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Sen. Antonio Muņoz
Filed: 11/10/2015
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1 | | AMENDMENT TO HOUSE BILL 3434
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2 | | AMENDMENT NO. ______. Amend House Bill 3434 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Upper Illinois River Valley Development |
5 | | Authority Act is amended by changing Sections 4 and 7 as |
6 | | follows:
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7 | | (70 ILCS 530/4) (from Ch. 85, par. 7154)
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8 | | Sec. 4. Establishment.
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9 | | (a) There is hereby created a political
subdivision, body |
10 | | politic and municipal corporation named the Upper
Illinois |
11 | | River Valley Development Authority. The territorial |
12 | | jurisdiction
of the Authority is that geographic area within |
13 | | the boundaries of Grundy,
LaSalle, Bureau, Putnam, Kendall,
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14 | | Kane, Lake, McHenry,
and Marshall counties in the State of
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15 | | Illinois and
any navigable waters and air space located |
16 | | therein.
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1 | | (b) The governing and administrative powers of the |
2 | | Authority shall be
vested in a body consisting of 21 20 members |
3 | | including, as ex officio
members,
the Director of Commerce and |
4 | | Economic Opportunity, or his or her
designee, and the Director |
5 | | of the Department of Central Management Services,
or his or her |
6 | | designee. The other 19 18 members of the Authority shall
be
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7 | | designated "public members", 10 of whom shall be appointed by |
8 | | the
Governor
with the advice and consent of the Senate and 9 8 |
9 | | of whom shall be
appointed
one each by the county board |
10 | | chairmen of Grundy, LaSalle, Bureau, Putnam,
Kendall,
Kane, |
11 | | Lake, McHenry,
and Marshall counties. All public members shall |
12 | | reside within the
territorial jurisdiction of this Act. Eleven |
13 | | members shall
constitute a
quorum. The public members shall be |
14 | | persons of recognized ability and
experience in one or more of |
15 | | the following areas: economic development,
finance, banking, |
16 | | industrial development, small business management, real
estate |
17 | | development, community development, venture finance, organized |
18 | | labor
or civic, community or neighborhood organization. The |
19 | | Chairman of the
Authority shall be elected by the Board |
20 | | annually from the 9 8 members
appointed by the county board |
21 | | chairmen.
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22 | | (c) The terms of all initial members of the Authority shall |
23 | | begin 30
days after
the effective date of this Act. Of the 14 |
24 | | public members appointed
pursuant to this Act, 4 appointed by |
25 | | the Governor shall serve until the
third Monday in January, |
26 | | 1992, 4 appointed by the Governor shall serve
until the third |
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1 | | Monday in January, 1993, one appointed by the Governor
shall |
2 | | serve until the third Monday in January, 1994, one appointed by |
3 | | the
Governor shall serve until the third Monday in January |
4 | | 1999, the member
appointed by the county board chairman of |
5 | | LaSalle County shall serve until the
third Monday in January, |
6 | | 1992, the members appointed by the county
board
chairmen of |
7 | | Grundy County, Bureau County, Putnam County, and Marshall
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8 | | County shall serve until the third Monday in January, 1994, and |
9 | | the
member appointed by the county board chairman of Kendall |
10 | | County
shall serve until the third Monday in January, 1999.
The |
11 | | initial members appointed by the chairmen of the county boards
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12 | | of Kane and McHenry counties shall serve until
the third Monday |
13 | | in January, 2003. The initial members appointed by the chairman |
14 | | of the county board
of Lake County shall serve until
the third |
15 | | Monday in January, 2018.
All successors shall be
appointed by |
16 | | the original appointing authority and hold office for a term
of |
17 | | 3 years commencing the third Monday in January of the year in |
18 | | which
their term commences, except in case of an appointment to |
19 | | fill a vacancy.
Vacancies occurring among the public members |
20 | | shall be filled for the
remainder of the term. In case of |
21 | | vacancy in a Governor-appointed
membership when the Senate is |
22 | | not in session, the Governor may make a
temporary appointment |
23 | | until the next meeting of the Senate when a person
shall be |
24 | | nominated to fill such office, and any person so nominated who |
25 | | is
confirmed by the Senate shall hold office during the |
26 | | remainder of the term
and until a successor shall be appointed |
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1 | | and qualified. Members of the
Authority shall not be entitled |
2 | | to compensation for their services as
members but shall be |
3 | | entitled to reimbursement for all necessary expenses
incurred |
4 | | in connection with the performance of their duties as members.
