(70 ILCS 1860/1) (from Ch. 19, par. 284)
Sec. 1.
This Act shall be known and may be cited as the "America's Central Port District Act."
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/2) (from Ch. 19, par. 285)
Sec. 2. When used in this Act:
"District" or "Port District" means America's Central Port District
created by this Act.
"Terminal" means a public place, station or depot for receiving and
delivering baggage, mail, freight or express matter and for any combination
of such purposes, in connection with the transportation of persons and
property on water or land or in the air.
"Terminal facilities" means all land, buildings, structures,
improvements, equipment and appliances useful in the operation of public
warehouse, storage and transportation facilities and industrial,
manufacturing, processing and conversion activities for the accommodation
of or in connection with commerce by water or land or in the air or useful
as an aid to further the public interest, or constituting an advantage or
convenience to, the safe
landing, taking off and navigation of aircraft, or the safe and efficient
operation or maintenance of a public airport; except that nothing in this
definition contained shall be interpreted as granting authority to the
District to acquire, purchase, create, erect or construct a bridge across
any waterway which serves as a boundary between the State of Illinois and
any other state.
"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
water commerce and includes the widening and deepening of slips, harbors
and navigable waters.
"Aircraft" means any contrivance now known or hereafter invented, used
or designed for navigation of, or flight in, the air.
"Airport" means any locality, either land or water, which is used or
designed for the landing and taking off of aircraft, or for the location of
runways, landing fields, airdromes, hangars, buildings, structures, airport
roadways and other facilities.
"Airport hazard" means any structure, or object of natural growth,
located on or in the vicinity of an airport, or any use of land near an
airport which is hazardous to the use of such airport for the landing and
take-off of aircraft.
"Approach" means any path, course or zone defined by an ordinance of the
District or by other lawful regulation, on the ground or in the air, or
both, for the use of aircraft in landing and taking off from an airport
located within the District.
"Commercial aircraft" means any aircraft other than public aircraft
engaged in the business of transporting persons or property.
"Private aircraft" means any aircraft other than public and commercial
aircraft.
"Public aircraft" means an aircraft used exclusively in the governmental
service of the United States, or of any state or of any public agency,
including military and naval aircraft.
"Public airport" means an airport owned by a Port District, an airport
authority or other public agency which is used or is intended for use by
public, commercial and private aircraft and by persons owning, managing,
operating or desiring to use, inspect or repair any such aircraft or to use
any such airport for aeronautical purposes.
"Public incinerator" means a facility for the disposal of waste by
incineration by any means or method for public use, including, but not
limited to, incineration and disposal of industrial wastes.
"Public interest" means the protection, furtherance and advancement of
the general welfare and of public health and safety and public necessity
and convenience.
"Navigable waters" means any public waters which are or can be made
usable for water commerce.
"Governmental agency" means the Federal, State and any local
governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
"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.
"General obligation bond" means any bond issued by the District any part
of the principal or interest of which bond is to be paid by taxation.
"Revenue bond" means any bond issued by the District the principal and
interest of which bond is payable solely from revenues or income derived
from terminal, terminal facilities or port facilities of the District.
"Board" means the America's Central Port District Board.
"Governor" means the Governor of the State of Illinois.
"Mayor" means the Mayor of the city of Venice, the Mayor of the city of
Madison or the Mayor of the city of Granite City, as the case may require.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/3) (from Ch. 19, par. 286)
Sec. 3.
There is created a political subdivision, body politic, and
municipal corporation by the name of America's Central Port District
embracing the following territory in Madison and Jersey Counties: all the territory
included within the townships of Granite City, Venice, Nameoki, Chouteau, Wood River, Alton, Godfrey, and Elsah and the City of Grafton. Territory may be annexed to
the District in the manner hereinafter provided in this Act. The District
may sue and be sued in its corporate name but execution shall not in any
case issue against any property of the District. It may adopt a common seal
and change the same at its pleasure.
(Source: P.A. 98-854, eff. 1-1-15; 99-279, eff. 1-1-16.)
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(70 ILCS 1860/3.1) (from Ch. 19, par. 286.1)
Sec. 3.1.
It is declared that the main purpose of this Act is to
promote economic development, including industrial, commercial and transportation activities, thereby
reducing the evils attendant upon unemployment and enhancing the public
health and welfare of this State.
