(70 ILCS 1815/1) (from Ch. 19, par. 801)
Sec. 1.
This Act shall be known and may be cited as the "Illinois Valley
Regional Port District Act".
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2) (from Ch. 19, par. 802)
Sec. 2.
As used in this Act, unless the context requires otherwise, the terms
defined in Sections 2.1 through 2.9 shall have the meaning ascribed to them
in those Sections.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.1) (from Ch. 19, par. 802.1)
Sec. 2.1.
"Port District" or "District" means the Illinois Valley Regional Port
District created by this Act.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.2) (from Ch. 19, par. 802.2)
Sec. 2.2.
"Terminal" means a public place, station or depot for receiving and
delivering baggage, mail, freight, express matter or raw materials and for
any combination of such purposes, in connection with transportation by
water or air of persons and property.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.3) (from Ch. 19, par. 802.3)
Sec. 2.3.
"Terminal facilities" means all lands, buildings, structures,
improvements, equipment, appliances, conveyances, and other methods of
transportation useful in the operation of public warehouse, storage and
transportation facilities for air and water commerce.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.4) (from Ch. 19, par. 802.4)
Sec. 2.4.
"Port facilities" means all public structures, except terminal
facilities as defined herein, that are in, over, under or adjacent to
navigable waters and are necessary for or incident to the furtherance of
air and water commerce; and includes the widening and deepening of slips,
anchorage, harbors and navigable waters, and the construction of any
airport facilities.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.5) (from Ch. 19, par. 802.5)
Sec. 2.5.
"Navigable waters" means any public waters which are or can be made
usable for water commerce.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.6) (from Ch. 19, par. 802.6)
Sec. 2.6.
"Governmental agency" means the Federal, State and any local
governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.7) (from Ch. 19, par. 802.7)
Sec. 2.7.
"Person" means any individual, firm, partnership, corporation, both
domestic and foreign, company, association or joint stock association; and
includes any trustee, receiver, assignee or personal representative
thereof.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.8) (from Ch. 19, par. 802.8)
Sec. 2.8.
"Board" means Illinois Valley Regional Port District Board.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/2.9) (from Ch. 19, par. 802.9)
Sec. 2.9.
"Governor" means the Governor of the State of Illinois.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/3) (from Ch. 19, par. 803)
Sec. 3.
There is created a political subdivision body politic and municipal
corporation, named "Illinois Valley Regional Port District" embracing all
of Putnam County and the townships of LaSalle, Peru, Utica, Eden and
Dimmick in LaSalle County and Hall, Selby and Leppertown townships in
Bureau 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. It may adopt a common seal and change the same at pleasure.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/3.1) (from Ch. 19, par. 803.1)
Sec. 3.1.
If a petition is filed with the State Board of Elections, signed
by not less than 5% of the registered voters of the district, requesting
the submission to a referendum of the question "Shall .... township be disconnected
from the Illinois Valley Regional Port District?", the State Board of Elections
shall certify the question to the election authorities in the district who
shall submit the question to the voters of the district at the next regular
election held at least 78 days after the petition is filed. The petition
shall be circulated in the manner required by Section 28-3 of The Election
Code, objections thereto and the manner of their disposition shall be in
accordance with Section 28-4 of The Election Code, and notice of the election
shall be given in the manner provided in Article 12 of The Election Code.
The Board shall cause the results of the referendum to be entered upon the
records of the port district. If a majority of the vote on the proposition
is in favor thereof, the Board shall declare the township to be disconnected
from the district.
(Source: P.A. 82-565.)
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(70 ILCS 1815/4) (from Ch. 19, par. 804)
Sec. 4.
All property of every kind owned by the Port District shall be exempt
from taxation, provided that a tax may be levied upon a lessee of the Port
District by reason of the value of a leasehold estate separate and apart
from the fee simple title, or upon such improvements as are constructed and
owned by others than the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/5) (from Ch. 19, par. 805)
Sec. 5.
