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90_HB2554enr
New Act
5 ILCS 220/2 from Ch. 127, par. 742
Creates the Mid-America Intermodal Authority Port
District Act. Establishes the duties, rights, and powers of
the port district. Allows the port district to enter into
agreements or contracts with airports. Allows the port
district to acquire property. Provides that the port
district may apply for the right to establish a foreign trade
zone. Allows the port district to issue revenue bonds.
Allows the port district to levy taxes after approval by the
voters. Provides for the appointment of the Mid-America
Intermodal Authority Port District Board. Provides that the
Board may adopt ordinances and resolutions proper or
necessary to carry into effect the powers of the port
district. Contains other provisions. Amends the
Intergovernmental Cooperation Act to provide that the
Mid-America Intermodal Authority Port District is a "public
agency" for the purposes of the Act. Effective immediately.
LRB9007777MWpcB
HB2554 Enrolled LRB9007777MWpcB
1 AN ACT to create the Mid-America Intermodal Authority
2 Port District.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Mid-America Intermodal Authority Port District Act.
7 Section 5. Definitions. In this Act:
8 "Airport" means any locality, either land or water, that
9 is used or designed for the landing and taking off of
10 aircraft or for the location of runways, landing fields,
11 airdromes, hangars, buildings, structures, airport roadways,
12 and other facilities.
13 "Board" means Mid-America Intermodal Authority Port
14 District Board.
15 "District" means the Mid-America Intermodal Authority
16 Port District created by this Act.
17 "Governmental agency" means the United States, the State
18 of Illinois, any local governmental body, and any agency or
19 instrumentality, corporate or otherwise, thereof.
20 "Governor" means the Governor of the State of Illinois.
21 "Intermodal" means a type of international freight system
22 that permits transshipping among sea, highway, rail, and air
23 modes of transportation through use of ANSI/International
24 Organization for Standardization containers, line haul
25 assets, and handling equipment.
26 "Navigable waters" mean any public waters that are or can
27 be made usable for water commerce.
28 "Person" means any individual, firm, partnership, trust,
29 corporation, both domestic and foreign, company, association,
30 or joint stock association and includes any trustee,
31 receiver, assignee, or personal representative thereof.
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1 "Port facilities" mean all public and other buildings,
2 structures, works, improvements, and equipment, except
3 terminal facilities as defined in this Section, that are
4 upon, in, over, under, adjacent, or near to navigable waters,
5 harbors, slips, and basins and that are necessary or useful
6 for or incident to the furtherance of water and land commerce
7 and the operation of small boats and pleasure craft. "Port
8 facilities" includes the widening and deepening of basins,
9 slips, harbors, and navigable waters. "Port facilities"
10 also mean all lands, buildings, structures, improvements,
11 equipment, and appliances located on district property that
12 are used for industrial, manufacturing, commercial, or
13 recreational purposes.
14 "Terminal" means a public place, station, depot, or area
15 for receiving and delivering articles, commodities, baggage,
16 mail, freight, or express matter and for any combination of
17 those purposes in connection with the transportation and
18 movement by water and land of persons and property.
19 "Terminal facilities" mean all lands, buildings,
20 structures, improvements, equipment, and appliances useful in
21 the operation of public warehouse, storage, and
22 transportation facilities for water and land commerce and for
23 handling, docking, storing, and servicing small boats and
24 pleasure craft.
25 Section 10. Mid-America Intermodal Authority Port
26 District created. There is created a political subdivision,
27 body politic, and municipal corporation by the name of the
28 Mid-America Intermodal Authority Port District embracing all
29 the area within the corporate limits of Adams, Brown, Cass,
30 Hancock, Pike, Schuyler, and Scott Counties. Territory may
31 be annexed to the district in the manner provided in this
32 Act. The district may sue and be sued in its corporate name
33 but execution shall not in any case issue against any
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1 property of the district. It may adopt a common seal and
2 change the same at its pleasure.
3 Section 15. Property of district; exemption. All
4 property of every kind belonging to the Mid-America
5 Intermodal Authority Port District shall be exempt from
6 taxation, provided that a tax may be levied upon a lessee of
7 the district by reason of the value of a leasehold estate
8 separate and apart from the fee or upon any improvements that
9 are constructed and owned by others than the district.
10 All property of the Mid-America Intermodal Authority Port
11 District shall be construed as constituting public grounds
12 owned by a municipal corporation and used exclusively for
13 public purposes within the tax exemption provisions of
14 Sections 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155,
15 and 15-160 of the Property Tax Code.
