Illinois General Assembly - Full Text of SB0499
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Full Text of SB0499  98th General Assembly



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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 5. The Tri-City Regional Port District Act is
5amended by changing the title of the Act and Sections 1, 2, 3,
64, 6, 7.5, 8, 13, 15, 15.5, 16, 18, 19, 25, 33, and 34 as
8    (70 ILCS 1860/Act title)
9An Act to create the America's Central Tri-City Regional
10Port District (formerly known as the "Tri-City Regional Port
11District Act") and to define its powers and duties.
12    (70 ILCS 1860/1)  (from Ch. 19, par. 284)
13    Sec. 1. This Act shall be known and may be cited as the
14"America's Central Tri-City Regional Port District Act."
15(Source: Laws 1959, p. 71.)
16    (70 ILCS 1860/2)  (from Ch. 19, par. 285)
17    Sec. 2. When used in this Act:
18    "District" or "Port District" means America's Central the
19Tri-City Regional Port District created by this Act.
20    "Terminal" means a public place, station or depot for
21receiving and delivering baggage, mail, freight or express



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1matter and for any combination of such purposes, in connection
2with the transportation of persons and property on water or
3land or in the air.
4    "Terminal facilities" means all land, buildings,
5structures, improvements, equipment and appliances useful in
6the operation of public warehouse, storage and transportation
7facilities and industrial, manufacturing, processing and
8conversion activities for the accommodation of or in connection
9with commerce by water or land or in the air or useful as an aid
10to further the public interest, or constituting an advantage or
11convenience to, the safe landing, taking off and navigation of
12aircraft, or the safe and efficient operation or maintenance of
13a public airport; except that nothing in this definition
14contained shall be interpreted as granting authority to the
15District to acquire, purchase, create, erect or construct a
16bridge across any waterway which serves as a boundary between
17the State of Illinois and any other state.
18    "Port facilities" means all public structures, except
19terminal facilities as defined herein, that are in, over, under
20or adjacent to navigable waters and are necessary for or
21incident to the furtherance of water commerce and includes the
22widening and deepening of slips, harbors and navigable waters.
23    "Aircraft" means any contrivance now known or hereafter
24invented, used or designed for navigation of, or flight in, the
26    "Airport" means any locality, either land or water, which



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1is used or designed for the landing and taking off of aircraft,
2or for the location of runways, landing fields, airdromes,
3hangars, buildings, structures, airport roadways and other
5    "Airport hazard" means any structure, or object of natural
6growth, located on or in the vicinity of an airport, or any use
7of land near an airport which is hazardous to the use of such
8airport for the landing and take-off of aircraft.
9    "Approach" means any path, course or zone defined by an
10ordinance of the District or by other lawful regulation, on the
11ground or in the air, or both, for the use of aircraft in
12landing and taking off from an airport located within the
14    "Commercial aircraft" means any aircraft other than public
15aircraft engaged in the business of transporting persons or
17    "Private aircraft" means any aircraft other than public and
18commercial aircraft.
19    "Public aircraft" means an aircraft used exclusively in the
20governmental service of the United States, or of any state or
21of any public agency, including military and naval aircraft.
22    "Public airport" means an airport owned by a Port District,
23an airport authority or other public agency which is used or is
24intended for use by public, commercial and private aircraft and
25by persons owning, managing, operating or desiring to use,
26inspect or repair any such aircraft or to use any such airport



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1for aeronautical purposes.
2    "Public incinerator" means a facility for the disposal of
3waste by incineration by any means or method for public use,
4including, but not limited to, incineration and disposal of
5industrial wastes.
6    "Public interest" means the protection, furtherance and
7advancement of the general welfare and of public health and
8safety and public necessity and convenience.
9    "Navigable waters" means any public waters which are or can
10be made usable for water commerce.
11    "Governmental agency" means the Federal, State and any
12local governmental body, and any agency or instrumentality,
13corporate or otherwise, thereof.
14    "Person" means any individual, firm, partnership,
15corporation, both domestic and foreign, company, association
16or joint stock association; and includes any trustee, receiver,
17assignee or personal representative thereof.
18    "General obligation bond" means any bond issued by the
19District any part of the principal or interest of which bond is
20to be paid by taxation.
21    "Revenue bond" means any bond issued by the District the
22principal and interest of which bond is payable solely from
23revenues or income derived from terminal, terminal facilities
24or port facilities of the District.
25    "Board" means the America's Central Tri-City Port District



