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Public Act 098-0854 Public Act 0854 98TH GENERAL ASSEMBLY |
Public Act 098-0854 | SB0499 Enrolled | LRB098 04744 OMW 34772 b |
|
| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Tri-City Regional Port District Act is | amended by changing the title of the Act and Sections 1, 2, 3, | 4, 6, 7.5, 8, 13, 15, 15.5, 16, 18, 19, 25, 33, and 34 as | follows:
| (70 ILCS 1860/Act title)
| An Act to create the America's Central Tri-City Regional | Port District (formerly known as the "Tri-City Regional Port | District Act") and to define its
powers and duties.
| (70 ILCS 1860/1) (from Ch. 19, par. 284)
| Sec. 1.
This Act shall be known and may be cited as the | " America's Central Tri-City Regional Port District Act. "
| (Source: Laws 1959, p. 71.)
| (70 ILCS 1860/2) (from Ch. 19, par. 285)
| Sec. 2. When used in this Act:
| "District" or "Port District" means America's Central the | Tri-City Regional Port District
created by this Act.
| "Terminal" means a public place, station or depot for | receiving and
delivering baggage, mail, freight or express |
| matter and for any combination
of such purposes, in connection | with the transportation of persons and
property on water or | land or in the air.
| "Terminal facilities" means all land, buildings, | structures,
improvements, equipment and appliances useful in | the operation of public
warehouse, storage and transportation | facilities and industrial,
manufacturing, processing and | conversion activities for the accommodation
of or in connection | with commerce by water or land or in the air or useful
as an aid | to further the public interest, or constituting an advantage or
| convenience to, the safe
landing, taking off and navigation of | aircraft, or the safe and efficient
operation or maintenance of | a public airport; except that nothing in this
definition | contained shall be interpreted as granting authority to the
| District to acquire, purchase, create, erect or construct a | bridge across
any waterway which serves as a boundary between | the State of Illinois and
any other state.
| "Port facilities" means all public structures, except | terminal
facilities as defined herein, that are in, over, under | or adjacent to
navigable waters and are necessary for or | incident to the furtherance of
water commerce and includes the | widening and deepening of slips, harbors
and navigable waters.
| "Aircraft" means any contrivance now known or hereafter | invented, used
or designed for navigation of, or flight in, the | air.
| "Airport" means any locality, either land or water, which |
| is used or
designed for the landing and taking off of aircraft, | or for the location of
runways, landing fields, airdromes, | hangars, buildings, structures, airport
roadways and other | facilities.
| "Airport hazard" means any structure, or object of natural | growth,
located on or in the vicinity of an airport, or any use | of land near an
airport which is hazardous to the use of such | airport for the landing and
take-off of aircraft.
| "Approach" means any path, course or zone defined by an | ordinance of the
District or by other lawful regulation, on the | ground or in the air, or
both, for the use of aircraft in | landing and taking off from an airport
located within the | District.
| "Commercial aircraft" means any aircraft other than public | aircraft
engaged in the business of transporting persons or | property.
| "Private aircraft" means any aircraft other than public and | commercial
aircraft.
| "Public aircraft" means an aircraft used exclusively in the | governmental
service of the United States, or of any state or | of any public agency,
including military and naval aircraft.
| "Public airport" means an airport owned by a Port District, | an airport
authority or other public agency which is used or is | intended for use by
public, commercial and private aircraft and | by persons owning, managing,
operating or desiring to use, | inspect or repair any such aircraft or to use
any such airport |
| for aeronautical purposes.
| "Public incinerator" means a facility for the disposal of | waste by
incineration by any means or method for public use, | including, but not
limited to, incineration and disposal of | industrial wastes.
| "Public interest" means the protection, furtherance and | advancement of
the general welfare and of public health and | safety and public necessity
and convenience.
| "Navigable waters" means any public waters which are or can | be made
usable for water commerce.
| "Governmental agency" means the Federal, State and any | local
governmental body, and any agency or instrumentality, | corporate or
otherwise, thereof.
| "Person" means any individual, firm, partnership, | corporation, both
domestic and foreign, company, association | or joint stock association; and
includes any trustee, receiver, | assignee or personal representative
thereof.
| "General obligation bond" means any bond issued by the | District any part
of the principal or interest of which bond is | to be paid by taxation.
| "Revenue bond" means any bond issued by the District the | principal and
interest of which bond is payable solely from | revenues or income derived
from terminal, terminal facilities | or port facilities of the District.
| "Board" means the America's Central Tri-City Port District | Board.
|
| "Governor" means the Governor of the State of Illinois.
| "Mayor" means the Mayor of the city of Venice, the Mayor of | the city of
Madison or the Mayor of the city of Granite City, | as the case may require.
| (Source: P.A. 92-643, eff. 1-1-03.)
| (70 ILCS 1860/3) (from Ch. 19, par. 286)
| Sec. 3.
