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


Sen. William R. Haine

Filed: 3/20/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 499 by replacing
3everything after the enacting clause with the following:
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.)



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1    (70 ILCS 1860/2)  (from Ch. 19, par. 285)
2    Sec. 2. When used in this Act:
3    "District" or "Port District" means America's Central the
4Tri-City Regional Port District created by this Act.
5    "Terminal" means a public place, station or depot for
6receiving and delivering baggage, mail, freight or express
7matter and for any combination of such purposes, in connection
8with the transportation of persons and property on water or
9land or in the air.
10    "Terminal facilities" means all land, buildings,
11structures, improvements, equipment and appliances useful in
12the operation of public warehouse, storage and transportation
13facilities and industrial, manufacturing, processing and
14conversion activities for the accommodation of or in connection
15with commerce by water or land or in the air or useful as an aid
16to further the public interest, or constituting an advantage or
17convenience to, the safe landing, taking off and navigation of
18aircraft, or the safe and efficient operation or maintenance of
19a public airport; except that nothing in this definition
20contained shall be interpreted as granting authority to the
21District to acquire, purchase, create, erect or construct a
22bridge across any waterway which serves as a boundary between
23the State of Illinois and any other state.
24    "Port facilities" means all public structures, except
25terminal facilities as defined herein, that are in, over, under



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1or adjacent to navigable waters and are necessary for or
2incident to the furtherance of water commerce and includes the
3widening and deepening of slips, harbors and navigable waters.
4    "Aircraft" means any contrivance now known or hereafter
5invented, used or designed for navigation of, or flight in, the
7    "Airport" means any locality, either land or water, which
8is used or designed for the landing and taking off of aircraft,
9or for the location of runways, landing fields, airdromes,
10hangars, buildings, structures, airport roadways and other
12    "Airport hazard" means any structure, or object of natural
13growth, located on or in the vicinity of an airport, or any use
14of land near an airport which is hazardous to the use of such
15airport for the landing and take-off of aircraft.
16    "Approach" means any path, course or zone defined by an
17ordinance of the District or by other lawful regulation, on the
18ground or in the air, or both, for the use of aircraft in
19landing and taking off from an airport located within the
21    "Commercial aircraft" means any aircraft other than public
22aircraft engaged in the business of transporting persons or
24    "Private aircraft" means any aircraft other than public and
25commercial aircraft.
26    "Public aircraft" means an aircraft used exclusively in the



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1governmental service of the United States, or of any state or
2of any public agency, including military and naval aircraft.
3    "Public airport" means an airport owned by a Port District,
4an airport authority or other public agency which is used or is
5intended for use by public, commercial and private aircraft and
6by persons owning, managing, operating or desiring to use,
7inspect or repair any such aircraft or to use any such airport
8for aeronautical purposes.
9    "Public incinerator" means a facility for the disposal of
10waste by incineration by any means or method for public use,
11including, but not limited to, incineration and disposal of
12industrial wastes.
13    "Public interest" means the protection, furtherance and
14advancement of the general welfare and of public health and
15safety and public necessity and convenience.
16    "Navigable waters" means any public waters which are or can
17be made usable for water commerce.
18    "Governmental agency" means the Federal, State and any
19local governmental body, and any agency or instrumentality,
20corporate or otherwise, thereof.
21    "Person" means any individual, firm, partnership,
22corporation, both domestic and foreign, company, association
23or joint stock association; and includes any trustee, receiver,
24assignee or personal representative thereof.
25    "General obligation bond" means any bond issued by the
26District any part of the principal or interest of which bond is



