HB1617 EngrossedLRB096 05181 RLJ 15247 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Ottawa
5Port District Act.
 
6    Section 5. Definitions. As used in this Act, the following
7terms shall have the following meanings unless a different
8meaning clearly appears from the context:
9    "Aircraft" means any contrivance now known or hereafter
10invented, used, or designed for navigation of, or flight in,
11the air.
12    "Airport" means any locality, either land or water, which
13is used or designed for the landing and taking off of aircraft,
14or for the location of runways, landing fields, airdromes,
15hangars, buildings, structures, airport roadways, and other
16facilities.
17    "Airport hazard" means any structure, or object of natural
18growth, located on or in the vicinity of an airport, or any use
19of land near an airport which is hazardous to the use of that
20airport for the landing and take off of aircraft.
21    "Approach" means any path, course, or zone defined by an
22ordinance of the District or by other lawful regulation, on the
23ground or in the air, or both, for the use of aircraft in

 

 

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1landing and taking off from an airport located within the
2District.
3    "Board" means the Ottawa Port District Board.
4    "Commercial aircraft" means any aircraft other than public
5aircraft engaged in the business of transporting persons or
6property.
7    "District" means the Ottawa Port District created by this
8Act.
9    "Export trading companies" means a person, partnership,
10association, public or private corporation, or similar
11organization, whether operated for profit or not-for-profit,
12which is organized and operated principally for purposes of
13exporting goods or services produced in the United States,
14importing goods or services produced in foreign countries,
15conducting third country trading, or facilitating such trade by
16providing one or more services in support of such trade.
17    "General obligation bond" means any bond issued by the
18District any part of the principal or interest of which bond is
19to be paid by taxation.
20    "Governmental agency" means the federal government, the
21State, and any unit of local government or school district, and
22any agency or instrumentality, corporate or otherwise,
23thereof.
24    "Governor" means the Governor of the State of Illinois.
25    "Mayor" means the Mayor of the City of Ottawa.
26    "Navigable waters" means any public waters which are or can

 

 

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1be made usable for water commerce.
2    "Person" means any individual, firm, partnership,
3corporation, both domestic and foreign, company, association,
4or joint stock association, and includes any trustee, receiver,
5assignee, or personal representative thereof.
6    "Port facilities" means all public and other buildings,
7structures, works, improvements, and equipment, except
8terminal facilities as defined in this Section, that are upon,
9in, over, under, adjacent, or near to navigable waters,
10harbors, slips, and basins, and are necessary or useful for or
11incident to the furtherance of water and land commerce and the
12operation of small boats and pleasure craft and includes the
13widening and deepening of basins, slips, harbors, and navigable
14waters. "Port facilities" also means all lands, buildings,
15structures, improvements, equipment, and appliances located on
16District property that are used for industrial, manufacturing,
17commercial, or recreational purposes.
18    "Private aircraft" means any aircraft other than public and
19commercial aircraft.
20    "Public aircraft" means an aircraft used exclusively in the
21governmental service of the United States, or of any state or
22of any public agency, including military and naval aircraft.
23    "Public airport" means an airport owned by a District, an
24airport authority, or other public agency which is used or is
25intended for use by public, commercial, and private aircraft
26and by persons owning, managing, operating, or desiring to use,

 

 

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1inspect, or repair any such aircraft or to use any such airport
2for aeronautical purposes.
3    "Public interest" means the protection, furtherance, and
4advancement of the general welfare and of public health and
5safety and public necessity and convenience in respect to
6aeronautics.
7    "Revenue bond" means any bond issued by the District the
8principal and interest of which bond is payable solely from
9revenues or income derived from terminal, terminal facilities,
10or port facilities of the District.
11    "Terminal" means a public place, station, or depot for
12receiving and delivering baggage, mail, freight, or express
13matter and for any combination of those purposes, in connection
14with the transportation of persons and property on water or
15land or in the air.
16    "Terminal facilities" means all land, buildings,
17structures, improvements, equipment, and appliances useful in
18the operation of public warehouse, storage, and transportation
19facilities for the accommodation of or in connection with
20commerce by water or land or in the air or useful as an aid, or
21constituting an advantage or convenience to, the safe landing,
22taking off, and navigation of aircraft, or the safe and
23efficient operation or maintenance of a public airport.
 
24    Section 10. Ottawa Port District. There is created a
25political subdivision, body politic, and municipal corporation

 

 

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1by the name of the Ottawa Port District embracing the following
2described territory in LaSalle County, Illinois: the following
3sections in Township 34 North, Range 3 East of the Third
4Principal Meridian: 25, 26, 34, 35 and 36; and the following
5sections in Township 33 North, Range 3 East of the Third
6Principal Meridian: 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16,
717, 18, 19, 20, 21, 22, 23 and 24; and the following sections
8in Township 33 North, Range 4 East of the Third Principal
9Meridian: 4, 5, 6, 7, 8, 9, the southwest quarter of section
1010, the northwest quarter of section 15 and that portion of
11section 15 lying north of the Illinois River and South of the
12Illinois and Michigan Canal, 16, 17 and 18; and the following
13sections in Township 34 North Range 4 East of the Third
14Principal Meridian: 20, that portion of section 21 lying west
15of the Fox River, 28, 29, 30, 31, 32 and 33.
 
