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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Shawneetown Regional Port District Act is | |||||||||||||||||||||||||||
5 | amended by changing Sections 3, 4 and 5 and by adding Sections | |||||||||||||||||||||||||||
6 | 2.22 and 4.3 as follows: | |||||||||||||||||||||||||||
7 | (70 ILCS 1850/2.22 new)
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8 | Sec. 2.22. "Rail transportation facilities" means all | |||||||||||||||||||||||||||
9 | land, buildings, structures, improvements, equipment, and | |||||||||||||||||||||||||||
10 | appliances useful in the construction and operation of one or | |||||||||||||||||||||||||||
11 | more freight rail lines for the accommodation of, or in | |||||||||||||||||||||||||||
12 | connection with, commerce.
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13 | (70 ILCS 1850/3) (from Ch. 19, par. 403)
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14 | Sec. 3. There is created a political subdivision, body | |||||||||||||||||||||||||||
15 | politic, and
municipal corporation by the name of the | |||||||||||||||||||||||||||
16 | Shawneetown Regional Port District
embracing the following | |||||||||||||||||||||||||||
17 | territory in Gallatin county: all of the territory
included in | |||||||||||||||||||||||||||
18 | the civil townships of Upper New Haven Township, Lower New
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19 | Haven Township, Shawnee Township, Gold Hill Township, Equality | |||||||||||||||||||||||||||
20 | Township,
Eagle Creek Township, and Bowlesville Township; in | |||||||||||||||||||||||||||
21 | Saline County: all of the territory included in the civil | |||||||||||||||||||||||||||
22 | townships of Cottage Township, Harrisburg Township, Raleigh |
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1 | Township, and Brushy Township; in Williamson County: all of the | ||||||
2 | territory included in the civil townships of Corinth Township, | ||||||
3 | Lake Creek Township, and Herrin Township; and the following | ||||||
4 | territory
in Hardin county: all of the territory included in | ||||||
5 | congressional Township
11 South, Range 9 East of the third | ||||||
6 | principal meridian and in congressional
Township 11 South, | ||||||
7 | Range 10 East of the third principal meridian.
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8 | Territory may be annexed to the District in the manner | ||||||
9 | hereinafter
provided in this Act.
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10 | The District may sue and be sued in its corporate name but | ||||||
11 | execution
shall not in any case issue against any property of | ||||||
12 | the District. It may
adopt a common seal and change the same at | ||||||
13 | pleasure.
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14 | (Source: Laws 1961, p. 2975.)
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15 | (70 ILCS 1850/4) (from Ch. 19, par. 404)
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16 | Sec. 4. Subject to the limitation of powers provided in | ||||||
17 | Section 4.3 of this Act, the
The Port District has the | ||||||
18 | following rights and powers:
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19 | 1. To issue permits: for the construction of all wharves, | ||||||
20 | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | ||||||
21 | jetties, bridges or other
structures of any kind, over, under, | ||||||
22 | in, or within 40 feet of any navigable
waters within the Port | ||||||
23 | Districts; for the deposit of rock, earth, sand or
other | ||||||
24 | material, or any matter of any kind or description in said | ||||||
25 | waters;
except that nothing contained in this paragraph 1 shall |
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1 | be construed so
that it will be deemed necessary to obtain a | ||||||
2 | permit from the District for
the erection, operation or | ||||||
3 | maintenance of any bridge crossing a waterway
which serves as a | ||||||
4 | boundary between the State of Illinois and any other
State, | ||||||
5 | when said erection, operation or maintenance is performed by | ||||||
6 | any
city within the District;
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7 | 2. To prevent or remove obstructions in navigable waters, | ||||||
8 | including the
removal of wrecks;
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9 | 3. To locate and establish dock lines and shore or harbor | ||||||
10 | lines;
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11 | 4. To regulate the anchorage, moorage and speed of water | ||||||
12 | borne vessels
and to establish and enforce regulations for the | ||||||
13 | operation of bridges,
except nothing contained in this | ||||||
14 | paragraph 4 shall be construed to give the
District authority | ||||||
15 | to regulate the operation of any bridge crossing a
water-way | ||||||
16 | which serves as a boundary between the State of Illinois and | ||||||
17 | any
other State, when such operation is performed or to be | ||||||
18 | performed by any
city within the District;
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19 | 5. To acquire, own, construct, lease, operate and maintain | ||||||
20 | terminals,
terminal facilities , rail transportation | ||||||
21 | facilities, and port facilities, and to fix and collect just,
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22 | reasonable, and nondiscriminatory charges for the use of such | ||||||
23 | facilities.