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5 | | (d) The Governor may remove any public member of the |
6 | | Authority in case
of incompetency, neglect of duty, or |
7 | | malfeasance in office.
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8 | | (e) The Board shall appoint an Executive Director who shall |
9 | | have a
background in finance, including familiarity with the |
10 | | legal and
procedural requirements of issuing bonds, real estate |
11 | | or economic
development and administration. The Executive |
12 | | Director shall hold office
at the discretion of the Board. The |
13 | | Executive Director shall be the chief
administrative and |
14 | | operational officer of the Authority, shall direct
and |
15 | | supervise its administrative affairs and general management, |
16 | | shall perform
such other duties as may be prescribed from time |
17 | | to time by the members and
shall receive compensation fixed by |
18 | | the Authority. The Executive Director
shall attend all meetings |
19 | | of the Authority; however, no action of the
Authority shall be |
20 | | invalid on account of the absence of the Executive
Director |
21 | | from a meeting. The Authority may engage the services of such
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22 | | other agents and employees, including attorneys, appraisers, |
23 | | engineers,
accountants, credit analysts and other consultants, |
24 | | as it may deem
advisable and may prescribe their duties and fix |
25 | | their compensation.
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26 | | (f) The Board may, by majority vote, nominate up to 4 |
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1 | | non-voting members
for appointment by the Governor. Non-voting |
2 | | members shall be persons of
recognized ability and experience |
3 | | in one or more of the following areas:
economic development, |
4 | | finance, banking, industrial development, small
business |
5 | | management, real estate development, community development,
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6 | | venture finance, organized labor or civic, community or |
7 | | neighborhood
organization. Non-voting members shall serve at |
8 | | the pleasure of the Board.
All non-voting members may attend |
9 | | meetings of the Board and shall be
reimbursed as provided in |
10 | | subsection (c).
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11 | | (g) The Board shall create a task force to study and make
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12 | | recommendations to the Board on the economic development of the |
13 | | territory
within the jurisdiction of this Act. The members of |
14 | | the task force shall
reside within the territorial jurisdiction |
15 | | of this Act, shall serve at the
pleasure of the Board and shall |
16 | | be persons of recognized ability and
experience in one or more |
17 | | of the following areas: economic development,
finance, |
18 | | banking, industrial development, small business management, |
19 | | real
estate development, community development, venture |
20 | | finance, organized labor
or civic, community or neighborhood |
21 | | organization. The number of members
constituting the task force |
22 | | shall be set by the Board and may vary from
time to time. The |
23 | | Board may set a specific date by which the task force is
to |
24 | | submit its final report and recommendations to the Board.
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25 | | (Source: P.A. 94-793, eff. 5-19-06.)
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1 | | (70 ILCS 530/7) (from Ch. 85, par. 7157)
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2 | | Sec. 7. Bonds.
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3 | | (a) The Authority, with the written approval of the
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4 | | Governor, shall have the continuing power to issue bonds, |
5 | | notes, or other
evidences of indebtedness in an aggregate |
6 | | amount outstanding not to exceed $500,000,000
for the purpose |
7 | | of developing, constructing, acquiring or improving
projects, |
8 | | including those established by business entities locating or
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9 | | expanding property within the territorial jurisdiction of the |
10 | | Authority,
for entering into venture capital agreements with |
11 | | businesses locating or
expanding within the territorial |
12 | | jurisdiction of the Authority, for
acquiring and improving any |
13 | | property necessary and useful in connection
therewith and for |
14 | | the purposes of the Employee Ownership Assistance Act.
