State of Illinois
92nd General Assembly
Legislation

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92_HB3975eng

 
HB3975 Engrossed                               LRB9213655BDmb

 1        AN ACT concerning port districts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Tri-City Regional Port District Act is
 5    amended by changing Sections 2,  6,  and  23  and  by  adding
 6    Section 15.5 as follows:

 7        (70 ILCS 1860/2) (from Ch. 19, par. 285)
 8        Sec. 2. When used in this Act:
 9        "District" or "Port District" means the Tri-City Regional
10    Port District created by this Act.
11        "Terminal"  means  a  public  place, station or depot for
12    receiving and delivering baggage, mail,  freight  or  express
13    matter   and   for  any  combination  of  such  purposes,  in
14    connection with the transportation of persons and property on
15    water or land or in the air.
16        "Terminal  facilities"   means   all   land,   buildings,
17    structures,  improvements, equipment and appliances useful in
18    the operation of public warehouse, storage and transportation
19    facilities  and  industrial,  manufacturing,  processing  and
20    conversion  activities  for  the  accommodation  of   or   in
21    connection  with  commerce  by water or land or in the air or
22    useful  as  an  aid  to  further  the  public  interest,   or
23    constituting   an  advantage  or  convenience  to,  the  safe
24    landing, taking off and navigation of aircraft, or  the  safe
25    and  efficient  operation or maintenance of a public airport;
26    except that nothing in this  definition  contained  shall  be
27    interpreted as granting authority to the District to acquire,
28    purchase,  create,  erect  or  construct  a bridge across any
29    waterway which serves as a  boundary  between  the  State  of
30    Illinois and any other state.
31        "Port  Facilities"  means  all  public structures, except
 
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 1    terminal facilities as defined herein,  that  are  in,  over,
 2    under  or  adjacent to navigable waters and are necessary for
 3    or incident to the furtherance of water commerce and includes
 4    the widening and deepening of slips,  harbors  and  navigable
 5    waters.
 6        "Aircraft"  means  any contrivance now known or hereafter
 7    invented, used or designed for navigation of, or  flight  in,
 8    the air.
 9        "Airport" means any locality, either land or water, which
10    is  used  or  designed  for  the  landing  and  taking off of
11    aircraft, or for the location  of  runways,  landing  fields,
12    airdromes,  hangars,  buildings, structures, airport roadways
13    and other facilities.
14        "Airport  Hazard"  means  any  structure,  or  object  of
15    natural growth, located on or in the vicinity of an  airport,
16    or  any use of land near an airport which is hazardous to the
17    use of such airport for the landing and take-off of aircraft.
18        "Approach" means any path, course or zone defined  by  an
19    ordinance  of  the District or by other lawful regulation, on
20    the ground or in the air, or both, for the use of aircraft in
21    landing and taking off from an  airport  located  within  the
22    District.
23        "Commercial  Aircraft"  means  any  aircraft  other  than
24    public  aircraft  engaged  in  the  business  of transporting
25    persons or property.
26        "Private Aircraft" means any aircraft other  than  public
27    and commercial aircraft.
28        "Public  Aircraft"  means an aircraft used exclusively in
29    the governmental service of the  United  States,  or  of  any
30    state  or  of any public agency, including military and naval
31    aircraft.
32        "Public  Airport"  means  an  airport  owned  by  a  Port
33    District, an airport authority or other public  agency  which
34    is  used  or  is  intended  for use by public, commercial and
 