All property of every kind belonging to the Port District shall be
exempt from taxation, provided that taxes may be assessed and levied
upon a lessee of the District by reason of the value of a leasehold
estate separate and apart from the fee or upon such improvements as are
constructed and owned by others than the District. All property of the
District shall be construed as constituting public property owned by a
municipal corporation and used exclusively for public purposes within
the provisions of Section 15-155 of the Property Tax Code.
(Source: P.A. 99-279, eff. 1-1-16.)
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(70 ILCS 1860/4) (from Ch. 19, par. 287)
Sec. 4. The Port District has the following rights and powers:
1. To issue permits: for the construction of all | ||
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2. To prevent or remove obstructions in navigable | ||
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3. To locate and establish dock lines and shore or | ||
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4. To regulate the anchorage, moorage and speed of | ||
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5. To acquire, own, construct, lease for any period | ||
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6. To acquire, erect, construct, reconstruct, | ||
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7. To sell, assign, pledge or hypothecate in whole or | ||
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8. To acquire, own, construct, lease for any period | ||
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9. To create, establish, maintain and operate a | ||
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10. To locate, establish and maintain a public | ||
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11. To operate, maintain, manage, lease or sublease | ||
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12. To fix, charge and collect reasonable rentals, | ||
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13. To establish, maintain, extend and improve | ||
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14. To restrict the height of any object of natural | ||
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15. To agree with the state or federal governments or | ||
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16. For the prevention of accidents, for the | ||
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17. To police its physical property only and all | ||
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18. To enter into agreements with the corporate | ||
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19. To enter into contracts dealing in any manner | ||
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20. To acquire, own, lease, sell or otherwise dispose | ||
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21. To designate the fiscal year for the District;
22. To engage in any activity or operation which is | ||
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23. To apply to proper authorities of the United | ||
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24. To operate, maintain, manage, lease, or sublease | ||
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25. To locate, establish, re-establish, expand or | ||
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26. To acquire, own, sell, convey, construct, lease | ||
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27. To cause to be incorporated one or more | ||
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28. To improve, develop, or redevelop any former | ||
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29. To acquire, erect, construct, maintain and | ||
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30. To acquire, erect, construct, reconstruct, | ||
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31. To establish, organize, own, acquire, participate | ||
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(Source: P.A. 98-854, eff. 1-1-15; 99-279, eff. 1-1-16.)
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(70 ILCS 1860/4.1) (from Ch. 19, par. 287.1)
Sec. 4.1.
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 1860/5) (from Ch. 19, par. 288)
Sec. 5. 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 and terminal facilities adequate to
serve the needs of commerce within the District. The District may acquire
real or personal property or any rights therein in the manner, as near as
may be, as is provided for the exercise of the right
of eminent domain under the Eminent Domain Act; except that no rights or property of any kind or character now or
hereafter owned, leased, controlled or operated and used by, or necessary
for the actual operations of, any common carrier engaged in interstate
commerce, or of any other public utility subject to the jurisdiction of the
Illinois Commerce Commission, shall be taken or appropriated by the
District without first obtaining the approval of the Illinois Commerce
Commission and except that no property owned by any city or village within
the District shall be taken or appropriated without first obtaining the
consent of such city or village.
Also, the District may lease to others for any period of time, not to
exceed 99 years, upon such terms as its Board may determine, any of its
real property, rights of way or privileges, or any interest therein, or any
part thereof, for industrial, manufacturing, commercial or harbor purposes.
In conjunction with such leases, the District may grant rights of way and
privileges across the property of the District, which rights of way and
privileges may be assignable and irrevocable during the term of any such
lease and may include the right to enter upon the property of the District
to do such things as may be necessary for the enjoyment of such leases,
rights of way and privileges, and such leases may contain such conditions
and retain such interest therein as may be deemed for the best interest of
the District by such Board.
Also, the District shall have the right 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
District for its primary purposes and such easements and permits may
contain such conditions and retain such interest therein as may be deemed
for the best interest of the District by the Board.
With respect to any and all leases, easements, rights of way, privileges
and permits made or granted by the Board, the Board may agree upon and
collect the rentals, charges and fees that may be deemed for the best
interest of the District. Except as provided in this Act for interim
financing, such rentals, charges and fees shall be used to defray the
reasonable expenses of the District and to pay the principal of and
interest on any revenue bonds issued by the District.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1860/5.05) Sec. 5.05. 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 1860/5.1) (from Ch. 19, par. 288.1)
Sec. 5.1.
