Full Text of HB1617 96th General Assembly
HB1617enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Ottawa | 5 | | Port District Act. | 6 | | Section 5. Definitions. As used in this Act, the following | 7 | | terms shall have the following meanings unless a different | 8 | | meaning clearly appears from the context: | 9 | | "Aircraft" means any contrivance now known or hereafter | 10 | | invented, used, or designed for navigation of, or flight in, | 11 | | the air. | 12 | | "Airport" means any locality, either land or water, which | 13 | | is used or designed for the landing and taking off of aircraft, | 14 | | or for the location of runways, landing fields, airdromes, | 15 | | hangars, buildings, structures, airport roadways, and other | 16 | | facilities. | 17 | | "Airport hazard" means any structure, or object of natural | 18 | | growth, located on or in the vicinity of an airport, or any use | 19 | | of land near an airport which is hazardous to the use of that | 20 | | airport for the landing and take off of aircraft. | 21 | | "Approach" means any path, course, or zone defined by an | 22 | | ordinance of the District or by other lawful regulation, on the | 23 | | ground or in the air, or both, for the use of aircraft in |
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| 1 | | landing and taking off from an airport located within the | 2 | | District. | 3 | | "Board" means the Ottawa Port District Board. | 4 | | "Commercial aircraft" means any aircraft other than public | 5 | | aircraft engaged in the business of transporting persons or | 6 | | property. | 7 | | "District" means the Ottawa Port District created by this | 8 | | Act. | 9 | | "Export trading companies" means a person, partnership, | 10 | | association, public or private corporation, or similar | 11 | | organization, whether operated for profit or not-for-profit, | 12 | | which is organized and operated principally for purposes of | 13 | | exporting goods or services produced in the United States, | 14 | | importing goods or services produced in foreign countries, | 15 | | conducting third country trading, or facilitating such trade by | 16 | | providing one or more services in support of such trade. | 17 | | "General obligation bond" means any bond issued by the | 18 | | District any part of the principal or interest of which bond is | 19 | | to be paid by taxation. | 20 | | "Governmental agency" means the federal government, the | 21 | | State, and any unit of local government or school district, and | 22 | | any agency or instrumentality, corporate or otherwise, | 23 | | thereof. | 24 | | "Governor" means the Governor of the State of Illinois. | 25 | | "Mayor" means the Mayor of the City of Ottawa. | 26 | | "Navigable waters" means any public waters which are or can |
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| 1 | | be made usable for water commerce. | 2 | | "Person" means any individual, firm, partnership, | 3 | | corporation, both domestic and foreign, company, association, | 4 | | or joint stock association, and includes
any trustee, receiver, | 5 | | assignee, or personal representative thereof. | 6 | | "Port facilities" means all public and other buildings, | 7 | | structures, works, improvements, and equipment, except | 8 | | terminal facilities as defined in this Section, that are upon, | 9 | | in, over, under, adjacent, or near to navigable waters, | 10 | | harbors, slips, and basins, and are necessary or useful for or | 11 | | incident to the furtherance of water and land commerce and the | 12 | | operation of small boats and pleasure craft and includes the | 13 | | widening and deepening of basins, slips, harbors, and navigable | 14 | | waters. "Port facilities" also means all lands, buildings, | 15 | | structures, improvements, equipment, and appliances located on | 16 | | District property that are used for industrial, manufacturing, | 17 | | commercial, or recreational purposes. | 18 | | "Private aircraft" means any aircraft other than public and | 19 | | commercial aircraft. | 20 | | "Public aircraft" means an aircraft used exclusively in the | 21 | | governmental service of the United States, or of any state or | 22 | | of any public agency, including military and naval aircraft. | 23 | | "Public airport" means an airport owned by a District, an | 24 | | airport authority, or other public agency which is used or is | 25 | | intended for use by public, commercial, and private aircraft | 26 | | and by persons owning, managing, operating, or desiring to use, |