16    Section 15. Property of District; exemption. All property
17of every kind owned by the District shall be exempt from
18taxation. However, a tax may be levied upon a lessee of the
19District by reason of the value of a leasehold estate separate
20and apart from the fee simple title or upon any improvements
21that are constructed and owned by others than the District.
22    All property of the District shall be public grounds owned
23by a municipal corporation and used exclusively for public
24purposes within the tax exemption provisions of Sections 15-10,
2515-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 of the

 

 

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1Property Tax Code.
 
2    Section 20. Rights and powers. The District has the
3following rights and powers:
4    (1) To issue permits for the following purposes: (i) the
5construction of all wharves, piers, dolphins, booms, weirs,
6breakwaters, bulkheads, jetties, bridges, or other structures
7of any kind, over, under, in, or within 40 feet of any
8navigable waters within the District and (ii) the deposit of
9rock, earth, sand, or other material, or any matter of any kind
10or description in the waters.
11    (2) To prevent or remove obstructions in navigable waters,
12including the removal of wrecks.
13    (3) To locate and establish dock lines and shore or harbor
14lines.
15    (4) To regulate the anchorage, moorage, and speed of water
16borne vessels and to establish and enforce regulations for the
17operation of bridges.
18    (5) To acquire, own, construct, lease, operate, and
19maintain terminals, terminal facilities, and port facilities,
20and to fix and collect just, reasonable, and nondiscriminatory
21charges for the use of those facilities. The charges so
22collected shall be used to defray the reasonable expenses of
23the District and to pay the principal of and interest on any
24revenue bonds issued by the District.
25    (6) To locate, establish, and maintain a public airport,

 

 

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1public airports, and public airport facilities within its
2corporate limits or within or upon any body of water adjacent
3thereto, and to construct, develop, expand, extend, and improve
4any such airport or airport facility.
5    (7) To operate, maintain, manage, lease, sublease, and to
6make and enter into contracts for the use, operation, or
7management of, and to provide rules and regulations for, the
8operation, management, or use of, any public airport or public
9airport facility.
10    (8) To fix, charge, and collect reasonable rentals, tolls,
11fees, and charges for the use of any public airport, or any
12part thereof, or any public airport facility.
13    (9) To establish, maintain, extend, and improve roadways
14and approaches by land, water, or air to any airport and to
15contract or otherwise provide, by condemnation if necessary,
16for the removal of any airport hazard or the removal or
17relocation of all private structures, railways, mains, pipes,
18conduits, wires, poles, and all other facilities and equipment
19which may interfere with the location, expansion, development,
20or improvement of airports or with the safe approach thereto or
21takeoff therefrom by aircraft, and to pay the cost of removal
22or relocation; and, subject to the Airport Zoning Act, to
23adopt, administer, and enforce airport zoning regulations for
24territory which is within its corporate limits or which extends
25not more than 2 miles beyond its corporate limits.
26    (10) To restrict the height of any object of natural growth

 

 

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1or structure within the vicinity of any airport or within the
2lines of an approach to any airport and, if necessary, for the
3reduction in the height of any such existing object or
4structure, to enter into an agreement for the reduction or to
5accomplish the same by condemnation.
6    (11) To agree with the State or federal government or with
7any public agency in respect to the removal and relocation of
8any object of natural growth, airport hazard, or structure or
9building within the vicinity of any airport or within an
10approach and which is owned or within the control of such
11government or agency and to pay all or an agreed portion of the
12cost of the removal or relocation.
13    (12) To regulate and restrict the flight of aircraft while
14within or above the District for the following purposes: (i)
15the prevention of accidents; (ii) the furtherance and
16protection of public health, safety, and convenience in respect
17to aeronautics; (iii) the protection of property and persons
18within the District from any hazard or nuisance resulting from
19the flight of aircraft; (iv) the prevention of interference
20between, or collision of, aircraft while in flight or upon the
21ground; (v) the prevention or abatement of nuisances in the air
22or upon the ground; or (vi) the extension of increase in the
23usefulness or safety of any public airport or public airport
24facility owned by the District.
25    (13) To police its physical property only and all waterways
26and to exercise police powers in respect thereto or in respect

 

 

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1to the enforcement of any rule or regulation provided by the
2ordinances of the District and to employ and commission police
3officers and other qualified persons to enforce the same. The
4use of any public airport or public airport facility of the
5District shall be subject to the reasonable regulation and
6control of the District and upon such reasonable terms and
7conditions established by its Board. A regulatory ordinance of
8the District adopted under any provisions of this Section may
9provide for a suspension or revocation of any rights or
10privileges within the control of the District for a violation
11of any such regulatory ordinance. Nothing in this Section or in
12other provisions of this Act shall be construed to authorize
13the Board to establish or enforce any regulation or rule in
14respect to aviation, or the operation or maintenance of any
15airport facility within its jurisdiction, which is in conflict
16with any federal or State law or regulation applicable to the
17same subject matter.
18    (14) To enter into agreements with the corporate
19authorities or governing body of any other municipal
20corporation or any political subdivision of this State to pay
21the reasonable expense of services furnished by the municipal
22corporation or political subdivision for or on account of
23income producing properties of the District.
24    (15) To enter into contracts dealing in any manner with the
25objects and purposes of this Act.
26    (16) To acquire, own, lease, sell, or otherwise dispose of

 

 

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1interests in and to real property and improvements situated
2thereon and in personal property necessary to fulfill the
3purposes of the District.
4    (17) To designate the fiscal year for the District.
5    (18) To engage in any activity or operation which is
6incidental to and in furtherance of efficient operation to
7accomplish the District's primary purpose.
8    (19) To build, construct, repair, and maintain levees.
9    (20) To sue and be sued in its corporate name but execution
10shall not in any case issue against any property of the
11District.
12    (21) To adopt a common seal and change the same at
13pleasure.
14    (22) To annex property as set forth in this Act.
 
