Illinois General Assembly - Full Text of HB3664
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Full Text of HB3664  99th General Assembly

HB3664enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3664 EnrolledLRB099 09450 AWJ 29657 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 5. The America's Central Port District Act is
5amended by changing Sections 3, 3.1, and 4 as follows:
 
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 Port District embracing the following territory in
10Madison and Jersey Counties: all the territory included within
11the townships of Granite City, Venice, Nameoki, Chouteau, Wood
12River, Alton, Godfrey, and Elsah, and the City of Grafton
13Quarry. Territory may be annexed to the District in the manner
14hereinafter provided in this Act. The District may sue and be
15sued in its corporate name but execution shall not in any case
16issue against any property of the District. It may adopt a
17common seal and change the same at its pleasure.
18(Source: P.A. 98-854, eff. 1-1-15.)
 
19    (70 ILCS 1860/3.1)  (from Ch. 19, par. 286.1)
20    Sec. 3.1. It is declared that the main purpose of this Act
21is to promote economic development, including industrial,
22commercial and transportation activities, thereby reducing the

 

 

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1evils attendant upon unemployment and enhancing the public
2health and welfare of this State.
3    All property of every kind belonging to the Port District
4shall be exempt from taxation, provided that taxes may be
5assessed and levied upon a lessee of the District by reason of
6the value of a leasehold estate separate and apart from the fee
7or upon such improvements as are constructed and owned by
8others than the District. All property of the District shall be
9construed as constituting public property owned by a municipal
10corporation and used exclusively for public purposes within the
11provisions of Section 15-155 of the Property Tax Code.
12(Source: P.A. 88-670, eff. 12-2-94.)
 
13    (70 ILCS 1860/4)  (from Ch. 19, par. 287)
14    Sec. 4. The Port District has the following rights and
15powers:
16        1. To issue permits: for the construction of all
17    wharves, piers, dolphins, booms, weirs, breakwaters,
18    bulkheads, jetties, bridges or other structures of any
19    kind, over, under, in, or within 40 feet of any navigable
20    waters within the Port District; for the deposit of rock,
21    earth, sand or other material, or any matter of any kind or
22    description in such waters; except that nothing contained
23    in this paragraph 1 shall be construed so that it will be
24    deemed necessary to obtain a permit from the District for
25    the erection, operation or maintenance of any bridge

 

 

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1    crossing a waterway which serves as a boundary between the
2    State of Illinois and any other State, when such erection,
3    operation or maintenance is performed by any city within
4    the District;
5        2. To prevent or remove obstructions in navigable
6    waters, including the removal of wrecks;
7        3. To locate and establish dock lines and shore or
8    harbor lines;
9        4. To regulate the anchorage, moorage and speed of
10    water borne vessels and to establish and enforce
11    regulations for the operation of bridges, except nothing
12    contained in this paragraph 4 shall be construed to give
13    the District authority to regulate the operation of any
14    bridge crossing a waterway which serves as a boundary
15    between the State of Illinois and any other State, when
16    such operation is performed or to be performed by any city
17    within the District;
18        5. To acquire, own, construct, lease for any period not
19    exceeding 99 years, operate and maintain terminals,
20    terminal facilities and port facilities, to fix and collect
21    just, reasonable, and nondiscriminatory charges for the
22    use of such facilities, and, except as provided herein for
23    short term financing, to use the charges so collected to
24    defray the reasonable expenses of the Port District and to
25    pay the principal of and interest on any revenue bonds
26    issued by the District;

 

 

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1        6. To acquire, erect, construct, reconstruct, improve,
2    maintain, operate and lease in whole or part for any period
3    not exceeding 99 years, central office or administrative
4    facilities for use by the Port District, any tenant,
5    occupant or user of the District facilities, or anyone
6    engaged in commerce in the District.
7        7. To sell, assign, pledge or hypothecate in whole or
8    in part any contract, lease, income, charges, tolls,
9    rentals or fees of the District to provide short term
10    interim financing pending the issuance of revenue bonds by
11    the District, provided that when such revenue bonds are
12    issued, such contracts, leases, income, charges, tolls,
13    rentals or fees shall be used to defray the reasonable
14    expenses of the Port District and pay the principal of and
15    income on any revenue bonds issued by the District;
16        8. To acquire, own, construct, lease for any period not
17    exceeding 99 years, operate, develop and maintain Port
18    District water and sewerage systems including but not
19    limited to pipes, mains, lines, sewers, pumping stations,
20    settling tanks, treatment plants, water purification
21    equipment, wells, storage facilities and all other
22    equipment, material and facilities necessary to such
23    systems, for the use upon payment of a reasonable fee as
24    set by the District, of any tenant, occupant or user of the
25    District facilities, or anyone engaged in commerce in the
26    District, provided that the District shall not acquire,

 

 