The District is authorized and empowered to establish,
organize, own, acquire, participate in, operate, sell and transfer Export
Trading Companies, whether as shareholder, partner, or co-venturer, alone
or in cooperation with 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
general obligation and revenue bonds with the same kinds of security, and
in accordance with the same procedures, restrictions and privileges
applicable when the District obtains financial assistance or issues bonds
for any of its other authorized purposes. 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 1860/6) (from Ch. 19, par. 289)
Sec. 6.
The District has power to apply for and accept grants, loans, or
appropriations from the federal government, the State of Illinois,
Madison or Jersey Counties, or any agency or instrumentality
thereof to be used for any of the purposes of the District and to enter
into any agreements with the federal, State, and county governments in relation
to such grants, loans or appropriations.
The District may 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 or system of handling freight, warehousing, docking,
lightering, and transfer of freight, which in the opinion of the District
is 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. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/7) (from Ch. 19, par. 290)
Sec. 7.
The District has power to procure and enter into contracts for any
type of insurance or indemnity against loss or damage to property from any
cause, including loss of use and occupancy, against death or injury of any
person, against employers' liability, against any act of any member,
officer, or employee of the District in the performance of the duties of
his office or employment or any other insurable risk.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/7.5) Sec. 7.5. Authorization to borrow moneys. The District's Board may borrow money from any bank or other financial institution and may provide appropriate security for that borrowing, if the money is repaid within 20 years after the money is borrowed. "Financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, any savings bank subject to the Savings Bank Act, and any federally chartered commercial bank or savings and loan association organized and operated in this State pursuant to the laws of the United States.
(Source: P.A. 98-854, eff. 1-1-15.) |
(70 ILCS 1860/8) (from Ch. 19, par. 291)
Sec. 8.
The District has the continuing power to borrow money and
issue either general obligation bonds, after approval by referendum as
hereinafter provided, or revenue bonds without referendum approval for
the purpose of acquiring, constructing, reconstructing, extending or
improving terminals, terminal facilities, airfields, airports and port
facilities, and for acquiring any property and equipment useful for the
construction, reconstruction, extension, improvement or operation of its
terminals, terminal facilities, airfields, airports and port facilities,
and for acquiring necessary working cash funds.
The District may, pursuant to ordinance adopted by the Board and
without submitting the question to referendum, from time to time issue
and dispose of its interest bearing revenue bonds and may also in the
same manner from time to time issue and dispose of its interest bearing
revenue bonds to refund any revenue bonds at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof.
If the Board desires to issue general obligation bonds it shall adopt
an ordinance specifying the amount of bonds to be issued, the purpose
for which they will be issued, the maximum rate of interest they will
bear which shall not be greater than that 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. Such interest
may be paid semiannually. The ordinance shall also specify
the date of maturity which shall
not be more than 20 years after the date of issuance, and levying a tax
that will be required to amortize such bonds. This ordinance is not
effective until it has been submitted to referendum of, and approved by,
the legal voters of the District. The Board shall certify the
ordinance and the question to the proper election officials,
who shall submit the question to the voters at an election in
accordance with the general election law. If a majority of the
vote is in favor of the issuance of the general obligation bonds the
county clerk shall annually extend taxes against all taxable property
within the District at a rate sufficient to pay the maturing principal
and interest of these bonds.
The question shall be in substantially the following form:
Shall general obligation bonds in the amount of $.... be issued YES by America's Central Port District for the purpose of .... maturing in not more than ..... years, bearing not more than ....% NO interest, and a tax levied to pay the principal and interest thereof?
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/9) (from Ch. 19, par. 292)
Sec. 9.
All revenue bonds shall be payable solely from the revenues
or income to be derived from the terminals, terminal facilities,
airfields, airports or port facilities or any part thereof, may bear
such date or dates and may mature at such time or times not exceeding 40
years from their respective dates, all as may be provided in the
ordinance authorizing their issuance. All such bonds may bear interest
at such rate or rates as 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. Such interest may be paid semiannually.
All such bonds 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 may be provided
in the ordinance authorizing issuance.
