Illinois General Assembly - Full Text of HB0740
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Full Text of HB0740  99th General Assembly

HB0740enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB0740 EnrolledLRB099 04545 AWJ 24573 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 Kaskaskia Regional Port District Act is
5amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as
6follows:
 
7    (70 ILCS 1830/1.1)
8    Sec. 1.1. Purpose. The General Assembly declares that the
9main purpose of this Act is to promote industrial, commercial,
10transportation, homeland security, recreation, water supply,
11flood control, and economic activities thereby reducing the
12evils attendant upon unemployment and enhancing the public
13health, safety, and welfare of this State.
14(Source: P.A. 90-785, eff. 1-1-99.)
 
15    (70 ILCS 1830/3)  (from Ch. 19, par. 503)
16    Sec. 3. There is created a political subdivision body
17politic and municipal corporation, named "Kaskaskia Regional
18Port District" embracing all of Monroe and Randolph Counties
19and Freeburg, Millstadt, Smithton, Prairie Du Long, New Athens,
20Marissa, Fayetteville, Engleman, Mascoutah, Shiloh Valley and
21Lenzburg Townships of St. Clair County. The Port District may
22sue and be sued in its corporate name but execution shall not

 

 

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1in any case issue against any property owned by the Port
2District except for Port District property that the Port
3District pledged as collateral to a bank or other financial
4institution to secure a bank loan. It may adopt a common seal
5and change the same at pleasure. The principal office of the
6Port District shall be in the city of Red Bud Chester,
7Illinois.
8    No rights, duties or privileges of such District, or those
9of any person, existing before the change of name shall be
10affected by the change provided by this amendatory Act of 1967.
11All proceedings pending in any court in favor of or against
12such District may continue to final consummation under the name
13in which they were commenced.
14(Source: P.A. 80-1495.)
 
15    (70 ILCS 1830/6)  (from Ch. 19, par. 506)
16    Sec. 6. The Port District has the following functions,
17powers and duties:
18    (a) to study the existing harbor facilities within the area
19of the Port District and to recommend to an appropriate
20governmental agency, including the General Assembly of
21Illinois, such changes and modifications as may from time to
22time be required for continuing development therein and to meet
23changing business and commercial needs;
24    (b) to make an investigation of conditions within the Port
25District and to prepare and adopt a comprehensive plan for the

 

 

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1development of port facilities for the Port District. In
2preparing and recommending changes and modifications in
3existing harbor facilities, or a comprehensive plan for the
4development of such port facilities, as above provided, the
5Port District if it deems desirable may set aside and allocate
6an area or areas, within the lands owned by it, to be leased to
7private parties for industrial, manufacturing, commercial, or
8harbor purposes, where such area or areas in the opinion of the
9Board, are not required for primary purposes in the development
10of harbor and port facilities for the use of public water and
11land transportation, or will not be needed immediately for such
12purposes, and where such leasing in the opinion of the Board
13will aid and promote the development of terminal and port
14facilities;
15    (c) to study and make recommendations to the proper
16authority for the improvement of terminal, lighterage,
17wharfage, warehousing, anchorage, transfer and other
18facilities necessary for the promotion of commerce and the
19interchange of traffic within, to and from the Port District;
20    (d) to study, prepare and recommend by specific proposals
21to the General Assembly of Illinois changes in the jurisdiction
22of the Port District;
23    (e) to petition any federal, state, municipal or local
24authority, administrative, judicial and legislative, having
25jurisdiction in the premises, for the adoption and execution of
26any physical improvement, change in method, system of handling

 

 

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1freight, warehousing, docking, lightering and transfer of
2freight, which in the opinion of the Board are designed to
3improve or better the handling of commerce in and through the
4Port District or improve terminal or transportation facilities
5therein; and .
6    (f) to petition any federal, state, or local authority,
7including administrative, judicial, and legislative branches,
8having jurisdiction for the adoption and execution of any
9physical improvement or operation related to the management of
10fish and wildlife, recreation, water supply, or flood control
11which in the opinion of the Board is for the purpose of
12improving or bettering the quality of life in the Port District
13or add to the diversity of amenities related to that purpose.
14(Source: Laws 1965, p. 1013.)
 
