(70 ILCS 1865/1) (from Ch. 19, par. 179)
Sec. 1.
This Act shall be known and may be cited as the "Waukegan Port
District Act".
(Source: Laws 1955, p. 657.)
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(70 ILCS 1865/2) (from Ch. 19, par. 180)
Sec. 2.
When used in this Act:
"District" or "Port District" means the Waukegan 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 lands, buildings, structures,
improvements, equipment and appliances useful in the operation of public
warehouse, storage and transportation facilities for the accommodation of
or in connection with commerce by water or land or in the air or useful as
an aid, 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.
"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 Interest" means the protection, furtherance and advancement of
the general welfare and of public health and safety and public necessity
and convenience in respect to aeronautics.
"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 Waukegan Port District Board.
"Governor" means the Governor of the State of Illinois.
"Mayor" means the Mayor of the City of Waukegan.
(Source: Laws 1957, p. 640.)
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(70 ILCS 1865/3) (from Ch. 19, par. 181)
Sec. 3.
There is created a political subdivision, body politic and
municipal corporation by the name of the Waukegan Port District embracing
all the territory included within the corporate limits of the City of
Waukegan and all the territory lying North of the center line of Sections
31 and 32, Township 45 North, Range 12, East of the 3rd P. M. and East of
the East line of the right-of-way of the Chicago and North Western Railway
in Section 31 and in Sections 36, 25, 24, 13, 12 and 1 in Township 45
North, Range 11, East of the 3rd P. M. and Section 36, Township 46 North,
Range 11 East of the 3rd P. M. and South of the North line of Section 36,
Township 46 North, Range 11, East of the 3rd P. M. and the North line of
Sections 31, 32, 33, 34 and 35 in Township 46 North, Range 12, East of the
3rd P. M., (except the territory lying within the corporate limits of the
Village of Gurnee as said limits exist on the effective date of this
amendatory act of 1957), including an area in Lake Michigan which lies
within a projection Easterly of the territory lying South of the North line
of Section 35, Township 46 North, Range 12, East of the 3rd P. M., and
North of the South line of Section 28, Township 45 North, Range 12, East of
the 3rd P. M., for a distance of two miles into said lake. 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 pleasure.
(Source: Laws 1957, p. 640.)
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(70 ILCS 1865/4) (from Ch. 19, par. 182)
Sec. 4.
The Port District has the rights and powers set forth in Sections
4.1 to 4.15, inclusive.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.1) (from Ch. 19, par. 182.1)
Sec. 4.1.
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 removal and deposit of rock,
earth, sand or other material, or any matter of any kind or description in
said waters.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.2) (from Ch. 19, par. 182.2)
Sec. 4.2.
Prevent or remove obstructions in navigable waters, including the
removal of wrecks.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.3) (from Ch. 19, par. 182.3)
Sec. 4.3.
Locate and establish dock lines and shore or harbor lines.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.4) (from Ch. 19, par. 182.4)
Sec. 4.4.
Regulate the anchorage, moorage and speed of water borne vessels
and establish and enforce regulations for the operation of bridges.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.5) (from Ch. 19, par. 182.5)
Sec. 4.5.
Acquire, own, construct, lease, operate and maintain terminals,
terminal facilities and port facilities, including, but not limited to:
launching, mooring, docking, storing, parking and repairing facilities and
services for all waterborne vessels used for pleasure and commercial
purposes; parking facilities for motor vehicles and boat trailers used in
connection with such vessels; roads and tracks to such facilities; and
fixing and collecting just, reasonable, and nondiscriminatory charges for
the use of such facilities. The charges so collected shall be used to
defray the reasonable expenses of the Port District and to pay the
principal of and interest on any revenue bonds issued by the District.
The District may, if it deems desirable, set aside and allocate an area
or areas within the lands held by it or acquired by it to be leased to
private parties for industrial, manufacturing, commercial or harbor
purposes, where such area or areas are not in the opinion of the District
immediately required for its primary purpose in the development of harbor
and port facilities for the use of public water and land transportation and
where such leasing will, in the opinion of the District, aid and promote
the development of terminal and port facilities. Such leases may be made
for such duration as the District deems desirable, but not to exceed 99
years.
(Source: Laws 1963, p. 2413.)
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(70 ILCS 1865/4.6) (from Ch. 19, par. 182.6)
Sec. 4.6.