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1to be paid by taxation.
2    "Revenue bond" means any bond issued by the District the
3principal and interest of which bond is payable solely from
4revenues or income derived from terminal, terminal facilities
5or port facilities of the District.
6    "Board" means the America's Central Tri-City Port District
8    "Governor" means the Governor of the State of Illinois.
9    "Mayor" means the Mayor of the city of Venice, the Mayor of
10the city of Madison or the Mayor of the city of Granite City,
11as the case may require.
12(Source: P.A. 92-643, eff. 1-1-03.)
13    (70 ILCS 1860/3)  (from Ch. 19, par. 286)
14    Sec. 3. There is created a political subdivision, body
15politic, and municipal corporation by the name of America's
16Central the Tri-City Regional Port District embracing the
17following territory in Madison and Jersey Counties County: all
18the territory included within the townships of Granite City,
19Venice, and Nameoki, Chouteau, Wood River, Alton, Godfrey,
20Elsah, and Quarry ; and that part of the township of Chouteau
21which lies south of the Cahokia diversion canal; and all of
22Chouteau and Gaboret Islands. Territory may be annexed to the
23District in the manner hereinafter provided in this Act. The
24District may sue and be sued in its corporate name but
25execution shall not in any case issue against any property of



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1the District. It may adopt a common seal and change the same at
2its pleasure.
3(Source: Laws 1959, p. 71.)
4    (70 ILCS 1860/4)  (from Ch. 19, par. 287)
5    Sec. 4. The Port District has the following rights and
7    1. To issue permits: for the construction of all wharves,
8piers, dolphins, booms, weirs, breakwaters, bulkheads,
9jetties, bridges or other structures of any kind, over, under,
10in, or within 40 feet of any navigable waters within the Port
11District; for the deposit of rock, earth, sand or other
12material, or any matter of any kind or description in such
13waters; except that nothing contained in this paragraph 1 shall
14be construed so that it will be deemed necessary to obtain a
15permit from the District for the erection, operation or
16maintenance of any bridge crossing a waterway which serves as a
17boundary between the State of Illinois and any other State,
18when such erection, operation or maintenance is performed by
19any city within the District;
20    2. To prevent or remove obstructions in navigable waters,
21including the removal of wrecks;
22    3. To locate and establish dock lines and shore or harbor
24    4. To regulate the anchorage, moorage and speed of water
25borne vessels and to establish and enforce regulations for the



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1operation of bridges, except nothing contained in this
2paragraph 4 shall be construed to give the District authority
3to regulate the operation of any bridge crossing a waterway
4which serves as a boundary between the State of Illinois and
5any other State, when such operation is performed or to be
6performed by any city within the District;
7    5. To acquire, own, construct, lease for any period not
8exceeding 99 years, operate and maintain terminals, terminal
9facilities and port facilities, to fix and collect just,
10reasonable, and nondiscriminatory charges for the use of such
11facilities, and, except as provided herein for short term
12financing, to use the charges so collected to defray the
13reasonable expenses of the Port District and to pay the
14principal of and interest on any revenue bonds issued by the
16    6. To acquire, erect, construct, reconstruct, improve,
17maintain, operate and lease in whole or part for any period not
18exceeding 99 years, central office or administrative
19facilities for use by the Port District, any tenant, occupant
20or user of the District facilities, or anyone engaged in
21commerce in the District.
22    7. To sell, assign, pledge or hypothecate in whole or in
23part any contract, lease, income, charges, tolls, rentals or
24fees of the District to provide short term interim financing
25pending the issuance of revenue bonds by the District, provided
26that when such revenue bonds are issued, such contracts,



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



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1and to lease land and said incineration facilities for the
2operation of an incinerator for a term not exceeding 99 years
3and to fix and collect just, reasonable and non-discriminatory
4charges for the use of such incinerating facilities, and to use
5the charges or lease proceeds to defray the reasonable expenses
6of the Port District, and to pay the principal of and interest
7on any revenue bonds issued by the Port District.
8    10. To locate, establish and maintain a public airport,
9public airports and public airport facilities within its
10corporate limits or within or upon any body of water adjacent
11thereto, and to construct, develop, expand, extend and improve
12any such airport or airport facilities;
13    11. To operate, maintain, manage, lease or sublease for any
14period not exceeding 99 years, and to make and enter into
15contracts for the use, operation or management of, and to
16provide rules and regulations for, the operation, management or
17use of, any public airport or public airport facility;
18    12. To fix, charge and collect reasonable rentals, tolls,
19fees, and charges for the use of any public airport, or any
20part thereof, or any public airport facility;
21    13. To establish, maintain, extend and improve roadways and
22approaches by land, water or air to any such airport and to
23contract or otherwise provide, by condemnation if necessary,
24for the removal of any airport hazard or the removal or
25relocation of all private structures, railways, mains, pipes,
26conduits, wires, poles, and all other facilities and equipment