All property of the Port District shall be public grounds owned by a
municipal corporation and used exclusively for public purposes within the
tax exemption provisions of Sections 15-10, 15-15, 15-20, 15-30, 15-75,
15-140, 15-155, and 15-160 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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(70 ILCS 1815/6) (from Ch. 19, par. 806)
Sec. 6.
The Port District has the functions, powers and duties set out in
Sections 6.1 through 6.11.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.1) (from Ch. 19, par. 806.1)
Sec. 6.1.
To study the existing harbor and airport facilities within the area of
the Port District and to recommend to an appropriate governmental agency,
including the General Assembly, such changes and modifications as may from
time to time be required for continuing development therein and to meet
changing business and commercial needs.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.2) (from Ch. 19, par. 806.2)
Sec. 6.2.
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 and airport 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, land, and air transportation, or will not be needed immediately for
such purposes, and where such leasing in the opinion of the Board will aid
and promote the development of terminal and port facilities.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.3) (from Ch. 19, par. 806.3)
Sec. 6.3.
To study and make recommendations to the proper authority for the
improvement of terminal, lighterage, wharfage, warehousing, anchorage,
transfer, and landing, and other facilities necessary for the promotion of
commerce and the interchange of traffic within, to and from the Port
District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.4) (from Ch. 19, par. 806.4)
Sec. 6.4.
To study, prepare and recommend by specific proposals to the General
Assembly changes in the jurisdiction of the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.5) (from Ch. 19, par. 806.5)
Sec. 6.5.
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 air traffic, 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.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.6) (from Ch. 19, par. 806.6)
Sec. 6.6.
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.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.7) (from Ch. 19, par. 806.7)
Sec. 6.7.
To prevent and remove obstructions, including the removal of wrecks.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.8) (from Ch. 19, par. 806.8)
Sec. 6.8.
To locate and establish dock lines, anchorage and shore or harbor lines.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.9) (from Ch. 19, par. 806.9)
Sec. 6.9.
Beyond the limits or jurisdiction of any municipality, to regulate the
anchorage, moorage and speed of vessels and to establish and enforce
regulations for the operation of bridges.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.10) (from Ch. 19, par. 806.10)
Sec. 6.10.
To acquire, own, construct, lease and maintain airport and water
terminal facilities and transportation facilities within the Port District,
and, subject to the provisions of Section 7 of this Act, to operate or
contract for the operation of such facilities, and to fix and collect just,
reasonable and nondiscriminatory charges or rentals for the use of such
facilities. The charges or rentals so collected shall be deposited in the
treasury of the Port District, and be used to defray the reasonable
expenses of the Port District, and to pay the principal and interest upon
any revenue bonds issued by the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.10a) (from Ch. 19, par. 806.10a)
Sec. 6.10a.
To apply to proper federal authorities in order to establish,
operate, maintain or lease a foreign trade zone; and to enter into contracts,
receive grants, and perform such other duties which are necessary and proper
for the operation of a foreign trade zone.
(Source: P.A. 83-440.)
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(70 ILCS 1815/6.10b) (from Ch. 19, par. 806.10b)
Sec. 6.10b.
To establish, organize, own, acquire, participate in,
operate, sell and transfer Export Trading Companies, whether as
shareholder, partner, or co-venturer, alone or in cooperation with federal,
state or local governmental authorities, federal, state or national banking
associations, or any other public or private corporation or person or
persons. The term "Export Trading Companies" means a person, partnership,
association, public or private corporation or similar organization, whether
operated for profit or not for profit, which is organized and operated
principally for purposes of exporting goods or services produced in the
United States, importing goods or services produced in foreign countries,
conducting third-country trading or facilitating such trade by providing
one or more services in support of such trade. Such Export Trading
Companies and all of the property thereof, wholly or partly owned, directly
or indirectly, by the District, shall have the same privileges
and immunities as accorded to the District; and Export Trading Companies
may borrow money or obtain financial assistance from private lenders or
federal and state governmental authorities or issue
bonds with the same kinds of security, and in accordance with the
same procedures, restrictions and privileges applicable when the District
obtains financial assistance or issues bonds for any of its other authorized
purposes. Such Export Trading Companies are authorized, if necessary or
desirable, to apply for certification under Title II or Title III of the Export
Trading Company Act of 1982.