15    Section 25. Prompt payment. Purchases made pursuant to this
16Act shall be made in compliance with the Local Government
17Prompt Payment Act.
 
18    Section 30. Acquisition of property. The District has the
19power to acquire and accept by purchase, lease, gift, grant, or
20otherwise any property and rights useful for its purposes and
21to provide for the development of channels, ports, harbors,
22airports, airfields, terminals, port facilities, and terminal
23facilities adequate to serve the needs of commerce within the
24District. The District may acquire real or personal property or

 

 

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1any rights therein in the manner, as near as may be, as is
2provided for the exercise of the right of eminent domain under
3the Eminent Domain Act; except that no rights or property of
4any kind or character now or hereafter owned, leased,
5controlled, or operated and used by, or necessary for the
6actual operations of, any common carrier engaged in interstate
7commerce, or of any other public utility subject to the
8jurisdiction of the Illinois Commerce Commission, shall be
9taken or appropriated by the District without first obtaining
10the approval of the Illinois Commerce Commission.
11Notwithstanding any provision of this Act to the contrary, the
12District has the full power and authority to lease any of its
13facilities for operation and maintenance to any person for a
14length of time and upon terms as the District shall deem
15necessary.
16    Also, the District may lease to others for any period of
17time, not to exceed 99 years, upon terms as its Board may
18determine, any of its real property, rights-of-way, or
19privileges, or any interest therein, or any part thereof, for
20industrial, manufacturing, commercial, or harbor purposes,
21which is in the opinion of the Board no longer required for its
22primary purposes in the development of port and harbor
23facilities for the use of public transportation, or which may
24not be immediately needed for those purposes, but where such
25leases will in the opinion of the Board aid and promote those
26purposes, and in conjunction with such leases, the District may

 

 

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1grant rights-of-way and privileges across the property of the
2District, which rights-of-way and privileges may be assignable
3and irrevocable during the term of any such lease and may
4include the right to enter upon the property of the District to
5do things as may be necessary for the enjoyment of such leases,
6rights-of-way, and privileges, and such leases may contain
7conditions and retain interest therein as may be deemed for the
8best interest of the District by the Board.
9    Also, the District shall have the right to grant easements
10and permits for the use of any real property, rights-of-way, or
11privileges which in the opinion of the Board will not interfere
12with the use thereof by the District for its primary purposes
13and such easements and permits may contain conditions and
14retain interest therein as may be deemed for the best interest
15of the District by the Board.
16    With respect to any and all leases, easements,
17rights-of-way, privileges, and permits made or granted by the
18Board, the Board may agree upon and collect the rentals,
19charges, and fees that may be deemed for the best interest of
20the District. The rentals, charges, and fees shall be used to
21defray the reasonable expenses of the District and to pay the
22principal of and interest on any revenue bonds issued by the
23District.
 
24    Section 35. Eminent domain. Notwithstanding any other
25provision of this Act, any power granted under this Act to

 

 

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1acquire property by condemnation or eminent domain is subject
2to, and shall be exercised in accordance with, the Eminent
3Domain Act.
 
4    Section 40. Export trading companies. The District is
5authorized and empowered to establish, organize, own, acquire,
6participate in, operate, sell, and transfer export trading
7companies, whether as shareholder, partner, or co-venturer,
8alone or in cooperation with the federal, state, or local
9governmental authorities, federal, state, or national banking
10associations, or any other public or private corporation or
11person. Export trading companies and all of the property
12thereof, wholly or partly owned, directly or indirectly, by the
13District, shall have the same privileges and immunities as
14accorded to the District; and export trading companies may
15borrow money or obtain financial assistance from private
16lenders or federal and state governmental authorities or issue
17general obligation and revenue bonds with the same kinds of
18security, and in accordance with the same procedures,
19restrictions, and privileges applicable when the District
20obtains financial assistance or issues bonds for any of its
21other authorized purposes. Export trading companies may, if
22necessary or desirable, apply for certification under Title II
23or Title III of the Export Trading Company Act of 1982.
 
24    Section 45. Grants, loans, and appropriations. The

 

 

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1District has the power to apply for and accept grants, loans,
2or appropriations from the federal government or any agency or
3instrumentality thereof to be used for any of the purposes of
4the District and to enter into agreements with the federal
5government in relation to those grants, loans, or
6appropriations.
7    The District may petition the administrative, judicial,
8and legislative body of any federal, state, municipal, or local
9authority having jurisdiction in the premises, for the adoption
10and execution of any physical improvement, change in method or
11system of handling freight, warehousing, docking, lightering,
12and transfer of freight, which in the opinion of the District
13is designed to improve the handling of commerce in and through
14the District or improve terminal or transportation facilities
15therein.
 