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1    own, construct, lease, operate, develop and maintain such
2    water and sewerage systems if such services can be provided
3    by a public utility or municipal corporation upon request
4    of the District, and provided further that if the District
5    develops its own water and sewerage systems such systems
6    may be sold or disposed of at anytime to any public utility
7    or municipal corporation which will continue to service the
8    Port District.
9        9. To create, establish, maintain and operate a public
10    incinerator for waste disposal by incineration by any means
11    or method, for use by municipalities for the disposal of
12    municipal wastes and by industries for the disposal of
13    industrial waste; and to lease land and said incineration
14    facilities for the operation of an incinerator for a term
15    not exceeding 99 years and to fix and collect just,
16    reasonable and non-discriminatory charges for the use of
17    such incinerating facilities, and to use the charges or
18    lease proceeds to defray the reasonable expenses of the
19    Port District, and to pay the principal of and interest on
20    any revenue bonds issued by the Port District.
21        10. To locate, establish and maintain a public airport,
22    public airports and public airport facilities within its
23    corporate limits or within or upon any body of water
24    adjacent thereto, and to construct, develop, expand,
25    extend and improve any such airport or airport facilities;
26        11. To operate, maintain, manage, lease or sublease for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    contract for the use, operation, or management of any
2    former military base owned or leased by the District and
3    located within its jurisdictional boundaries, and to
4    provide rules and regulations for the development,
5    redevelopment, and expansion of any former military base
6    owned or leased by the District and located within its
7    jurisdictional boundaries;
8        25. To locate, establish, re-establish, expand or
9    renew, construct or reconstruct, operate, and maintain any
10    facility, building, structure, or improvement for a use or
11    a purpose consistent with any use or purpose of any former
12    military base owned or leased by the District and located
13    within its jurisdictional boundaries;
14        26. To acquire, own, sell, convey, construct, lease for
15    any period not exceeding 99 years, manage, operate, expand,
16    develop, and maintain any telephone system, including, but
17    not limited to, all equipment, materials, and facilities
18    necessary or incidental to that telephone system, for use,
19    at the option of the District and upon payment of a
20    reasonable fee set by the District, of any tenant or
21    occupant situated on any former military base owned or
22    leased by the District and located within its
23    jurisdictional boundaries;
24        27. To cause to be incorporated one or more subsidiary
25    business corporations, wholly owned by the District, to
26    own, operate, maintain, and manage facilities and services

 

 

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1    related to any telephone system, pursuant to paragraph 26.
2    A subsidiary corporation formed pursuant to this paragraph
3    shall (i) be deemed a telecommunications carrier, as that
4    term is defined in Section 13-202 of the Public Utilities
5    Act, (ii) have the right to apply to the Illinois Commerce
6    Commission for a Certificate of Service Authority or a
7    Certificate of Interexchange Service Authority, and (iii)
8    have the powers necessary to carry out lawful orders of the
9    Illinois Commerce Commission;
10        28. To improve, develop, or redevelop any former
11    military base situated within the boundaries of the
12    District, in Madison County, Illinois, and acquired by the
13    District from the federal government, acting by and through
14    the United States Maritime Administration, pursuant to any
15    plan for redevelopment, development, or improvement of
16    that military base by the District that is approved by the
17    United States Maritime Administration under the terms and
18    conditions of conveyance of the former military base to the
19    District by the federal government;
20        29. To acquire, erect, construct, maintain and operate
21    aquariums, museums, planetariums, climatrons and other
22    edifices for the collection and display of objects
23    pertaining to natural history or the arts and sciences, or
24    sports facilities and to permit the directors or trustees
25    of any corporation or society organized for the erection,
26    construction, maintenance and operation of an aquarium,

 

 

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1    museum, planetarium, climatrons, sports facilities or
2    other such edifice to perform such erection, construction,
3    maintenance and operation on or within any property now or
4    hereafter owned by or under the control or supervision of
5    the District; and to contract with any such directors or
6    trustees relative to such acquisition, erection,
7    construction, maintenance and operation and to authorize
8    such directors or trustees to charge an admission fee, the
9    proceeds of which shall be devoted exclusively to such
10    erection, construction, maintenance and operation;
11        30. To acquire, erect, construct, reconstruct,
12    improve, maintain and operate one or more, or a combination
13    or combinations of, industrial buildings, office
14    buildings, residential buildings, buildings to be used as a
15    factory, mill shops, processing plants, packaging plants,
16    assembly plants, fabricating plants, and buildings to be
17    used as warehouses and other storage facilities;
18        31. To establish, organize, own, acquire, participate
19    in, operate, sell, and transfer cause to be incorporated
20    one or more subsidiary business entities corporations to
21    own, operate, maintain, and manage facilities and services
22    related to the community and economic development
23    interests of the District, including, but not limited to,
24    any terminal, terminal facilities, airfields, airports,
25    port facilities, or real property of the District, whether
26    as shareholder, partner, or co-venturer, alone or in

 

 

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1    cooperation with federal, state, or local governmental
2    authorities or any other public or private corporation or
3    person or persons. Such subsidiary business entities
4    corporations and all of the property thereof, wholly or
5    partly owned, directly or indirectly, by the District,
6    shall have the same privileges and immunities as accorded
7    to the District; and subsidiary business entities
8    corporations may borrow money or obtain financial
9    assistance from private lenders or federal and state
10    governmental authorities or issue revenue bonds with the
11    same kinds of security, and in accordance with the same
12    procedures, restrictions and privileges applicable when
13    the District obtains financial assistance or issues bonds
14    for any of its other authorized purposes. For purposes of
15    this paragraph, "business entities" means a person,
16    partnership, association, public or private corporation,
17    or similar organization, whether operated for profit or not
18    for profit.
19(Source: P.A. 98-854, eff. 1-1-15.)