(Source: P.A. 84-993.)
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(70 ILCS 1815/6.11) (from Ch. 19, par. 806.11)
Sec. 6.11.
To enter into contracts dealing in any manner with the objects and
purposes of this Act.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/6.12) (from Ch. 19, par. 806.12)
Sec. 6.12.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 1815/7) (from Ch. 19, par. 807)
Sec. 7.
Any public warehouse or other public storage or transportation facility
owned or otherwise controlled by the Port District shall be operated by
persons under contracts with the Port District. Any such contract shall
reserve reasonable rentals or other charges payable to the Port District
sufficient to pay the cost of maintaining, repairing, regulating and
operating the facilities and to pay principal and interest upon any revenue
bonds issued by the Port District and may contain such other conditions as
may be mutually agreed upon. Upon the breach of any contract or if no
contract is in existence as to any such facility, the District temporarily
shall operate such facility until a contract for its operation can be
negotiated.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/8) (from Ch. 19, par. 808)
Sec. 8.
All leases or other contracts for operation of any public warehouse or
public grain elevator or transportation facilities owned or otherwise
controlled by the Port District shall be governed by the following
procedure: Notice shall be given by the Port District that bids will be
received for the operation of such public warehouse or public grain
elevator or transportation facilities. This notice shall state the time
within which and the place where bids may be submitted, the time and place
of opening 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 one or
more newspapers designated by the Port District which have a general
circulation within the Port District; this notice shall include sufficient
data for the proposed operation to enable bidders to understand the scope
and nature of the operation; provided that contracts which 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.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/9) (from Ch. 19, par. 809)
Sec. 9.
The Board by ordinance, may promulgate reasonable regulations
prescribing 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
such regulations shall be made available to all bidders.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/10) (from Ch. 19, par. 810)
Sec. 10.
The Port District shall determine in advance the minimum income that
should be produced by the public warehouse or public grain elevator or
transportation facilities offered, and if no qualified bid will produce
such minimum income, all bids may be rejected and the District shall then
readvertise for bids. If after such readvertisement no responsible and
satisfactory bid within the terms of the advertisement is received, the
Port District may then negotiate a lease for not less than the amount of
minimum income so determined. If, after negotiating for a lease as herein
provided, it is found necessary to revise the minimum income to be produced
by the facilities offered for lease, then the Port District shall again
readvertise for bids, as herein provided, before negotiating a lease.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/11) (from Ch. 19, par. 811)
Sec. 11.
If the Port District temporarily operates any public warehouse or public
grain elevator or transportation facilities as in this Act provided, such
temporary operation shall not continue for more than 60 days without
advertising for bids for the operation by contract of such facility as
herein provided.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/12) (from Ch. 19, par. 812)
Sec. 12.
Unless and until revenues from operations conducted by the Port District
are adequate to meet all expenditures or unless and until otherwise
determined by act of the General Assembly, the Port District shall not
incur any obligations for salaries, office or administrative expenses prior
to the making of appropriations to meet such expenses.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/13) (from Ch. 19, par. 813)
Sec. 13. 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, 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.)
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(70 ILCS 1815/13.5) Sec. 13.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 1815/14) (from Ch. 19, par. 814)
Sec. 14.