The holder or holders of any bonds or interest coupons appertaining
thereto issued by the District may bring civil actions or mandamus, injunction
or other proceedings to compel the performance and observance by the District or any
of its officers, agents or employees of any contract or covenant made by
the District with the holders of the bonds or interest coupons and to
compel the District and any of its officers, agents or employees to
perform any duties required to be performed for the benefit of the
holders of the bonds or interest coupons by the provision in the
ordinance authorizing their issuance, and to enjoin the District and any
of its officers, agents or employees from taking any action in conflict
with any contract or covenant, including the establishment of charges,
fees and rate for the use of facilities as hereinafter provided.
Notwithstanding the form and tenor of any bond, whether revenue or
general obligation, and in the absence of any express recital on the
face thereof that it is nonnegotiable, all bonds are negotiable
instruments. Pending the preparation and execution of any bonds,
temporary bonds may be issued with or without interest coupons as may be
provided by ordinance.
(Source: P.A. 83-345.)
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(70 ILCS 1860/10) (from Ch. 19, par. 293)
Sec. 10.
All bonds, whether general obligation or revenue, shall be sold by
the Board in such manner as the Board shall determine. However, if any
bonds are issued to bear interest at the maximum rate of interest allowed
by Section 8 or 9, whichever may be applicable, the bonds shall be sold for
not less than par and accrued interest. The selling price of bonds bearing
interest at a rate less than the maximum allowable interest rate per annum
shall be such that the interest cost to the District of the money received
from the bond sale shall not exceed the maximum annual interest rate
allowed by Section 8 or 9, whichever may be applicable, computed to
absolute maturity of such bonds according to standard tables of bond
values.
(Source: Laws 1961, p. 2688.)
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(70 ILCS 1860/11) (from Ch. 19, par. 294)
Sec. 11.
Upon the issue of any revenue bonds 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 said revenue bonds sufficient at all
times with other revenues of the District, if any, to pay; (a) the cost of
maintaining, repairing, regulating and operating the said facilities; and
(b) the bonds and interest thereon as they become due, and all sinking fund
requirements and other requirements provided by the ordinance authorizing
the issuance of the bonds or as provided by any trust agreement executed to
secure payment thereof.
To secure the payment of any or all revenue bonds and for the purpose of
setting forth the covenants and undertaking of the District in connection
with the issuance of revenue bonds and the issuance of any additional
revenue bonds payable from such revenue income to be derived from the
terminals, terminal facilities, airports, airfields and port facilities the
District may execute and deliver a trust agreement or agreements except
that no lien upon any physical property of the District shall be created
thereby. A remedy for any breach or default of the terms of any such trust
agreement by the District may be by mandamus proceedings in the circuit
court to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
(Source: P.A. 79-1361.)
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(70 ILCS 1860/12) (from Ch. 19, par. 295)
Sec. 12.
Under no circumstances shall any bonds issued by the District or
any other obligation of the District be or become an indebtedness or
obligation of the State of Illinois or of any other political subdivision
of or municipality within the State.
No revenue bond shall be or become an indebtedness of the District
within the purview of any constitutional limitation or provision, and it
shall be plainly stated on the face of each revenue bond that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income derived from terminals, terminal facilities,
airports, airfields and port facilities.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/13) (from Ch. 19, par. 296)
Sec. 13.
The Board may, after referendum approval, levy a tax for
corporate purposes of the District annually at the rate approved by
referendum, but which rate shall not exceed .05% of the value of all
taxable property within the Port District as equalized or assessed by
the Department of Revenue.
If the Board desires to levy such a tax it shall order that the question
be submitted at a referendum to be held within the District. The Board
shall certify the order and the question
to the proper election officials, who shall submit the question to the voters
at an election in accordance with the general election law. The Board shall
cause the result of the election to be entered upon the records of the Port
District. If a majority of the vote 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 question shall be in substantially the following
form:
Shall America's Central Port District levy a tax for YES corporate purposes annually at a rate not to exceed ....% of the value of taxable property as equalized or assessed by the NO Department of Revenue?
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/14) (from Ch. 19, par. 297)
Sec. 14.