The charges so collected shall be used to defray | ||||||
24 | the reasonable expenses of
the Port District and to pay the | ||||||
25 | principal of and interest on any revenue
bonds issued by the | ||||||
26 | District;
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1 | 6. To locate, establish and maintain a public airport, | ||||||
2 | public airports
and public airport facilities within its | ||||||
3 | corporate limits or within or upon
any body of water adjacent | ||||||
4 | thereto, and to construct, develop, expand,
extend and improve | ||||||
5 | any such airport or airport facility;
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6 | 7. To operate, maintain, manage, lease, sublease, and to | ||||||
7 | make and enter
into contracts for the use, operation or | ||||||
8 | management of, and to provide
rules and regulations for, the | ||||||
9 | operation, management or use of, any public
airport ,
or public | ||||||
10 | airport facility , or rail transportation facility ;
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11 | 8. To fix, charge and collect reasonable rentals, tolls, | ||||||
12 | fees, and
charges for the use of any public airport, or any | ||||||
13 | part thereof, or any
public airport facility , or rail | ||||||
14 | transportation facility ;
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15 | 9. To establish, maintain, extend and improve roadways and | ||||||
16 | approaches by
land, water or air to any such airport and to | ||||||
17 | contract or otherwise
provide, by condemnation if necessary, | ||||||
18 | for the removal of any airport
hazard or the removal or | ||||||
19 | relocation of all private structures, railways,
mains, pipes, | ||||||
20 | conduits, wires, poles, and all other facilities and
equipment | ||||||
21 | which may interfere with the location, expansion, development, | ||||||
22 | or
improvement of airports or with the safe approach thereto or | ||||||
23 | takeoff
therefrom by aircraft, and to pay the cost of removal | ||||||
24 | or relocation; and,
subject to the "Airport Zoning Act", | ||||||
25 | approved July 17, 1945, as amended, to
adopt, administer and | ||||||
26 | enforce airport zoning regulations for territory
which is |
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1 | within its corporate limits or which extends not more than two
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2 | miles beyond its corporate limits;
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3 | 10. To restrict the height of any object of natural growth | ||||||
4 | or structure
or structures within the vicinity of any airport | ||||||
5 | or within the lines of an
approach to any airport and, when | ||||||
6 | necessary, for the reduction in the
height of any such existing | ||||||
7 | object or structure, to enter into an agreement
for such | ||||||
8 | reduction or to accomplish same by condemnation;
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9 | 11. To agree with the state or federal governments or with | ||||||
10 | any public
agency in respect to the removal and relocation of | ||||||
11 | any object of natural
growth, airport hazard or any structure | ||||||
12 | or building within the vicinity of
any airport or within an | ||||||
13 | approach and which is owned or within the control
of such | ||||||
14 | government or agency and to pay all or an agreed portion of the
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15 | cost of such removal or relocation;
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16 | 12. For the prevention of accidents, for the furtherance | ||||||
17 | and protection
of public health, safety and convenience in | ||||||
18 | respect to aeronautics, for the
protection of property and | ||||||
19 | persons within the District from any hazard or
nuisance | ||||||
20 | resulting from the flight of aircraft, for the prevention of
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21 | interference between, or collision of, aircraft while in flight | ||||||
22 | or upon the
ground, for the prevention or abatement of | ||||||
23 | nuisances in the air or upon the
ground or for the extension of | ||||||
24 | increase in the usefulness or safety of any
public airport or | ||||||
25 | public airport facility owned by the District, the
District may | ||||||
26 | regulate and restrict the flight of aircraft while within or
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1 | above the incorporated territory of the District;
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2 | 13. To police its physical property only and all waterways | ||||||
3 | and to
exercise police powers in respect thereto or in respect | ||||||
4 | to the enforcement
of any rule or regulation provided by the | ||||||
5 | ordinances of the District and to
employ and commission police | ||||||
6 | officers and other qualified persons to
enforce the same. The | ||||||
7 | use of any such public airport or public airport
facility of | ||||||
8 | the District shall be subject to the reasonable regulation and
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9 | control of the District and upon such reasonable terms and | ||||||
10 | conditions as
shall be established by its Board. A regulatory | ||||||
11 | ordinance of the District
adopted under any provisions of this | ||||||
12 | Section may provide for a suspension
or revocation of any | ||||||
13 | rights or privileges within the control of the
District for a | ||||||
14 | violation of any such regulatory ordinance. Nothing in this
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15 | Section or in other provisions of this Act shall be construed | ||||||
16 | to authorize
the Board to establish or enforce any regulation | ||||||
17 | or rule in respect to
aviation, or the operation or maintenance | ||||||
18 | of any airport facility within
its jurisdiction, which is in | ||||||
19 | conflict with any federal or state law or
regulation applicable | ||||||
20 | to the same subject matter;
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21 | 14. To enter into agreements with the corporate authorities | ||||||
22 | or governing
body of any other municipal corporation or any | ||||||
23 | political subdivision of
this State to pay the reasonable | ||||||
24 | expense of services furnished by such
municipal corporation or | ||||||
25 | political subdivision for or on account of income
producing | ||||||
26 | properties of the District;
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1 | 15. To enter into contracts dealing in any manner with the | ||||||
2 | objects and
purposes of this Act.