16 Section 20. Duties. It shall be the duty of the port
17 district:
18 (a) To study the existing harbor plans within the area
19 of the district and to recommend to the appropriate
20 governmental agency, including the General Assembly of
21 Illinois, any changes and modifications that may from time to
22 time be required by continuing development and to meet
23 changing business and commercial needs;
24 (b) To make an investigation of conditions within the
25 area of the district and to prepare and adopt a comprehensive
26 plan for the development of port facilities and intermodal
27 facilities for the district. In preparing and recommending
28 changes and modifications in existing harbor plans or a
29 comprehensive plan for the development of port facilities and
30 intermodal facilities, the district may, if it deems
31 desirable, set aside and allocate an area or areas within the
32 lands held by it to be used and operated by the district or
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1 leased to private parties for industrial, manufacturing,
2 commercial, recreational, or harbor purposes, where the area
3 or areas are not, in the opinion of the district, required
4 for its primary purposes in the development of harbor, port,
5 and intermodal facilities for the use of public water and
6 land transportation, or will not be immediately needed for
7 those purposes, and where the use and operation or leasing
8 will in the opinion of the district aid and promote the
9 development of terminal, port, and intermodal facilities;
10 (c) To study and make recommendations to the proper
11 authority for the improvement of terminal, lighterage,
12 wharfage, warehousing, transfer, and other facilities
13 necessary for the promotion of commerce and the interchange
14 of traffic within, to, and from the district;
15 (d) To study, prepare, and recommend by specific
16 proposals to the General Assembly changes in the jurisdiction
17 of the district;
18 (e) To petition any federal, State, municipal, or local
19 authority, administrative, judicial, and legislative, having
20 jurisdiction in the district for the adoption and execution
21 of any physical improvement, change in method, system of
22 handling freight, warehousing, docking, lightering, and
23 transfer of freight that, in the opinion of the district, may
24 be designed to improve or better the handling of commerce in
25 and through the district or improve terminal or
26 transportation facilities within the district;
27 (f) To foster, stimulate, and promote the shipment of
28 cargoes and commerce through ports, whether originating
29 within or without the State of Illinois;
30 (g) To acquire, construct, own, lease, and develop
31 terminals, wharf facilities, piers, docks, warehouses, bulk
32 terminals, grain elevators, tug boats, and other harbor
33 crafts, and any other port facility or port-related facility
34 or service that it finds necessary and convenient;
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1 (h) To perform any other act or function that may tend
2 to or be useful toward development and improvement of
3 harbors, sea ports, and port-related facilities and services
4 and to increase foreign and domestic commerce through the
5 harbors and ports within the port district; and
6 (i) To study and make recommendations for river
7 resources management and environmental education within the
8 district, including but not limited to, wetlands banks,
9 mitigation areas, water retention and sedimentation areas,
10 fish hatcheries, or wildlife sanctuaries, natural habitat,
11 and native plant research.
12 Section 25. Changes in harbor plans. Any changes and
13 modifications in harbor plans within the area of the port
14 district from time to time recommended by the district or any
15 comprehensive plan for the development of the port facilities
16 adopted by the district, under the authority granted by this
17 Act, shall be submitted to the Department of Natural
18 Resources for approval and approval by the Department shall
19 be conclusive evidence, for all purposes, that these changes
20 and modifications conform to the provisions of this Act.
21 Section 30. Rights and powers. The port district shall
22 have the following rights and powers:
23 (a) To issue permits for the construction of all
24 wharves, piers, dolphins, booms, weirs, breakwaters,
25 bulkheads, jetties, bridges, or other structures of any kind
26 over, under, in, or within 40 feet of any navigable waters
27 within the district; for the deposit of rock, earth, sand, or
28 other material; or for any matter of any kind or description
29 in those waters;
30 (b) To prevent or remove obstructions, including the
31 removal of wrecks;
32 (c) To locate and establish dock lines and shore or
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1 harbor lines;
2 (d) To acquire, own, construct, sell, lease, operate,
3 and maintain port and harbor, water, and land terminal
4 facilities and, subject to the provisions of Section 35, to
5 operate or contract for the operation of those facilities,
6 and to fix and collect just, reasonable, and
7 non-discriminatory charges, rentals, or fees for the use of
8 those facilities. The charges, rentals, or fees so collected
9 shall be made available to defray the reasonable expenses of
10 the district and to pay the principal of and interest on any
11 revenue bonds issued by the district;
12 (e) To enter into any agreement or contract with any
13 airport for the use of airport facilities to the extent
14 necessary to carry out any of the purposes of the district;
15 (f) To the extent authorized by the Intergovernmental
16 Cooperation Act, to enter into any agreements with any other
17 public agency of this State;
18 (g) To the extent authorized by any interstate compact,
19 to enter into agreements with any other state or unit of
20 local government of any other state; and
21 (h) To enter into contracts dealing in any manner with
22 the objects and purposes of this Act.
23 Section 35. Contracts for operation of warehouses and
24 storage facilities. Any public warehouse or other public
25 storage facility owned or otherwise controlled by the
26 district shall be operated by persons under contracts with
27 the district. Any contract shall reserve reasonable rentals
28 or other charges payable to the district sufficient to pay
29 the cost of maintaining, repairing, regulating, and operating
30 the facilities and to pay the principal of and interest on
31 any revenue bonds issued by the district and may contain any
32 other conditions that may be mutually agreed upon. However,
33 upon the breach of a contract or if no contract is in
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1 existence as to any facility, the district shall temporarily
2 operate the facility until a contract for its operation can
3 be negotiated.
4 Section 40. Procedure for leases or contracts for
5 operation of warehouses and storage facilities. All leases
6 or other contracts for operation of any public warehouse or
7 public grain elevator to which this Section is applicable
8 owned or otherwise controlled by the district shall be
9 governed by the following procedures. Notice shall be given
10 by the district that bids will be received for the operation
11 of the public warehouse or public grain elevator. This notice
12 shall state the time within which and the place where bids
13 may be submitted, the time and place of opening of bids, and
14 shall be published not more than 30 days nor less than 15
15 days in advance of the first day for the submission of bids
16 in any one or more newspapers designated by the district that
17 have a general circulation within the district. The notice
18 shall specify sufficient data of the proposed operation to
19 enable bidders to understand the scope of the operation;
20 provided, however, that contracts that by their nature are
21 not adapted to award by competitive bidding, such as
22 contracts for the services of individuals possessing a high
23 degree of personal skill, contracts for the purchase or
24 binding of magazines, books, periodicals, pamphlets, reports,
25 and similar articles, and contracts for utility services such
26 as water, light, heat, telephone, or telegraph, shall not be
27 subject to the competitive bidding requirements of this
28 Section.
29 The Board may, by ordinance, promulgate reasonable
30 regulations prescribing the qualifications of the bidders as
31 to experience, adequacy of equipment, ability to complete
32 performance within the time set, and other factors in
33 addition to financial responsibility, and may, by ordinance,
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1 provide for suitable performance guaranties to qualify a bid.