It is unlawful to make any fill or deposit of rock, earth, sand,
or other material, or any refuse matter of any kind or description, or
build or commence the building of any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, jetty, bridge, or other structure over, under, or
within 50 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; and any person, corporation, company, city or
municipality or other agency, which shall do any of the things above
prohibited, without securing a permit therefor as above provided, shall be
guilty of a Class A misdemeanor; provided, however, that no such permit
shall be required in the case of any project for which a permit shall have
been secured from a proper governmental agency prior to the creation of the
Port District nor shall any such permit be required in the case of any
project to be undertaken by the City of Venice, the City of Madison, the
City of Granite City or the Bi-State Development Agency, or any combination
thereof, for which a permit is required from a governmental agency other
than the District before the city or such agency can proceed with such
project. And in such event, such cities and such agency, or any of them,
shall give at least 10 days' notice to the District of the application for
a permit for any such project from a governmental agency other than the
District so that the District may be present and represent its position
relative to such application before such other governmental agency. Any
structure, fill or deposit erected or made in any of the public bodies of
water within the Port District, in violation of the provisions of this
section, is a purpresture and may be abated as such at the expense of the
person, corporation, company, city, municipality or other agency
responsible therefor, or if, in the discretion of the Port District, it is
decided that said structure, fill or deposit may remain, the Port District
may fix such rule, regulation, requirement, restrictions, or rentals or
require and compel such changes, modifications and repairs as shall be
necessary to protect the interest of the Port District.
(Source: P.A. 77-2334.)
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(70 ILCS 1860/15) (from Ch. 19, par. 298)
Sec. 15.
The governing and administrative body of the Port District shall
be a Board of Commissioners consisting of 9 members, to be known as
the America's Central Port District Board. All members of the Board shall
be residents of the District and shall be known as Commissioners of the America's Central
Port District Board. 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 Commissioner of
the Board who is appointed to the office of secretary or treasurer may
receive compensation for his services as such officer. No Commissioner of
the Board or employee of the District shall have any private financial
interest, profit or benefit in any contract, work or business of the
District nor in the sale or lease of any property to or from the District,
except to the extent allowed under "An Act to prevent fraudulent and
corrupt practices in the making or accepting of official appointments and
contracts by public officers", approved April 9, 1872, as now or hereafter amended.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/15.5)
Sec. 15.5.
A mayor may hold the office of Commissioner of America's Central Port District simultaneously with the office of mayor. Notwithstanding
any statute to the contrary, a mayor's acceptance of an appointment as a
Commissioner of America's Central Port District does not terminate or
impair the mayor's public office.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/16) (from Ch. 19, par. 299)
Sec. 16.
The Governor shall appoint 6 members of the Board and the Mayor of the cities of Venice, Madison and Granite City shall each appoint one member of the Board, for a total of 9 Board members. Within 60 days after the effective date of this amendatory Act of the 98th General Assembly, the Governor shall appoint 2 members residing in the area north of the Cahokia Diversion Canal to represent that area, with one member appointed for an initial term expiring May 31, 2016 and one member appointed for an initial term expiring May 31, 2017. The number of Board members appointed by the Governor from the area north of the Cahokia Diversion Canal shall remain at 2 members until such time that the gross operating revenues from the area north of the Cahokia Diversion Canal exceeds 33% of the Port District's total gross operating revenue, as certified by the Port District's certified public accountant. When the gross operating revenue exceeds this amount, the Governor shall, upon the expiration of their term, replace a Board member who resides in the area south of the Cahokia Diversion Canal with an appointee that resides to the north of the Cahokia Diversion Canal, for a total of 3 members who reside in the area north of the Cahokia Diversion Canal. When the gross operating revenue exceeds 45% of the Port District's total gross operating revenue, as certified by the Port District's certified public accountant, the Governor shall replace a Board member who resides in the area south of the Cahokia Diversion Canal, upon the expiration of their term, with an appointee that resides to the north of the Cahokia Diversion Canal, for a total of 4 members who reside in the area north of the Cahokia Diversion Canal. In no case shall there be more than 2 members appointed by the Governor from the area to the south or to the north of the Cahokia Diversion Canal whose terms expire in the same year. At the expiration of the term of any member, the member's successor shall be appointed by the Governor or the respective Mayor in the same manner as the original appointment. No more than 4 members may reside in the area north of the Cahokia Diversion Canal.