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1    "Governor" means the Governor of the State of Illinois.
2    "Mayor" means the Mayor of the city of Venice, the Mayor of
3the city of Madison or the Mayor of the city of Granite City,
4as the case may require.
5(Source: P.A. 92-643, eff. 1-1-03.)
6    (70 ILCS 1860/3)  (from Ch. 19, par. 286)
7    Sec. 3. There is created a political subdivision, body
8politic, and municipal corporation by the name of America's
9Central the Tri-City Regional Port District embracing the
10following territory in Madison and Jersey Counties County: all
11the territory included within the townships of Granite City,
12Venice, and Nameoki, Chouteau, Wood River, Alton, Godfrey,
13Elsah, and Quarry ; and that part of the township of Chouteau
14which lies south of the Cahokia diversion canal; and all of
15Chouteau and Gaboret Islands. Territory may be annexed to the
16District in the manner hereinafter provided in this Act. The
17District may sue and be sued in its corporate name but
18execution shall not in any case issue against any property of
19the District. It may adopt a common seal and change the same at
20its pleasure.
21(Source: Laws 1959, p. 71.)
22    (70 ILCS 1860/4)  (from Ch. 19, par. 287)
23    Sec. 4. The Port District has the following rights and



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1    1. To issue permits: for the construction of all wharves,
2piers, dolphins, booms, weirs, breakwaters, bulkheads,
3jetties, bridges or other structures of any kind, over, under,
4in, or within 40 feet of any navigable waters within the Port
5District; for the deposit of rock, earth, sand or other
6material, or any matter of any kind or description in such
7waters; except that nothing contained in this paragraph 1 shall
8be construed so that it will be deemed necessary to obtain a
9permit from the District for the erection, operation or
10maintenance of any bridge crossing a waterway which serves as a
11boundary between the State of Illinois and any other State,
12when such erection, operation or maintenance is performed by
13any city within the District;
14    2. To prevent or remove obstructions in navigable waters,
15including the removal of wrecks;
16    3. To locate and establish dock lines and shore or harbor
18    4. To regulate the anchorage, moorage and speed of water
19borne vessels and to establish and enforce regulations for the
20operation of bridges, except nothing contained in this
21paragraph 4 shall be construed to give the District authority
22to regulate the operation of any bridge crossing a waterway
23which serves as a boundary between the State of Illinois and
24any other State, when such operation is performed or to be
25performed by any city within the District;
26    5. To acquire, own, construct, lease for any period not



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1exceeding 99 years, operate and maintain terminals, terminal
2facilities and port facilities, to fix and collect just,
3reasonable, and nondiscriminatory charges for the use of such
4facilities, and, except as provided herein for short term
5financing, to use the charges so collected to defray the
6reasonable expenses of the Port District and to pay the
7principal of and interest on any revenue bonds issued by the
9    6. To acquire, erect, construct, reconstruct, improve,
10maintain, operate and lease in whole or part for any period not
11exceeding 99 years, central office or administrative
12facilities for use by the Port District, any tenant, occupant
13or user of the District facilities, or anyone engaged in
14commerce in the District.
15    7. To sell, assign, pledge or hypothecate in whole or in
16part any contract, lease, income, charges, tolls, rentals or
17fees of the District to provide short term interim financing
18pending the issuance of revenue bonds by the District, provided
19that when such revenue bonds are issued, such contracts,
20leases, income, charges, tolls, rentals or fees shall be used
21to defray the reasonable expenses of the Port District and pay
22the principal of and income on any revenue bonds issued by the
24    8. To acquire, own, construct, lease for any period not
25exceeding 99 years, operate, develop and maintain Port District
26water and sewerage systems including but not limited to pipes,