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| 1 | | inspect, or repair any such aircraft or to use any such airport | 2 | | for aeronautical purposes. | 3 | | "Public interest" means the protection, furtherance, and | 4 | | advancement of the general welfare and of public health and | 5 | | safety and public necessity and convenience in respect to | 6 | | aeronautics. | 7 | | "Revenue bond" means any bond issued by the District the | 8 | | principal and interest of which bond is payable solely from | 9 | | revenues or income derived from terminal, terminal facilities, | 10 | | or port facilities of the District. | 11 | | "Terminal" means a public place, station, or depot for | 12 | | receiving and delivering baggage, mail, freight, or express | 13 | | matter and for any combination of those purposes, in connection | 14 | | with the transportation of persons and property on water or | 15 | | land or in the air. | 16 | | "Terminal facilities" means all land, buildings, | 17 | | structures, improvements, equipment, and appliances useful in | 18 | | the operation of public warehouse, storage, and transportation | 19 | | facilities for the accommodation of or in connection with | 20 | | commerce by water or land or in the air or useful as an aid, or | 21 | | constituting an advantage or convenience to, the safe landing, | 22 | | taking off, and navigation of aircraft, or the safe and | 23 | | efficient operation or maintenance of a public airport. | 24 | | Section 10. Ottawa Port District. There is created a | 25 | | political subdivision, body politic, and municipal corporation |
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| 1 | | by the name of the Ottawa Port District embracing the following | 2 | | described territory in LaSalle County, Illinois: the following | 3 | | sections in Township 34 North, Range 3 East of the Third | 4 | | Principal Meridian: 25, 26, 34, 35 and 36; and the following | 5 | | sections in Township 33 North, Range 3 East of the Third | 6 | | Principal Meridian: 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, | 7 | | 17, 18, 19, 20, 21, 22, 23 and 24; and the following sections | 8 | | in Township 33 North, Range 4 East of the Third Principal | 9 | | Meridian: 4, 5, 6, 7, 8, 9, the southwest quarter of section | 10 | | 10, the northwest quarter of section 15 and that portion of | 11 | | section 15 lying north of the Illinois River and South of the | 12 | | Illinois and Michigan Canal, 16, 17 and 18; and the following | 13 | | sections in Township 34 North Range 4 East of the Third | 14 | | Principal Meridian: 20, that portion of section 21 lying west | 15 | | of the Fox River, 28, 29, 30, 31, 32 and 33.
| 16 | | Section 15. Property of District; exemption. All property | 17 | | of every kind owned by the District shall be exempt from | 18 | | taxation. However, a tax may be levied upon a lessee of the | 19 | | District by reason of the value of a leasehold estate separate | 20 | | and apart from the fee simple title or upon any improvements | 21 | | that are constructed and owned by others than the District. | 22 | | All property of the District shall be public grounds owned | 23 | | by a municipal corporation and used exclusively for public | 24 | | purposes within the tax exemption provisions of Sections 15-10, | 25 | | 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 of the |
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| 1 | | Property Tax Code. | 2 | | Section 20. Rights and powers. The District has the | 3 | | following rights and powers: | 4 | | (1) To issue permits for the following purposes: (i) the | 5 | | construction of all wharves, piers, dolphins, booms, weirs, | 6 | | breakwaters, bulkheads, jetties, bridges, or other structures | 7 | | of any kind, over, under, in, or within 40 feet of any | 8 | | navigable waters within the District and (ii) the deposit of | 9 | | rock, earth, sand, or other material, or any matter of any kind | 10 | | or description in the waters. | 11 | | (2) To prevent or remove obstructions in navigable waters, | 12 | | including the removal of wrecks. | 13 | | (3) To locate and establish dock lines and shore or harbor | 14 | | lines. | 15 | | (4) To regulate the anchorage, moorage, and speed of water | 16 | | borne vessels and to establish and enforce regulations for the | 17 | | operation of bridges. | 18 | | (5) To acquire, own, construct, lease, operate, and | 19 | | maintain terminals, terminal facilities, and port facilities, | 20 | | and to fix and collect just, reasonable, and nondiscriminatory | 21 | | charges for the use of those facilities. The charges so | 22 | | collected shall be used to defray the reasonable expenses of | 23 | | the District and to pay the principal of and interest on any | 24 | | revenue bonds issued by the District. | 25 | | (6) To locate, establish, and maintain a public airport, |