There is created a political subdivision, body | politic, and
municipal corporation by the name of America's | Central the Tri-City Regional Port District
embracing the | following territory in Madison and Jersey Counties County : all | the territory
included within the townships of Granite City, | Venice , and Nameoki , Chouteau, Wood River, Alton, Godfrey, | Elsah, and Quarry ; and that
part of the township of Chouteau | which lies south of the Cahokia diversion
canal; and all of | Chouteau and Gaboret Islands . Territory may be annexed to
the | District in the manner hereinafter provided in this Act. The | District
may sue and be sued in its corporate name but | execution shall not in any
case issue against any property of | the District. It may adopt a common seal
and change the same at | its pleasure.
| (Source: Laws 1959, p. 71.)
| (70 ILCS 1860/4) (from Ch. 19, par. 287)
| Sec. 4. The Port District has the following rights and | powers:
|
| 1. To issue permits: for the construction of all wharves, | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | jetties, bridges or other
structures of any kind, over, under, | in, or within 40 feet of any navigable
waters within the Port | District; for the deposit of rock, earth, sand or
other | material, or any matter of any kind or description in such | waters;
except that nothing contained in this paragraph 1 shall | be construed so
that it will be deemed necessary to obtain a | permit from the District for
the erection, operation or | maintenance of any bridge crossing a waterway
which serves as a | boundary between the State of Illinois and any other
State, | when such erection, operation or maintenance is performed by | any
city within the District;
| 2. To prevent or remove obstructions in navigable waters, | including the
removal of wrecks;
| 3. To locate and establish dock lines and shore or harbor | lines;
| 4. To regulate the anchorage, moorage and speed of water | borne vessels
and to establish and enforce regulations for the | operation of bridges,
except nothing contained in this | paragraph 4 shall be construed to give the
District authority | to regulate the operation of any bridge crossing a
waterway | which serves as a boundary between the State of Illinois and | any
other State, when such operation is performed or to be | performed by any
city within the District;
| 5. To acquire, own, construct, lease for any period not |
| exceeding 99
years, operate and maintain terminals, terminal | facilities and port
facilities, to fix and collect just, | reasonable, and nondiscriminatory
charges for the use of such | facilities, and, except as provided herein for
short term | financing, to use the charges so collected 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;
| 6. To acquire, erect, construct, reconstruct, improve, | maintain, operate
and lease in whole or part for any period not | exceeding 99 years, central
office or administrative | facilities for use by the Port District, any
tenant, occupant | or user of the District facilities, or anyone engaged in
| commerce in the District.
| 7. To sell, assign, pledge or hypothecate in whole or in | part any
contract, lease, income, charges, tolls, rentals or | fees of the District to
provide short term interim financing | pending the issuance of revenue bonds
by the District, provided | that when such revenue bonds are issued, such
contracts, | leases, income, charges, tolls, rentals or fees shall be used | to
defray the reasonable expenses of the Port District and pay | the principal
of and income on any revenue bonds issued by the | District;
| 8. To acquire, own, construct, lease for any period not | exceeding 99
years, operate, develop and maintain Port District | water and sewerage
systems including but not limited to pipes, |
| mains, lines, sewers, pumping
stations, settling tanks, | treatment plants, water purification equipment,
wells, storage | facilities and all other equipment, material and facilities
| necessary to such systems, for the use upon payment of a | reasonable fee as
set by the District, of any tenant, occupant | or user of the District
facilities, or anyone engaged in | commerce in the District, provided that
the District shall not | acquire, own, construct, lease, operate, develop and
maintain | such water and sewerage systems if such services can be | provided
by a public utility or municipal corporation upon | request of the District,
and provided further that if the | District develops its own water and
sewerage systems such | systems may be sold or disposed of at anytime to any
public | utility or municipal corporation which will continue to service | the
Port District.