2 Copies of all regulations shall be made available to all
3 bidders.
4 The district may determine in advance the minimum rental
5 that should be produced by the public warehouse or public
6 grain elevator offered and, if no qualified bid will produce
7 the minimum rental, all bids may be rejected and the district
8 shall then readvertise for bids. If after the readvertisement
9 no responsible and satisfactory bid within the terms of the
10 advertisement is received, the district may then negotiate a
11 lease for not less than the amount of minimum rental so
12 determined. If, after negotiating for a lease as provided in
13 this Section, it is found necessary to revise the minimum
14 rental to be produced by the facilities offered for lease,
15 then the district shall again readvertise for bids, as
16 provided in this Section, before negotiating a lease.
17 If the district shall temporarily operate any public
18 warehouse or public grain elevator as provided in Section 35,
19 the temporary operation shall not continue for more than one
20 year without advertising for bids for the operation of the
21 facility as provided in this Section.
22 Section 45. Obligations for expenses not to be incurred
23 until appropriations made. Unless and until the revenues
24 from operations conducted by the district are adequate to
25 meet all expenditures or unless and until otherwise
26 determined by an act of the General Assembly, the district
27 shall not incur any obligations for salaries, office, or
28 administrative expenses before the making of appropriations
29 to meet those expenses.
30 Section 50. Acquisition of property.
31 (a) The district shall have power to acquire and accept
32 by purchase, lease, gift, grant, or otherwise any and all
HB2554 Enrolled -9- LRB9007777MWpcB
1 real property, whether a fee simple absolute or a lesser
2 estate, and personal property either within or without its
3 corporate limits or any right that may be useful for its
4 purposes and to provide for the development of adequate
5 channels, ports, harbors, terminals, port facilities,
6 terminal facilities, and intermodal facilities adequate to
7 serve the needs of commerce within the district. The
8 district shall have the right to grant easements and permits
9 for the use of any real property, rights of way, or
10 privileges that, in the opinion of the Board, will not
11 interfere with the use of the district's property by the
12 district for its primary purposes and the easements and
13 permits may contain any conditions and retain any interest
14 therein that may be deemed for the best interest of the
15 district by the Board.
16 (b) Any property or facility shall be leased or
17 operated, if at all, only by 2 or more unrelated contracting
18 parties in parcels that are as nearly equal in all respects
19 as practicable unless the Board determines that it is in the
20 best interest of the district to lease the property or
21 facility to a single contracting party.
22 The district, subject to the public bid requirements
23 prescribed in Section 40 with respect to public warehouses or
24 public grain elevators, may lease to others for any period of
25 time not to exceed 99 years upon any terms that the Board may
26 determine any of its real property, rights of way, or
27 privileges, any interest therein, or any part thereof for
28 industrial, manufacturing, commercial, recreational, or
29 harbor purposes, that is in the opinion of the Board no
30 longer required for its primary purposes in the development
31 of port, harbor, and intermodal facilities or that may not be
32 immediately needed for those purposes. Where the leases will
33 in the opinion of the Board aid and promote those purposes,
34 and in conjunction with those leases, the district may grant
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1 rights of way and privileges across the property of the
2 district, which rights of way and privileges may be
3 assignable and irrevocable during the term of any lease and
4 may include the right to enter upon the property of the
5 district to do any things that may be necessary for the
6 enjoyment of the leases, rights of way, and privileges and
7 the leases may contain any conditions and retain any interest
8 that may be deemed for the best interest of the district by
9 the Board.
10 With respect to any and all leases, easements, rights of
11 way, privileges, and permits made or granted by the Board,
12 the Board may agree upon and collect the rentals, charges,
13 and fees that may be deemed for the best interest of the
14 district by the Board. The rentals, charges, and fees shall
15 be used to defray the reasonable expenses of the district and
16 to pay the principal of and interest on any revenue bonds
17 issued by the district.
18 (c) The district may dedicate to the public for highway
19 purposes any of its real property and those dedications may
20 be subject to any conditions and the retention of any
21 interest that may be deemed for the best interest of the
22 district by the Board.
23 (d) The district may sell, convey, or operate any of its
24 buildings, structures, or other improvements located upon
25 district property that may be deemed in the best interest of
26 the district by the Board.
27 Section 55. Grants, loans, and appropriations. The
28 district has power to apply for and accept grants, loans, or
29 appropriations from the federal government or any agency or
30 instrumentality thereof or the State of Illinois or any
31 agency or instrumentality thereof to be used for any of the
32 purposes of the district and to enter into any agreement with
33 the federal government, the State of Illinois, or any agency
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1 or instrumentality thereof in relation to the grants, loans,
2 or appropriations.