For the |
15 | | purpose of evidencing the obligations of the Authority to repay |
16 | | any
money borrowed, the Authority may, pursuant to resolution, |
17 | | from time to
time issue and dispose of its interest bearing |
18 | | revenue bonds, notes or
other evidences of indebtedness and may |
19 | | also from time to time issue and
dispose of such bonds, notes |
20 | | or other evidences of indebtedness to refund,
at maturity, at a |
21 | | redemption date or in advance of either, any bonds, notes
or |
22 | | other evidences of indebtedness pursuant to redemption |
23 | | provisions or at
any time before maturity. All such bonds, |
24 | | notes or other evidences of
indebtedness shall be payable |
25 | | solely and only from the revenues or income
to be derived from |
26 | | loans made with respect to projects, from the leasing or
sale |
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1 | | of the projects or from any other funds available to the |
2 | | Authority for
such purposes. The bonds, notes or other |
3 | | evidences of indebtedness may
bear such date or dates, may |
4 | | mature at such time or times not exceeding 40
years from their |
5 | | respective dates, may bear interest at such rate or rates
not |
6 | | exceeding the maximum rate permitted by "An Act to authorize |
7 | | public
corporations to issue bonds, other evidences of |
8 | | indebtedness and tax
anticipation warrants subject to interest |
9 | | rate limitations set forth
therein", approved May 26, 1970, as |
10 | | amended, may be in such form, may carry
such registration |
11 | | privileges, may be executed in such manner, may be
payable at |
12 | | such place or places, may be made subject to redemption in such
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13 | | manner and upon such terms, with or without premium as is |
14 | | stated on the
face thereof, may be authenticated in such manner |
15 | | and may contain such
terms and covenants as may be provided by |
16 | | an applicable resolution.
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17 | | (b-1) The holder or holders of any bonds, notes or other |
18 | | evidences of
indebtedness issued by the Authority may bring |
19 | | suits at law or proceedings
in equity to compel the performance |
20 | | and observance by any corporation or
person or by the Authority |
21 | | or any of its agents or employees of any
contract or covenant |
22 | | made with the holders of such bonds, notes or other
evidences |
23 | | of indebtedness, to compel such corporation, person, the
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24 | | Authority and any of its agents or employees to perform any |
25 | | duties required
to be performed for the benefit of the holders |
26 | | of any such bonds, notes or
other evidences of indebtedness by |
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1 | | the provision of the resolution
authorizing their issuance and |
2 | | to enjoin such corporation, person, the
Authority and any of |
3 | | its agents or employees from taking any action in
conflict with |
4 | | any such contract or covenant.
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5 | | (b-2) If the Authority fails to pay the principal of or |
6 | | interest on any
of the bonds or premium, if any, as the same |
7 | | become due, a civil action to
compel payment may be instituted |
8 | | in the appropriate circuit court by the
holder or holders of |
9 | | the bonds on which such default of payment exists or
by an |
10 | | indenture trustee acting on behalf of such holders. Delivery of |
11 | | a
summons and a copy of the complaint to the Chairman of the |
12 | | Board shall
constitute sufficient service to give the circuit |
13 | | court jurisdiction of the
subject matter of such a suit and |
14 | | jurisdiction over the Authority and its
officers named as |
15 | | defendants for the purpose of compelling such payment.
Any |
16 | | case, controversy or cause of action concerning the validity of |
17 | | this Act
relates to the revenue of the State of Illinois.
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18 | | (c) Notwithstanding the form and tenor of any such bonds, |
19 | | notes or other
evidences of indebtedness and in the absence of |
20 | | any express recital on the
face thereof that it is |
21 | | non-negotiable, all such bonds, notes and other
evidences of |
22 | | indebtedness shall be negotiable instruments. Pending the
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23 | | preparation and execution of any such bonds, notes or other |
24 | | evidences of
indebtedness, temporary bonds, notes or evidences |
25 | | of indebtedness may be
issued as provided by ordinance.
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26 | | (d) To secure the payment of any or all of such bonds, |
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1 | | notes or other
evidences of indebtedness, the revenues to be |
2 | | received by the Authority from
a lease agreement or loan |
3 | | agreement shall be pledged, and, for the purpose
of setting |
4 | | forth the covenants and undertakings of the Authority in
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5 | | connection with the issuance thereof and the issuance of any |
6 | | additional
bonds, notes or other evidences of indebtedness |
7 | | payable from such revenues,
income or other funds to be derived |
8 | | from projects, the Authority may
execute and deliver a mortgage |
9 | | or trust agreement. A remedy for any breach
or default of the |
10 | | terms of any such mortgage or trust agreement by the
Authority |
11 | | may be by mandamus proceedings in the appropriate circuit court
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12 | | to compel the performance and compliance therewith, but the |
13 | | trust agreement
may prescribe by whom or on whose behalf such |
14 | | action may be instituted.
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15 | | (e) Such bonds or notes shall be secured as provided in the |
16 | | authorizing
ordinance which may, notwithstanding any other |
17 | | provision of this Act,
include in addition to any other |
18 | | security a specific pledge or assignment
of and lien on or |
19 | | security interest in any or all revenues or money of the
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20 | | Authority from whatever source which may by law be used for |
21 | | debt
service purposes and a specific pledge or assignment of |
22 | | and lien on or
security interest in any funds or accounts |
23 | | established or provided for by
ordinance of the Authority |
24 | | authorizing the issuance of such bonds or notes.