16    Section 50. Insurance contracts. The District has the power
17to procure and enter into contracts for any type of insurance
18or indemnity against loss or damage to property from any cause,
19including loss of use and occupancy, against death or injury of
20any person, against employers' liability, against any act of
21any member, officer, or employee of the District in the
22performance of the duties of his or her office or employment,
23or any other insurable risk.
 
24    Section 55. Rentals, charges, and fees. With respect to any

 

 

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1and all leases, easements, rights-of-way, privileges, and
2permits made or granted by the Board, the Board may agree upon
3and collect the rentals, charges, and fees that are deemed to
4be in the best interest of the District. Those rentals,
5charges, and fees must be used to defray the reasonable
6expenses of the District and to pay the principal and interest
7upon any revenue bonds issued by the District.
 
8    Section 60. Borrowing money. The District has the
9continuing power to borrow money and issue either general
10obligation bonds after approval by referendum as provided in
11this Act or revenue bonds without referendum approval for the
12purpose of acquiring, constructing, reconstructing, extending,
13or improving terminals, terminal facilities, airfields,
14airports, and port facilities, and for acquiring any property
15and equipment useful for the construction, reconstruction,
16extension, improvement, or operation of its terminals,
17terminal facilities, airfields, airports, and port facilities,
18and for acquiring necessary cash working funds.
19    The District may pursuant to ordinance adopted by the Board
20and without submitting the question to referendum from time to
21time issue and dispose of its interest bearing revenue bonds
22and may also in the same manner from time to time issue and
23dispose of its interest bearing revenue bonds to refund any
24revenue bonds at maturity or pursuant to redemption provisions
25or at any time before maturity with the consent of the holders

 

 

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1thereof.
2    If the Board desires to issue general obligation bonds it
3shall adopt an ordinance specifying the amount of bonds to be
4issued, the purpose for which they will be issued, and the
5maximum rate of interest they will bear which shall not be more
6than that permitted in the Bond Authorization Act. The interest
7may be paid semiannually. The ordinance shall also specify the
8date of maturity which shall not be more than 20 years after
9the date of issuance and shall levy a tax sufficient to
10amortize the bonds. This ordinance shall not be effective until
11it has been submitted to referendum of, and approved by, the
12legal voters of the District. The Board shall certify the
13ordinance and the proposition to the proper election officials,
14who shall submit the proposition to the voters at an election
15in accordance with the general election law. If a majority of
16the vote on the proposition is in favor of the issuance of the
17general obligation bonds, the county clerk shall annually
18extend taxes against all taxable property within the District
19at a rate sufficient to pay the maturing principal and interest
20of these bonds.
21    The proposition shall be in substantially the following
22form:
23        Shall general obligation bonds in the amount of
24    (dollars) be issued by the Ottawa Port District for the
25    (purpose) maturing in no more than (years), bearing not
26    more than (interest)%, and a tax levied to pay the

 

 

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1    principal and interest thereof?
2The election authority must record the votes as "Yes" or "No".
 
3    Section 65. Revenue bonds. All revenue bonds shall be
4payable solely from the revenues or income to be derived from
5the terminals, terminal facilities, airfields, airports, or
6port facilities or any part thereof. The bonds may bear any
7date or dates and may mature at any time or times not exceeding
840 years from their respective dates, all as may be provided in
9the ordinance authorizing their issuance. All bonds, whether
10revenue or general obligation, may bear interest at any rate or
11rates as permitted in the Bond Authorization Act. The interest
12may be paid semiannually. The bonds may be in any form, may
13carry any registration privileges, may be executed in any
14manner, may be payable at any place or places, may be made
15subject to redemption in any manner and upon any terms, with or
16without premium as is stated on the face thereof, may be
17authenticated in any manner and may contain any terms and
18covenants, all as may be provided in the ordinance authorizing
19issuance. The holder or holders of any bonds or interest
20coupons appertaining thereto issued by the District may bring
21civil actions to compel the performance and observance by the
22District or any of its officers, agents, or employees of any
23contract or covenant made by the District with the holders of
24such bonds or interest coupons and to compel the District and
25any of its officers, agents, or employees to perform any duties

 

 

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1required to be performed for the benefit of the holders of any
2such bonds or interest coupons by the provision in the
3ordinance authorizing their issuance, and to enjoin the
4District and any of its officers, agents, or employees from
5taking any action in conflict with any such contract or
6covenant, including the establishment of charges, fees, and
7rates for the use of facilities as provided in this Act.
8    Notwithstanding the form and tenor of any bond, whether
9revenue or general obligation, and in the absence of any
10express recital on the face thereof that it is nonnegotiable,
11all bonds shall be negotiable instruments. Pending the
12preparation and execution of any such bonds, temporary bonds
13may be issued with or without interest coupons as may be
14provided by ordinance.
 
15    Section 70. Issuing bonds. All bonds, whether general
16obligation or revenue, shall be issued and sold by the Board in
17any manner as the Board shall determine. However, if any bonds
18are issued to bear interest at the maximum rate of interest
19allowed by Section 60 or 65, whichever may be applicable, the
20bonds shall be sold for not less than par and accrued interest.
21The selling price of bonds bearing interest at a rate less than
22the maximum allowable interest rate per annum shall be such
23that the interest cost to the District of the money received
24from the bond sale shall not exceed the maximum annual interest
25rate allowed by Section 60 or 65, whichever may be applicable,

 

 

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1computed to absolute maturity of such bonds according to
2standard tables of bond values.
 