| 9. To create, establish, maintain and operate a public | incinerator for
waste disposal by incineration by any means or | method, for use by
municipalities for the disposal of municipal | wastes and by industries for
the disposal of industrial waste; | and to lease land and said incineration
facilities for the | operation of an incinerator for a term not exceeding 99
years | and to fix and collect just, reasonable and non-discriminatory
| charges for the use of such incinerating facilities, and to use | the charges
or lease proceeds to defray the reasonable expenses | of the Port District,
and to pay the principal of and interest | on any revenue bonds issued by the
Port District.
|
| 10. To 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 to construct, develop, expand,
extend and improve | any such airport or airport facilities;
| 11. To operate, maintain, manage, lease or sublease for any | period not
exceeding 99 years, and to make and enter into | contracts for the use,
operation or management of, and to | provide rules and regulations for, the
operation, management or | use of, any public airport or public airport
facility;
| 12. To 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;
| 13. To establish, maintain, extend and improve roadways and | approaches
by land, water or air to any such airport and to | 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 to pay the cost of removal | or relocation; and,
subject to the "Airport Zoning Act", | approved July 17, 1945, as amended,
to adopt, administer and | enforce airport zoning regulations for territory
which is | within its corporate limits or which extends not more than 2 |
| miles
beyond its corporate limits;
| 14. To 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, to enter into an agreement
for such | reduction or to accomplish same by condemnation;
| 15. To agree with the state or federal governments 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;
| 16. 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 or | 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;
|
| 17. To police its physical property only and all waterways | and to
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 to
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 such
Board to establish or enforce any regulation | or rule in respect to
aviation, or the operation or maintenance | of any airport facility within
its jurisdiction, which is in | conflict with any federal or state law or
regulation applicable | to the same subject matter;
| 18. To 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 on account of income
producing | properties of the District;
| 19. To enter into contracts dealing in any manner with the |
| objects and
purposes of this Act;
| 20. To acquire, own, lease, sell or otherwise dispose of | interests in
and to real property and improvements situate | thereon and in personal
property necessary to fulfill the | purposes of the District;
| 21. To designate the fiscal year for the District;
| 22. To engage in any activity or operation which is | incidental to and in
furtherance of efficient operation to | accomplish the District's primary purpose;
| 23. To apply to proper authorities of the United States of | America
pursuant to appropriate appropriated Federal Law for | the right to establish, operate,
maintain and lease
foreign | trade zones and sub-zones within the limits of America's | Central the Tri-City Regional Port
District , or its limits as | approved by the United States Foreign-Trade Zones Board, or | within the jurisdiction of the United States Customs Service
| Office of the St. Louis Port of Entry and to establish, | operate, maintain
and lease such foreign trade zones
and the | sub-zones;
| 24. To operate, maintain, manage, lease, or sublease for | any period not
exceeding 99 years any former military base | owned or leased by the District
and within its jurisdictional | boundaries, to make and enter into any contract
for
the
use, | operation, or management of any former military base owned or | leased by
the District and located within its jurisdictional
| boundaries,
and to provide rules and regulations for the |
| development, redevelopment, and
expansion of any former | military base owned or leased by the District and
located | within its jurisdictional boundaries;
| 25. To locate, establish, re-establish, expand or renew, | construct or
reconstruct, operate, and maintain any facility, | building, structure, or
improvement for a use or a purpose | consistent with any use or purpose of any
former military base | owned or leased by the District and located within its
| jurisdictional boundaries; | 26. To acquire, own, sell, convey, construct, lease for any | period not
exceeding 99 years, manage, operate, expand, | develop, and maintain any
telephone system, including, but not | limited to, all equipment,
materials, and facilities necessary | or incidental to that
telephone
system, for use, at the option | of the District and upon payment of a reasonable
fee set by the | District, of any tenant or occupant
situated on
any former | military base owned or leased by the District and located | within its