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25 | | (f) (Blank). In the event that the Authority determines |
26 | | that monies of the
Authority will not be sufficient for the |
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1 | | payment of the principal of and
interest on its bonds during |
2 | | the next State fiscal year, the
Chairman, as soon as |
3 | | practicable, shall certify to the Governor the
amount required |
4 | | by the Authority to enable
it to pay such principal of and |
5 | | interest on the bonds.
The Governor shall submit the amount so |
6 | | certified to the General Assembly
as soon as practicable, but |
7 | | no later than the end of the current State fiscal
year. This |
8 | | Section shall
not apply to any bonds or notes as to which the
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9 | | Authority shall have determined, in the resolution authorizing |
10 | | the issuance
of the bonds or notes, that this Section shall not |
11 | | apply. Whenever the
Authority makes such a determination, that |
12 | | fact shall be plainly stated on
the face of the bonds or notes |
13 | | and that fact shall also be reported to the Governor.
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14 | | In the event of a withdrawal of moneys from a reserve fund |
15 | | established
with respect to any issue or issues of bonds of the |
16 | | Authority to pay
principal or interest on those bonds, the |
17 | | Chairman of the Authority, as
soon as practicable, shall |
18 | | certify to the Governor the amount required
to restore the |
19 | | reserve fund to the level required in the
resolution or |
20 | | indenture securing those bonds.
The Governor shall submit the |
21 | | amount so certified to the General Assembly
as soon as |
22 | | practicable, but no later than the end of the current State |
23 | | fiscal year. This subsection (f) shall not apply to any bond |
24 | | issued on or after the effective date of this amendatory Act of |
25 | | the 97th General Assembly.
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26 | | (g) The State of Illinois pledges to and agrees with the |
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1 | | holders of the
bonds and notes of the Authority issued pursuant |
2 | | to this Section that the
State will not limit or alter the |
3 | | rights and powers vested in the Authority
by this Act so as to |
4 | | impair the terms of any contract made by the Authority
with |
5 | | such holders or in any way impair the rights and remedies of |
6 | | such
holders until such bonds and notes, together with interest |
7 | | thereon, with
interest on any unpaid installments of interest, |
8 | | and all costs and expenses
in connection with any action or |
9 | | proceedings by or on behalf of such
holders, are fully met and |
10 | | discharged. In addition, the State pledges to
and agrees with |
11 | | the holders of the bonds and notes of the Authority issued
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12 | | pursuant to this Section that the State will not limit or alter |
13 | | the basis
on which State funds are to be paid to the Authority |
14 | | as provided in this
Act, or the use of such funds, so as to |
15 | | impair the terms of any such
contract. The Authority is |
16 | | authorized to include these pledges and
agreements of the State |
17 | | in any contract with the holders of bonds or notes
issued |
18 | | pursuant to this Section.
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19 | | (h) (Blank).
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20 | | (Source: P.A. 97-312, eff. 8-11-11; 98-750, eff. 1-1-15 .)
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21 | | Section 10. The Kaskaskia Regional Port District Act is |
22 | | amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as |
23 | | follows:
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24 | | (70 ILCS 1830/1.1)
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1 | | Sec. 1.1. Purpose. The General Assembly declares that the |
2 | | main purpose of
this
Act is to
promote industrial, commercial, |
3 | | transportation, homeland security, recreation, water supply, |
4 | | flood control, and economic activities
thereby reducing
the |
5 | | evils attendant upon unemployment and enhancing the public |
6 | | health , safety, and
welfare of
this State.
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7 | | (Source: P.A. 90-785, eff. 1-1-99.)
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8 | | (70 ILCS 1830/3) (from Ch. 19, par. 503)
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9 | | Sec. 3.
There is created a political subdivision body |
10 | | politic and
municipal corporation, named "Kaskaskia Regional |
11 | | Port District"
embracing all of Monroe and Randolph Counties |
12 | | and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, |
13 | | Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and |
14 | | Lenzburg Townships of St. Clair County. The
Port District may |
15 | | sue and be sued in its corporate name but execution
shall not |
16 | | in any case issue against any property owned by the Port
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17 | | District except for Port District property that the Port |
18 | | District pledged as collateral to a bank or other financial |
19 | | institution to secure a bank loan . It may adopt a common seal |
20 | | and change the same at pleasure.