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1mains, lines, sewers, pumping stations, settling tanks,
2treatment plants, water purification equipment, wells, storage
3facilities and all other equipment, material and facilities
4necessary to such systems, for the use upon payment of a
5reasonable fee as set by the District, of any tenant, occupant
6or user of the District facilities, or anyone engaged in
7commerce in the District, provided that the District shall not
8acquire, own, construct, lease, operate, develop and maintain
9such water and sewerage systems if such services can be
10provided by a public utility or municipal corporation upon
11request of the District, and provided further that if the
12District develops its own water and sewerage systems such
13systems may be sold or disposed of at anytime to any public
14utility or municipal corporation which will continue to service
15the Port District.
16    9. To create, establish, maintain and operate a public
17incinerator for waste disposal by incineration by any means or
18method, for use by municipalities for the disposal of municipal
19wastes and by industries for the disposal of industrial waste;
20and to lease land and said incineration facilities for the
21operation of an incinerator for a term not exceeding 99 years
22and to fix and collect just, reasonable and non-discriminatory
23charges for the use of such incinerating facilities, and to use
24the charges or lease proceeds to defray the reasonable expenses
25of the Port District, and to pay the principal of and interest
26on any revenue bonds issued by the Port District.



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1    10. To locate, establish and maintain a public airport,
2public airports and public airport facilities within its
3corporate limits or within or upon any body of water adjacent
4thereto, and to construct, develop, expand, extend and improve
5any such airport or airport facilities;
6    11. To operate, maintain, manage, lease or sublease for any
7period not exceeding 99 years, and to make and enter into
8contracts for the use, operation or management of, and to
9provide rules and regulations for, the operation, management or
10use of, any public airport or public airport facility;
11    12. To fix, charge and collect reasonable rentals, tolls,
12fees, and charges for the use of any public airport, or any
13part thereof, or any public airport facility;
14    13. To establish, maintain, extend and improve roadways and
15approaches by land, water or air to any such airport and to
16contract or otherwise provide, by condemnation if necessary,
17for the removal of any airport hazard or the removal or
18relocation of all private structures, railways, mains, pipes,
19conduits, wires, poles, and all other facilities and equipment
20which may interfere with the location, expansion, development,
21or improvement of airports or with the safe approach thereto or
22take-off therefrom by aircraft, and to pay the cost of removal
23or relocation; and, subject to the "Airport Zoning Act",
24approved July 17, 1945, as amended, to adopt, administer and
25enforce airport zoning regulations for territory which is
26within its corporate limits or which extends not more than 2



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1miles beyond its corporate limits;
2    14. To restrict the height of any object of natural growth
3or structure or structures within the vicinity of any airport
4or within the lines of an approach to any airport and, when
5necessary, for the reduction in the height of any such existing
6object or structure, to enter into an agreement for such
7reduction or to accomplish same by condemnation;
8    15. To agree with the state or federal governments or with
9any public agency in respect to the removal and relocation of
10any object of natural growth, airport hazard or any structure
11or building within the vicinity of any airport or within an
12approach and which is owned or within the control of such
13government or agency and to pay all or an agreed portion of the
14cost of such removal or relocation;
15    16. For the prevention of accidents, for the furtherance
16and protection of public health, safety and convenience in
17respect to aeronautics, for the protection of property and
18persons within the District from any hazard or nuisance
19resulting from the flight of aircraft, for the prevention of
20interference between, or collision of, aircraft while in flight
21or upon the ground, for the prevention or abatement of
22nuisances in the air or upon the ground or for the extension or
23increase in the usefulness or safety of any public airport or
24public airport facility owned by the District, the District may
25regulate and restrict the flight of aircraft while within or
26above the incorporated territory of the District;



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



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1objects and purposes of this Act;
2    20. To acquire, own, lease, sell or otherwise dispose of
3interests in and to real property and improvements situate
4thereon and in personal property necessary to fulfill the
5purposes of the District;
6    21. To designate the fiscal year for the District;
7    22. To engage in any activity or operation which is
8incidental to and in furtherance of efficient operation to
9accomplish the District's primary purpose;
10    23. To apply to proper authorities of the United States of
11America pursuant to appropriate appropriated Federal Law for
12the right to establish, operate, maintain and lease foreign
13trade zones and sub-zones within the limits of America's
14Central the Tri-City Regional Port District, or its limits as
15approved by the United States Foreign-Trade Zones Board, or
16within the jurisdiction of the United States Customs Service
17Office of the St. Louis Port of Entry and to establish,
18operate, maintain and lease such foreign trade zones and the
20    24. To operate, maintain, manage, lease, or sublease for
21any period not exceeding 99 years any former military base
22owned or leased by the District and within its jurisdictional
23boundaries, to make and enter into any contract for the use,
24operation, or management of any former military base owned or
25leased by the District and located within its jurisdictional
26boundaries, and to provide rules and regulations for the