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| 1 | | public airports, and public airport facilities within its | 2 | | corporate limits or within or upon any body of water adjacent | 3 | | thereto, and to construct, develop, expand, extend, and improve | 4 | | any such airport or airport facility. | 5 | | (7) To operate, maintain, manage, lease, sublease, and to | 6 | | make and enter into contracts for the use, operation, or | 7 | | management of, and to provide rules and regulations for, the | 8 | | operation, management, or use of, any public airport or public | 9 | | airport facility. | 10 | | (8) To fix, charge, and collect reasonable rentals, tolls, | 11 | | fees, and charges for the use of any public airport, or any | 12 | | part thereof, or any public airport facility. | 13 | | (9) To establish, maintain, extend, and improve roadways | 14 | | and approaches by land, water, or air to any airport and to | 15 | | contract or otherwise provide, by condemnation if necessary, | 16 | | for the removal of any airport hazard or the removal or | 17 | | relocation of all private structures, railways, mains, pipes, | 18 | | conduits, wires, poles, and all other facilities and equipment | 19 | | which may interfere with the location, expansion, development, | 20 | | or improvement of airports or with the safe approach thereto or | 21 | | takeoff therefrom by aircraft, and to pay the cost of removal | 22 | | or relocation; and, subject to the Airport Zoning Act, to | 23 | | adopt, administer, and enforce airport zoning regulations for | 24 | | territory which is within its corporate limits or which extends | 25 | | not more than 2 miles beyond its corporate limits. | 26 | | (10) To restrict the height of any object of natural growth |
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| 1 | | or structure within the vicinity of any airport or within the | 2 | | lines of an approach to any airport and, if necessary, for the | 3 | | reduction in the height of any such existing object or | 4 | | structure, to enter into an agreement for the reduction or to | 5 | | accomplish the same by condemnation. | 6 | | (11) To agree with the State or federal government or with | 7 | | any public agency in respect to the removal and relocation of | 8 | | any object of natural growth, airport hazard, or structure or | 9 | | building within the vicinity of any airport or within an | 10 | | approach and which is owned or within the control of such | 11 | | government or agency and to pay all or an agreed portion of the | 12 | | cost of the removal or relocation. | 13 | | (12) To regulate and restrict the flight of aircraft while | 14 | | within or above the District for the following purposes: (i) | 15 | | the prevention of accidents; (ii) the furtherance and | 16 | | protection of public health, safety, and convenience in respect | 17 | | to aeronautics; (iii) the protection of property and persons | 18 | | within the District from any hazard or nuisance resulting from | 19 | | the flight of aircraft; (iv) the prevention of interference | 20 | | between, or collision of, aircraft while in flight or upon the | 21 | | ground; (v) the prevention or abatement of nuisances in the air | 22 | | or upon the ground; or (vi) the extension of increase in the | 23 | | usefulness or safety of any public airport or public airport | 24 | | facility owned by the District. | 25 | | (13) To police its physical property only and all waterways | 26 | | and to exercise police powers in respect thereto or in respect |
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| 1 | | to the enforcement of any rule or regulation provided by the | 2 | | ordinances of the District and to employ and commission police | 3 | | officers and other qualified persons to enforce the same. The | 4 | | use of any public airport or public airport facility of the | 5 | | District shall be subject to the reasonable regulation and | 6 | | control of the District and upon such reasonable terms and | 7 | | conditions established by its Board. A regulatory ordinance of | 8 | | the District adopted under any provisions of this Section may | 9 | | provide for a suspension or revocation of any rights or | 10 | | privileges within the control of the District for a violation | 11 | | of any such regulatory ordinance. Nothing in this Section or in | 12 | | other provisions of this Act shall be construed to authorize | 13 | | the Board to establish or enforce any regulation or rule in | 14 | | respect to aviation, or the operation or maintenance of any | 15 | | airport facility within its jurisdiction, which is in conflict | 16 | | with any federal or State law or regulation applicable to the | 17 | | same subject matter. | 18 | | (14) To enter into agreements with the corporate | 19 | | authorities or governing body of any other municipal | 20 | | corporation or any political subdivision of this State to pay | 21 | | the reasonable expense of services furnished by the municipal | 22 | | corporation or political subdivision for or on account of | 23 | | income producing properties of the District. | 24 | | (15) To enter into contracts dealing in any manner with the | 25 | | objects and purposes of this Act. | 26 | | (16) To acquire, own, lease, sell, or otherwise dispose of |