3 Section 60. Foreign trade zones and sub-zones. The
4 district has power to apply to the proper authorities of the
5 United States of America under the appropriate law for the
6 right to establish, operate, maintain, and lease foreign
7 trade zones and sub-zones within the jurisdiction of the
8 United States Customs Service and to establish, operate,
9 maintain, and lease the foreign trade zones and sub-zones.
10 Section 65. Insurance contracts. The district has power
11 to procure and enter into contracts for any type of insurance
12 and indemnity against loss or damage to property from any
13 cause, including loss of use and occupancy, against death or
14 injury of any person, against employers' liability, against
15 any act of any member, officer, or employee of the Board or
16 of the district in the performance of the duties of his or
17 her office or employment or any other insurable risk.
18 Section 70. Borrowing money; revenue bonds.
19 (a) The district has the continuing power to borrow
20 money for the purpose of acquiring, constructing,
21 reconstructing, extending, operating, or improving terminals,
22 terminal facilities, port facilities, and intermodal
23 facilities; for acquiring any property and equipment useful
24 for the construction, reconstruction, extension, improvement,
25 or operation of its terminals, terminal facilities, port
26 facilities, and intermodal facilities; and for acquiring
27 necessary cash working funds. For the purpose of evidencing
28 the obligation of the district to repay any money borrowed,
29 the district may, by ordinances adopted by the Board from
30 time to time, issue and dispose of its interest bearing
31 revenue bonds, notes, or certificates and may also from time
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1 to time issue and dispose of its interest bearing revenue
2 bonds, notes, or certificates to refund any bonds, notes, or
3 certificates at maturity or by redemption provisions or at
4 any time before maturity with the consent of the holders
5 thereof.
6 (b) All bonds, notes, and certificates shall be payable
7 solely from the revenues or income to be derived from the
8 terminals, terminal facilities, port facilities, and
9 intermodal facilities or any part thereof; may bear any date
10 or dates; may mature at any time or times not exceeding 40
11 years from their respective dates; may bear interest at any
12 rate or rates payable semiannually; may be in any form; may
13 carry any registration privileges; may be executed in any
14 manner; may be payable at any place or places; may be made
15 subject to redemption in any manner and upon any terms, with
16 or without premium that is stated on the face thereof; may be
17 authenticated in any manner; and may contain any terms and
18 covenants as may be provided in the ordinance. The holder or
19 holders of any bonds, notes, certificates, or interest
20 coupons appertaining to the bonds, notes, and certificates
21 issued by the district may bring civil actions to compel the
22 performance and observance by the district or any of its
23 officers, agents, or employees of any contract or covenant
24 made by the district with the holders of those bonds, notes,
25 certificates, or interest coupons and to compel the district
26 and any of its officers, agents, or employees to perform any
27 duties required to be performed for the benefit of the
28 holders of any bonds, notes, certificates, or interest
29 coupons by the provision in the ordinance authorizing their
30 issuance, and to enjoin the district and any of its officers,
31 agents, or employees from taking any action in conflict with
32 any such contract or covenant, including the establishment of
33 charges, fees, and rates for the use of facilities as
34 provided in this Act. Notwithstanding the form and tenor of
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1 any bonds, notes, or certificates and in the absence of any
2 express recital on the face thereof that it is nonnegotiable,
3 all bonds, notes, and certificates shall be negotiable
4 instruments. Pending the preparation and execution of any
5 bonds, notes, or certificates, temporary bonds, notes, or
6 certificates may be issued with or without interest coupons
7 as may be provided by ordinance.
8 (c) The bonds, notes, or certificates shall be sold by
9 the corporate authorities of the district in any manner that
10 the corporate authorities shall determine, except that if
11 issued to bear interest at the minimum rate permitted by Bond
12 Authorization Act, the bonds shall be sold for not less than
13 par and accrued interest and except that the selling price of
14 bonds bearing interest at a rate less than the maximum rate
15 permitted in that Act shall be such that the interest cost to
16 the district of the money received from the bond sale shall
17 not exceed such maximum rate annually computed to absolute
18 maturity of said bonds or certificates according to standard
19 tables of bond values.
20 (d) From and after the issue of any bonds, notes, or
21 certificates as provided in this Section, it shall be the
22 duty of the corporate authorities of the district to fix and
23 establish rates, charges, and fees for the use of facilities
24 acquired, constructed, reconstructed, extended, or improved
25 with the proceeds derived from the sale of the bonds, notes,
26 or certificates sufficient at all times with other revenues
27 of the district, if any, to pay (i) the cost of maintaining,
28 repairing, regulating, and operating the facilities and (ii)
29 the bonds, notes, or certificates and interest thereon as
30 they shall become due, all sinking fund requirements, and all
31 other requirements provided by the ordinance authorizing the
32 issuance of the bonds, notes, or certificates or as provided
33 by any trust agreement executed to secure payment thereof.
34 To secure the payment of any or all of bonds, notes, or
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1 certificates and for the purpose of setting forth the
2 covenants and undertaking of the district in connection with
3 the issuance of those bonds, notes, or certificates and the
4 issuance of any additional bonds, notes, or certificates
5 payable from revenue income to be derived from the terminals,
6 terminal facilities, port facilities, and intermodal
7 facilities the district may execute and deliver a trust
8 agreement or agreements. A lien upon any physical property
9 of the district may be created by the trust agreement. A
10 remedy for any breach or default of the terms of any trust
11 agreement by the district may be by mandamus proceedings in
12 the circuit court to compel performance and compliance with
13 the agreement, but the trust agreement may prescribe by whom
14 or on whose behalf the action may be instituted.