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1which may interfere with the location, expansion, development,
2or improvement of airports or with the safe approach thereto or
3take-off therefrom by aircraft, and to pay the cost of removal
4or relocation; and, subject to the "Airport Zoning Act",
5approved July 17, 1945, as amended, to adopt, administer and
6enforce airport zoning regulations for territory which is
7within its corporate limits or which extends not more than 2
8miles beyond its corporate limits;
9    14. To restrict the height of any object of natural growth
10or structure or structures within the vicinity of any airport
11or within the lines of an approach to any airport and, when
12necessary, for the reduction in the height of any such existing
13object or structure, to enter into an agreement for such
14reduction or to accomplish same by condemnation;
15    15. To agree with the state or federal governments or with
16any public agency in respect to the removal and relocation of
17any object of natural growth, airport hazard or any structure
18or building within the vicinity of any airport or within an
19approach and which is owned or within the control of such
20government or agency and to pay all or an agreed portion of the
21cost of such removal or relocation;
22    16. For the prevention of accidents, for the furtherance
23and protection of public health, safety and convenience in
24respect to aeronautics, for the protection of property and
25persons within the District from any hazard or nuisance
26resulting from the flight of aircraft, for the prevention of



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1interference between, or collision of, aircraft while in flight
2or upon the ground, for the prevention or abatement of
3nuisances in the air or upon the ground or for the extension or
4increase in the usefulness or safety of any public airport or
5public airport facility owned by the District, the District may
6regulate and restrict the flight of aircraft while within or
7above the incorporated territory of the District;
8    17. To police its physical property only and all waterways
9and to exercise police powers in respect thereto or in respect
10to the enforcement of any rule or regulation provided by the
11ordinances of the District and to employ and commission police
12officers and other qualified persons to enforce the same. The
13use of any such public airport or public airport facility of
14the District shall be subject to the reasonable regulation and
15control of the District and upon such reasonable terms and
16conditions as shall be established by its Board. A regulatory
17ordinance of the District adopted under any provision of this
18Section may provide for a suspension or revocation of any
19rights or privileges within the control of the District for a
20violation of any such regulatory ordinance. Nothing in this
21Section or in other provisions of this Act shall be construed
22to authorize such Board to establish or enforce any regulation
23or rule in respect to aviation, or the operation or maintenance
24of any airport facility within its jurisdiction, which is in
25conflict with any federal or state law or regulation applicable
26to the same subject matter;



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1    18. 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    19. To enter into contracts dealing in any manner with the
8objects and purposes of this Act;
9    20. To acquire, own, lease, sell or otherwise dispose of
10interests in and to real property and improvements situate
11thereon and in personal property necessary to fulfill the
12purposes of the District;
13    21. To designate the fiscal year for the District;
14    22. 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    23. To apply to proper authorities of the United States of
18America pursuant to appropriate appropriated Federal Law for
19the right to establish, operate, maintain and lease foreign
20trade zones and sub-zones within the limits of America's
21Central the Tri-City Regional Port District, or its limits as
22approved by the United States Foreign-Trade Zones Board, or
23within the jurisdiction of the United States Customs Service
24Office of the St. Louis Port of Entry and to establish,
25operate, maintain and lease such foreign trade zones and the



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



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



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1construction, maintenance and operation of an aquarium,
2museum, planetarium, climatrons, sports facilities or other
3such edifice to perform such erection, construction,
4maintenance and operation on or within any property now or
5hereafter owned by or under the control or supervision of the
6District; and to contract with any such directors or trustees
7relative to such acquisition, erection, construction,
8maintenance and operation and to authorize such directors or
9trustees to charge an admission fee, the proceeds of which
10shall be devoted exclusively to such erection, construction,
11maintenance and operation;
12    30. To acquire, erect, construct, reconstruct, improve,
13maintain and operate one or more, or a combination or
14combinations of, industrial buildings, office buildings,
15residential buildings, buildings to be used as a factory, mill
16shops, processing plants, packaging plants, assembly plants,
17fabricating plants, and buildings to be used as warehouses and
18other storage facilities;
19    31. To cause to be incorporated one or more subsidiary
20business corporations to own, operate, maintain, and manage
21facilities and services related to any terminal, terminal
22facilities, airfields, airports, port facilities, or real
23property of the District, whether as shareholder, partner, or
24co-venturer, alone or in cooperation with federal, state, or
25local governmental authorities or any other public or private
26corporation or person or persons. Such subsidiary business



