any hearing before the Board or any member of the Board.
Any circuit court of this State, upon application of the
Board or any member of the Board, may in its discretion
compel the attendance of witnesses, the production of books
and papers, and giving of testimony before the Board, before
any member of the Board, or before 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 160. Annexation. Territory that is contiguous
to the district and that 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 is applicable.
Section 165. Petition for annexation. At least 5% of
the legal voters resident within the limits of the proposed
addition to the district shall petition the circuit court for
a county in which a major part of the district is situated,
to cause the question of whether the proposed additional
territory shall become a part of the district to be submitted
to the legal voters of the proposed additional territory.
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 the filing of 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
having general circulation within the area proposed to be
annexed, and by mailing a copy of the notice to the mayor or
president of the board of trustees of all cities, villages,
and incorporated towns within the district.
At the hearing the district, all persons residing or
owning property within the district, and 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. If the court finds
that the petition is sufficient, the court shall certify the
petition and the proposition to the proper election officials
who shall submit the proposition to the voters at an election
under the general election law. In addition to the
requirements of the general election law, the notice of the
referendum shall include 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 Mid-America Intermodal Authority 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 Mid-America Intermodal Authority 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 within it, 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 a 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 of the hearing 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 Mid-America
Intermodal Authority 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 of the court to the circuit clerk of any other county
in which the annexed territory is situated.
Section 175. Administrative Review Law. All final
administrative decisions of the Board, shall be subject to
judicial review under the provisions of the Administrative
Review Law and the rules adopted under that Act. The term
"administrative decision" means the same as in Section 3-101
of the Code of Civil Procedure.
Section 180. Severability. If any provision of this Act
or its application to any person or circumstance is held
invalid, the invalidity of that provision or application does
not affect other provisions or applications of this Act that
can be given effect without the invalid provision or
application.
Section 185. Interference with private facilities. 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, terminal facility, port
facility, or intermodal 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 that land and those facilities or
the right to use that land and those facilities in the
business of any common carrier or other public utility,
without approval of the Illinois Commerce Commission and
without the payment of just compensation to any common
carrier or other public utility for damages resulting from
any restriction, limitation, or interference.
Section 190. Non-applicability of conflicting provisions
of the Illinois Municipal Code. The provisions of the
Illinois Municipal Code shall not be effective within the
area of the district insofar as the provisions of that Act
conflict with the provisions of this Act or grant
substantially the same powers to any municipal corporation
that are granted to the district by this Act.
Section 800. The Intergovernmental Cooperation Act is
amended by changing Section 2 as follows:
(5 ILCS 220/2) (from Ch. 127, par. 742)
Sec. 2. Definitions. For the purpose of this Act:
(1) The term "public agency" shall mean any unit of
local government as defined in the Illinois Constitution of
1970, any school district, any public community college
district, any public building commission, the State of
Illinois, any agency of the State government or of the United
States, or of any other State, any political subdivision of
another State, and any combination of the above pursuant to
an intergovernmental agreement which includes provisions for
a governing body of the agency created by the agreement.
For the purposes of this Act, "public agency" includes
the Mid-America Intermodal Authority Port District created
under the Mid-America Intermodal Authority Port District Act.
(2) The term "state" shall mean a state of the United
States.
(Source: P.A. 87-1208.)
Section 999. Effective date. This Act takes effect upon
becoming law.