Locate, establish and maintain a public airport, public airports
and public airport facilities within its corporate limits or within or upon
any body of water adjacent thereto, and construct, develop, expand, extend
and improve any such airport or airport facility.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.7) (from Ch. 19, par. 182.7)
Sec. 4.7.
Operate, maintain, manage, lease, sublease, and make and enter
into contracts for the use, operation or management of, and provide rules
and regulations for, the operation, management or use of, any public
airport or public airport facility.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.8) (from Ch. 19, par. 182.8)
Sec. 4.8.
Fix, charge and collect reasonable rentals, tolls, fees, and
charges for the use of any public airport, or any part thereof, or any
public airport facility.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.9) (from Ch. 19, par. 182.9)
Sec. 4.9.
Establish, maintain, extend and improve roadways and approaches
by land, water or air to any such airport and contract or otherwise
provide, by condemnation if necessary, for the removal of any airport
hazard or the removal or relocation of all private structures, railways,
mains, pipes, conduits, wires, poles, and all other facilities and
equipment which may interfere with the location, expansion, development, or
improvement of airports or with the safe approach thereto or take-off
therefrom by aircraft, and pay the cost of removal or relocation and,
subject to the "Airport Zoning Act", approved July 17, 1945, as amended,
adopt, administer and enforce airport zoning regulations for territory
which is within its corporate limits or which extends not more than two
miles beyond its corporate limits.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.10) (from Ch. 19, par. 182.10)
Sec. 4.10.
Restrict the height of any object of natural growth or structure
or structures within the vicinity of any airport or within the lines of an
approach to any airport and, when necessary, for the reduction in the
height of any such existing object or structure, enter into an agreement
for such reduction or to accomplish same by condemnation.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.11) (from Ch. 19, par. 182.11)
Sec. 4.11.
Agree with the state or federal government or with any public
agency in respect to the removal and relocation of any object of natural
growth, airport hazard or any structure or building within the vicinity of
any airport or within an approach and which is owned or within the control
of such government or agency and to pay all or an agreed portion of the
cost of such removal or relocation.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.12) (from Ch. 19, par. 182.12)
Sec. 4.12.
For the prevention of accidents, for the furtherance and
protection of public health, safety and convenience in respect to
aeronautics, for the protection of property and persons within the District
from any hazard or nuisance resulting from the flight of aircraft, for the
prevention of interference between, or collision of, aircraft while in
flight or upon the ground, for the prevention or abatement of nuisances in
the air or upon the ground or for the extension of increase in the
usefulness or safety of any public airport or public airport facility owned
by the District, the District may regulate and restrict the flight of
aircraft while within or above the incorporated territory of the District.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.13) (from Ch. 19, par. 182.13)
Sec. 4.13.
Police its property and exercise police powers in respect
thereto or in respect to the enforcement of any rule or regulation provided
by the ordinances of the District and employ and commission police officers
and other qualified persons to enforce the same. The use of any such public
airport or public airport facility of the District shall be subject to the
reasonable regulation and control of the District and upon such reasonable
terms and conditions as shall be established by its Board. A regulatory
ordinance of the District adopted under any provision of this section may
provide for a suspension or revocation of any rights or privileges within
the control of the District for a violation of any such regulatory
ordinance. Nothing in this section or in other provisions of this act shall
be construed to authorize the Board to establish or enforce any regulation
or rule in respect to aviation or the operation or maintenance of any
airport or any airport facility within its jurisdiction, which is in
conflict with any federal or state law or regulation applicable to the same
subject matter.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.14) (from Ch. 19, par. 182.14)
Sec. 4.14.
Enter into agreements with the corporate authorities or
governing body of any other municipal corporation or any political
subdivision of this State to pay the reasonable expense of services
furnished by such municipal corporation or political subdivision for or an
account of income producing properties of the District.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/4.14a) (from Ch. 19, par. 182.14a)
Sec. 4.14a.
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 1865/4.14b) (from Ch. 19, par. 182.14b)
Sec. 4.14b.
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 1865/4.15) (from Ch. 19, par. 182.15)
Sec. 4.15.
Enter into contracts dealing in any manner with the objects and
purposes of this Act.
(Source: Laws 1961, p. 3531.)
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(70 ILCS 1865/5) (from Ch. 19, par. 183)
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 and
merchandising, commercial and industrial areas incidental to the ownership
and operation of an airport terminal facility 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 operation 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 that Commission. The District has the power
to lease, sell, exchange and mortgage real and personal property for any of
the purposes for which it may acquire property under the terms of this Act.