15 Section 75. Bonds not obligations of the State or
16 district. Under no circumstances shall any bonds, notes, or
17 certificates issued by the district or any other obligation
18 of the district be or become an indebtedness or obligation of
19 the State of Illinois or of any other political subdivision
20 of or municipality within the State, nor shall any bond,
21 note, certificate, or obligation be or become an indebtedness
22 of the district within the purview of any constitutional
23 limitation or provision. It shall be plainly stated on the
24 face of each bond, note, and certificate that it does not
25 constitute an indebtedness or obligation but is payable
26 solely from the revenues or income of the district.
27 Section 80. Revenue bonds as legal investments. The
28 State and all counties, cities, villages, incorporated towns
29 and other municipal corporations, political subdivisions,
30 public bodies, and public officers of any thereof; all banks,
31 bankers, trust companies, savings banks and institutions,
32 building and loan associations, savings and loan
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1 associations, investment companies, and other persons
2 carrying on a banking business; all insurance companies,
3 insurance associations, and other persons carrying on an
4 insurance business; and all executors, administrators,
5 guardians, trustees, and other fiduciaries may legally invest
6 any sinking funds, moneys, or other funds belonging to them
7 or within their control in any bonds, notes, or certificates
8 issued under this Act. It is the purpose of this Section to
9 authorize the investment in bonds, notes, or certificates of
10 all sinking, insurance, retirement, compensation, pension,
11 and trust funds, whether owned or controlled by private or
12 public persons or officers; provided, however, that nothing
13 contained in this Section may be construed as relieving any
14 person from any duty of exercising reasonable care in
15 selecting securities for purchase or investment.
16 Section 85. Taxes. The Board may, after referendum
17 approval, levy a tax for corporate purposes of the district
18 annually at the rate approved by referendum, but which rate
19 shall not exceed .05% of the value of all taxable property
20 within the port district as equalized or assessed by the
21 Department of Revenue.
22 If the Board desires to levy a tax it shall order that
23 the question be submitted at an election to be held within
24 the district and shall certify the order and the question to
25 the proper election officials, who shall submit the question
26 to the voters at an election under the general election law.
27 The Board shall cause the result of the referendum to be
28 entered upon the records of the port district. If a majority
29 of the vote on the question is in favor of the proposition,
30 the Board may annually thereafter levy a tax for corporate
31 purposes at a rate not to exceed that approved by referendum
32 but in no event to exceed .05% of the value of all taxable
33 property within the district as equalized or assessed by the
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1 Department of Revenue.
2 The question shall be in substantially the following
3 form:
4 Shall the Mid-America Intermodal Authority Port
5 District levy a tax annually not to exceed (insert rate)
6 % of the value of taxable property as equalized or
7 assessed by the Department of Revenue for corporate
8 purposes.
9 The votes shall be recorded as "Yes" or "No".
10 Section 90. Permits. It shall be unlawful to make any
11 fill or deposit of rock, earth, sand, or other material, or
12 any refuse matter of any kind or description, or build or
13 commence the building of any wharf, pier, dolphin, boom,
14 weir, breakwater, bulkhead, jetty, bridge, or other structure
15 over, under, in, or within 40 feet of any navigable waters
16 within the district without first submitting the plans,
17 profiles, and specifications for it, and any other data and
18 information that may be required, to the district and
19 receiving a permit. Any person, corporation, company, city
20 or municipality, or other agency that does any of the things
21 prohibited in this Section without securing a permit is
22 guilty of a Class A misdemeanor. Any structure, fill, or
23 deposit erected or made in any of the public bodies of water
24 within the district in violation of the provisions of this
25 Section is declared to be a purpresture and may be abated as
26 such at the expense of the person, corporation, company,
27 city, municipality, or other agency responsible for it. If
28 in the discretion of the district it is decided that the
29 structure, fill, or deposit may remain, the district may fix
30 any rule, regulation, requirement, restrictions, or rentals
31 or require and compel any changes, modifications, and repairs
32 that shall be necessary to protect the interest of the
33 district.
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1 Section 100. Mid-America Intermodal Authority Port
2 District Board; compensation. The governing and
3 administrative body of the district shall be a board
4 consisting of 7 members, to be known as the Mid-America
5 Intermodal Authority Port District Board. Members of the
6 Board shall be residents of a county whose territory, in
7 whole or in part, is embraced by the district and persons of
8 recognized business ability. The members of the Board shall
9 receive compensation for their services, set by the Board at
10 an amount not to exceed $20,000 annually, except the
11 chairperson may receive an additional $5,000 annually, if
12 approved by the Board. All compensation shall be paid
13 directly from the district's operating funds. The members
14 shall receive no other compensation whatever, whether in the
15 form of salary, per diem allowance, or otherwise, for or in
16 connection with their service as members. Each member shall
17 be reimbursed for actual expenses incurred by him or her in
18 the performance of the member's duties. Any person who is
19 appointed to the office of secretary or treasurer of the
20 Board may receive compensation for services as an officer, as
21 determined by the Board, provided that the person is not a
22 member of the Board. No member of the Board or employee of
23 the district shall have any private financial interest,
24 profit, or benefit in any contract, work, or business of the
25 district or in the sale or lease of any property to or from
26 the district.