The principal office of the |
21 | | Port District shall be in the city of Red Bud
Chester , |
22 | | Illinois.
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23 | | No rights, duties or privileges of such District, or those |
24 | | of any
person, existing before the change of name shall be |
25 | | affected by the
change provided by this amendatory Act of 1967. |
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1 | | All proceedings pending
in any court in favor of or against |
2 | | such District may continue to final
consummation under the name |
3 | | in which they were commenced.
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4 | | (Source: P.A. 80-1495.)
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5 | | (70 ILCS 1830/6) (from Ch. 19, par. 506)
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6 | | Sec. 6. The Port District has the following functions, |
7 | | powers and duties:
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8 | | (a) to study the existing harbor facilities within the area |
9 | | of the Port
District and to recommend to an appropriate |
10 | | governmental agency, including
the General Assembly of |
11 | | Illinois, such changes and modifications as may
from time to |
12 | | time be required for continuing development therein and to
meet |
13 | | changing business and commercial needs;
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14 | | (b) to make an investigation of conditions within the Port |
15 | | District and to
prepare and adopt a comprehensive plan for the |
16 | | development of port
facilities for the Port District. In |
17 | | preparing and recommending changes and
modifications in |
18 | | existing harbor facilities, or a comprehensive plan for
the |
19 | | development of such port facilities, as above provided, the |
20 | | Port
District if it deems desirable may set aside and allocate |
21 | | an area or areas,
within the lands owned by it, to be leased to |
22 | | private parties for
industrial, manufacturing, commercial, or |
23 | | harbor purposes, where such area
or areas in the opinion of the |
24 | | Board, are not required for primary purposes
in the development |
25 | | of harbor and port facilities for the use of public
water and |
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1 | | land transportation, or will not be needed immediately for such
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2 | | purposes, and where such leasing in the opinion of the Board |
3 | | will aid and
promote the development of terminal and port |
4 | | facilities;
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5 | | (c) to study and make recommendations to the proper |
6 | | authority for the
improvement of terminal, lighterage, |
7 | | wharfage, warehousing, anchorage,
transfer and other |
8 | | facilities necessary for the promotion of commerce and
the |
9 | | interchange of traffic within, to and from the Port District;
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10 | | (d) to study, prepare and recommend by specific proposals |
11 | | to the General
Assembly of Illinois changes in the jurisdiction |
12 | | of the Port District;
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13 | | (e) to petition any federal, state, municipal or local |
14 | | authority,
administrative, judicial and legislative, having |
15 | | jurisdiction in the
premises, for the adoption and execution of |
16 | | any physical improvement,
change in method, system of handling |
17 | | freight, warehousing, docking,
lightering and transfer of |
18 | | freight, which in the opinion of the Board are
designed to |
19 | | improve or better the handling of commerce in and through the
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20 | | Port District or improve terminal or transportation facilities |
21 | | therein ; and .
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22 | | (f) to petition any federal, state, or local authority, |
23 | | including administrative, judicial, and legislative branches, |
24 | | having jurisdiction for the adoption and execution of any |
25 | | physical improvement or operation related to the management of |
26 | | fish and wildlife, recreation, water supply, or flood control |
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1 | | which in the opinion of the Board is for the purpose of |
2 | | improving or bettering the quality of life in the Port District |
3 | | or add to the diversity of amenities related to that purpose. |
4 | | (Source: Laws 1965, p. 1013.)
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5 | | (70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
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6 | | Sec. 7.1. Additional rights and powers.