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1development, redevelopment, and expansion of any former
2military base owned or leased by the District and located
3within its jurisdictional boundaries;
4    25. To locate, establish, re-establish, expand or renew,
5construct or reconstruct, operate, and maintain any facility,
6building, structure, or improvement for a use or a purpose
7consistent with any use or purpose of any former military base
8owned or leased by the District and located within its
9jurisdictional boundaries;
10    26. To acquire, own, sell, convey, construct, lease for any
11period not exceeding 99 years, manage, operate, expand,
12develop, and maintain any telephone system, including, but not
13limited to, all equipment, materials, and facilities necessary
14or incidental to that telephone system, for use, at the option
15of the District and upon payment of a reasonable fee set by the
16District, of any tenant or occupant situated on any former
17military base owned or leased by the District and located
18within its jurisdictional boundaries;
19    27. To cause to be incorporated one or more subsidiary
20business corporations, wholly owned by the District, to own,
21operate, maintain, and manage facilities and services related
22to any telephone system, pursuant to paragraph 26. A subsidiary
23corporation formed pursuant to this paragraph shall (i) be
24deemed a telecommunications carrier, as that term is defined in
25Section 13-202 of the Public Utilities Act, (ii) have the right
26to apply to the Illinois Commerce Commission for a Certificate



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1of Service Authority or a Certificate of Interexchange Service
2Authority, and (iii) have the powers necessary to carry out
3lawful orders of the Illinois Commerce Commission;
4    28. To improve, develop, or redevelop any former military
5base situated within the boundaries of the District, in Madison
6County, Illinois, and acquired by the District from the federal
7government, acting by and through the United States Maritime
8Administration, pursuant to any plan for redevelopment,
9development, or improvement of that military base by the
10District that is approved by the United States Maritime
11Administration under the terms and conditions of conveyance of
12the former military base to the District by the federal
13government; .
14    29. To acquire, erect, construct, maintain and operate
15aquariums, museums, planetariums, climatrons and other
16edifices for the collection and display of objects pertaining
17to natural history or the arts and sciences, or sports
18facilities and to permit the directors or trustees of any
19corporation or society organized for the erection,
20construction, maintenance and operation of an aquarium,
21museum, planetarium, climatrons, sports facilities or other
22such edifice to perform such erection, construction,
23maintenance and operation on or within any property now or
24hereafter owned by or under the control or supervision of the
25District; and to contract with any such directors or trustees
26relative to such acquisition, erection, construction,



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1maintenance and operation and to authorize such directors or
2trustees to charge an admission fee, the proceeds of which
3shall be devoted exclusively to such erection, construction,
4maintenance and operation;
5    30. To acquire, erect, construct, reconstruct, improve,
6maintain and operate one or more, or a combination or
7combinations of, industrial buildings, office buildings,
8residential buildings, buildings to be used as a factory, mill
9shops, processing plants, packaging plants, assembly plants,
10fabricating plants, and buildings to be used as warehouses and
11other storage facilities;
12    31. To cause to be incorporated one or more subsidiary
13business corporations to own, operate, maintain, and manage
14facilities and services related to any terminal, terminal
15facilities, airfields, airports, port facilities, or real
16property of the District, whether as shareholder, partner, or
17co-venturer, alone or in cooperation with federal, state, or
18local governmental authorities or any other public or private
19corporation or person or persons. Such subsidiary business
20corporations and all of the property thereof, wholly or partly
21owned, directly or indirectly, by the District, shall have the
22same privileges and immunities as accorded to the District; and
23subsidiary business corporations may borrow money or obtain
24financial assistance from private lenders or federal and state
25governmental authorities or issue revenue bonds with the same
26kinds of security, and in accordance with the same procedures,