27 Section 105. Appointment of Board members. The Governor,
28 by and with the advice and consent of the Senate, shall
29 appoint 3 members of the Board for initial terms expiring
30 June first of the years 2000, 2001, and 2002, respectively,
31 and the chairpersons of county boards of the counties within
32 the district shall appoint 4 members for initial terms
33 expiring June first of the years 2000, 2001, 2002, and 2003,
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1 respectively, in a meeting specifically convened for that
2 purpose. Except as provided in this Section, at the
3 expiration of the term of any member appointed by the
4 Governor, his or her successor shall be appointed by the
5 Governor in like manner, and at the expiration of the term of
6 any member appointed by the county boards, his or her
7 successor shall be appointed by the county boards in like
8 manner, as appointments for the initial terms. All
9 successors shall hold office for the term of 5 years from the
10 first day of June of the year in which they are appointed,
11 except in the case of an appointment to fill a vacancy. In
12 case of vacancy in the office of any member appointed by the
13 Governor during the recess of the Senate, the Governor shall
14 make a temporary appointment until the next meeting of the
15 Senate when the Governor shall nominate some person to fill
16 the office; and any person so nominated, who is confirmed by
17 the Senate, shall hold his or her office during the remainder
18 of the term and until his or her successor shall be appointed
19 and qualified. Each appointment by the Governor shall be
20 subject to approval by the county boards and each appointment
21 by the county boards shall be subject to approval by the
22 Governor, and, when so approved, the Governor and the county
23 boards shall certify their respective appointments and
24 approvals to the Secretary of State. Within 30 days after
25 certification and approval of his or her appointment, and
26 before entering upon the duties of his or her office, each
27 member of the Board shall take and subscribe the
28 constitutional oath of office and file it in the office of
29 the Secretary of State.
30 All members of the Board shall reside within the area of
31 the district as defined in Section 10 of this Act.
32 Section 110. Resignation and removal of Board members;
33 vacancies. Members of the Board shall hold office until
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1 their respective successors have been appointed and
2 qualified. Any member may resign from his or her office, to
3 take effect when his or her successor has been appointed and
4 has qualified. The Governor and the county boards may remove
5 any member of the Board appointed by them in case of
6 incompetency, neglect of duty, or malfeasance in office. They
7 shall give the member a copy of the charges against him or
8 her and an opportunity to be publicly heard in person or by
9 counsel in his or her own defense upon not less than 10 days'
10 notice. In case of failure to qualify within the time
11 required, of abandonment of office, or of death, conviction
12 of a crime, or removal from office, the office shall become
13 vacant. Each vacancy shall be filled for the unexpired term
14 by appointment in like manner, and with like regard as to the
15 place of residence of the appointee, as in case of expiration
16 of the term of a member of the Board.
17 Section 115. Organization of the Board. As soon as
18 possible after the appointment of the initial members, the
19 Board shall organize for the transaction of business, select
20 a chairperson and a temporary secretary from its own number,
21 and adopt by-laws and regulations to govern its proceedings.
22 The initial chairperson and successors shall be elected by
23 the Board from time to time for the term of his or her office
24 as a member of the Board or for the term of 3 years,
25 whichever is shorter.
26 Section 120. Meetings; ordinances and resolutions; public
27 records. Regular meetings of the Board shall be held at
28 least once in each calendar month, the time and place of the
29 meeting to be fixed by the Board. Four members of the Board
30 shall constitute a quorum for the transaction of business.
31 All action of the Board shall be by ordinance or resolution
32 and the affirmative vote of at least 4 members shall be
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1 necessary for the adoption of any ordinance or resolution.
2 All ordinances and resolutions before taking effect shall be
3 approved by the chairperson of the Board. If the chairperson
4 shall approve the ordinance or resolution, he or she shall
5 sign it. Those ordinances or resolutions the chairperson
6 shall not approve the chairperson shall return to the Board
7 with his or her objections in writing at the next regular
8 meeting of the Board occurring after the passage of the
9 ordinances or resolutions. If the chairperson shall fail to
10 return any ordinance or resolution with his or her objections
11 by the time required in this Section, he or she shall be
12 deemed to have approved it and it shall take effect
13 accordingly. Upon the return of any ordinance or resolution
14 by the chairperson with his or her objections, the vote by
15 which the ordinance or resolution was passed shall be
16 reconsidered by the Board. If upon reconsideration the
17 ordinance or resolution is passed by the affirmative vote of
18 at least 5 members, it shall go into effect notwithstanding
19 the veto of the chairperson. All ordinances, resolutions, all
20 proceedings of the district, and all documents and records in
21 its possession shall be public records, and open to public
22 inspection, except any documents and records that shall be
23 kept or prepared by the Board for use in negotiations,
24 actions, or proceedings to which the district is a party.
25 Section 125. Secretary and treasurer; oath and bond. The
26 Board shall appoint a secretary and a treasurer who need not
27 be members of the Board to hold office during the pleasure of
28 the Board. The Board shall fix their duties and
29 compensation. Before entering upon the duties of their
30 respective offices, they shall take and subscribe the
31 constitutional oath of office and the treasurer shall execute
32 a bond with corporate sureties to be approved by the Board.
33 The bond shall be payable to the district in whatever penal
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1 sum may be directed by the Board conditioned upon the
2 faithful performance of the duties to the office and the
3 payment of all money received by him or her according to law
4 and the orders of the Board. The Board may, at any time,
5 require a new bond from the treasurer in any penal sum that
6 may be determined by the Board. The obligation of the
7 sureties shall not extend to any loss sustained by the
8 insolvency, failure, or closing of any savings and loan
9 association or national or State bank wherein the treasurer
10 has deposited funds if the bank or savings and loan
11 association has been approved by the Board as a depositary
12 for those funds. The oaths of office and the treasurer's bond
13 shall be filed in the principal office of the district.