After the expiration of initial terms, each successor shall hold office
for the term of 3 years from the first day of June of the year in which the
term of office commences. In the case of a vacancy during the term of
office of any member appointed by the Governor, the Governor shall make an
appointment for the remainder of the term vacant and until a successor is
appointed and qualified. In case of a vacancy during the term of office of
any member appointed by a Mayor, the proper Mayor shall make an appointment
for the remainder of the term vacant and until a successor is appointed and
qualified. The Governor and each Mayor shall certify their respective
appointments to the Secretary of State. Within 30 days after certification
of his 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. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/17) (from Ch. 19, par. 300)
Sec. 17.
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 and each Mayor, respectively, may remove any member
of the Board they have appointed in case of incompetency, neglect of duty,
or malfeasance in office. They shall give such member a copy of the charges
against him and an opportunity to be publicly 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 felony or removal from office, the office of
such member shall become vacant. Each vacancy shall be filled for the
unexpired term by appointment in like manner as in case of expiration of
the term of a member of the Board.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/18) (from Ch. 19, par. 301)
Sec. 18.
The chairman and successors
shall be elected by the Board from time to time for a term of office as
provided in the District bylaws. However, such term of office shall not
exceed his term of office as a member of the Board.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/19) (from Ch. 19, par. 302)
Sec. 19.
Regular meetings of the Board shall be held at least once in each
calendar month, the time and place of such meetings to be fixed by the
Board. Five members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinance or
resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution. All such
ordinances and resolutions before taking effect shall be approved by the
chairman of the Board, and if he approves thereof he shall sign the same,
and such as he does not approve he shall return to the Board with his
objections thereto in writing at the next regular meeting of the Board
occurring after the passage thereof. But in the case the chairman fails to
return any ordinance or resolution with his objections thereto by the time
aforesaid, he shall be deemed to have approved the same and it shall take
effect accordingly. Upon the return of any ordinance or resolution by the
chairman with his objections, the vote by which the same was passed shall
be reconsidered by the Board, and if upon such reconsideration said
ordinance or resolution is passed by the affirmative vote of at least 6
members, it shall go into effect notwithstanding the veto of the chairman.
All ordinances, resolutions and all proceedings of the District and all
documents and records in its possession shall be public records, and open
to public inspection, except such documents and records as are kept or
prepared by the Board for use in negotiations, legal actions or proceedings
to which the District is a party.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/20) (from Ch. 19, par. 303)
Sec. 20.
The Board shall appoint a secretary and a treasurer, who need not
be members of the Board, to hold office during the pleasure of the Board,
and fix their duties and compensation. The secretary and treasurer shall be
residents of the District. Before entering upon the duties of their
respective offices they shall take and subscribe the constitutional oath of
office, and the treasurer shall execute a bond with corporate sureties to
be approved by the Board. The bond shall be payable to the District in
whatever penal sum may be directed by the Board conditioned upon the
faithful performance of the duties of the office and the payment of all
money received by him 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 the insolvency, failure or
closing of any savings and loan association or national or State bank
wherein the treasurer has deposited
funds if the bank or savings and loan association has been approved
by the Board as a depositary for these
funds. The oaths of office and the treasurer's bond shall be filed in the
principal office of the District.
(Source: P.A. 83-541.)
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(70 ILCS 1860/21) (from Ch. 19, par. 304)
Sec. 21.
All funds deposited by the treasurer in any bank or savings
and loan association shall be placed
in the name of the District and shall be withdrawn or paid out only by
check or draft upon the bank or savings and loan association, signed
by the treasurer and countersigned by
the chairman of the Board. Subject to prior approval of such designations
by a majority of the Board, the chairman may designate any other Board
member or any officer of the District to affix the signature of the
chairman and the treasurer may designate any other officer of the District
to affix the signature of the treasurer to any check or draft for payment
of salaries or wages and for payment of any other obligation of not more
than $2,500.00.
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 1860/22) (from Ch. 19, par. 305)
Sec. 22.
In case any officer whose signature appears upon any 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 thereof.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/23) (from Ch. 19, par. 306)
Sec. 23.
