Public Act 099-0507
 
HB0740 EnrolledLRB099 04545 AWJ 24573 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Kaskaskia Regional Port District Act is 
amended  by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as 
follows:
 



    (70 ILCS 1830/1.1)



    Sec. 1.1. Purpose. The General Assembly declares that the 
main purpose of
this
Act is to
promote industrial, commercial, 
transportation, homeland security, recreation, water supply, 
flood control, and economic activities
thereby reducing
the 
evils attendant upon unemployment and enhancing the public 
health, safety, and
welfare of
this State.

(Source: P.A. 90-785, eff. 1-1-99.)

 



    (70 ILCS 1830/3)  (from Ch. 19, par. 503)



    Sec. 3. 
There is created a political subdivision body 
politic and
municipal corporation, named "Kaskaskia Regional 
Port District"
embracing all of Monroe and Randolph Counties 
and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, 
Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and 
Lenzburg Townships of St. Clair County. The
Port District may 
sue and be sued in its corporate name but execution
shall not 
in any case issue against any property owned by the Port

District except for Port District property that the Port 
District pledged as collateral to a bank or other financial 
institution to secure a bank loan. It may adopt a common seal 
and change the same at pleasure.
The principal office of the 
Port District shall be in the city of Red Bud
Chester, 
Illinois.

    No rights, duties or privileges of such District, or those 
of any
person, existing before the change of name shall be 
affected by the
change provided by this amendatory Act of 1967. 
All proceedings pending
in any court in favor of or against 
such District may continue to final
consummation under the name 
in which they were commenced.

(Source: P.A. 80-1495.)

 



    (70 ILCS 1830/6)  (from Ch. 19, par. 506)



    Sec. 6. The Port District has the following functions, 
powers and duties: 

    (a) to study the existing harbor facilities within the area 
of the Port
District and to recommend to an appropriate 
governmental agency, including
the General Assembly of 
Illinois, such changes and modifications as may
from time to 
time be required for continuing development therein and to
meet 
changing business and commercial needs;

    (b) to make an investigation of conditions within the Port 
District and to
prepare and adopt a comprehensive plan for the 
development of port
facilities for the Port District. In 
preparing and recommending changes and
modifications in 
existing harbor facilities, or a comprehensive plan for
the 
development of such port facilities, as above provided, the 
Port
District if it deems desirable may set aside and allocate 
an area or areas,
within the lands owned by it, to be leased to 
private parties for
industrial, manufacturing, commercial, or 
harbor purposes, where such area
or areas in the opinion of the 
Board, are not required for primary purposes
in the development 
of harbor and port facilities for the use of public
water and 
land transportation, or will not be needed immediately for such

purposes, and where such leasing in the opinion of the Board 
will aid and
promote the development of terminal and port 
facilities;

    (c) to study and make recommendations to the proper 
authority for the
improvement of terminal, lighterage, 
wharfage, warehousing, anchorage,
transfer and other 
facilities necessary for the promotion of commerce and
the 
interchange of traffic within, to and from the Port District;

    (d) to study, prepare and recommend by specific proposals 
to the General
Assembly of Illinois changes in the jurisdiction 
of the Port District;

    (e) to petition any federal, state, municipal or local 
authority,
administrative, judicial and legislative, having 
jurisdiction in the
premises, for the adoption and execution of 
any physical improvement,
change in method, system of handling 
freight, warehousing, docking,
lightering and transfer of 
freight, which in the opinion of the Board are
designed to 
improve or better the handling of commerce in and through the

Port District or improve terminal or transportation facilities 
therein; and .

    (f) to petition any federal, state, or local authority, 
including administrative, judicial, and legislative branches, 
having jurisdiction for the adoption and execution of any 
physical improvement or operation related to the management of 
fish and wildlife, recreation, water supply, or flood control 
which in the opinion of the Board is for the purpose of 
improving or bettering the quality of life in the Port District 
or add to the diversity of amenities related to that purpose. 
(Source: Laws 1965, p. 1013.)

 



    (70 ILCS 1830/7.1)  (from Ch. 19, par. 507.1)



    Sec. 7.1. Additional rights and powers. 
The Port District 
has the following additional 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 Port 
District, for the deposit of rock, earth, sand or
other 
material, or any matter of any kind or description in such 
waters;

    (b) To prevent and remove obstructions in navigable waters, 
including
the removal of wrecks or vessels; to recover damages, 
including attorney fees, for the removal and clean-up of the 
site or sites and the surrounding or downstream environment; 
these rights and powers shall include, but are not limited to, 
emergency powers to seize wrecks or vessels, remediate damages, 
and provide for the disposition of the wrecks or vessels;

    (c) To locate and establish dock lines and shore or harbor 
lines;

    (d) To regulate the anchorage, moorage and speed of water 
borne vessels
and to establish and enforce regulations for the 
operation of bridges;

    (e) To acquire, own, construct, lease, operate and maintain 
terminals,
terminal facilities, port facilities, 
transportation equipment facilities,
railroads and marinas, 
and airport facilities
and systems, and to fix and collect 
just, reasonable, and
non-discriminatory charges for use of 
such facilities, equipment and
systems. The charges so 
collected shall be used to defray the reasonable
expenses of 
the Port District, and to pay the principal of and interest on

any revenue bonds issued by the Port District;