The Port District |
7 | | has the following additional rights and powers:
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8 | | (a) To issue permits for the construction of all wharves, |
9 | | piers,
dolphins, booms, weirs, breakwaters, bulkheads, |
10 | | jetties, bridges or other
structures of any kind, over, under, |
11 | | in, or within 40 feet of any navigable
waters within the Port |
12 | | District, for the deposit of rock, earth, sand or
other |
13 | | material, or any matter of any kind or description in such |
14 | | waters;
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15 | | (b) To prevent and remove obstructions in navigable waters, |
16 | | including
the removal of wrecks or vessels; to recover damages, |
17 | | including attorney fees, for the removal and clean-up of the |
18 | | site or sites and the surrounding or downstream environment; |
19 | | these rights and powers shall include, but are not limited to, |
20 | | emergency powers to seize wrecks or vessels, remediate damages, |
21 | | and provide for the disposition of the wrecks or vessels ;
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22 | | (c) To locate and establish dock lines and shore or harbor |
23 | | lines;
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24 | | (d) To regulate the anchorage, moorage and speed of water |
25 | | borne vessels
and to establish and enforce regulations for the |
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1 | | operation of bridges;
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2 | | (e) To acquire, own, construct, lease, operate and maintain |
3 | | terminals,
terminal facilities, port facilities, |
4 | | transportation equipment facilities,
railroads and marinas, |
5 | | and airport facilities
and systems, and to fix and collect |
6 | | just, reasonable, and
non-discriminatory charges for use of |
7 | | such facilities, equipment and
systems. The charges so |
8 | | collected shall be used to defray the reasonable
expenses of |
9 | | the Port District, and to pay the principal of and interest on
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10 | | any revenue bonds issued by the Port District;
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11 | | (f) To operate, maintain, manage, lease, sub-lease, and to |
12 | | make and
enter into contracts for the use, operation or |
13 | | management of, and to
provide rules and regulations for, the |
14 | | operation, management or use of, any
public port or public port |
15 | | facility;
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16 | | (g) To fix, charge and collect reasonable rentals, tolls, |
17 | | fees and
charges for the use of any public port, or any part |
18 | | thereof, or any public
port facility;
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19 | | (h) To establish, maintain, expand and improve roadways, |
20 | | railroads, and
approaches by land, or water, to any such |
21 | | terminal, terminal facility and
port facilities, and to |
22 | | contract or otherwise provide by condemnation, if
necessary, |
23 | | for the removal of any port, terminal, terminal facilities and
|
24 | | port facility hazards or the removal or relocation of all |
25 | | private
structures, railroads, mains, pipes, conduits, wires, |
26 | | poles, and all other
facilities and equipment which may |
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1 | | interfere with the location, expansion,
development or |
2 | | improvement of ports, terminals, terminal facilities and
port |
3 | | facilities or with the safe approach thereto, or exit or |
4 | | takeoff
therefrom by vehicles, vessels, barges and other means |
5 | | of transportation,
and to pay the cost of removal or |
6 | | relocation;
|
7 | | (i) To police its physical property only and all waterways |
8 | | and to
exercise police powers in respect thereto or in respect |
9 | | to the enforcement
of any rule or regulation provided by the |
10 | | ordinances of the District and to
employ and commission police |
11 | | officers and other qualified persons to
enforce such rules and |
12 | | regulations. A regulatory ordinance of the District
adopted |
13 | | under any provisions of this Section may provide for a |
14 | | suspension
or revocation of any rights or privileges within the |
15 | | control of the
District for a violation of any such regulatory |
16 | | ordinance.
|
17 | | (j) To enter into agreements with the corporate authorities |
18 | | or governing
body of any other municipal corporation or any |
19 | | political subdivision of
this State to pay the reasonable |
20 | | expense of services furnished by such
municipal corporation or |
21 | | political subdivision for or on account of income
producing |
22 | | properties of the District;
|
23 | | (k) To enter into contracts dealing in any manner with the |
24 | | objects and
purposes of this Act;
|
25 | | (l) To acquire, own, lease, mortgage, sell , or otherwise |
26 | | dispose of interests in
and to real property and improvements |
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1 | | situate thereon and in personal
property necessary to fulfill |
2 | | the purposes of the District;
|
3 | | (m) To designate the fiscal year for the District;
|
4 | | (n) To engage in any activity or operation which is |
5 | | incidental to and in
furtherance of efficient operation to |
6 | | accomplish the District's primary
purpose;
|
7 | | (o) To acquire, erect, construct, maintain and operate |
8 | | aquariums,
museums, planetariums, climatrons and other |
9 | | edifices for the collection and
display of objects pertaining |
10 | | to natural history or the arts and sciences
and to permit the |
11 | | directors or trustees of any corporation or society
organized |
12 | | for the erection, construction, maintenance and operation of an
|
13 | | aquarium, museum, planetarium, climatron or other such edifice |
14 | | to perform
such erection, construction, maintenance and |
15 | | operation on or within any
property now or hereafter owned by |
16 | | or under the control or supervision of
the District; and to |
17 | | contract with any such directors or trustees relative
to such |
18 | | acquisition, erection, construction, maintenance and operation |
19 | | and
to charge or authorize such directors or trustees to charge |
20 | | an admission
fee, the proceeds of which shall be devoted |
21 | | exclusively to such erection,
construction, maintenance and |
22 | | operation;
|
23 | | (p) To do any act which is enumerated in Section 11-74.1-1 |
24 | | of the
"Illinois Municipal Code", in the same manner and form |
25 | | as though the
District were a "municipality" as referred to in |
26 | | such Section;
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1 | | (q) To acquire, erect, construct, reconstruct, improve, |
2 | | maintain and
operate one or more, or a combination or |
3 | | combinations of, industrial
buildings, office buildings, |
4 | | buildings to be used as a factory, mill shops,
processing |
5 | | plants, packaging plants, assembly plants, fabricating plants,
|
6 | | and buildings to be used as warehouses and other storage |
7 | | facilities.