14 Section 130. Deposits; checks or drafts.
15 (a) All funds deposited by the treasurer in any bank or
16 savings and loan association shall be placed in the name of
17 the district and shall be withdrawn or paid out only by check
18 or draft upon the bank or savings and loan association,
19 signed by the treasurer and countersigned by the chairperson
20 of the Board. The Board may designate any of its members or
21 any officer or employee of the district to affix the
22 signature of the chairperson and another to affix the
23 signature of the treasurer to any check or draft for payment
24 of salaries or wages and for payment of any other obligation
25 of not more than $10,000.
26 No bank or savings and loan association shall receive
27 public funds as permitted by this Section unless it has
28 complied with the requirements established under Section 6 of
29 the Public Funds Investment Act.
30 (b) In case any officer whose signature appears upon any
31 check or draft issued under this Act ceases to hold his or
32 her office before the delivery of the check or draft to the
33 payee, his or her signature nevertheless shall be valid and
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1 sufficient for all purposes with the same effect as if he or
2 she had remained in office until delivery of the check or
3 draft.
4 Section 135. Prompt payment. Purchases made under this
5 Act shall be made in compliance with the Local Government
6 Prompt Payment Act.
7 Section 140. Executive director, officers, and
8 employees. The Board may appoint an executive director, who
9 shall be a person of recognized ability and business
10 experience, to hold office during the pleasure of the Board.
11 The executive director shall have management of the
12 properties, business, and the employees of the district
13 subject to the general control of the Board; shall direct the
14 enforcement of all ordinances, resolutions, rules, and
15 regulations of the Board; and shall perform any other duties
16 that may be prescribed from time to time by the Board. The
17 Board may appoint a general attorney and a chief engineer and
18 shall provide for the appointment of any other officers,
19 attorneys, engineers, consultants, agents, and employees that
20 may be necessary. The Board shall define their duties and
21 require bonds of those that it may designate.
22 The executive director, general attorney, chief engineer,
23 and all other officers provided for under this Section shall
24 be exempt from taking and subscribing any oath of office and
25 shall not be members of the Board. The compensation of the
26 executive director, general attorney, chief engineer, and all
27 other officers, attorneys, consultants, agents, and employees
28 shall be fixed by the Board, subject to the provisions of
29 Section 125 of this Act.
30 Section 145. Fines and penalties. The Board shall have
31 power to pass all ordinances and to make all rules and
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1 regulations proper or necessary to carry into effect the
2 powers granted to the district, with any fines or penalties
3 that may be deemed proper. All fines and penalties shall be
4 imposed by ordinances that shall be published in a newspaper
5 of general circulation published in the area embraced by the
6 district. No ordinance shall take effect until 10 days after
7 its publication.
8 Section 150. Report and financial statement. As soon
9 after the end of each fiscal year as may be expedient, the
10 Board shall prepare and print a complete and detailed report
11 and financial statement of its operations and of its assets
12 and liabilities. A reasonably sufficient number of copies of
13 the report shall be printed for distribution to persons
14 interested, upon request, and a copy of the report shall be
15 filed with the Governor and the county clerk of each county
16 that is within the area of the district. A copy of the report
17 shall be addressed to and mailed to the mayor and city
18 council or president and board of trustees of each
19 municipality within the area of the district.
20 Section 155. Investigations by the Board. The Board may
21 investigate conditions in which it has an interest within the
22 area of the district; the enforcement of its ordinances,
23 rules, and regulations; and the action, conduct, and
24 efficiency of all officers, agents, and employees of the
25 district. In the conduct of investigations the Board may hold
26 public hearings on its own motion and shall do so on
27 complaint of any municipality within the district. Each
28 member of the Board shall have power to administer oaths and
29 the secretary, by order of the Board, shall issue subpoenas
30 to secure the attendance and testimony of witnesses and the
31 production of books and papers relevant to investigations and
32 to any hearing before the Board or any member of the Board.
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1 Any circuit court of this State, upon application of the
2 Board or any member of the Board, may in its discretion
3 compel the attendance of witnesses, the production of books
4 and papers, and giving of testimony before the Board, before
5 any member of the Board, or before any officers' committee
6 appointed by the Board by attachment for contempt or
7 otherwise in the same manner as the production of evidence
8 may be compelled before the court.
9 Section 160. Annexation. Territory that is contiguous
10 to the district and that is not included within any other
11 port district may be annexed to and become a part of the
12 district in the manner provided in Section 165 or 170,
13 whichever is applicable.
14 Section 165. Petition for annexation. At least 5% of
15 the legal voters resident within the limits of the proposed
16 addition to the district shall petition the circuit court for
17 a county in which a major part of the district is situated,
18 to cause the question of whether the proposed additional
19 territory shall become a part of the district to be submitted
20 to the legal voters of the proposed additional territory.
21 The petition shall be addressed to the court and shall
22 contain a definite description of the boundaries of the
23 territory to be embraced in the proposed addition.
24 Upon the filing of any petition with the clerk of the
25 court, the court shall fix a time and place for a hearing
26 upon the subject of the petition.