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1corporations and all of the property thereof, wholly or partly
2owned, directly or indirectly, by the District, shall have the
3same privileges and immunities as accorded to the District; and
4subsidiary business corporations may borrow money or obtain
5financial assistance from private lenders or federal and state
6governmental authorities or issue revenue bonds with the same
7kinds of security, and in accordance with the same procedures,
8restrictions and privileges applicable when the District
9obtains financial assistance or issues bonds for any of its
10other authorized purposes.
11(Source: P.A. 93-874, eff. 8-6-04.)
12    (70 ILCS 1860/6)  (from Ch. 19, par. 289)
13    Sec. 6. The District has power to apply for and accept
14grants, loans, or appropriations from the federal government,
15the State of Illinois, and Madison or Jersey Counties County,
16or any agency or instrumentality thereof to be used for any of
17the purposes of the District and to enter into any agreements
18with the federal, State, and county governments in relation to
19such grants, loans or appropriations.
20    The District may petition any federal, state, municipal, or
21local authority, administrative, judicial and legislative,
22having jurisdiction in the premises, for the adoption and
23execution of any physical improvement, change in method or
24system of handling freight, warehousing, docking, lightering,
25and transfer of freight, which in the opinion of the District



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1is designed to improve or better the handling of commerce in
2and through the Port District or improve terminal or
3transportation facilities therein.
4(Source: P.A. 92-643, eff. 1-1-03.)
5    (70 ILCS 1860/7.5)
6    Sec. 7.5. Authorization to borrow moneys. The District's
7Board may borrow money from any bank or other financial
8institution and may provide appropriate security for that
9borrowing, if the money is repaid within 20 3 years after the
10money is borrowed. "Financial institution" means any bank
11subject to the Illinois Banking Act, any savings and loan
12association subject to the Illinois Savings and Loan Act of
131985, any savings bank subject to the Savings Bank Act, and any
14federally chartered commercial bank or savings and loan
15association organized and operated in this State pursuant to
16the laws of the United States.
17(Source: P.A. 94-562, eff. 1-1-06.)
18    (70 ILCS 1860/8)  (from Ch. 19, par. 291)
19    Sec. 8. The District has the continuing power to borrow
20money and issue either general obligation bonds, after approval
21by referendum as hereinafter provided, or revenue bonds without
22referendum approval for the purpose of acquiring,
23constructing, reconstructing, extending or improving
24terminals, terminal facilities, airfields, airports and port



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1facilities, and for acquiring any property and equipment useful
2for the construction, reconstruction, extension, improvement
3or operation of its terminals, terminal facilities, airfields,
4airports and port facilities, and for acquiring necessary
5working cash funds.
6    The District may, pursuant to ordinance adopted by the
7Board and without submitting the question to referendum, from
8time to time issue and dispose of its interest bearing revenue
9bonds and may also in the same manner from time to time issue
10and dispose of its interest bearing revenue bonds to refund any
11revenue bonds at maturity or pursuant to redemption provisions
12or at any time before maturity with the consent of the holders
14    If the Board desires to issue general obligation bonds it
15shall adopt an ordinance specifying the amount of bonds to be
16issued, the purpose for which they will be issued, the maximum
17rate of interest they will bear which shall not be greater than
18that permitted in "An Act to authorize public corporations to
19issue bonds, other evidences of indebtedness and tax
20anticipation warrants subject to interest rate limitations set
21forth therein", approved May 26, 1970, as now or hereafter
22amended. Such interest may be paid semiannually. The ordinance
23shall also specify the date of maturity which shall not be more
24than 20 years after the date of issuance, and levying a tax
25that will be required to amortize such bonds. This ordinance is
26not effective until it has been submitted to referendum of, and