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1restrictions and privileges applicable when the District
2obtains financial assistance or issues bonds for any of its
3other authorized purposes.
4(Source: P.A. 93-874, eff. 8-6-04.)
5    (70 ILCS 1860/6)  (from Ch. 19, par. 289)
6    Sec. 6. The District has power to apply for and accept
7grants, loans, or appropriations from the federal government,
8the State of Illinois, and Madison or Jersey Counties County,
9or any agency or instrumentality thereof to be used for any of
10the purposes of the District and to enter into any agreements
11with the federal, State, and county governments in relation to
12such grants, loans or appropriations.
13    The District may petition any federal, state, municipal, or
14local authority, administrative, judicial and legislative,
15having jurisdiction in the premises, for the adoption and
16execution of any physical improvement, change in method or
17system of handling freight, warehousing, docking, lightering,
18and transfer of freight, which in the opinion of the District
19is designed to improve or better the handling of commerce in
20and through the Port District or improve terminal or
21transportation facilities therein.
22(Source: P.A. 92-643, eff. 1-1-03.)
23    (70 ILCS 1860/7.5)
24    Sec. 7.5. Authorization to borrow moneys. The District's



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1Board may borrow money from any bank or other financial
2institution and may provide appropriate security for that
3borrowing, if the money is repaid within 20 3 years after the
4money is borrowed. "Financial institution" means any bank
5subject to the Illinois Banking Act, any savings and loan
6association subject to the Illinois Savings and Loan Act of
71985, any savings bank subject to the Savings Bank Act, and any
8federally chartered commercial bank or savings and loan
9association organized and operated in this State pursuant to
10the laws of the United States.
11(Source: P.A. 94-562, eff. 1-1-06.)
12    (70 ILCS 1860/8)  (from Ch. 19, par. 291)
13    Sec. 8. The District has the continuing power to borrow
14money and issue either general obligation bonds, after approval
15by referendum as hereinafter provided, or revenue bonds without
16referendum approval for the purpose of acquiring,
17constructing, reconstructing, extending or improving
18terminals, terminal facilities, airfields, airports and port
19facilities, and for acquiring any property and equipment useful
20for the construction, reconstruction, extension, improvement
21or operation of its terminals, terminal facilities, airfields,
22airports and port facilities, and for acquiring necessary
23working cash funds.
24    The District may, pursuant to ordinance adopted by the
25Board and without submitting the question to referendum, from



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1time to time issue and dispose of its interest bearing revenue
2bonds and may also in the same manner from time to time issue
3and dispose of its interest bearing revenue bonds to refund any
4revenue bonds at maturity or pursuant to redemption provisions
5or at any time before maturity with the consent of the holders
7    If the Board desires to issue general obligation bonds it
8shall adopt an ordinance specifying the amount of bonds to be
9issued, the purpose for which they will be issued, the maximum
10rate of interest they will bear which shall not be greater than
11that permitted in "An Act to authorize public corporations to
12issue bonds, other evidences of indebtedness and tax
13anticipation warrants subject to interest rate limitations set
14forth therein", approved May 26, 1970, as now or hereafter
15amended. Such interest may be paid semiannually. The ordinance
16shall also specify the date of maturity which shall not be more
17than 20 years after the date of issuance, and levying a tax
18that will be required to amortize such bonds. This ordinance is
19not effective until it has been submitted to referendum of, and
20approved by, the legal voters of the District. The Board shall
21certify the ordinance and the question to the proper election
22officials, who shall submit the question to the voters at an
23election in accordance with the general election law. If a
24majority of the vote is in favor of the issuance of the general
25obligation bonds the county clerk shall annually extend taxes
26against all taxable property within the District at a rate



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1sufficient to pay the maturing principal and interest of these
3    The question shall be in substantially the following form:
5    Shall general obligation bonds
6    in the amount of $.... be issued            YES
7    by America's Central
8    the Tri-City Regional Port
9    District for the purpose of ....        -------------
10    maturing in not more than .....
11    years, bearing not more than ....%          NO
12    interest, and a tax levied to pay
13    the principal and interest thereof?
15(Source: P.A. 82-902.)
16    (70 ILCS 1860/13)  (from Ch. 19, par. 296)
17    Sec. 13. The Board may, after referendum approval, levy a
18tax for corporate purposes of the District annually at the rate
19approved by referendum, but which rate shall not exceed .05% of
20the value of all taxable property within the Port District as
21equalized or assessed by the Department of Revenue.
22    If the Board desires to levy such a tax it shall order that
23the question be submitted at a referendum to be held within the
24District. The Board shall certify the order and the question to
25the proper election officials, who shall submit the question to