jurisdictional boundaries; | 27. To cause to be incorporated one or more subsidiary | business
corporations, wholly owned by the District, to own, | operate, maintain, and
manage facilities and services related | to any telephone system, pursuant to
paragraph 26. A subsidiary | corporation formed pursuant to this paragraph shall
(i) be | deemed a telecommunications carrier, as that term is defined in | Section
13-202 of the Public Utilities Act, (ii) have the right | to apply to the
Illinois
Commerce Commission for a Certificate |
| of Service Authority or a Certificate of
Interexchange Service | Authority, and (iii) have the powers necessary to carry
out
| lawful orders of the Illinois Commerce Commission; | 28. To improve, develop, or redevelop any former military | base situated
within the boundaries of the District, in Madison | County, Illinois, and
acquired
by the District from the federal | government, acting by and through the United
States Maritime | Administration, pursuant to any plan for redevelopment,
| development, or improvement of that military base by the | District that is
approved by the United States Maritime | Administration under the terms and
conditions of conveyance of | the former military base to the District by the
federal
| government ; . | 29. To acquire, erect, construct, maintain and operate | aquariums, museums, planetariums, climatrons and other | edifices for the collection and display of objects pertaining | to natural history or the arts and sciences, or sports | facilities and to permit the directors or trustees of any | corporation or society organized for the erection, | construction, maintenance and operation of an aquarium, | museum, planetarium, climatrons, sports facilities or other | such edifice to perform such erection, construction, | maintenance and operation on or within any property now or | hereafter owned by or under the control or supervision of the | District; and to contract with any such directors or trustees | relative to such acquisition, erection, construction, |
| maintenance and operation and to authorize such directors or | trustees to charge an admission fee, the proceeds of which | shall be devoted exclusively to such erection, construction, | maintenance and operation; | 30. To acquire, erect, construct, reconstruct, improve, | maintain and operate one or more, or a combination or | combinations of, industrial buildings, office buildings, | residential buildings, buildings to be used as a factory, mill | shops, processing plants, packaging plants, assembly plants, | fabricating plants, and buildings to be used as warehouses and | other storage facilities; | 31. To cause to be incorporated one or more subsidiary | business corporations to own, operate, maintain, and manage | facilities and services related to any terminal, terminal | facilities, airfields, airports, port facilities, or real | property of the District, whether as shareholder, partner, or | co-venturer, alone or in cooperation with federal, state, or | local governmental authorities or any other public or private | corporation or person or persons. Such subsidiary business | corporations 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 | subsidiary business corporations may borrow money or obtain | financial assistance from private lenders or federal and state | governmental authorities or issue 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. | (Source: P.A. 93-874, eff. 8-6-04.)
| (70 ILCS 1860/6) (from Ch. 19, par. 289)
| Sec. 6.
The District has power to apply for and accept | grants, loans, or
appropriations from the federal government, | the State of Illinois, and
Madison or Jersey Counties County , | or any agency or instrumentality
thereof to be used for any of | the purposes of the District and to enter
into any agreements | with the federal, State, and county governments in relation
to | such grants, loans or appropriations.
| The District may petition any federal, state, municipal, or | local
authority, administrative, judicial and legislative, | having jurisdiction in
the premises, for the adoption and | execution of any physical improvement,
change in method or | system of handling freight, warehousing, docking,
lightering, | and transfer of freight, which in the opinion of the District
| is designed to improve or better the handling of commerce in | and through
the Port District or improve terminal or | transportation facilities therein.
| (Source: P.A. 92-643, eff. 1-1-03.)
| (70 ILCS 1860/7.5) | Sec. 7.5. Authorization to borrow moneys. The District's |
| Board may borrow money from any bank or other financial | institution and may provide appropriate security for that | borrowing, if the money is repaid within 20 3 years after the | money is borrowed. "Financial institution" means any bank | subject to the Illinois Banking Act, any savings and loan | association subject to the Illinois Savings and Loan Act of | 1985, any savings bank subject to the Savings Bank Act, and any | federally chartered commercial bank or savings and loan | association organized and operated in this State pursuant to | the laws of the United States.
| (Source: P.A. 94-562, eff. 1-1-06.)
| (70 ILCS 1860/8) (from Ch. 19, par. 291)
| Sec. 8.