3    Section 75. Rates and charges for facilities. Upon the
4issue of any revenue bonds as provided in this Act, the Board
5shall fix and establish rates, charges, and fees for the use of
6facilities acquired, constructed, reconstructed, extended, or
7improved with the proceeds derived from the sale of those
8revenue bonds sufficient at all times with other revenues of
9the District, if any, to pay the following: (i) the cost of
10maintaining, repairing, regulating, and operating the
11facilities and (ii) the bonds and interest thereon as they
12become due, all sinking fund requirements, and other
13requirements provided by the ordinance authorizing the
14issuance of the bonds or as provided by any trust agreement
15executed to secure payment thereof.
16    To secure the payment of any or all revenue bonds and for
17the purpose of setting forth the covenants and undertaking of
18the District in connection with the issuance of revenue bonds
19and the issuance of any additional revenue bonds payable from
20the revenue income to be derived from the terminals, terminal
21facilities, airports, airfields, and port facilities, the
22District may execute and deliver a trust agreement or
23agreements except that no lien upon any physical property of
24the District shall be created thereby. A remedy for any breach
25or default of the terms of any such trust agreement by the

 

 

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1District may be by mandamus proceedings in the circuit court to
2compel performance and compliance therewith, but the trust
3agreement may prescribe by whom or on whose behalf the action
4may be instituted.
 
5    Section 80. Bonds not obligations of the State or district.
6Under no circumstances shall any bonds issued by the District
7or any other obligation of the District be or become an
8indebtedness or obligation of the State of Illinois or of any
9other political subdivision of or municipality within the
10State.
11    No revenue bond shall be or become an indebtedness of the
12District within the purview of any constitutional limitation or
13provision, and it shall be plainly stated on the face of each
14revenue bond that it does not constitute such an indebtedness,
15or obligation but is payable solely from the revenues or income
16derived from terminals, terminal facilities, airports,
17airfields, and port facilities.
 
18    Section 85. Tax levy. The Board may, after referendum
19approval, levy a tax for corporate purposes of the District
20annually at the rate approved by referendum, but the rate shall
21not exceed 0.05% of the value of all taxable property within
22the District as equalized or assessed by the Department of
23Revenue. If the Board desires to levy the tax it shall order
24that the question be submitted at an election to be held within

 

 

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1the District. The Board shall certify its order and the
2question to the proper election officials, who shall submit the
3question to the voters at an election in accordance with the
4general election law. The Board shall cause the result of the
5election to be entered upon the records of the District. If a
6majority of the vote on the question is in favor of the
7proposition, the Board may annually thereafter levy a tax for
8corporate purposes at a rate not to exceed that approved by
9referendum but in no event to exceed 0.05% of the value of all
10taxable property within the District as equalized or assessed
11by the Department of Revenue.
12    The question shall be in substantially the following form:
13        Shall the Ottawa Port District levy a tax for corporate
14    purposes annually at a rate not to exceed 0.05% of the
15    value of taxable property as equalized or assessed by the
16    Department of Revenue?
17The election authority shall record the votes as "Yes" or "No".
 
18    Section 90. Permits. It is unlawful to make any fill or
19deposit of rock, earth, sand, or other material, or any refuse
20matter of any kind or description, or build or commence the
21building of any wharf, pier, dolphin, boom, weir, breakwater,
22bulkhead, jetty, bridge, or other structure over, under, or
23within 40 feet of any navigable waters within the District
24without first submitting the plans, profiles, and
25specifications therefor, and any other data and information as

 

 

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1may be required, to the District and receiving a permit
2therefor; and any person, corporation, company, municipality,
3or other agency, that does any of the things prohibited in this
4Section, without securing a permit, shall be guilty of a Class
5A misdemeanor. No permit shall be required in the case of any
6project for which a permit has been secured from a proper
7governmental agency before the creation of the District nor
8shall any permit be required in the case of any project to be
9undertaken by one or more municipalities located within the
10District for which a permit is required from a governmental
11agency other than the District before the municipality can
12proceed with the project. And in such event, one or more of the
13municipalities shall give at least 10 days' notice to the
14District of the application for a permit for any such project
15from a governmental agency other than the District so that the
16District may be present and represent its position relative to
17the application before the other governmental agency. Any
18structure, fill, or deposit erected or made in any of the
19public bodies of water within the District, in violation of the
20provisions of this Section, is a purpresture and may be abated
21as such at the expense of the person, corporation, company,
22municipality, or other agency responsible therefor, or if, in
23the discretion of the District, it is decided that the
24structure, fill, or deposit may remain, the District may fix
25such rule, regulation, requirement, restriction, or rental or
26require and compel any change, modification, or repair as shall

 

 

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1be necessary to protect the interest of the District.
 
2    Section 95. Board members. The governing and
3administrative body of the District shall be a Board consisting
4of 7 members, to be known as the Ottawa Port District Board.
5All members of the Board shall be residents of the District.
6The members of the Board shall serve without compensation but
7shall be reimbursed for actual expenses incurred by them in the
8performance of their duties. However, any member of the Board
9who is appointed to the office of secretary or treasurer may
10receive compensation for his or her services as such officer.
11No member of the Board or employee of the District shall have
12any private financial interest, profit, or benefit in any
13contract, work, or business of the District nor in the sale or
14lease of any property to or from the District.
 