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1the voters at an election in accordance with the general
2election law. The Board shall cause the result of the election
3to be entered upon the records of the Port District. If a
4majority of the vote is in favor of the proposition, the Board
5may thereafter levy a tax for corporate purposes at a rate not
6to exceed that approved by referendum but in no event to exceed
7.05% of the value of all taxable property within the District
8as equalized or assessed by the Department of Revenue.
9    The question shall be in substantially the following form:
11    Shall America's Central
12    the Tri-City Regional
13    Port District levy a tax for                 YES
14    corporate purposes annually at
15    a rate not to exceed ....% of    --------------------
16    the value of taxable property
17    as equalized or assessed by the               NO
18    Department of Revenue?
20(Source: P.A. 81-1489; 81-1509.)
21    (70 ILCS 1860/15)  (from Ch. 19, par. 298)
22    Sec. 15. The governing and administrative body of the Port
23District shall be a Board of Commissioners consisting of 9 7
24members, to be known as the America's Central Tri-City Regional
25Port District Board. All members of the Board shall be



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1residents of the District and shall be known as Commissioners
2of the America's Central Tri-City Regional Port District Board.
3The members of the Board shall serve without compensation but
4shall be reimbursed for actual expenses incurred by them in the
5performance of their duties. However, any Commissioner of the
6Board who is appointed to the office of secretary or treasurer
7may receive compensation for his services as such officer. No
8Commissioner of the Board or employee of the District shall
9have any private financial interest, profit or benefit in any
10contract, work or business of the District nor in the sale or
11lease of any property to or from the District, except to the
12extent allowed under "An Act to prevent fraudulent and corrupt
13practices in the making or accepting of official appointments
14and contracts by public officers", approved April 9, 1872, as
15now or hereafter amended.
16(Source: P.A. 86-681.)
17    (70 ILCS 1860/15.5)
18    Sec. 15.5. A mayor may hold the office of Commissioner of
19America's Central the Tri-City Regional Port District
20simultaneously with the office of mayor. Notwithstanding any
21statute to the contrary, a mayor's acceptance of an appointment
22as a Commissioner of America's Central the Tri-City Regional
23Port District does not terminate or impair the mayor's public
25(Source: P.A. 92-643, eff. 1-1-03.)



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1    (70 ILCS 1860/16)  (from Ch. 19, par. 299)
2    Sec. 16. The Governor shall appoint 6 members of the Board
3and the Mayor of the cities of Venice, Madison and Granite City
4shall each appoint one member of the Board, for a total of 9
5Board members. Within 60 days after the effective date of this
6amendatory Act of the 98th General Assembly, the Governor shall
7appoint 2 members residing in the area north of the Cahokia
8Diversion Canal to represent that area, with one member
9appointed for an initial term expiring May 31, 2016 and one
10member appointed for an initial term expiring May 31, 2017. The
11number of Board members appointed by the Governor from the area
12north of the Cahokia Diversion Canal shall remain at 2 members
13until such time that the gross operating revenues from the area
14north of the Cahokia Diversion Canal exceeds 33% of the Port
15District's total gross operating revenue, as certified by the
16Port District's certified public accountant. When the gross
17operating revenue exceeds this amount, the Governor shall, upon
18the expiration of their term, replace a Board member who
19resides in the area south of the Cahokia Diversion Canal with
20an appointee that resides to the north of the Cahokia Diversion
21Canal, for a total of 3 members who reside in the area north of
22the Cahokia Diversion Canal. When the gross operating revenue
23exceeds 45% of the Port District's total gross operating
24revenue, as certified by the Port District's certified public
25accountant, the Governor shall replace a Board member who