The District has the continuing power to borrow | money and
issue either general obligation bonds, after approval | by referendum as
hereinafter provided, or revenue bonds without | referendum approval for
the purpose of acquiring, | constructing, reconstructing, extending or
improving | terminals, terminal facilities, airfields, airports and port
| facilities, and for acquiring any property and equipment useful | for the
construction, reconstruction, extension, improvement | or operation of its
terminals, terminal facilities, airfields, | airports and port facilities,
and for acquiring necessary | working cash funds.
| The District may, pursuant to ordinance adopted by the | Board and
without submitting the question to referendum, from |
| time to time issue
and dispose of its interest bearing revenue | bonds and may also in the
same manner from time to time issue | and dispose of its interest bearing
revenue bonds to refund any | revenue bonds at maturity or pursuant to
redemption provisions | or at any time before maturity with the consent of
the holders | thereof.
| If the Board desires to issue general obligation bonds it | shall adopt
an ordinance specifying the amount of bonds to be | issued, the purpose
for which they will be issued, the maximum | rate of interest they will
bear which shall not be greater than | that permitted in "An Act to authorize
public corporations to | issue bonds, other evidences of indebtedness and
tax | anticipation warrants subject to interest rate limitations set | forth
therein", approved May 26, 1970, as now or hereafter | amended. Such interest
may be paid semiannually. The ordinance | shall also specify
the date of maturity which shall
not be more | than 20 years after the date of issuance, and levying a tax
| that will be required to amortize such bonds. This ordinance is | not
effective until it has been submitted to referendum of, and | approved by,
the legal voters of the District. The Board shall | certify the
ordinance and the question to the proper election | officials,
who shall submit the question to the voters at an | election in
accordance with the general election law. If a | majority of the
vote is in favor of the issuance of the general | obligation bonds the
county clerk shall annually extend taxes | against all taxable property
within the District at a rate |
| sufficient to pay the maturing principal
and interest of these | bonds.
| The question shall be in substantially the following form:
| -------------------------------------------------------------
| Shall general obligation bonds
| in the amount of $.... be issued YES
| by America's Central
| the Tri-City Regional Port
| District for the purpose of .... -------------
| maturing in not more than .....
| years, bearing not more than ....% NO
| interest, and a tax levied to pay
| the principal and interest thereof?
| -------------------------------------------------------------
| (Source: P.A. 82-902 .)
| (70 ILCS 1860/13) (from Ch. 19, par. 296)
| Sec. 13.
The Board may, after referendum approval, levy a | tax for
corporate purposes of the District annually at the rate | approved by
referendum, but which rate shall not exceed .05% of | the value of all
taxable property within the Port District as | equalized or assessed by
the Department of Revenue.
| If the Board desires to levy such a tax it shall order that | the question
be submitted at a referendum to be held within the | District. The Board
shall certify the order and the question
to | the proper election officials, who shall submit the question to |
| the voters
at an election in accordance with the general | election law. The Board shall
cause the result of the election | to be entered upon the records of the Port
District. If a | majority of the vote is in favor of the proposition, the
Board | may thereafter levy a tax for corporate purposes at a rate not | to
exceed that approved by referendum but in no event to exceed | .05% of the
value of all taxable property within the District | as equalized or
assessed by the Department of Revenue.
| The question shall be in substantially the following
form:
| -------------------------------------------------------------
| Shall America's Central
| the Tri-City Regional
| 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 .)
| (70 ILCS 1860/15) (from Ch. 19, par. 298)
| Sec. 15.
The governing and administrative body of the Port | District shall
be a Board of Commissioners consisting of 9 7 | members, to be known as
the America's Central Tri-City Regional | Port District Board. All members of the Board shall
be |
| residents of the District and shall be known as Commissioners | of the America's Central
Tri-City Regional Port District Board. | The members of the Board shall serve
without compensation but | shall be reimbursed for actual expenses incurred
by them in the | performance of their duties. However, any Commissioner of
the | Board who is appointed to the office of secretary or treasurer | may
receive compensation for his services as such officer. No | Commissioner of
the Board or employee of the District shall | have any private financial
interest, profit or benefit in any | contract, work or business of the
District nor in the sale or | lease of any property to or from the District,
except to the | extent allowed under "An Act to prevent fraudulent and
corrupt | practices in the making or accepting of official appointments | and
contracts by public officers", approved April 9, 1872, as | now or hereafter amended.
| (Source: P.A. 86-681.)
| (70 ILCS 1860/15.5)
| Sec. 15.5.
A mayor may hold the office of Commissioner of | America's Central the Tri-City
Regional Port District | simultaneously with the office of mayor. Notwithstanding
any | statute to the contrary, a mayor's acceptance of an appointment | as a
Commissioner of America's Central the Tri-City Regional | Port District does not terminate or
impair the mayor's public | office.
| (Source: P.A. 92-643, eff. 1-1-03.)
|
| (70 ILCS 1860/16) (from Ch. 19, par. 299)
| Sec. 16.