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1approved by, the legal voters of the District. The Board shall
2certify the ordinance and the question to the proper election
3officials, who shall submit the question to the voters at an
4election in accordance with the general election law. If a
5majority of the vote is in favor of the issuance of the general
6obligation bonds the county clerk shall annually extend taxes
7against all taxable property within the District at a rate
8sufficient to pay the maturing principal and interest of these
10    The question shall be in substantially the following form:
12    Shall general obligation bonds
13    in the amount of $.... be issued            YES
14    by America's Central
15    the Tri-City Regional Port
16    District for the purpose of ....        -------------
17    maturing in not more than .....
18    years, bearing not more than ....%          NO
19    interest, and a tax levied to pay
20    the principal and interest thereof?
22(Source: P.A. 82-902.)
23    (70 ILCS 1860/13)  (from Ch. 19, par. 296)
24    Sec. 13. The Board may, after referendum approval, levy a
25tax for corporate purposes of the District annually at the rate



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1approved by referendum, but which rate shall not exceed .05% of
2the value of all taxable property within the Port District as
3equalized or assessed by the Department of Revenue.
4    If the Board desires to levy such a tax it shall order that
5the question be submitted at a referendum to be held within the
6District. The Board shall certify the order and the question to
7the proper election officials, who shall submit the question to
8the voters at an election in accordance with the general
9election law. The Board shall cause the result of the election
10to be entered upon the records of the Port District. If a
11majority of the vote is in favor of the proposition, the Board
12may thereafter levy a tax for corporate purposes at a rate not
13to exceed that approved by referendum but in no event to exceed
14.05% of the value of all taxable property within the District
15as equalized or assessed by the Department of Revenue.
16    The question shall be in substantially the following form:
18    Shall America's Central
19    the Tri-City Regional
20    Port District levy a tax for                 YES
21    corporate purposes annually at
22    a rate not to exceed ....% of    --------------------
23    the value of taxable property
24    as equalized or assessed by the               NO
25    Department of Revenue?



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1(Source: P.A. 81-1489; 81-1509.)
2    (70 ILCS 1860/15)  (from Ch. 19, par. 298)
3    Sec. 15. The governing and administrative body of the Port
4District shall be a Board of Commissioners consisting of 9 7
5members, to be known as the America's Central Tri-City Regional
6Port District Board. All members of the Board shall be
7residents of the District and shall be known as Commissioners
8of the America's Central Tri-City Regional Port District Board.
9The members of the Board shall serve without compensation but
10shall be reimbursed for actual expenses incurred by them in the
11performance of their duties. However, any Commissioner of the
12Board who is appointed to the office of secretary or treasurer
13may receive compensation for his services as such officer. No
14Commissioner of the Board or employee of the District shall
15have any private financial interest, profit or benefit in any
16contract, work or business of the District nor in the sale or
17lease of any property to or from the District, except to the
18extent allowed under "An Act to prevent fraudulent and corrupt
19practices in the making or accepting of official appointments
20and contracts by public officers", approved April 9, 1872, as
21now or hereafter amended.
22(Source: P.A. 86-681.)
23    (70 ILCS 1860/15.5)
24    Sec. 15.5. A mayor may hold the office of Commissioner of



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1America's Central the Tri-City Regional Port District
2simultaneously with the office of mayor. Notwithstanding any
3statute to the contrary, a mayor's acceptance of an appointment
4as a Commissioner of America's Central the Tri-City Regional
5Port District does not terminate or impair the mayor's public
7(Source: P.A. 92-643, eff. 1-1-03.)
8    (70 ILCS 1860/16)  (from Ch. 19, par. 299)
9    Sec. 16. The Governor shall appoint 6 members of the Board
10and the Mayor of the cities of Venice, Madison and Granite City
11shall each appoint one member of the Board, for a total of 9
12Board members. Within 60 days following passage of this
13amendatory Act of the 98th General Assembly, the Governor shall
14appoint 2 members residing in the area north of the Cahokia
15Diversion Canal to represent that area, with one member
16appointed for an initial term expiring May 31, 2016 and one
17member appointed for an initial term expiring May 31, 2017. The
18number of Board members appointed by the Governor from the area
19north of the Cahokia Diversion Canal shall remain at 2 members
20until such time that the gross operating revenues from the area
21north of the Cahokia Diversion Canal exceeds 33% of the Port
22District's total gross operating revenue, as certified by the
23Port District's certified public accountant. When the gross
24operating revenue exceeds this amount, the Governor shall, upon
25the expiration of their term, replace a Board member who