The Board may appoint an executive director who shall be a person
of
recognized ability and business experience to hold office during the
pleasure of the Board. The executive director shall
have management of the
properties and business of the District and the employees thereof subject
to the general control of the Board, shall direct the enforcement of all
ordinances, resolutions, rules and regulations of the Board, and shall
perform such other duties as may be prescribed from time to time by the
Board. The Board may appoint a general attorney, a chief engineer,
and a general manager to assist the executive director, and
shall provide for the appointment of other officers, and the employment of
additional attorneys, engineers,
consultants, agents and employees as may be necessary. It shall define
their duties and may require bonds of such of them as the Board may
designate. The executive director, general manager, general attorney,
chief engineer, and all
other officers provided for pursuant to this section shall be exempt from
taking and subscribing any oath of office and shall not be members of the
Board. The compensation of the executive director, general manager,
general attorney, chief
engineer, and all other officers, attorneys, consultants, agents and
employees shall be fixed by the Board.
(Source: P.A. 92-643, eff. 1-1-03.)
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(70 ILCS 1860/24) (from Ch. 19, par. 307)
Sec. 24.
The Board has power to pass all ordinances and make all rules and
regulations proper or necessary, and to carry into effect the powers
granted to the District, with such fines or penalties as may be deemed
proper. All fines and penalties shall be imposed by ordinances, which shall
be published in a newspaper of general circulation published in the area
embraced by the District. No such ordinance shall take effect until 10 days
after its publication.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/25) (from Ch. 19, par. 308)
Sec. 25.
Within 60 days after the end of each fiscal year, the Board shall
cause to be prepared and printed a complete and detailed report and
financial statement of the operations and assets and liabilities of the
Port District. 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 clerks and
the presiding officers of the county boards of Madison and Jersey Counties. A copy of such
report shall be addressed to and mailed to the Mayor and city council or
president and board of trustees of each municipality within the area of the
District.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/27) (from Ch. 19, par. 310)
Sec. 27.
The Board may investigate conditions in which it has an
interest within the area of the District, the enforcement of its
ordinances, rules and regulations, and the action, conduct and
efficiency of all officers, agents and employees of the District. In the
conduct of such investigations the Board may hold public hearings on its
own motion, and shall do so on complaint of any municipality
within the District. Each member of the Board shall have power to
administer oaths, and the secretary, by order of the Board, shall issue
subpoenas to secure the attendance and testimony of witnesses, and the
production of books and papers relevant to such investigations and to
any hearing before the Board or any member thereof.
Any circuit court of this State, upon
application of the Board, or any member thereof, may in its discretion
compel the attendance of witnesses, the production of books and papers,
and 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. 83-334.)
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(70 ILCS 1860/28) (from Ch. 19, par. 311)
Sec. 28.
All final administrative decisions of the Board hereunder 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 1860/29) (from Ch. 19, par. 312)
Sec. 29.
In the conduct of any investigation authorized by Section 27 the
Port District shall, at its expense, provide a stenographer to take down
all testimony and shall preserve a record of such proceedings. The notice
of hearing, complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony
and the orders or decision of the Board constitutes the record of such
proceedings.
The Port District is not required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review of an
administrative decision unless the party asking for review deposits with
the clerk of the court the sum of 50 cents per page of the record
representing the costs of such certification. Failure to make such deposit
is ground for dismissal of the action.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/30) (from Ch. 19, par. 313)
Sec. 30.
If any provision of this Act is held invalid such provision
shall be deemed to be exercised 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.
Nothing in this Act or done under its authority shall apply
to, restrict, limit or interfere with the use of any terminal facility
or port facility owned or operated by any private person for the storage
or handling or transfer of any commodity moving in interstate commerce
or the use of the land and facilities of a common carrier or other
public utility and the space above such land and facilities in the
business of such common carrier or other public utility, without
approval of the Illinois Commerce Commission and without the payment of
just compensation to any such common carrier or other public utility for
damages resulting from any such restriction, limitation or interference.
(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 1860/31) (from Ch. 19, par. 314)
Sec. 31.
The provisions of the Illinois Municipal Code, as heretofore and
hereafter amended, or the provisions of "An Act in relation to airport
authorities", approved April 4, 1945, as amended, or the provisions of
"An Act to empower counties to acquire, own, construct, manage, maintain,
operate and lease airports and landing fields, to levy taxes and issue
bonds therefor, and to exercise the power of eminent domain", approved
March 14, 1941, as amended, or the provisions of "An Act to authorize
counties having less than 500,000 population to acquire, construct,
improve, repair, maintain and operate certain airports, to charge for the
use thereof and repealing a certain act herein named", approved July 17,
1945, as amended, or the provisions of "An Act in relation to the
establishment, acquisition, maintenance and operation of airports and
landing fields by counties of less than 500,000 population, and by such
counties jointly with certain taxing districts located within or partly
within such counties, and to provide methods for financing thereof",
approved July 22, 1943, as amended, shall not be effective within the
area of the District insofar as the provisions of said Acts conflict with
the provisions of this Act or grant substantially the same powers to any
municipal corporation or political subdivision as are granted to the
District by this Act.