15    Section 100. Board appointments; terms. The Governor shall
16appoint 4 members of the Board and the Mayor shall appoint 3
17members of the Board. All initial appointments shall be made
18within 60 days after this Act takes effect. Of the 4 members
19initially appointed by the Governor, 2 shall be appointed for
20initial terms expiring January 1, 2017, one for an initial term
21expiring January 1, 2013, and one for an initial term expiring
22January 1, 2012. Of the 3 members initially appointed by the
23Mayor, one shall be appointed for an initial term expiring
24January 1, 2017, one for an initial term expiring January 1,

 

 

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12013, and one for an initial term expiring January 1, 2012. At
2the expiration of the term of any member, his or her successor
3shall be appointed by the Governor or the Mayor, respectively,
4as in the case of appointments for the initial terms.
5    After the expiration of initial terms, each successor shall
6hold office for a term of 3 years beginning the first day of
7January of the year in which the term of office commences. In
8the case of a vacancy during the term of office of any member
9appointed by the Governor, the Governor shall make an
10appointment for the remainder of the term vacant and until a
11successor is appointed and qualified. In case of a vacancy
12during the term of office of any member appointed by the Mayor,
13the Mayor shall make an appointment for the remainder of the
14term vacant and until a successor is appointed and qualified.
15The Governor and Mayor shall certify their respective
16appointments to the Secretary of State. Within 30 days after
17certification of his or her appointment, and before entering
18upon the duties of his or her office, each member of the Board
19shall take and subscribe the constitutional oath of office and
20file it in the office of the Secretary of State.
 
21    Section 105. Resignation and removal of Board members.
22Members of the Board shall hold office until their respective
23successors have been appointed and qualified. Any member may
24resign from his or her office to take effect when his or her
25successor has been appointed and has qualified. The Governor

 

 

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1and Mayor, respectively, may remove any member of the Board
2they have appointed in the case of incompetency, neglect of
3duty, or malfeasance in office. They shall give the member a
4copy of the charges against him or her and an opportunity to be
5publicly heard in person or by counsel in his or her own
6defense upon not less than 10 days' notice. In the case of
7failure to qualify within the time required, or of abandonment
8of his or her office, or in the case of death, conviction of a
9felony, or removal from office, the office of the member shall
10become vacant. Each vacancy shall be filled for the unexpired
11term by appointment in like manner as in case of expiration of
12the term of a member of the Board.
 
13    Section 110. Organization of the Board. As soon as possible
14after the appointment of the initial members, the Board shall
15organize for the transaction of business, select a chairperson
16and a temporary secretary from its own number, and adopt bylaws
17and regulations to govern its proceedings. The initial
18chairperson and successors shall be elected by the Board from
19time to time for the term of his or her office as a member of
20the Board.
 
21    Section 115. Meetings; quorum; approval by chairperson.
22Regular meetings of the Board shall be held at least once in
23each calendar month, the time and place of the meetings to be
24fixed by the Board. Four members of the Board shall constitute

 

 

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1a quorum for the transaction of business. All action of the
2Board shall be by ordinance or resolution and the affirmative
3vote of at least 4 members shall be necessary for the adoption
4of any ordinance or resolution. Before taking effect, all
5ordinances and resolutions shall be approved by the chairperson
6of the Board by signing the ordinance or resolution. If the
7chairperson does not approve of the ordinance or resolution,
8then the chairperson shall return it to the Board with written
9objections at the next regular meeting of the Board after the
10passage of the ordinance or resolution. If the chairperson
11fails to return any ordinance or resolution with his or her
12objections by the time set forth in this Section, then the
13chairperson shall be deemed to have approved the ordinance or
14resolution and it shall take effect accordingly. Upon the
15return of any ordinance or resolution by the chairperson with
16his or her objections, the vote by which the same was passed
17shall be reconsidered by the Board, and if upon reconsideration
18the ordinance or resolution is passed by the affirmative vote
19of at least 5 members, it shall go into effect notwithstanding
20the veto of the chairperson.
21    All ordinances, resolutions, and proceedings of the
22District and all documents and records in its possession shall
23be public records, and open to public inspection, except for
24documents and records as are kept or prepared by the Board for
25use in negotiations, legal actions, or proceedings to which the
26District is a party.
 

 

 

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1    Section 120. Secretary and treasurer; oath and bond. The
2Board shall appoint a secretary and a treasurer, who need not
3be members of the Board, to hold office during the pleasure of
4the Board, and fix their duties and compensation. The secretary
5and treasurer shall be residents of the District. Before
6entering upon the duties of their respective offices, they
7shall take and subscribe the constitutional oath of office, and
8the treasurer shall execute a bond with corporate sureties to
9be approved by the Board. The bond shall be payable to the
10District in whatever penal sum may be directed by the Board
11conditioned upon the faithful performance of the duties of the
12office and the payment of all money received by him or her
13according to law and the orders of the Board. The Board may, at
14any time, require a new bond from the treasurer in any penal
15sum as may then be determined by the Board. The obligation of
16the sureties shall not extend to any loss sustained by the
17insolvency, failure, or closing of any savings and loan
18association or national or State bank wherein the treasurer has
19deposited funds if the bank or savings and loan association has
20been approved by the Board as a depositary for these funds. The
21oaths of office and the treasurer's bond shall be filed in the
22principal office of the District.
 