|
8 | | (r) To acquire, own, construct, lease or contract for any |
9 | | period not
exceeding 99
years, operate, develop, and maintain |
10 | | Port District water and sewage systems
and other
utility |
11 | | systems and services, including, but not limited to, pipes, |
12 | | mains,
lines, sewers,
pumping stations, settling tanks, |
13 | | treatment plants, water purification
equipment, wells,
storage |
14 | | facilities, lines, and all other equipment, material, and |
15 | | facilities
necessary to those
systems, for the use, upon |
16 | | payment of reasonable fee set by the District, of
any tenant,
|
17 | | occupant, or user of the District facilities or any person |
18 | | engaged in commerce
in the
District; provided that the District |
19 | | shall not acquire, own, construct, lease,
operate,
develop, and |
20 | | maintain the systems and services if those systems and
services |
21 | | can be
provided by an investor-owned public utility offering |
22 | | electric or gas services.
The public
utility shall provide the |
23 | | District with a written response, within 30 days
after |
24 | | receiving a
written request from the District for those systems |
25 | | or services, stating
whether it will or
will not be able to |
26 | | provide the requested systems or services in accordance
with |
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1 | | the Public
Utilities
Act.
|
2 | | (Source: P.A. 90-785, eff. 1-1-99.)
|
3 | | (70 ILCS 1830/14) (from Ch. 19, par. 514)
|
4 | | Sec. 14. The District has power to acquire and accept by |
5 | | purchase, lease,
gift, grant or otherwise any property and |
6 | | rights useful for its purposes
and to provide for the |
7 | | development of channels, ports, harbors, airports,
airfields, |
8 | | terminals, port facilities, terminal facilities, trails, and |
9 | | other
transportation facilities within the Port District |
10 | | adequate to serve the
needs of commerce within the area served |
11 | | by the Port District. The Port
District may acquire real or |
12 | | personal property or any rights therein in the
manner, as near |
13 | | as may be, as is provided for the
exercise of the right of |
14 | | eminent domain under the Eminent Domain Act, except that no |
15 | | property owned by any
municipality within the Port District |
16 | | shall be taken or appropriated
without first obtaining consent |
17 | | of the governing body of such municipality.
|
18 | | (Source: P.A. 94-1055, eff. 1-1-07.)
|
19 | | (70 ILCS 1830/20.2)
|
20 | | Sec. 20.2. Authorization to borrow moneys. The District's |
21 | | Board may borrow
money from any bank or other financial |
22 | | institution and may provide appropriate
security , including |
23 | | mortgaging real estate, for that borrowing, if the money is |
24 | | repaid within 20 3 years after the
money is borrowed. |
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1 | | "Financial institution" means any bank subject to the
Illinois |
2 | | Banking Act, any savings and loan association subject to the |
3 | | Illinois
Savings and Loan Act of 1985, any savings bank subject |
4 | | to the Savings Bank Act,
and any federally chartered commercial |
5 | | bank or savings and loan association
organized and operated in |
6 | | this State pursuant to the laws of the United States.
|
7 | | (Source: P.A. 94-562, eff. 1-1-06.)