The Governor shall appoint 6 members of the Board | and the Mayor of the cities of Venice, Madison and Granite City | shall each appoint one member of the Board, for a total of 9 | Board members. Within 60 days after the effective date of this | amendatory Act of the 98th General Assembly, the Governor shall | appoint 2 members residing in the area north of the Cahokia | Diversion Canal to represent that area, with one member | appointed for an initial term expiring May 31, 2016 and one | member appointed for an initial term expiring May 31, 2017. The | number of Board members appointed by the Governor from the area | north of the Cahokia Diversion Canal shall remain at 2 members | until such time that the gross operating revenues from the area | north of the Cahokia Diversion Canal exceeds 33% of the Port | District's total gross operating revenue, as certified by the | Port District's certified public accountant. When the gross | operating revenue exceeds this amount, the Governor shall, upon | the expiration of their term, replace a Board member who | resides in the area south of the Cahokia Diversion Canal with | an appointee that resides to the north of the Cahokia Diversion | Canal, for a total of 3 members who reside in the area north of | the Cahokia Diversion Canal. When the gross operating revenue | exceeds 45% of the Port District's total gross operating | revenue, as certified by the Port District's certified public | accountant, the Governor shall replace a Board member who |
| resides in the area south of the Cahokia Diversion Canal, upon | the expiration of their term, with an appointee that resides to | the north of the Cahokia Diversion Canal, for a total of 4 | members who reside in the area north of the Cahokia Diversion | Canal. In no case shall there be more than 2 members appointed | by the Governor from the area to the south or to the north of | the Cahokia Diversion Canal whose terms expire in the same | year. At the expiration of the term of any member, the member's | successor shall be appointed by the Governor or the respective | Mayor in the same manner as the original appointment. No more | than 4 members may reside in the area north of the Cahokia | Diversion Canal. The Governor shall appoint 4 members of the | Board and each Mayor
of the cities of Venice, Madison and | Granite City shall appoint one member
of the Board. All initial | appointments shall be made within 60 days after
this Act takes | effect. Of the 4 members initially appointed by the Governor
2 | shall be appointed for initial terms expiring June 1, 1960, one | for an
initial term expiring June 1, 1961 and one for an | initial term expiring
June 1, 1962. The terms of the members | initially appointed by the
respective Mayors shall expire June | 1, 1962. At the expiration of the term
of any member, his | successor shall be appointed by the Governor or the
respective | Mayors in like manner and with like regard to place of | residence
of the appointee, as in the case of appointments for | the initial terms.
| After the expiration of initial terms, each successor shall |
| hold office
for the term of 3 years from the first day of June | of the year in which the
term of office commences. In the case | of a vacancy during the term of
office of any member appointed | by the Governor, the Governor shall make an
appointment for the | remainder of the term vacant and until a successor is
appointed | and qualified. In case of a vacancy during the term of office | of
any member appointed by a Mayor, the proper Mayor shall make | an appointment
for the remainder of the term vacant and until a | successor is appointed and
qualified. The Governor and each | Mayor shall certify their respective
appointments to the | Secretary of State. Within 30 days after certification
of his | appointment, and before entering upon the duties of his office, | each
member of the Board shall take and subscribe the | constitutional oath of
office and file it in the office of the | Secretary of State.
| (Source: Laws 1959, p. 71.)
| (70 ILCS 1860/18) (from Ch. 19, par. 301)
| 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 a term of office as
| provided in the District bylaws. However, such term of office | shall not
exceed his term of office as a member of the Board.
|
| (Source: Laws 1965, p. 393.)
| (70 ILCS 1860/19) (from Ch. 19, par. 302)
| Sec. 19.
Regular meetings of the Board shall be held at | least once in each
calendar month, the time and place of such | meetings to be fixed by the
Board. Five Four members of the | Board shall constitute a quorum for the
transaction of | business. All action of the Board shall be by ordinance or
| resolution and the affirmative vote of at least 5 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 6 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: Laws 1959, p. 71.)
| (70 ILCS 1860/25) (from Ch. 19, par. 308)
| Sec. 25.