The Port District may lease to others for any period of time not to
exceed 99 years, upon such terms as the Board may determine, any of its
real property, rights of way or privileges, or any interest therein, or any
part thereof, suitable for industrial, manufacturing, commercial or harbor
purposes which, in the opinion of the Board, is no longer required for its
primary purposes in the development of port and harbor facilities for the
use of public transportation, or which may not be needed immediately for
such purposes. But where such leases in the opinion of the Board will aid
and promote such purposes in conjunction with such leases, the Port
District may grant rights of way and privileges across property of the Port
District. Such 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 Port District to do such things as may be
necessary for the enjoyment of leases, rights of way and privileges. Such
leases may contain such conditions and retain such interest therein as the
Board deems for the best interest of the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/15) (from Ch. 19, par. 815)
Sec. 15.
The Port District has the right and power to grant easements and permits
for the use of any such real property, rights of way or privileges which in
the opinion of the Board will not interfere with the use thereof by the
Port District for its primary purposes. Such easements and permits may
contain such conditions and retain such interest therein as the Board deems
for the best interest of the District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/16) (from Ch. 19, par. 816)
Sec. 16.
With respect to any and all leases, easements, rights of way, privileges
and permits made or granted by the Board the Board may agree upon and
collect the rentals, charges and fees that are deemed for the best interest
of the District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/17) (from Ch. 19, par. 817)
Sec. 17.
The Port District has power to apply for and accept grants, loans or
appropriations from the Federal Government or any agency or instrumentality
thereof, to be used for any of the purposes of the District and to enter
into agreements with the Federal Government in relation to such grants,
loans or appropriations.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/18) (from Ch. 19, par. 818)
Sec. 18.
The Port 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 of the Port District in the performance
of the duties of his office or employment or any other insurable risk.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/19) (from Ch. 19, par. 819)
Sec. 19.
The Port District has the continuing power to borrow money for the
purpose of acquiring, constructing, reconstructing, extending or improving
terminals, terminal facilities, port facilities and transportation
facilities thereto, and for acquiring any property and equipment useful for
the construction, reconstruction, extension, improvement or operation of
its terminals, terminal facilities and port and transportation facilities,
and for acquiring necessary cash working funds. To evidence the obligation
of the District to repay any money borrowed the Port District, pursuant to
ordinance adopted by the Board, from time to time may issue bonds or
certificates and may also from time to time issue and dispose of its
interest bearing revenue bonds or certificates to refund any bonds or
certificates at maturity or pursuant to redemption provisions or at any
time before maturity with the consent of the holders thereof.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/20) (from Ch. 19, par. 820)
Sec. 20.
All such bonds and certificates shall be payable solely from the
revenues or income to be derived from terminals, terminal facilities or
port and transportation facilities or any part thereof, may bear such date
or dates, may mature at such time or times not exceeding 40 years from
their respective dates, may bear interest at such rate or rates payable
semiannually, may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, may be authenticated in
such manner and may contain such terms and covenants, all as are provided
by ordinance of the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/21) (from Ch. 19, par. 821)
Sec. 21.
The holder or holders of any bonds, certificates, or interest coupons
issued by the District, may bring civil actions to compel the performance
and observance of the Port District or any of its officers, agents or
employees, of any contract or covenant made by the Port District with the
holders of such bonds, certificates or interest coupons, and to compel the
Port District and any of its officers, agents, or employees to perform any
duties required (by provisions in the ordinance authorizing their issuance)
to be performed for the benefit of the holders of any such bonds,
certificates or interest coupons, and to enjoin the Port 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 hereinafter provided.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/22) (from Ch. 19, par. 822)
Sec. 22.
Notwithstanding the form and tenor of any such bonds or certificates and
in the absence of any express recital on the face thereof that it is
nonnegotiable, all such bonds and certificates shall be negotiable
instruments. Pending the preparation and execution of any such bonds or
certificates, temporary bonds or certificates may be issued with or without
interest coupons as may be provided by ordinance.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/23) (from Ch. 19, par. 823)
Sec. 23.