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1resides in the area south of the Cahokia Diversion Canal with
2an appointee that resides to the north of the Cahokia Diversion
3Canal, for a total of 3 members who reside in the area north of
4the Cahokia Diversion Canal. When the gross operating revenue
5exceeds 45% of the Port District's total gross operating
6revenue, as certified by the Port District's certified public
7accountant, the Governor shall replace a Board member who
8resides in the area south of the Cahokia Diversion Canal, upon
9the expiration of their term, with an appointee that resides to
10the north of the Cahokia Diversion Canal, for a total of 4
11members who reside in the area north of the Cahokia Diversion
12Canal. In no case shall there be more than 2 members appointed
13by the Governor from the area to the south or to the north of
14the Cahokia Diversion Canal whose terms expire in the same
15year. At the expiration of the term of any member, the member's
16successor shall be appointed by the Governor or the respective
17Mayor in the same manner as the original appointment. No more
18than 4 members may reside in the area north of the Cahokia
19Diversion Canal. The Governor shall appoint 4 members of the
20Board and each Mayor of the cities of Venice, Madison and
21Granite City shall appoint one member of the Board. All initial
22appointments shall be made within 60 days after this Act takes
23effect. Of the 4 members initially appointed by the Governor 2
24shall be appointed for initial terms expiring June 1, 1960, one
25for an initial term expiring June 1, 1961 and one for an
26initial term expiring June 1, 1962. The terms of the members



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1initially appointed by the respective Mayors shall expire June
21, 1962. At the expiration of the term of any member, his
3successor shall be appointed by the Governor or the respective
4Mayors in like manner and with like regard to place of
5residence of the appointee, as in the case of appointments for
6the initial terms.
7    After the expiration of initial terms, each successor shall
8hold office for the term of 3 years from the first day of June
9of the year in which the term of office commences. In the case
10of a vacancy during the term of office of any member appointed
11by the Governor, the Governor shall make an appointment for the
12remainder of the term vacant and until a successor is appointed
13and qualified. In case of a vacancy during the term of office
14of any member appointed by a Mayor, the proper Mayor shall make
15an appointment for the remainder of the term vacant and until a
16successor is appointed and qualified. The Governor and each
17Mayor shall certify their respective appointments to the
18Secretary of State. Within 30 days after certification of his
19appointment, and before entering upon the duties of his office,
20each member of the Board shall take and subscribe the
21constitutional oath of office and file it in the office of the
22Secretary of State.
23(Source: Laws 1959, p. 71.)
24    (70 ILCS 1860/18)  (from Ch. 19, par. 301)
25    Sec. 18. As soon as possible after the appointment of the



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1initial members, the Board shall organize for the transaction
2of business, select a chairman and a temporary secretary from
3its own number, and adopt bylaws and regulations to govern its
4proceedings. The initial chairman and successors shall be
5elected by the Board from time to time for a term of office as
6provided in the District bylaws. However, such term of office
7shall not exceed his term of office as a member of the Board.
8(Source: Laws 1965, p. 393.)
9    (70 ILCS 1860/19)  (from Ch. 19, par. 302)
10    Sec. 19. Regular meetings of the Board shall be held at
11least once in each calendar month, the time and place of such
12meetings to be fixed by the Board. Five Four members of the
13Board shall constitute a quorum for the transaction of
14business. All action of the Board shall be by ordinance or
15resolution and the affirmative vote of at least 5 4 members
16shall be necessary for the adoption of any ordinance or
17resolution. All such ordinances and resolutions before taking
18effect shall be approved by the chairman of the Board, and if
19he approves thereof he shall sign the same, and such as he does
20not approve he shall return to the Board with his objections
21thereto in writing at the next regular meeting of the Board
22occurring after the passage thereof. But in the case the
23chairman fails to return any ordinance or resolution with his
24objections thereto by the time aforesaid, he shall be deemed to
25have approved the same and it shall take effect accordingly.