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| 1 | | interests in and to real property and improvements situated | 2 | | thereon and in personal property necessary to fulfill the | 3 | | purposes of the District. | 4 | | (17) To designate the fiscal year for the District. | 5 | | (18) To engage in any activity or operation which is | 6 | | incidental to and in furtherance of efficient operation to | 7 | | accomplish the District's primary purpose. | 8 | | (19) To build, construct, repair, and maintain levees. | 9 | | (20) To sue and be sued in its corporate name but execution | 10 | | shall not in any case issue against any property of the | 11 | | District. | 12 | | (21) To adopt a common seal and change the same at | 13 | | pleasure. | 14 | | (22) To annex property as set forth in this Act. | 15 | | Section 25. Prompt payment. Purchases made pursuant to this | 16 | | Act shall be made in compliance with the Local Government | 17 | | Prompt Payment Act. | 18 | | Section 30. Acquisition of property. The District has the | 19 | | power to acquire and accept by purchase, lease, gift, grant, or | 20 | | otherwise any property and rights useful for its purposes and | 21 | | to provide for the development of channels, ports, harbors, | 22 | | airports, airfields, terminals, port facilities, and terminal | 23 | | facilities adequate to serve the needs of commerce within the | 24 | | District. The District may acquire real or personal property or |
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| 1 | | any rights therein in the manner, as near as may be, as is | 2 | | provided for the exercise of the right of eminent domain under | 3 | | the Eminent Domain Act; except that no rights or property of | 4 | | any kind or character now or hereafter owned, leased, | 5 | | controlled, or operated and used by, or necessary for the | 6 | | actual operations of, any common carrier engaged in interstate | 7 | | commerce, or of any other public utility subject to the | 8 | | jurisdiction of the Illinois Commerce Commission, shall be | 9 | | taken or appropriated by the District without first obtaining | 10 | | the approval of the Illinois Commerce Commission. | 11 | | Notwithstanding any provision of this Act to the contrary, the | 12 | | District has the full power and authority to lease any of its | 13 | | facilities for operation and maintenance to any person for a | 14 | | length of time and upon terms as the District shall deem | 15 | | necessary. | 16 | | Also, the District may lease to others for any period of | 17 | | time, not to exceed 99 years, upon terms as its Board may | 18 | | determine, any of its real property, rights-of-way, or | 19 | | privileges, or any interest therein, or any part thereof, for | 20 | | industrial, manufacturing, commercial, or harbor purposes, | 21 | | which is in the opinion of the Board no longer required for its | 22 | | primary purposes in the development of port and harbor | 23 | | facilities for the use of public transportation, or which may | 24 | | not be immediately needed for those purposes, but where such | 25 | | leases will in the opinion of the Board aid and promote those | 26 | | purposes, and in conjunction with such leases, the District may |
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| 1 | | grant rights-of-way and privileges across the property of the | 2 | | District, which rights-of-way and privileges may be assignable | 3 | | and irrevocable during the term of any such lease and may | 4 | | include the right to enter upon the property of the District to | 5 | | do things as may be necessary for the enjoyment of such leases, | 6 | | rights-of-way, and privileges, and such leases may contain | 7 | | conditions and retain interest therein as may be deemed for the | 8 | | best interest of the District by the Board. | 9 | | Also, the District shall have the right to grant easements | 10 | | and permits for the use of any real property, rights-of-way, or | 11 | | privileges which in the opinion of the Board will not interfere | 12 | | with the use thereof by the District for its primary purposes | 13 | | and such easements and permits may contain conditions and | 14 | | retain interest therein as may be deemed for the best interest | 15 | | of the District by the Board. | 16 | | With respect to any and all leases, easements, | 17 | | rights-of-way, privileges, and permits made or granted by the | 18 | | Board, the Board may agree upon and collect the rentals, | 19 | | charges, and fees that may be deemed for the best interest of | 20 | | the District. The rentals, charges, and fees shall be used to | 21 | | defray the reasonable expenses of the District and to pay the | 22 | | principal of and interest on any revenue bonds issued by the | 23 | | District. | 24 | | Section 35. Eminent domain. Notwithstanding any other | 25 | | provision of this Act, any power granted under this Act to |