The bonds or certificates shall be sold by the corporate authorities
of the Port District in such manner as the Board determines except that
if issued to bear interest at the maximum rate permitted in "An Act
to authorize public corporations to issue
bonds, other evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as now or hereafter
amended,
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 such bonds or certificates
according to standard tables of bond values.
(Source: P.A. 82-902.)
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(70 ILCS 1815/24) (from Ch. 19, par. 824)
Sec. 24.
Before the issuance of any bonds or certificates as herein provided, the
Board shall fix and establish rates, charges and fees for the use of
facilities acquired, constructed, reconstructed, extended or improved with
the proceeds derived from the sale of such bonds, sufficient at all times
with all other revenues of the District, to pay: (a) the cost of
maintaining, repairing, regulating and operation of the facilities; and (b)
the bonds or certificates and interest thereon as they shall become due;
and (c) all sinking fund and other requirements provided by the ordinance
authorizing the issuance of the bonds or certificates or as provided by any
trust agreement executed to secure payment thereof.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/25) (from Ch. 19, par. 825)
Sec. 25.
To secure the payment of any or all bonds or certificates and for the
purpose of setting forth the covenants and undertaking of the Port District
in connection with the issuance thereof and the issuance of any additional
bonds or certificates payable from such revenue income to be derived from
the terminals, terminal facilities, port facilities and transportation
facilities, the Port District may execute and deliver a trust agreement or
agreements, provided that no lien upon any physical property owned by the
Port District shall be created thereby. A remedy for any breach or default
of the terms of any such trust agreement by the Port District may be by
mandamus proceedings to compel performance and compliance therewith. The
trust agreement may prescribe by whom or on whose behalf such action may be
conducted.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/26) (from Ch. 19, par. 826)
Sec. 26.
Under no circumstances shall any bonds or certificates issued by the
Port District or any other obligation of the Port District be or become an
indebtedness or obligation of the State or of any other political
subdivision of or municipality within the State, nor shall any such bond,
certificate, or obligation be or become an indebtedness of the Port
District within the purview of any constitutional limitation or provision.
Each bond and certificate shall state clearly that it does not constitute
such an indebtedness or obligation but is payable solely from the revenues
or income of the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/27) (from Ch. 19, par. 827)
Sec. 27.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations, political subdivisions and 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 an
insurance business, and all executors, administrators, guardians, trustees
and other fiduciaries, may invest lawfully any sinking funds, moneys or
other funds belonging to them or within their control in any bonds or
certificates issued pursuant to this Act. The purpose of this Section is to
authorize investment in such bonds or certificates, by all sinking,
insurance, retirement, compensation, pension and trust funds, whether owned
or controlled by private persons or public officers. Nothing contained in
this Section relieves any person or officer from any duty to exercise
reasonable care in selecting securities for purchase or investment.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/28) (from Ch. 19, par. 828)
Sec. 28.
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 may not exceed .05% of the value of all taxable property
within the Port District as equalized or assessed by the Department of
Revenue.
If the Board desires to levy such a tax, it shall order that the proposition
be submitted at a referendum to be held within the
District. The Board shall certify its order and the proposition to the
proper election officials, who shall submit the question to the voters at
an election in accordance with the general election law. The Board shall
cause the results of the referendum to be upon the records of the Port District.
If a majority of the vote on the proposition is in favor of the proposition, the
Board may 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 proposition shall be in substantially the following form:
Shall the Illinois Valley Regional Port District levy a tax for corporate YES purposes annually at a rate not to exceed ....% of the value of taxable property as equalized or assessed by the Department of Revenue? NO
(Source: P.A. 81-1489; 81-1509.)
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(70 ILCS 1815/29) (from Ch. 19, par. 829)
Sec. 29.