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1Upon the return of any ordinance or resolution by the chairman
2with his objections, the vote by which the same was passed
3shall be reconsidered by the Board, and if upon such
4reconsideration said ordinance or resolution is passed by the
5affirmative vote of at least 6 5 members, it shall go into
6effect notwithstanding the veto of the chairman. All
7ordinances, resolutions and all proceedings of the District and
8all documents and records in its possession shall be public
9records, and open to public inspection, except such documents
10and records as are kept or prepared by the Board for use in
11negotiations, legal actions or proceedings to which the
12District is a party.
13(Source: Laws 1959, p. 71.)
14    (70 ILCS 1860/25)  (from Ch. 19, par. 308)
15    Sec. 25. Within 60 days after the end of each fiscal year,
16the Board shall cause to be prepared and printed a complete and
17detailed report and financial statement of the operations and
18assets and liabilities of the Port District. A reasonably
19sufficient number of copies of such report shall be printed for
20distribution to persons interested, upon request, and a copy
21thereof shall be filed with the Governor and the county clerks
22clerk and the presiding officers officer of the county boards
23board of Madison and Jersey Counties County. A copy of such
24report shall be addressed to and mailed to the Mayor and city
25council or president and board of trustees of each municipality



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1within the area of the District.
2(Source: Laws 1959, p. 71.)
3    (70 ILCS 1860/33)  (from Ch. 19, par. 316)
4    Sec. 33. At least 5% of the legal voters resident within
5the limits of such proposed addition to the District shall
6petition the circuit court for the county in which the major
7part of the District is situated, to cause the question to be
8submitted to the legal voters of such proposed additional
9territory, whether such proposed additional territory shall
10become a part of the District and assume a proportionate share
11of the general obligation bonded indebtedness, if any, of the
12District. Such petition shall be addressed to the court and
13shall contain a definite description of the boundaries of the
14territory to be embraced in the proposed addition.
15    Upon filing any such petition with the clerk of the court,
16the court shall fix a time and place for a hearing upon the
17subject of the petition.
18    Notice shall be given by the court to whom the petition is
19addressed, or by the circuit clerk or sheriff of the county in
20which such petition is made at the order and direction of the
21court, of the time and place of the hearing upon the subject of
22the petition at least 20 days prior thereto by at least one
23publication thereof in any newspaper having general
24circulation within the area proposed to be annexed, and by
25mailing a copy of such notice to the mayor or president of the



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1board of trustees of all cities, villages and incorporated
2towns within the District.
3    At the hearing all persons residing in or owning property
4situated in the area proposed to be annexed to the District may
5appear and be heard touching upon the sufficiency of the
6petition. If the court finds that the petition does not comply
7with the requirements of the law, the court shall dismiss the
8petition; but if the court finds that the petition is
9sufficient the court shall enter an appropriate order and the
10clerk of the circuit court shall certify the order and the
11proposition to the proper election officials, who shall submit
12the proposition to the voters at an election in accordance with
13the general election law. In addition to the requirements of
14the general election law the notice of the referendum shall
15specify the purpose of such referendum with a description of
16the area proposed to be annexed to the District.
17    The proposition shall be in substantially the following
20    For joining America's Central
21    the Tri-City Regional Port
22    District and assuming a proportionate
23    share of general obligation bonded
24    indebtedness, if any.
26    Against joining America's Central



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



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1in Section 33. At such hearing any owner of land in the
2territory proposed to be annexed, the District and any resident
3of the District may appear and be heard touching on the
4sufficiency of the petition. If the court finds that the
5petition satisfies the requirements of this Section it shall
6enter an order stating that thenceforth such territory shall be
7an integral part of the America's Central Tri-City Regional
8Port District and subject to all of the benefits of service and
9responsibilities, including the assumption of a proportionate
10share of the general obligation bonded indebtedness, if any, of
11the District. The circuit clerk shall transmit a certified copy
12of the order of the court to the circuit clerk of any other
13county in which the annexed territory is situated.
14(Source: Laws 1967, p. 3692.)".