15    (70 ILCS 1830/7.1)  (from Ch. 19, par. 507.1)
16    Sec. 7.1. Additional rights and powers. The Port District
17has the following additional rights and powers:
18    (a) To issue permits for the construction of all wharves,
19piers, dolphins, booms, weirs, breakwaters, bulkheads,
20jetties, bridges or other structures of any kind, over, under,
21in, or within 40 feet of any navigable waters within the Port
22District, for the deposit of rock, earth, sand or other
23material, or any matter of any kind or description in such
24waters;
25    (b) To prevent and remove obstructions in navigable waters,

 

 

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1including the removal of wrecks or vessels; to recover damages,
2including attorney fees, for the removal and clean-up of the
3site or sites and the surrounding or downstream environment;
4these rights and powers shall include, but are not limited to,
5emergency powers to seize wrecks or vessels, remediate damages,
6and provide for the disposition of the wrecks or vessels;
7    (c) To locate and establish dock lines and shore or harbor
8lines;
9    (d) To regulate the anchorage, moorage and speed of water
10borne vessels and to establish and enforce regulations for the
11operation of bridges;
12    (e) To acquire, own, construct, lease, operate and maintain
13terminals, terminal facilities, port facilities,
14transportation equipment facilities, railroads and marinas,
15and airport facilities and systems, and to fix and collect
16just, reasonable, and non-discriminatory charges for use of
17such facilities, equipment and systems. The charges so
18collected shall be used to defray the reasonable expenses of
19the Port District, and to pay the principal of and interest on
20any revenue bonds issued by the Port District;
21    (f) To operate, maintain, manage, lease, sub-lease, and to
22make and enter into contracts for the use, operation or
23management of, and to provide rules and regulations for, the
24operation, management or use of, any public port or public port
25facility;
26    (g) To fix, charge and collect reasonable rentals, tolls,

 

 

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1fees and charges for the use of any public port, or any part
2thereof, or any public port facility;
3    (h) To establish, maintain, expand and improve roadways,
4railroads, and approaches by land, or water, to any such
5terminal, terminal facility and port facilities, and to
6contract or otherwise provide by condemnation, if necessary,
7for the removal of any port, terminal, terminal facilities and
8port facility hazards or the removal or relocation of all
9private structures, railroads, mains, pipes, conduits, wires,
10poles, and all other facilities and equipment which may
11interfere with the location, expansion, development or
12improvement of ports, terminals, terminal facilities and port
13facilities or with the safe approach thereto, or exit or
14takeoff therefrom by vehicles, vessels, barges and other means
15of transportation, and to pay the cost of removal or
16relocation;
17    (i) To police its physical property only and all waterways
18and to exercise police powers in respect thereto or in respect
19to the enforcement of any rule or regulation provided by the
20ordinances of the District and to employ and commission police
21officers and other qualified persons to enforce such rules and
22regulations. A regulatory ordinance of the District adopted
23under any provisions of this Section may provide for a
24suspension or revocation of any rights or privileges within the
25control of the District for a violation of any such regulatory
26ordinance.

 

 