It is not lawful 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 Port District without
first submitting the plans, profiles, and specifications therefor and such
other data and information as may be required, to the Port District and
receiving a permit therefor. Any person, corporation, company, city or
municipality or other agency, which shall do any of the things prohibited
by this Section, without securing a permit shall be guilty of a Class A
misdemeanor. Any structure, fill or deposit erected or made in any public
body of water within the Port District, in violation 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 therefor, or if the Port District decides that such structure,
fill or deposit may remain, the Port District may fix such rule,
regulation, requirement, restrictions or rentals, or require and compel all
changes, modifications and repairs which are deemed necessary to protect
the interest of the Port District.
(Source: P.A. 77-2830.)
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(70 ILCS 1815/30) (from Ch. 19, par. 830)
Sec. 30.
The governing and administrative body of the Port District is a Board of
5 members, to be known as the Illinois Valley Regional Port District Board.
All members of the Board shall be residents of the District and persons of
recognized ability. One member shall be a resident of Putnam County, a
second member shall be a resident of LaSalle County, a third member shall
be a resident of Bureau County. The other members may reside anywhere in
the District. The members of the Board shall serve without compensation,
but shall be reimbursed for actual expenses incurred by them in the
performance of their duties. However, any member of the Board who is
appointed to the office of secretary or treasurer may receive compensation
fixed by the Board for services as such officer.
(Source: P.A. 80-323.)
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(70 ILCS 1815/31) (from Ch. 19, par. 831)
Sec. 31.
The Governor, by and with the advice and consent of the Senate, shall
appoint 2 members of the Board and fill any and all vacancies. If the
Senate is in recess when such appointment is made, the Governor shall make
a temporary appointment until the next meeting of the Senate. The County
Board of LaSalle County, the County Board of Putnam County,
and the County Board of Bureau County shall each
appoint one member
of the Board. Of the members initially appointed, the 2 appointed by the
Governor shall be appointed for initial terms expiring July 1, 1972, and
the 3 appointed by their county boards shall be appointed for
initial terms expiring July 1, 1973. At the expiration of the term of each
member, his successor shall be appointed in a like manner and with like
regard to the place of residence of the appointee except that after
September 30, 1973, appointments to be made by the several chairmen of
county boards shall be made with the advice and consent of the respective
county boards.
(Source: P.A. 86-1028.)
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(70 ILCS 1815/32) (from Ch. 19, par. 832)
Sec. 32.
After the expiration of initial terms, such successor shall hold office
for the term of 3 years beginning the first day of July of the year in
which the term of office commences. In the case of a vacancy during the
term of office of any member, the Governor shall make an appointment for
the remainder of the term and until a successor is appointed and qualified
in the usual manner. No more than 4 members of the Board may be affiliated
with the same political party at the time of appointment.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/33) (from Ch. 19, par. 833)
Sec. 33.
The Governor and the respective Boards of Supervisors shall certify
their appointments to the Secretary of State. Within 30 days after
certification of appointment, and before entering upon the duties of his
office, each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of the Secretary of
State.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/34) (from Ch. 19, par. 834)
Sec. 34.
Members of the Board shall hold office until their respective successors
have been appointed and qualified. Any member may resign from his office,
to take effect when his successor has been appointed and has qualified. The
Governor may remove any member of the Board in case of incompetency,
neglect of duty, or malfeasance in office. The Governor shall give such
member a copy of the charges against him and an opportunity publicly to be
heard in person or by counsel in his own defense upon not less than 10
days' notice. In case of failure to qualify within the time required, or of
abandonment of his office or in case of death, conviction of a crime or
removal from office, such office becomes vacant.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/35) (from Ch. 19, par. 835)
Sec. 35.
As soon as possible after appointment of the initial members the Board
shall organize for the transaction of business, select a chairman and a
temporary secretary from its own number, and adopt by-laws and regulations
to govern its proceedings. The initial chairman and successors shall be
elected by the Board from time to time for the term of his office as a
member of the Board or for the term of 3 years, whichever is shorter.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/36) (from Ch. 19, par. 836)
Sec. 36.
Regular meetings of the Board shall be held at least once in each
calendar month, the time and place of meetings to be fixed by the Board.