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3 | 16. To acquire, own, lease, sell or otherwise dispose of | ||||||
4 | interests in
and to real property and improvements situate | ||||||
5 | thereon and in personal
property necessary to fulfill the | ||||||
6 | purposes of the District;
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7 | 17. To designate the fiscal year for the District.
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8 | 18. To engage in any activity or operation which is | ||||||
9 | incidental to and in
furtherance of efficient operation to | ||||||
10 | accomplish the District's primary
purpose.
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11 | (Source: Laws 1961, p. 2975.)
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12 | (70 ILCS 1850/4.3 new)
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13 | Sec. 4.3. Notwithstanding anything in this Act to the | ||||||
14 | contrary, the powers and duties of the Authority within the | ||||||
15 | territory of Saline County and Williamson County are limited to | ||||||
16 | those powers and duties necessary for the construction and | ||||||
17 | operation of rail transportation facilities.
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18 | (70 ILCS 1850/5) (from Ch. 19, par. 405)
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19 | Sec. 5. The District has power to acquire , singularly or | ||||||
20 | jointly with other parties, and accept by purchase, lease,
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21 | gift, grant or otherwise any property and rights useful for its | ||||||
22 | purposes and to
provide for the development of channels, ports, | ||||||
23 | harbors, airports,
airfields, terminals, port facilities , rail | ||||||
24 | transportation facilities, and terminal facilities adequate to
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1 | serve the needs of commerce within the District. The District | ||||||
2 | may acquire
real or personal property or any rights therein in | ||||||
3 | the manner, as near as
may be, as is provided for the exercise | ||||||
4 | of the right
of eminent domain under the Eminent Domain Act; | ||||||
5 | except that no rights or property of any kind or character now | ||||||
6 | or
hereafter owned, leased, controlled or operated and used by, | ||||||
7 | or necessary
for the actual operations of, any common carrier | ||||||
8 | engaged in interstate
commerce, or of any other public utility | ||||||
9 | subject to the jurisdiction of the
Illinois Commerce | ||||||
10 | Commission, shall be taken or appropriated by the
District | ||||||
11 | without first obtaining the approval of the Illinois Commerce
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12 | Commission. Notwithstanding the provisions of any other | ||||||
13 | Section of this
Act, the District shall have full power and | ||||||
14 | authority to lease any or all
of its facilities for operation | ||||||
15 | and maintenance to any person for such
length of time and upon | ||||||
16 | such terms as the District shall deem necessary.
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17 | Also the District may lease to others for any period of | ||||||
18 | time, not to
exceed 99 years, upon such terms as its Board may | ||||||
19 | determine, any of its
real property, rights of way or | ||||||
20 | privileges, or any interest therein, or any
part thereof, for | ||||||
21 | industrial, manufacturing, commercial or harbor purposes,
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22 | which is in the opinion of the Port District Board no longer | ||||||
23 | required for
its primary purposes in the development of port | ||||||
24 | and harbor facilities for
the use of public transportation, or | ||||||
25 | which may not be immediately needed
for such purposes, but
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26 | where such leases will in the opinion of the Port
District |
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1 | Board aid and promote the development of port, harbor, and rail | ||||||
2 | transportation facilities
such purposes , and in conjunction | ||||||
3 | with such
leases, the District may grant rights of way and | ||||||
4 | privileges across the
property of the District, which rights of | ||||||
5 | way and privileges may be
assignable and irrevocable during the | ||||||
6 | term of any such lease and may
include the right to enter upon | ||||||
7 | the property of the District to do such
things as may be | ||||||
8 | necessary for the enjoyment of such leases, rights of way
and | ||||||
9 | privileges, and such leases may contain such conditions and | ||||||
10 | retain such
interest therein as may be deemed for the best | ||||||
11 | interest of the District by
such Board.
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12 | Also, the District shall have the right to grant easements | ||||||
13 | and permits
for the use of any such real property, rights of | ||||||
14 | way or privileges which in
the opinion of the Board will not | ||||||
15 | interfere with the use thereof by the
District for its primary | ||||||
16 | purposes and such easements and permits may
contain such | ||||||
17 | conditions and retain such interest therein as may be deemed
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18 | for the best interest of the District by the Board.
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19 | With respect to any and all leases, easements, rights of | ||||||
20 | way, privileges
and permits made or granted by the Board, the | ||||||
21 | Board may agree upon and
collect the rentals, charges and fees | ||||||
22 | that may be deemed for the best
interest of the District. Such | ||||||
23 | rentals, charges and fees shall be used to
defray the | ||||||
24 | reasonable expenses of the District and to pay the principal of
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25 | and interest on any revenue bonds issued by the District.
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26 | (Source: P.A. 94-1055, eff. 1-1-07.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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