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1    (j) To enter into agreements with the corporate authorities
2or governing body of any other municipal corporation or any
3political subdivision of this State to pay the reasonable
4expense of services furnished by such municipal corporation or
5political subdivision for or on account of income producing
6properties of the District;
7    (k) To enter into contracts dealing in any manner with the
8objects and purposes of this Act;
9    (l) To acquire, own, lease, mortgage, sell, or otherwise
10dispose of interests in and to real property and improvements
11situate thereon and in personal property necessary to fulfill
12the purposes of the District;
13    (m) To designate the fiscal year for the District;
14    (n) To engage in any activity or operation which is
15incidental to and in furtherance of efficient operation to
16accomplish the District's primary purpose;
17    (o) To acquire, erect, construct, maintain and operate
18aquariums, museums, planetariums, climatrons and other
19edifices for the collection and display of objects pertaining
20to natural history or the arts and sciences and to permit the
21directors or trustees of any corporation or society organized
22for the erection, construction, maintenance and operation of an
23aquarium, museum, planetarium, climatron or other such edifice
24to perform such erection, construction, maintenance and
25operation on or within any property now or hereafter owned by
26or under the control or supervision of the District; and to

 

 

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1contract with any such directors or trustees relative to such
2acquisition, erection, construction, maintenance and operation
3and to charge or authorize such directors or trustees to charge
4an admission fee, the proceeds of which shall be devoted
5exclusively to such erection, construction, maintenance and
6operation;
7    (p) To do any act which is enumerated in Section 11-74.1-1
8of the "Illinois Municipal Code", in the same manner and form
9as though the District were a "municipality" as referred to in
10such Section;
11    (q) To acquire, erect, construct, reconstruct, improve,
12maintain and operate one or more, or a combination or
13combinations of, industrial buildings, office buildings,
14buildings to be used as a factory, mill shops, processing
15plants, packaging plants, assembly plants, fabricating plants,
16and buildings to be used as warehouses and other storage
17facilities.
18    (r) To acquire, own, construct, lease or contract for any
19period not exceeding 99 years, operate, develop, and maintain
20Port District water and sewage systems and other utility
21systems and services, including, but not limited to, pipes,
22mains, lines, sewers, pumping stations, settling tanks,
23treatment plants, water purification equipment, wells, storage
24facilities, lines, and all other equipment, material, and
25facilities necessary to those systems, for the use, upon
26payment of reasonable fee set by the District, of any tenant,

 

 

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1occupant, or user of the District facilities or any person
2engaged in commerce in the District; provided that the District
3shall not acquire, own, construct, lease, operate, develop, and
4maintain the systems and services if those systems and services
5can be provided by an investor-owned public utility offering
6electric or gas services. The public utility shall provide the
7District with a written response, within 30 days after
8receiving a written request from the District for those systems
9or services, stating whether it will or will not be able to
10provide the requested systems or services in accordance with
11the Public Utilities Act.
12(Source: P.A. 90-785, eff. 1-1-99.)
 
13    (70 ILCS 1830/14)  (from Ch. 19, par. 514)
14    Sec. 14. The District has power to acquire and accept by
15purchase, lease, gift, grant or otherwise any property and
16rights useful for its purposes and to provide for the
17development of channels, ports, harbors, airports, airfields,
18terminals, port facilities, terminal facilities, trails, and
19other transportation facilities within the Port District
20adequate to serve the needs of commerce within the area served
21by the Port District. The Port District may acquire real or
22personal property or any rights therein in the manner, as near
23as may be, as is provided for the exercise of the right of
24eminent domain under the Eminent Domain Act, except that no
25property owned by any municipality within the Port District

 

 

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1shall be taken or appropriated without first obtaining consent
2of the governing body of such municipality.
3(Source: P.A. 94-1055, eff. 1-1-07.)
 
4    (70 ILCS 1830/20.2)
5    Sec. 20.2. Authorization to borrow moneys. The District's
6Board may borrow money from any bank or other financial
7institution and may provide appropriate security, including
8mortgaging real estate, for that borrowing, if the money is
9repaid within 20 3 years after the money is borrowed.
10"Financial institution" means any bank subject to the Illinois
11Banking Act, any savings and loan association subject to the
12Illinois Savings and Loan Act of 1985, any savings bank subject
13to the Savings Bank Act, and any federally chartered commercial
14bank or savings and loan association organized and operated in
15this State pursuant to the laws of the United States.
16(Source: P.A. 94-562, eff. 1-1-06.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.