Three members of the Board constitute a quorum for the transaction
of business. All action of the Board shall be by ordinance or resolution. The
affirmative vote of at least 3 members shall be necessary for the adoption
of any ordinance or resolution. All ordinances and resolutions before
taking effect shall be approved and signed by the chairman of the Board,
those he does not approve he shall return to the Board with his objections
in writing at the next regular meeting of the Board after the passage
thereof. If the chairman fails to return any ordinance or resolution with
his objections by the time stated, the ordinance or resolution shall take
effect without signature. Upon the return of any ordinance or resolution by
the chairman with his objections, the vote by which the name was passed
shall be reconsidered by the Board. Upon reconsideration if such ordinance
or resolution is passed again by the affirmative vote of at least 4
members, it shall go into effect notwithstanding veto by the chairman.
(Source: P.A. 83-1060.)
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(70 ILCS 1815/37) (from Ch. 19, par. 837)
Sec. 37.
All ordinances, resolutions and all proceedings of the Port District and
all documents and records in its possession shall be public records and
open to public inspection, except such documents and records as shall be
kept or prepared by the Board for use in negotiations, court action or
other proceedings to which the District is a party.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/38) (from Ch. 19, par. 838)
Sec. 38.
The Board shall appoint a secretary and a treasurer, who need not be
members of the Board, to hold office during the pleasure of the Board, and
fix their duties and compensation. Before entering upon the duties of their
respective offices each shall take and subscribe the constitutional oath of
office, and the treasurer shall execute a bond in the amount and with
corporate sureties approved by the Board. The bond shall be payable to the
District in whatever penal sum is directed by the Board, conditioned upon
the faithful performance of the duties of the office and the payment of all
money received by him according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer in such penal
sum as may then be determined by the Board. The obligation of the sureties
shall not extend to any loss sustained by insolvency, failure or closing of
any savings and loan association or national or State bank wherein the
treasurer has deposited funds if the
bank or savings and loan association has been approved by the Board
as a depositary for these funds. The
oaths of office and the treasurer's bond shall be filed in the principal
office of the Port District.
(Source: P.A. 83-541.)
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(70 ILCS 1815/39) (from Ch. 19, par. 839)
Sec. 39.
All funds deposited by the treasurer in any bank or savings and loan association
shall be placed in the
name of the Port District and shall be withdrawn or paid out only by check
or draft upon the bank or savings and loan association, signed by the
treasurer and countersigned by the
chairman of the Board. The Board may designate any of its members or any
officer or employee of the District to affix the signature of the chairman
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 $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(70 ILCS 1815/40) (from Ch. 19, par. 840)
Sec. 40.
In case any officer whose signature appears upon any bond or coupon or
check or draft, issued pursuant to this Act, ceases to hold his office
before the delivery thereof to the payee, his signature nevertheless shall
be valid and sufficient for all purposes with the same effect as if he had
remained in office until delivery.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/41) (from Ch. 19, par. 841)
Sec. 41.
The Board may appoint a general manager who shall be a person of recognized
ability and business experience to hold office during the pleasure of the
Board. The general manager shall have management of the properties and
business of the Port District and the employees thereof subject to the
general control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board, and shall
perform such other duties as may be prescribed from time to time by the
Board. The Board may appoint a general attorney and a chief engineer, and
shall provide for the appointment of other officers, attorneys, engineers,
consultants, agents and employees when necessary. It shall define their
duties and require bonds of such of them as the Board may designate. The
general manager, general attorney, chief engineer, and all other officers
employed pursuant to this Section shall be exempt from taking and
subscribing any oath of office and shall not be members of the Board. The
compensation of the general manager, general attorney, chief engineer, and
all other officers, attorneys, consultants, agents and employees shall be
fixed by the Board subject to the provisions of Section 12 of this Act.
(Source: P.A. 80-323.)
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(70 ILCS 1815/42) (from Ch. 19, par. 842)
Sec. 42.