Any conveyance or mortgage by the District shall be signed by its Chairman
and attested by its Secretary.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1865/5.5) Sec. 5.5. 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 1865/6) (from Ch. 19, par. 184)
Sec. 6.
The 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 any agreement with the Federal Government 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: Laws 1955, p. 657.)
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(70 ILCS 1865/7) (from Ch. 19, par. 185)
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 1955, p. 657.)
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(70 ILCS 1865/8) (from Ch. 19, par. 186)
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
merchandising, commercial and industrial areas incidental to the
ownership and operation of an airport terminal facility, terminals,
terminal facilities, airfields, airports and port facilities, and for
acquiring necessary cash working 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 more 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 shall levy a tax that will be required to amortize such bonds. This
ordinance shall not be effective until it has been submitted to referendum
of, and approved by, the legal voters of the District. The question shall
be certified to the proper election officials, who shall submit the question
at an election in accordance with the general
election law. If a majority of the
vote is in favor of the issuance of such 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 bondsin the amount of $.... be issued by Yesthe Waukegan Port District for thepurpose of .... maturing in not more than .... years, bearing not more than....% interest, and a tax levied to Nopay the principal and interest thereof?
(Source: P.A. 82-902.)
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(70 ILCS 1865/9) (from Ch. 19, par. 187)
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. The Bonds 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 bonds, whether revenue or general obligation, may bear
interest at such rate or rates not to exceed 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. 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 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 such 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 any
such 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 such contract or covenant, including the establishment of charges,
fees and rates 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 such bonds shall be
negotiable instruments. Pending the preparation and execution of any
such bonds, temporary bonds may be issued with or without interest
coupons as may be provided by ordinance.
(Source: P.A. 82-902.)
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(70 ILCS 1865/10) (from Ch. 19, par. 188)
Sec. 10.
All bonds, whether general obligation or revenue, shall be
sold by the Board in such manner as the Board shall determine, 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 the bonds according to standard tables of bond values.
(Source: P.A. 82-902.)
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(70 ILCS 1865/11) (from Ch. 19, par. 189)
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
required, 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 any court of
competent jurisdiction to compel performance and compliance therewith, but
the trust agreement may prescribe by whom or on whose behalf such action
may be instituted.
(Source: Laws 1957, p. 640.)
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(70 ILCS 1865/12) (from Ch. 19, par. 190)
Sec. 12.
Under no circumstances shall any bonds issued by the District or
any other obligation of the District to 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 1957, p. 640.)
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(70 ILCS 1865/13) (from Ch. 19, par. 191)
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 an election 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 referendum to be entered upon the records
of the Port District. If a majority of the vote cast on the question 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 the Waukegan 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. 81-1489; 81-1509.)
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(70 ILCS 1865/14) (from Ch. 19, par. 192)
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, 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; 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. 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. 77-2332.)
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(70 ILCS 1865/15) (from Ch. 19, par. 193)
Sec. 15. The governing and administrative body of the Port District shall
be a Board consisting of 7 members, to be known as the Waukegan Port
District Board. Members of the Board shall be residents of a county whose
territory, in whole or in part, is embraced by the District and not less
than 4
members of the Board shall be residents of 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 for his services as such
officer. No member of the Board or employee of the District shall have any
private financial interest, profit or benefit in any contract, work or
business of the District nor in the sale or lease of any property to or
from the District.
(Source: P.A. 94-1003, eff. 7-3-06.)
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(70 ILCS 1865/16) (from Ch. 19, par. 194)
Sec. 16. Within 60 days after this Act becomes effective the Governor, by
and with the advice and consent of the Senate, shall appoint 3 members of
the Board for initial terms expiring June first of the years 1957, 1959 and
1961, respectively, and the Mayor, with advice and consent of the city
council of the city of Waukegan, shall appoint 2 members of the Board for
initial terms expiring June first of the years 1956 and 1958, respectively.