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1resides in the area south of the Cahokia Diversion Canal, upon
2the expiration of their term, with an appointee that resides to
3the north of the Cahokia Diversion Canal, for a total of 4
4members who reside in the area north of the Cahokia Diversion
5Canal. In no case shall there be more than 2 members appointed
6by the Governor from the area to the south or to the north of
7the Cahokia Diversion Canal whose terms expire in the same
8year. At the expiration of the term of any member, the member's
9successor shall be appointed by the Governor or the respective
10Mayor in the same manner as the original appointment. No more
11than 4 members may reside in the area north of the Cahokia
12Diversion Canal. The Governor shall appoint 4 members of the
13Board and each Mayor of the cities of Venice, Madison and
14Granite City shall appoint one member of the Board. All initial
15appointments shall be made within 60 days after this Act takes
16effect. Of the 4 members initially appointed by the Governor 2
17shall be appointed for initial terms expiring June 1, 1960, one
18for an initial term expiring June 1, 1961 and one for an
19initial term expiring June 1, 1962. The terms of the members
20initially appointed by the respective Mayors shall expire June
211, 1962. At the expiration of the term of any member, his
22successor shall be appointed by the Governor or the respective
23Mayors in like manner and with like regard to place of
24residence of the appointee, as in the case of appointments for
25the initial terms.
26    After the expiration of initial terms, each successor shall



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1hold office for the term of 3 years from the first day of June
2of the year in which the term of office commences. In the case
3of a vacancy during the term of office of any member appointed
4by the Governor, the Governor shall make an appointment for the
5remainder of the term vacant and until a successor is appointed
6and qualified. In case of a vacancy during the term of office
7of any member appointed by a Mayor, the proper Mayor shall make
8an appointment for the remainder of the term vacant and until a
9successor is appointed and qualified. The Governor and each
10Mayor shall certify their respective appointments to the
11Secretary of State. Within 30 days after certification of his
12appointment, and before entering upon the duties of his office,
13each member of the Board shall take and subscribe the
14constitutional oath of office and file it in the office of the
15Secretary of State.
16(Source: Laws 1959, p. 71.)
17    (70 ILCS 1860/18)  (from Ch. 19, par. 301)
18    Sec. 18. As soon as possible after the appointment of the
19initial members, the Board shall organize for the transaction
20of business, select a chairman and a temporary secretary from
21its own number, and adopt bylaws and regulations to govern its
22proceedings. The initial chairman and successors shall be
23elected by the Board from time to time for a term of office as
24provided in the District bylaws. However, such term of office
25shall not exceed his term of office as a member of the Board.



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1(Source: Laws 1965, p. 393.)
2    (70 ILCS 1860/19)  (from Ch. 19, par. 302)
3    Sec. 19. Regular meetings of the Board shall be held at
4least once in each calendar month, the time and place of such
5meetings to be fixed by the Board. Five Four members of the
6Board shall constitute a quorum for the transaction of
7business. All action of the Board shall be by ordinance or
8resolution and the affirmative vote of at least 5 4 members
9shall be necessary for the adoption of any ordinance or
10resolution. All such ordinances and resolutions before taking
11effect shall be approved by the chairman of the Board, and if
12he approves thereof he shall sign the same, and such as he does
13not approve he shall return to the Board with his objections
14thereto in writing at the next regular meeting of the Board
15occurring after the passage thereof. But in the case the
16chairman fails to return any ordinance or resolution with his
17objections thereto by the time aforesaid, he shall be deemed to
18have approved the same and it shall take effect accordingly.
19Upon the return of any ordinance or resolution by the chairman
20with his objections, the vote by which the same was passed
21shall be reconsidered by the Board, and if upon such
22reconsideration said ordinance or resolution is passed by the
23affirmative vote of at least 6 5 members, it shall go into
24effect notwithstanding the veto of the chairman. All
25ordinances, resolutions and all proceedings of the District and