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 1    private aircraft and by persons owning,  managing,  operating
 2    or desiring to use, inspect or repair any such aircraft or to
 3    use any such airport for aeronautical purposes.
 4        "Public Incinerator" means a facility for the disposal of
 5    waste  by incineration by any means or method for public use,
 6    including, but not limited to, incineration and  disposal  of
 7    industrial wastes.
 8        "Public  Interest"  means the protection, furtherance and
 9    advancement of the general welfare and of public  health  and
10    safety  and  public  necessity  and convenience in respect to
11    aeronautics.
12        "Navigable waters" means any public waters which  are  or
13    can be made usable for water commerce.
14        "Governmental  agency"  means  the Federal, State and any
15    local governmental body, and any agency  or  instrumentality,
16    corporate or otherwise, thereof.
17        "Person"   means   any   individual,  firm,  partnership,
18    corporation, both domestic and foreign, company,  association
19    or   joint  stock  association;  and  includes  any  trustee,
20    receiver, assignee or personal representative thereof.
21        "General obligation bond" means any bond  issued  by  the
22    District  any part of the principal or interest of which bond
23    is to be paid by taxation.
24        "Revenue bond" means any bond issued by the District  the
25    principal  and  interest of which bond is payable solely from
26    revenues or income derived from terminal, terminal facilities
27    or port facilities of the District.
28        "Board" means the Tri-City Port District Board.
29        "Governor" means the Governor of the State of Illinois.
30        "Mayor" means the Mayor of the city of Venice, the  Mayor
31    of  the  city  of Madison or the Mayor of the city of Granite
32    City, as the case may require.
33    (Source: P.A. 77-1578.)
 
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 1        (70 ILCS 1860/6) (from Ch. 19, par. 289)
 2        Sec. 6. The District has power to apply  for  and  accept
 3    grants, loans, or appropriations from the federal government,
 4    the  State  of Illinois, and Madison County, or any agency or
 5    instrumentality thereof to be used for any of the purposes of
 6    the District and  to  enter  into  any  agreements  with  the
 7    federal, State, and county governments government in relation
 8    to such grants, loans or appropriations.
 9        The  District may petition any federal, state, municipal,
10    or local authority, administrative, judicial and legislative,
11    having jurisdiction in the premises,  for  the  adoption  and
12    execution  of  any  physical improvement, change in method or
13    system of handling freight, warehousing, docking, lightering,
14    and transfer of freight, which in the opinion of the District
15    is designed to improve or better the handling of commerce  in
16    and   through  the  Port  District  or  improve  terminal  or
17    transportation facilities therein.
18    (Source: Laws 1959, p. 71.)

19        (70 ILCS 1860/15.5 new)
20        Sec. 15.5. A mayor may hold the office of Commissioner of
21    the Tri-City Regional Port District simultaneously  with  the
22    office of mayor. Notwithstanding any statute to the contrary,
23    a  mayor's  acceptance of an appointment as a Commissioner of
24    the Tri-City Regional Port District  does  not  terminate  or
25    impair the mayor's public office.

26        (70 ILCS 1860/23) (from Ch. 19, par. 306)
27        Sec.  23.   The Board may appoint an executive director a
28    general manager who shall be a person of  recognized  ability
29    and business experience to hold office during the pleasure of
30    the Board.  The executive director general manager shall have
31    management of the properties and business of the District and
32    the  employees  thereof subject to the general control of the
 
HB3975 Engrossed            -5-                LRB9213655BDmb
 1    Board,  shall  direct  the  enforcement  of  all  ordinances,
 2    resolutions, rules and regulations of the  Board,  and  shall
 3    perform  such  other duties as may be prescribed from time to
 4    time by the Board.  The Board may appoint a general attorney,
 5    and a chief engineer, and a general  manager  to  assist  the
 6    executive  director, and shall provide for the appointment of
 7    other officers, and the employment of  additional  attorneys,
 8    engineers,  consultants,  agents  and  employees  as  may  be
 9    necessary.   It  shall  define  their  duties and may require
10    bonds of such of  them  as  the  Board  may  designate.   The
11    executive  director, general manager, general attorney, chief
12    engineer, and all other officers  provided  for  pursuant  to
13    this  section shall be exempt from taking and subscribing any
14    oath of office and shall not be members of  the  Board.   The
15    compensation  of  the  executive  director,  general manager,
16    general attorney, chief engineer,  and  all  other  officers,
17    attorneys,  consultants,  agents and employees shall be fixed
18    by the Board.
19    (Source: P.A. 80-323.)

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