|
8 | | Section 15. The Metropolitan Water Reclamation District |
9 | | Act is amended by changing Section 308 as follows: |
10 | | (70 ILCS 2605/308) |
11 | | Sec. 308. District enlarged. Upon the effective date of |
12 | | this amendatory Act of the 99th General Assembly, the corporate |
13 | | limits of the Metropolitan Water Reclamation District of |
14 | | Greater Chicago are extended to include within those corporate |
15 | | limits the following described tracts of land and the tracts |
16 | | are hereby annexed to the District: |
17 | | Parcel 1: |
18 | | THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION |
19 | | 28, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL |
20 | | MERIDIAN, LYING EAST OF THE EAST RIGHT OF WAY LINE OF |
21 | | ELGIN, JOLIET AND EASTERN RAILROAD, IN COOK COUNTY, |
22 | | ILLINOIS. |
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1 | | Parcel 2: |
2 | | THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP |
3 | | 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, |
4 | | (EXCEPT THEREFROM STRIP OFF THE WEST END THEREOF CONVEYED |
5 | | TO JERMIAH H. BROWNING BY DEED RECORDED SEPTEMBER 15TH |
6 | | 1859, AS DOCUMENT 23078 IN BOOK
162, PAGE 619, SAID STRIP |
7 | | BEING THIRTY FOUR AND ONE HALF FEET WIDE AT NORTH END FORTY |
8 | | TWO FEET WIDE AT SOUTH END) IN COOK COUNTY, ILLINOIS.
|
9 | | PARCEL 3: |
10 | | THAT PART OF HIGGINS ROAD (ILLINOIS ROUTE 72) LYING WITHIN |
11 | | THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION |
12 | | 33 AND THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP |
13 | | 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, |
14 | | EAST OF THE EAST RIGHT OF WAY LINE OF ELGIN, JOLIET AND |
15 | | EASTERN RAILWAY, SOUTH OF THE NORTHERLY RIGHT OF WAY LINE |
16 | | OF STATE ROUTE 72 PER DOCUMENT 12059405 AND AS SHOWN ON |
17 | | PLAT OF SURVEY RECORDED AS DOCUMENT 12647596 AND NORTH OF |
18 | | THE FOLLOWING DESCRIBED PROPERTY: STARTING AT A POINT AT |
19 | | THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE |
20 | | SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 |
21 | | EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 00 |
22 | | DEGREES 09 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF |
23 | | AFORESAID NORTHWEST QUARTER, 1769.41 FEET TO A POINT ON THE |
24 | | SOUTH RIGHT-OF-WAY LINE OF HIGGINS ROAD (STATE ROUTE 72); |
25 | | THENCE NORTHWEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF |
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1 | | HIGGINS ROAD, NORTH 69 DEGREES 18 MINUTES 06 SECONDS WEST, |
2 | | 1821.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF ELGIN, |
3 | | JOLIET AND EASTERN RAILWAY; THENCE SOUTH 10 DEGREES 55 |
4 | | MINUTES 12 SECONDS WEST ALONG SAID EASTERLY RIGHT-OF-WAY |
5 | | LINE, 1122. 49 FEET TO A POINT ON THE SOUTH LINE OF THE |
6 | | NORTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89 DEGREES 57 |
7 | | MINUTES 40 SECONDS EAST, 695.32 FEET; THENCE SOUTH 01 |
8 | | DEGREES 01 MINUTES 09 SECONDS WEST, 280.10 FEET; THENCE |
9 | | SOUTH 02 DEGREES 21 MINUTES 40 SECONDS WEST, 1036.29 FEET |
10 | | TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST |
11 | | QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9 EAST; |
12 | | THENCE SOUTH 89 DEGREES 46 MINUTES 32 SECONDS WEST ALONG |
13 | | AFORESAID NORTH LINE, 901.63 FEET TO THE EASTERLY |
14 | | RIGHT-OF-WAY LINE OF ELGIN, JOLIET AND EASTERN |
15 | | RIGHT-OF-WAY; THENCE SOUTH 10 DEGREES 55 MINUTES 12 SECONDS |
16 | | WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1387.00 FEET TO |
17 | | THE NORTHERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLLWAY |
18 | | (I-90); THENCE SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST, |
19 | | 81.72 FEET; THENCE CONTINUING NORTH 89 DEGREES 54 MINUTES |
20 | | 53 SECONDS EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY |
21 | | LINE, 1514.13 FEET; THENCE NORTH 74 DEGREES 11 MINUTES 48 |
22 | | SECONDS EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, |
23 | | 471.85 FEET; THENCE NORTH 50 DEGREES 25 MINUTES 36 SECONDS |
24 | | EAST ALONG AFORESAID NORTHERLY RIGHT-OF-WAY , 501.95 FEET |
25 | | TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST |
26 | | QUARTER OF AFORESAID SECTION 33; THENCE NORTH 00 DEGREES 04 |