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1all documents and records in its possession shall be public
2records, and open to public inspection, except such documents
3and records as are kept or prepared by the Board for use in
4negotiations, legal actions or proceedings to which the
5District is a party.
6(Source: Laws 1959, p. 71.)
7    (70 ILCS 1860/25)  (from Ch. 19, par. 308)
8    Sec. 25. Within 60 days after the end of each fiscal year,
9the Board shall cause to be prepared and printed a complete and
10detailed report and financial statement of the operations and
11assets and liabilities of the Port District. A reasonably
12sufficient number of copies of such report shall be printed for
13distribution to persons interested, upon request, and a copy
14thereof shall be filed with the Governor and the county clerks
15clerk and the presiding officers officer of the county boards
16board of Madison and Jersey Counties County. A copy of such
17report shall be addressed to and mailed to the Mayor and city
18council or president and board of trustees of each municipality
19within the area of the District.
20(Source: Laws 1959, p. 71.)
21    (70 ILCS 1860/33)  (from Ch. 19, par. 316)
22    Sec. 33. At least 5% of the legal voters resident within
23the limits of such proposed addition to the District shall
24petition the circuit court for the county in which the major



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1part of the District is situated, to cause the question to be
2submitted to the legal voters of such proposed additional
3territory, whether such proposed additional territory shall
4become a part of the District and assume a proportionate share
5of the general obligation bonded indebtedness, if any, of the
6District. Such petition shall be addressed to the court and
7shall contain a definite description of the boundaries of the
8territory to be embraced in the proposed addition.
9    Upon filing any such petition with the clerk of the court,
10the court shall fix a time and place for a hearing upon the
11subject of the petition.
12    Notice shall be given by the court to whom the petition is
13addressed, or by the circuit clerk or sheriff of the county in
14which such petition is made at the order and direction of the
15court, of the time and place of the hearing upon the subject of
16the petition at least 20 days prior thereto by at least one
17publication thereof in any newspaper having general
18circulation within the area proposed to be annexed, and by
19mailing a copy of such notice to the mayor or president of the
20board of trustees of all cities, villages and incorporated
21towns within the District.
22    At the hearing all persons residing in or owning property
23situated in the area proposed to be annexed to the District may
24appear and be heard touching upon the sufficiency of the
25petition. If the court finds that the petition does not comply
26with the requirements of the law, the court shall dismiss the



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1petition; but if the court finds that the petition is
2sufficient the court shall enter an appropriate order and the
3clerk of the circuit court shall certify the order and the
4proposition to the proper election officials, who shall submit
5the proposition to the voters at an election in accordance with
6the general election law. In addition to the requirements of
7the general election law the notice of the referendum shall
8specify the purpose of such referendum with a description of
9the area proposed to be annexed to the District.
10    The proposition shall be in substantially the following
13    For joining America's Central
14    the Tri-City Regional Port
15    District and assuming a proportionate
16    share of general obligation bonded
17    indebtedness, if any.
19    Against joining America's Central
20    the Tri-City Regional
21    Port District and assuming a proportionate
22    share of general obligation bonded
23    indebtedness, if any.
25    The court shall cause a statement of the result of such
26election to be filed in the records of the court.



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1    If a majority of the votes cast upon the question of
2annexation to the District are in favor of becoming a part of
3such District, the court shall then enter an order stating that
4such additional territory shall thenceforth be an integral part
5of the America's Central Tri-City Regional Port District and
6subject to all of the benefits of service and responsibilities
7of the District. The circuit clerk shall transmit a certified
8copy of the order to the circuit clerk of any other county in
9which any of the territory affected is situated.
10(Source: P.A. 83-343.)
11    (70 ILCS 1860/34)  (from Ch. 19, par. 317)
12    Sec. 34. If there is territory contiguous to the District
13which has no legal voters residing therein, a petition to annex
14such territory, signed by all the owners of record of such
15territory may be filed with the circuit court for the county in
16which the major part of the District is situated. A time and
17place for a hearing on the subject of the petition shall be
18fixed and notice thereof shall be given in the manner provided
19in Section 33. At such hearing any owner of land in the
20territory proposed to be annexed, the District and any resident
21of the District may appear and be heard touching on the
22sufficiency of the petition. If the court finds that the
23petition satisfies the requirements of this Section it shall
24enter an order stating that thenceforth such territory shall be
25an integral part of the America's Central Tri-City Regional



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1Port District and subject to all of the benefits of service and
2responsibilities, including the assumption of a proportionate
3share of the general obligation bonded indebtedness, if any, of
4the District. The circuit clerk shall transmit a certified copy
5of the order of the court to the circuit clerk of any other
6county in which the annexed territory is situated.
7(Source: Laws 1967, p. 3692.)