Within 60 days after the end of each fiscal year, | the Board shall
cause to be prepared and printed a complete and | detailed report and
financial statement of the operations and | assets and liabilities of the
Port District. A reasonably | sufficient number of copies of such report
shall be printed for | distribution to persons interested, upon request, and
a copy | thereof shall be filed with the Governor and the county clerks | clerk and
the presiding officers officer of the county boards | board of Madison and Jersey Counties County . 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 1959, p. 71.)
| (70 ILCS 1860/33) (from Ch. 19, par. 316)
| Sec. 33.
At least 5% of the legal voters resident within | the limits
of such proposed addition to the District shall | petition the circuit
court for the county in which the major |
| part of the District is
situated, to cause the question to be | submitted to the legal voters of
such proposed additional | territory, whether such proposed additional
territory shall | become a part of the District and assume a proportionate
share | of the general obligation bonded indebtedness, if any, of the
| District. Such petition shall be addressed to the court and | shall
contain a definite description of the boundaries of the | territory to be
embraced in the proposed addition.
| Upon filing any such petition with the clerk of the court, | the court shall
fix a time and place for a hearing upon the | subject of the petition.
| Notice shall be given by the court to whom the petition is | addressed, or
by the circuit clerk or sheriff of the county in | which such petition is
made at the order and direction of the | court, of the time and place of the
hearing upon the subject of | the petition at least 20 days prior thereto
by at least one | publication thereof in any newspaper having general | circulation
within the area proposed to be annexed, and by | mailing a copy of such notice
to the mayor or president of the | board of trustees of all cities, villages
and incorporated | towns within the
District.
| At the hearing all persons residing in or owning property | situated in
the area proposed to be annexed to the District may | appear and be heard
touching upon the sufficiency of the | petition. If the court finds that
the petition does not comply | with the requirements of the law, the court
shall dismiss the |
| petition; but if the court finds that the petition
is | sufficient the court
shall enter an appropriate order and the | clerk of the circuit court shall
certify the order and the | proposition to the proper election officials,
who shall submit | the proposition to the voters at an election in accordance
with | the general election law. In addition to the requirements of | the general
election law the notice of the referendum shall | specify the purpose of such
referendum with a description of | the area proposed to be annexed to the District.
| The proposition shall be in substantially
the following | form:
| -------------------------------------------------------------
| For joining America's Central
| the Tri-City Regional Port
| District and assuming a proportionate
| share of general obligation bonded
| indebtedness, if any.
| -------------------------------------------------------------
| Against joining America's Central
| the Tri-City Regional
| Port District and assuming a proportionate
| share of general obligation bonded
| indebtedness, if any.
| -------------------------------------------------------------
| The court shall cause a
statement of the result of such | election to be filed in the records
of the court.
|
| If a majority of the votes cast upon the question of
| annexation to the District are in favor of becoming a part of | such
District, the court shall then enter an order stating that | such
additional territory shall thenceforth be an integral part | of the America's Central
Tri-City Regional Port District and | subject to all of the benefits of
service and responsibilities | of the District. The circuit clerk shall
transmit a certified | copy of the order to the circuit clerk of any other
county in | which any of the territory affected is situated.
| (Source: P.A. 83-343 .)
| (70 ILCS 1860/34) (from Ch. 19, par. 317)
| Sec. 34.
If there is territory contiguous to the District | which has no
legal voters residing therein, a petition to annex | such territory, signed
by all the owners of record of such | territory may be filed with the circuit
court for the county in | which the major part of the District is situated. A
time and | place for a hearing on the subject of the petition shall be | fixed
and notice thereof shall be given in the manner provided | in Section 33.
At such hearing any owner of land in the | territory proposed to be annexed,
the District and any resident | of the District may appear and be heard
touching on the | sufficiency of the petition. If the court finds that the
| petition satisfies the requirements of this Section it shall | enter an order
stating that thenceforth such territory shall be | an integral part of the America's Central
Tri-City Regional |
| Port District and subject to all of the benefits of
service and | responsibilities, including the assumption of a proportionate
| share of the general obligation bonded indebtedness, if any, of | the
District. The circuit clerk shall transmit a certified copy | of the order of
the court to the circuit clerk of any other | county in which the annexed
territory is situated.
| (Source: Laws 1967, p. 3692.)
|
Effective Date: 1/1/2015
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