23    Section 125. Deposits; checks or drafts. All funds
24deposited by the treasurer in any bank or savings and loan

 

 

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1association shall be placed in the name of the District and
2shall be withdrawn or paid out only by check or draft upon the
3bank or savings and loan association, signed by the treasurer
4and countersigned by the chairperson of the Board. Subject to
5prior approval of the designations by a majority of the Board,
6the chairperson may designate any other Board member or any
7officer of the District to affix the signature of the
8chairperson and the treasurer may designate any other officer
9of the District to affix the signature of the treasurer to any
10check or draft for payment of salaries or wages and for payment
11of any other obligation of not more than $2,500.
12    No bank or savings and loan association shall receive
13public funds as permitted by this Section, unless it has
14complied with the requirements established pursuant to Section
156 of the Public Funds Investment Act.
16    In the case any officer whose signature appears upon any
17check or draft issued pursuant to this Act, ceases to hold his
18or her office before the delivery thereof to the payee, his or
19her signature nevertheless shall be valid and sufficient for
20all purposes with the same effect as if he or she had remained
21in office until delivery thereof.
 
22    Section 130. General manager. The Board may appoint a
23general manager who shall be a person of recognized ability and
24business experience to hold office during the pleasure of the
25Board. The general manager shall manage the properties and

 

 

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1business of the District and the employees thereof subject to
2the general control of the Board, shall direct the enforcement
3of all ordinances, resolutions, rules, and regulations of the
4Board, and shall perform any other duties prescribed by the
5Board. The Board may appoint a general attorney and a chief
6engineer, and shall provide for the appointment of other
7officers, attorneys, engineers, consultants, agents, and
8employees as may be necessary. The Board shall define their
9duties and may require bonds of such of them as the Board may
10designate. The general manager, general attorney, chief
11engineer, and all other officers provided for pursuant to this
12Section shall be exempt from taking and subscribing any oath of
13office and shall not be members of the Board. The compensation
14of the general manager, general attorney, chief engineer, and
15all other officers, attorneys, consultants, agents, and
16employees shall be fixed by the Board.
 
17    Section 135. Fines and penalties. The Board has the power
18to pass all ordinances and make all rules and regulations
19proper or necessary, and to carry into effect the powers
20granted to the District, with such fines or penalties as may be
21deemed proper. All fines and penalties shall be imposed by
22ordinances, which shall be published in a newspaper of general
23circulation in the area embraced by the District. No ordinance
24shall take effect until 10 days after its publication.
 

 

 

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1    Section 140. Report and financial statement. Within 60 days
2after the end of each fiscal year, the Board shall prepare and
3print a complete and detailed report and financial statement of
4the operations, assets, and liabilities of the District. A
5reasonably sufficient number of copies of the report shall be
6printed for distribution to persons interested, upon request,
7and a copy of the report shall be filed with the Governor, the
8county clerk, and the presiding officer of the county board of
9LaSalle County. A copy of the report shall be mailed to the
10corporate authorities of each municipality located within the
11District.
 
12    Section 145. Investigations. The Board may investigate
13conditions in which it has an interest within the boundaries of
14the District, the enforcement of its ordinances, rules, and
15regulations, and the action, conduct, and efficiency of all
16officers, agents, and employees of the District. In the conduct
17of such investigations, the Board may hold public hearings on
18its own motion, and shall do so on complaint of any
19municipality within the District. Each member of the Board has
20the power to administer oaths, and the secretary, by order of
21the Board, shall issue subpoenas to secure the attendance and
22testimony of witnesses and the production of books and papers
23relevant to any investigation or to any hearing before the
24Board or any member thereof.
25    Any circuit court of this State, upon application of the

 

 

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1Board, or any member thereof, may in its discretion compel the
2attendance of witnesses, the production of books and papers,
3and the giving of testimony before the Board or before any
4member thereof or any officers' committee appointed by the
5Board, by attachment for contempt or otherwise in the same
6manner as the production of evidence may be compelled before
7the court.
 
8    Section 150. Administrative Review Law. All final
9administrative decisions of the Board shall be subject to
10judicial review pursuant to the provisions of the
11Administrative Review Law, and all amendments and
12modifications thereof, and the rules adopted pursuant thereto.
13The term "administrative decision" is defined as in Section
143-101 of the Code of Civil Procedure.
 
15    Section 155. Records. In the conduct of any investigation
16authorized by Section 145, the District shall, at its expense,
17provide a stenographer to take down all testimony and shall
18preserve a record of the proceedings. The notice of hearing,
19complaint, and all other documents in the nature of pleadings
20and written motions filed in the proceedings, the transcript of
21testimony, and the orders or decision of the Board constitutes
22the record of the proceedings.
23    The District is not required to certify any record or file
24any answer or otherwise appear in any proceeding for judicial

 

 

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1review of an administrative decision unless the party asking
2for review deposits with the clerk of the court the sum of 75
3cents per page of the record representing the costs of
4certification. Failure to make the deposit is grounds for
5dismissal of the action.
 