(Source: Laws 1961, p. 570.)
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(70 ILCS 1860/32) (from Ch. 19, par. 315)
Sec. 32.
Territory which is contiguous to the District and which is not
included within any other port district may be annexed to and become a part
of the District in the manner provided in Section 33 or 34 whichever may
be applicable.
(Source: Laws 1959, p. 71.)
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(70 ILCS 1860/33) (from Ch. 19, par. 316)
Sec. 33.
At least 5% of the legal voters resident within the limits
of such proposed addition to the District shall petition the circuit
court for the county in which the major part of the District is
situated, to cause the question to be submitted to the legal voters of
such proposed additional territory, whether such proposed additional
territory shall become a part of the District and assume a proportionate
share of the general obligation bonded indebtedness, if any, of the
District. Such petition shall be addressed to the court and shall
contain a definite description of the boundaries of the territory to be
embraced in the proposed addition.
Upon filing any such petition with the clerk of the court, the court shall
fix a time and place for a hearing upon the subject of the petition.
Notice shall be given by the court to whom the petition is addressed, or
by the circuit clerk or sheriff of the county in which such petition is
made at the order and direction of the court, of the time and place of the
hearing upon the subject of the petition at least 20 days prior thereto
by at least one publication thereof in any newspaper having general circulation
within the area proposed to be annexed, and by mailing a copy of such notice
to the mayor or president of the board of trustees of all cities, villages
and incorporated towns within the
District.
At the hearing all persons residing in or owning property situated in
the area proposed to be annexed to the District may appear and be heard
touching upon the sufficiency of the petition. If the court finds that
the petition does not comply with the requirements of the law, the court
shall dismiss the petition; but if the court finds that the petition
is sufficient the court
shall enter an appropriate order and the clerk of the circuit court shall
certify the order and the proposition to the proper election officials,
who shall submit the proposition to the voters at an election in accordance
with the general election law. In addition to the requirements of the general
election law the notice of the referendum shall specify the purpose of such
referendum with a description of the area proposed to be annexed to the District.
The proposition shall be in substantially
the following form:
For joining America's Central Port District and assuming a proportionate share of general obligation bonded indebtedness, if any. Against joining America's Central Port District and assuming a proportionate share of general obligation bonded indebtedness, if any.
The court shall cause a
statement of the result of such election to be filed in the records
of the court.
If a majority of the votes cast upon the question of
annexation to the District are in favor of becoming a part of such
District, the court shall then enter an order stating that such
additional territory shall thenceforth be an integral part of the America's Central
Port District and subject to all of the benefits of
service and responsibilities of the District. The circuit clerk shall
transmit a certified copy of the order to the circuit clerk of any other
county in which any of the territory affected is situated.
(Source: P.A. 98-854, eff. 1-1-15.)
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(70 ILCS 1860/34) (from Ch. 19, par. 317)
Sec. 34.
If there is territory contiguous to the District which has no
legal voters residing therein, a petition to annex such territory, signed
by all the owners of record of such territory may be filed with the circuit
court for the county in which the major part of the District is situated. A
time and place for a hearing on the subject of the petition shall be fixed
and notice thereof shall be given in the manner provided in Section 33.
At such hearing any owner of land in the territory proposed to be annexed,
the District and any resident of the District may appear and be heard
touching on the sufficiency of the petition. If the court finds that the
petition satisfies the requirements of this Section it shall enter an order
stating that thenceforth such territory shall be an integral part of the America's Central
Port District and subject to all of the benefits of
service and responsibilities, including the assumption of a proportionate
share of the general obligation bonded indebtedness, if any, of the
District. The circuit clerk shall transmit a certified copy of the order of
the court to the circuit clerk of any other county in which the annexed
territory is situated.
(Source: P.A. 98-854, eff. 1-1-15.)
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