Of the 3 members appointed by the Governor not more than 2 shall be members
of the same political party at the time of appointment. Within 60 days of the effective date of this amendatory Act of the 94th General Assembly, the Mayor of the City of Waukegan shall appoint 2 additional members of the Board, whose terms shall expire on June 1, 2008 and June 1, 2010, respectively. At the expiration
of the term of any member appointed by the Governor, his successor shall be
appointed by the Governor in like manner, and at the expiration of the term
of any member appointed by the Mayor, his successor shall be appointed by
the Mayor in like manner, and with like regard as to the place of residence
of the appointee, as appointments for the initial terms. All successors
shall hold office for the term of 6 years from the first day of June of the
year in which they are appointed, except in the case of an appointment to
fill a vacancy. In case of vacancy in the office of any member appointed by
the Governor during the recess of the Senate, the Governor shall make a
temporary appointment until the next meeting of the Senate when he shall
nominate some person to fill such office; and any person so nominated, who
is confirmed by the Senate, shall hold his office during the remainder of
the term and until his successor shall be appointed and qualified. If the
Senate is not in session at the time this Act takes effect, the Governor
shall make temporary appointments as in case of vacancies. The Governor and
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. 94-1003, eff. 7-3-06.)
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(70 ILCS 1865/17) (from Ch. 19, par. 195)
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 the Mayor, respectively, may remove any member
of the Board appointed by him 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 ten 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 1955, p. 657.)
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(70 ILCS 1865/18) (from Ch. 19, par. 196)
Sec. 18.
As soon as possible after the 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 bylaws 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 three years, whichever is
shorter.
(Source: Laws 1955, p. 657.)
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(70 ILCS 1865/19) (from Ch. 19, par. 197)
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. Four members of the Board shall constitute a quorum for the
transaction of business. All action of the Board shall be by ordinances or
resolution and the affirmative vote of at least 4 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 5
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. 94-1003, eff. 7-3-06.)
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(70 ILCS 1865/20) (from Ch. 19, par. 198)
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. 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 1865/21) (from Ch. 19, par. 199)
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 general manager (executive director) of
the District if not more than $5,000 or by any 2 of the following persons
if $5,000 or more: the treasurer, the general manager (executive director)
of the District, and the chairman of the Board.
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. 86-1255.)
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(70 ILCS 1865/21.1) (from Ch. 19, par. 199.1)
Sec. 21.1.
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 1865/22) (from Ch. 19, par. 200)
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 1955, p. 657.)
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(70 ILCS 1865/23) (from Ch. 19, par. 201)
Sec. 23.
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 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 as may be necessary. It shall define
their duties and may require bonds of such of them as the Board may
designate. The 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 general manager, general attorney, chief
engineer, and all other officers, attorneys, consultants, agents and
employees shall be fixed by the Board.
(Source: P.A. 80-323.)
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(70 ILCS 1865/24) (from Ch. 19, par. 202)
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 1955, p. 657.)
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(70 ILCS 1865/25) (from Ch. 19, par. 203)
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 clerk and
the presiding officer of the county board of each county which is partially
or wholly within the area of operation of the District. 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: Laws 1955, p. 657.)
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(70 ILCS 1865/27) (from Ch. 19, par. 205)
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 1865/28) (from Ch. 19, par. 206)
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 1865/29) (from Ch. 19, par. 207)
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 1955, p. 657.)
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(70 ILCS 1865/30) (from Ch. 19, par. 208)
Sec. 30.
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.
Nothing in this Act or done under its authority shall apply
to, restrict, limit or interfere with the use of any terminal, 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 or the right to use such land and such 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 1865/31) (from Ch. 19, par. 209)
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. 571.)
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(70 ILCS 1865/32) (from Ch. 19, par. 210)
Sec. 32.
Territory which is contiguous to the District may be annexed to
and become a part of the District in the manner provided in Sections 33 or
34, whichever may be applicable.
(Source: Laws 1955, p. 657.)
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(70 ILCS 1865/33) (from Ch. 19, par. 211)
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 the petition to be sufficient,
the court shall enter an appropriate order and the clerk of the circuit
court 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. In addition to the requirements of the general election law, notice
of the referendum shall include a description of the area proposed to be
annexed to the District.
Each legal voter resident within the area proposed to be annexed to the
District shall have the right to cast a ballot at such referendum. The question
shall be in substantially the following form:
For joining the Waukegan Port Districtand assuming a proportionate share ofgeneral obligation bonded indebtedness, if any. Against joining the Waukegan PortDistrict and assuming a proportionate shareof 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
Waukegan 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 county in which
any of the territory affected is situated.
(Source: P.A. 83-343.)
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(70 ILCS 1865/34) (from Ch. 19, par. 212)
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
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 Waukegan 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 circuit
clerk of any other county in which the annexed territory is situated.
(Source: Laws 1967, p. 3688.)
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