The Board shall have power to pass all ordinances and make all rules and
regulations proper or necessary, and to carry into effect the powers
granted to the Port District, with such fines or penalties as may be deemed
proper. All fines and penalties shall be imposed by ordinances, which shall
be published in a newspaper of general circulation, published in the area
embraced by the Port District. No such ordinance shall take effect until 10
days after publication.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/43) (from Ch. 19, par. 843)
Sec. 43.
As soon after the end of each fiscal year as may be expedient, the Board
shall cause to be prepared and printed a complete and detailed report and
financial statement of the Port District operations and of its assets and
liabilities. A reasonably sufficient number of copies of such report shall
be printed for distribution to persons interested, upon request, and a copy
thereof shall be filed with the Governor, and the county clerk of each
county which is partially or wholly within the Port District. A copy of
such report shall be addressed and mailed to the corporate authorities of
each municipality within the Port District.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/44) (from Ch. 19, par. 844)
Sec. 44.
No civil action shall be commenced in any court against the District by
any person for any injury to his person, unless it is commenced within one
year from the date that the injury was received or the cause of action
accrued. Within 6 months from the date that any injury was received or such
cause of action accrued, any person who is about to commence any civil
action in any court against the Port District for damages on account of any
injury to his person shall file in the office of the secretary of the Board
either by himself, his agent, or attorney, a statement, in writing, signed
by himself, his agent, or attorney, giving the name of the person to whom
the cause of action has accrued, the name and residence of the person
injured, the date and about the hour of the accident, the place or location
where the accident occurred and the name and address of the attending
physician, if any. If such statement is not filed as provided, any such
civil action commenced against the District shall be dismissed and the
person to whom any cause of action accrued for any personal injury shall be
forever barred from further suing.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/45) (from Ch. 19, par. 845)
Sec. 45.
The Board shall investigate conditions in which it has an interest
within the Port District, the enforcement of its ordinances, rules and
regulations, and the action, conduct and efficiency of all officers, agents
and employees of the Port District. In the conduct of such investigations
the Board may hold public hearings on its own motion, and shall do so on
complaint or petition of any municipality within the District. Each member
of the Board shall have power to administer oaths. The secretary, by order
of the Board, shall issue subpoenas to secure the attendance and testimony
of witnesses, and the production of books and papers relevant to such
investigations and to any hearing before the Board or any member thereof.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/46) (from Ch. 19, par. 846)
Sec. 46.
Any circuit court, upon application of the Board, or any member thereof,
may compel the attendance of witnesses, the production of books and papers,
and giving of testimony before the Board or before any member thereof or
any 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.
(Source: P.A. 77-1799.)
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(70 ILCS 1815/47) (from Ch. 19, par. 847)
Sec. 47.
All final administrative decisions of the Board shall be subject to
judicial review pursuant to the provisions of the Administrative Review
Law, and all amendments and modifications thereof,
and the rules adopted pursuant thereto. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(70 ILCS 1815/48) (from Ch. 19, par. 848)
Sec. 48.
If any provision of this Act is held invalid such provision shall be
deemed to be excised from this Act and the invalidity thereof shall not
affect any of the other provisions of this Act. If the application of
any provision of this Act to any person or circumstance is held invalid
it shall not affect the application to such persons or circumstances
other than those as to which it is invalid. 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.
This Act shall be construed broadly and liberally to effectuate its purpose of
improving the prosperity of the Port District by facilitating the
removal and marketing of its raw materials and the development of
industrial, mining and transportation employment.
(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 1815/49) (from Ch. 19, par. 849)
Sec. 49.
The provisions of the "Illinois Municipal Code", approved May 29, 1961,
as amended, shall not be effective within the District insofar as the
provisions of such Act conflict with the provisions of this Act or grant
substantially the same powers to any municipal corporation as are granted
to the Port District by this Act.
(Source: P.A. 77-1799.)
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