27 Notice shall be given by the court to whom the petition
28 is addressed or by the circuit clerk or sheriff of the county
29 in which the petition is made at the order and direction of
30 the court of the time and place of the hearing upon the
31 subject of the petition at least 20 days before the hearing
32 by at least one publication of the notice in any newspaper
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1 having general circulation within the area proposed to be
2 annexed, and by mailing a copy of the notice to the mayor or
3 president of the board of trustees of all cities, villages,
4 and incorporated towns within the district.
5 At the hearing the district, all persons residing or
6 owning property within the district, and all persons residing
7 in or owning property situated in the area proposed to be
8 annexed to the district may appear and be heard touching upon
9 the sufficiency of the petition. If the court finds that the
10 petition does not comply with the requirements of the law,
11 the court shall dismiss the petition. If the court finds
12 that the petition is sufficient, the court shall certify the
13 petition and the proposition to the proper election officials
14 who shall submit the proposition to the voters at an election
15 under the general election law. In addition to the
16 requirements of the general election law, the notice of the
17 referendum shall include a description of the area proposed
18 to be annexed to the district.
19 The proposition shall be in substantially the following
20 form:
21 Shall (description of the territory proposed to be
22 annexed) join the Mid-America Intermodal Authority Port
23 District?
24 The votes shall be recorded as "Yes" or "No".
25 The court shall cause a statement of the result of the
26 referendum to be filed in the records of the court.
27 If a majority of the votes cast upon the question of
28 annexation to the district are in favor of becoming a part of
29 the district, the court shall then enter an order stating
30 that the additional territory shall thenceforth be an
31 integral part of the Mid-America Intermodal Authority Port
32 District and subject to all of the benefits of service and
33 responsibilities of the district. The circuit clerk shall
34 transmit a certified copy of the order to the circuit clerk
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1 of any other county in which any of the territory affected is
2 situated.
3 Section 170. Annexation of territory having no legal
4 voters. If there is territory contiguous to the district
5 that has no legal voters residing within it, a petition to
6 annex the territory signed by all the owners of record of the
7 territory may be filed with the circuit court for the county
8 in which a major part of the district is situated. A time
9 and place for a hearing on the subject of the petition shall
10 be fixed and notice of the hearing shall be given in the
11 manner provided in Section 165. At the hearing any owner of
12 land in the territory proposed to be annexed, the district,
13 and any resident of the district may appear and be heard
14 touching on the sufficiency of the petition. If the court
15 finds that the petition satisfies the requirements of this
16 Section, it shall enter an order stating that thenceforth the
17 territory shall be an integral part of the Mid-America
18 Intermodal Authority Port District and subject to all of the
19 benefits of service and responsibilities of the district.
20 The circuit clerk shall transmit a certified copy of the
21 order of the court to the circuit clerk of any other county
22 in which the annexed territory is situated.
23 Section 175. Administrative Review Law. All final
24 administrative decisions of the Board, shall be subject to
25 judicial review under the provisions of the Administrative
26 Review Law and the rules adopted under that Act. The term
27 "administrative decision" means the same as in Section 3-101
28 of the Code of Civil Procedure.
29 Section 180. Severability. If any provision of this Act
30 or its application to any person or circumstance is held
31 invalid, the invalidity of that provision or application does
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1 not affect other provisions or applications of this Act that
2 can be given effect without the invalid provision or
3 application.
4 Section 185. Interference with private facilities. The
5 provisions of this Act shall not be considered as impairing,
6 altering, modifying, repealing, or superseding any of the
7 jurisdiction or powers of the Illinois Commerce Commission or
8 of the Department of Natural Resources under the Rivers,
9 Lakes, and Streams Act. Nothing in this Act or done under
10 its authority shall apply to, restrict, limit, or interfere
11 with the use of any terminal, terminal facility, port
12 facility, or intermodal facility owned or operated by any
13 private person for the storage or handling or transfer of any
14 commodity moving in interstate commerce or the use of the
15 land and facilities of a common carrier or other public
16 utility and the space above that land and those facilities or
17 the right to use that land and those facilities in the
18 business of any common carrier or other public utility,
19 without approval of the Illinois Commerce Commission and
20 without the payment of just compensation to any common
21 carrier or other public utility for damages resulting from
22 any restriction, limitation, or interference.
23 Section 190. Non-applicability of conflicting provisions
24 of the Illinois Municipal Code. The provisions of the
25 Illinois Municipal Code shall not be effective within the
26 area of the district insofar as the provisions of that Act
27 conflict with the provisions of this Act or grant
28 substantially the same powers to any municipal corporation
29 that are granted to the district by this Act.
30 Section 800. The Intergovernmental Cooperation Act is
31 amended by changing Section 2 as follows:
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1 (5 ILCS 220/2) (from Ch. 127, par. 742)
2 Sec. 2. Definitions. For the purpose of this Act:
3 (1) The term "public agency" shall mean any unit of
4 local government as defined in the Illinois Constitution of
5 1970, any school district, any public community college
6 district, any public building commission, the State of
7 Illinois, any agency of the State government or of the United
8 States, or of any other State, any political subdivision of
9 another State, and any combination of the above pursuant to
10 an intergovernmental agreement which includes provisions for
11 a governing body of the agency created by the agreement.
12 For the purposes of this Act, "public agency" includes
13 the Mid-America Intermodal Authority Port District created
14 under the Mid-America Intermodal Authority Port District Act.
15 (2) The term "state" shall mean a state of the United
16 States.
17 (Source: P.A. 87-1208.)
18 Section 999. Effective date. This Act takes effect upon
19 becoming law.