6    Section 160. Annexation. Territory which is contiguous to
7the District and which is not included within any other port
8district may be annexed to and become a part of the District in
9the manner provided in Section 165 or 170, whichever may be
10applicable.
 
11    Section 165. Petition for annexation. At least 5% of the
12legal voters resident within the limits of the proposed
13addition to the District may petition the circuit court for the
14county in which the major part of the District is situated, to
15cause the question to be submitted to the legal voters of the
16proposed additional territory, whether the proposed additional
17territory shall become a part of the District and assume a
18proportionate share of the general obligation bonded
19indebtedness, if any, of the District. The petition shall be
20addressed to the court and shall contain a definite description
21of the boundaries of the territory to be embraced in the
22proposed addition.
23    Upon filing any petition with the clerk of the court, the
24court shall fix a time and place for a hearing upon the subject

 

 

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1of the petition.
2    Notice shall be given by the court to whom the petition is
3addressed, or by the circuit clerk or sheriff of the county in
4which the petition is made at the order and direction of the
5court, of the time and place of the hearing upon the subject of
6the petition at least 20 days before the hearing by at least
7one publication of the notice in any newspaper of general
8circulation within the area proposed to be annexed, and by
9mailing a copy of the notice to the mayor or president of the
10corporate authorities of all of the municipalities located
11within the District.
12    At the hearing, all persons residing in or owning property
13located within the area proposed to be annexed to the District
14may appear and be heard concerning the sufficiency of the
15petition. If the court finds that the petition does not comply
16with the requirements of the law, then the court shall dismiss
17the petition. If the court finds that the petition is
18sufficient, then the court shall certify the proposition to the
19proper election officials, who shall submit the proposition to
20the voters at an election in accordance with the general
21election law. In addition to the requirements of the general
22election law, the notice of the referendum shall specify the
23purpose of the referendum with a description of the area
24proposed to be annexed to the District.
25    The proposition shall be in substantially the following
26form:

 

 

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1        Shall (description of the territory proposed to be
2    annexed) join the Ottawa Port District?
3The votes shall be recorded as "Yes" or "No".
4    The court shall cause a statement of the result of the
5referendum to be filed in the records of the court.
6    If a majority of the votes cast upon the question of
7annexation to the District are in favor of becoming a part of
8the District, the court shall then enter an order stating that
9the additional territory shall thenceforth be an integral part
10of the Ottawa Port District and subject to all of the benefits
11of service and responsibilities of the District. The circuit
12clerk shall transmit a certified copy of the order to the
13circuit clerk of any other county in which any of the territory
14affected is situated.
 
15    Section 170. Annexation of territory having no legal
16voters. If there is territory contiguous to the District that
17has no legal voters residing therein, a petition to annex the
18territory, signed by all the owners of record of the territory,
19may be filed with the circuit court for the county in which the
20major part of the District is situated. A time and place for a
21hearing on the subject of the petition shall be fixed and
22notice shall be given in the manner provided in Section 165. At
23the hearing, any owner of land in the territory proposed to be
24annexed, the District, and any resident of the District may
25appear and be heard touching on the sufficiency of the

 

 

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1petition. If the court finds that the petition satisfies the
2requirements of this Section, it shall enter an order stating
3that thenceforth the territory shall be an integral part of the
4Ottawa Port District and subject to all of the benefits of
5service and responsibilities, including the assumption of a
6proportionate share of the general obligation bonded
7indebtedness, if any, of the District. The circuit clerk shall
8transmit a certified copy of the order of the court to the
9circuit clerk of any other county in which the annexed
10territory is situated.
 
11    Section 175. Non-applicability. The provisions of the
12Illinois Municipal Code, the Airport Authorities Act, and the
13General County Airport and Landing Field Act, shall not be
14effective within the area of the District insofar as the
15provisions of those Acts conflict with the provisions of this
16Act or grant substantially the same powers to any municipal
17corporation or political subdivision as are granted to the
18District by this Act.
19    The provisions of this Act shall not be considered as
20impairing, altering, modifying, repealing, or superseding any
21of the jurisdiction or powers of the Illinois Commerce
22Commission or of the Department of Natural Resources under the
23Rivers, Lakes, and Streams Act. Nothing in this Act or done
24under its authority shall apply to, restrict, limit, or
25interfere with the use of any terminal facility or port

 

 

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1facility owned or operated by a private person for the storage,
2handling, or transfer of any commodity moving in interstate
3commerce or the use of the land and facilities of a common
4carrier or other public utility and the space above such land
5and facilities in the business of such common carrier or other
6public utility, without approval of the Illinois Commerce
7Commission and without the payment of just compensation to any
8such common carrier or other public utility for damages
9resulting from any such restriction, limitation, or
10interference.
 
11    Section 180. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 185. The Eminent Domain Act is amended by adding
14Section 15-5-46 as follows:
 
15    (735 ILCS 30/15-5-46 new)
16    Sec. 15-5-46. Eminent domain powers in new Acts. The
17following provisions of law may include express grants of the
18power to acquire property by condemnation or eminent domain:
 
19Ottawa Port District Act; Ottawa Port District; for general
20purposes.
 
21    Section 999. Effective date. This Act takes effect upon
22becoming law.