    (f) To operate, maintain, manage, lease, sub-lease, 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 port or public port 
facility;

    (g) To fix, charge and collect reasonable rentals, tolls, 
fees and
charges for the use of any public port, or any part 
thereof, or any public
port facility;

    (h) To establish, maintain, expand and improve roadways, 
railroads, and
approaches by land, or water, to any such 
terminal, terminal facility and
port facilities, and to 
contract or otherwise provide by condemnation, if
necessary, 
for the removal of any port, terminal, terminal facilities and

port facility hazards or the removal or relocation of all 
private
structures, railroads, mains, pipes, conduits, wires, 
poles, and all other
facilities and equipment which may 
interfere with the location, expansion,
development or 
improvement of ports, terminals, terminal facilities and
port 
facilities or with the safe approach thereto, or exit or 
takeoff
therefrom by vehicles, vessels, barges and other means 
of transportation,
and to pay the cost of removal or 
relocation;

    (i) 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 such rules and 
regulations. 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.

    (j) To enter into agreements with the corporate authorities 
or governing
body of any other municipal corporation or any 
political subdivision of
this State to pay the reasonable 
expense of services furnished by such
municipal corporation or 
political subdivision for or on account of income
producing 
properties of the District;

    (k) To enter into contracts dealing in any manner with the 
objects and
purposes of this Act;

    (l) To acquire, own, lease, mortgage, sell, or otherwise 
dispose of interests in
and to real property and improvements 
situate thereon and in personal
property necessary to fulfill 
the purposes of the District;

    (m) To designate the fiscal year for the District;

    (n) To engage in any activity or operation which is 
incidental to and in
furtherance of efficient operation to 
accomplish the District's primary
purpose;

    (o) To acquire, erect, construct, maintain and operate 
aquariums,
museums, planetariums, climatrons and other 
edifices for the collection and
display of objects pertaining 
to natural history or the arts and sciences
and to permit the 
directors or trustees of any corporation or society
organized 
for the erection, construction, maintenance and operation of an

aquarium, museum, planetarium, climatron or other such edifice 
to perform
such erection, construction, maintenance and 
operation on or within any
property now or hereafter owned by 
or under the control or supervision of
the District; and to 
contract with any such directors or trustees relative
to such 
acquisition, erection, construction, maintenance and operation 
and
to charge or authorize such directors or trustees to charge 
an admission
fee, the proceeds of which shall be devoted 
exclusively to such erection,
construction, maintenance and 
operation;

    (p) To do any act which is enumerated in Section 11-74.1-1 
of the
"Illinois Municipal Code", in the same manner and form 
as though the
District were a "municipality" as referred to in 
such Section;

    (q) To acquire, erect, construct, reconstruct, improve, 
maintain and
operate one or more, or a combination or 
combinations of, industrial
buildings, office buildings, 
buildings to be used as a factory, mill shops,
processing 
plants, packaging plants, assembly plants, fabricating plants,

and buildings to be used as warehouses and other storage 
facilities.

    (r) To acquire, own, construct, lease or contract for any 
period not
exceeding 99
years, operate, develop, and maintain 
Port District water and sewage systems
and other
utility 
systems and services, including, but not limited to, pipes, 
mains,
lines, sewers,
pumping stations, settling tanks, 
treatment plants, water purification
equipment, wells,
storage 
facilities, lines, and all other equipment, material, and 
facilities
necessary to those
systems, for the use, upon 
payment of reasonable fee set by the District, of
any tenant,

occupant, or user of the District facilities or any person 
engaged in commerce
in the
District; provided that the District 
shall not acquire, own, construct, lease,
operate,
develop, and 
maintain the systems and services if those systems and
services 
can be
provided by an investor-owned public utility offering 
electric or gas services.
 The public
utility shall provide the 
District with a written response, within 30 days
after 
receiving a
written  request from the District for those systems 
or services, stating
whether it will or
will not be able to 
provide the requested systems or services in accordance
with 
the Public
Utilities
Act.

(Source: P.A. 90-785, eff. 1-1-99.)

 



    (70 ILCS 1830/14)  (from Ch. 19, par. 514)



    Sec. 14. The District has power to acquire and accept by 
purchase, lease,
gift, grant or otherwise any property and 
rights useful for its purposes
and to provide for the 
development of channels, ports, harbors, airports,
airfields, 
terminals, port facilities, terminal facilities, trails, and 
other
transportation facilities within the Port District 
adequate to serve the
needs of commerce within the area served 
by the Port District. The Port
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 
property owned by any
municipality within the Port District 
shall be taken or appropriated
without first obtaining consent 
of the governing body of such municipality.

(Source: P.A. 94-1055, eff. 1-1-07.)

 



    (70 ILCS 1830/20.2)



    Sec. 20.2. Authorization to borrow moneys. The District's 
Board may borrow
money from any bank or other financial 
institution and may provide appropriate
security, including 
mortgaging real estate, for that borrowing, if the money is 
repaid within 20 3 years after the
money is borrowed.  
"Financial institution" means any bank subject to the
Illinois 
Banking Act, any savings and loan association subject to the 
Illinois
Savings and Loan Act of 1985, any savings bank subject 
to the Savings Bank Act,
and any federally chartered commercial 
bank or savings and loan association
organized and operated in 
this State pursuant to the laws of the United States.

(Source: P.A. 94-562, eff. 1-1-06.)

  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.