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| 1 | | acquire property by condemnation or eminent domain is subject | 2 | | to, and shall be exercised in accordance with, the Eminent | 3 | | Domain Act. | 4 | | Section 40. Export trading companies. The District is | 5 | | authorized and empowered to establish, organize, own, acquire, | 6 | | participate in, operate, sell, and transfer export trading | 7 | | companies, whether as shareholder, partner, or co-venturer, | 8 | | alone or in cooperation with the federal, state, or local | 9 | | governmental authorities, federal, state, or national banking | 10 | | associations, or any other public or private corporation or | 11 | | person. Export trading companies and all of the property | 12 | | thereof, wholly or partly owned, directly or indirectly, by the | 13 | | District, shall have the same privileges and immunities as | 14 | | accorded to the District; and export trading companies may | 15 | | borrow money or obtain financial assistance from private | 16 | | lenders or federal and state governmental authorities or issue | 17 | | general obligation and revenue bonds with the same kinds of | 18 | | security, and in accordance with the same procedures, | 19 | | restrictions, and privileges applicable when the District | 20 | | obtains financial assistance or issues bonds for any of its | 21 | | other authorized purposes. Export trading companies may, if | 22 | | necessary or desirable, apply for certification under Title II | 23 | | or Title III of the Export Trading Company Act of 1982. | 24 | | Section 45. Grants, loans, and appropriations. The |
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| 1 | | District has the power to apply for and accept grants, loans, | 2 | | or appropriations from the federal government or any agency or | 3 | | instrumentality thereof to be used for any of the purposes of | 4 | | the District and to enter into agreements with the federal | 5 | | government in relation to those grants, loans, or | 6 | | appropriations. | 7 | | The District may petition the administrative, judicial, | 8 | | and legislative body of any federal, state, municipal, or local | 9 | | authority having jurisdiction in the premises, for the adoption | 10 | | and execution of any physical improvement, change in method or | 11 | | system of handling freight, warehousing, docking, lightering, | 12 | | and transfer of freight, which in the opinion of the District | 13 | | is designed to improve the handling of commerce in and through | 14 | | the District or improve terminal or transportation facilities | 15 | | therein.
| 16 | | Section 50. Insurance contracts. The District has the power | 17 | | to procure and enter into contracts for any type of insurance | 18 | | or indemnity against loss or damage to property from any cause, | 19 | | including loss of use and occupancy, against death or injury of | 20 | | any person, against employers' liability, against any act of | 21 | | any member, officer, or employee of the District in the | 22 | | performance of the duties of his or her office or employment, | 23 | | or any other insurable risk. | 24 | | Section 55. Rentals, charges, and fees. With respect to any |
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| 1 | | and all leases, easements, rights-of-way, privileges, and | 2 | | permits made or granted by the Board, the Board may agree upon | 3 | | and collect the rentals, charges, and fees that are deemed to | 4 | | be in the best interest of the District. Those rentals, | 5 | | charges, and fees must be used to defray the reasonable | 6 | | expenses of the District and to pay the principal and interest | 7 | | upon any revenue bonds issued by the District. | 8 | | Section 60. Borrowing money. The District has the | 9 | | continuing power to borrow money and issue either general | 10 | | obligation bonds after approval by referendum as provided in | 11 | | this Act or revenue bonds without referendum approval for the | 12 | | purpose of acquiring, constructing, reconstructing, extending, | 13 | | or improving terminals, terminal facilities, airfields, | 14 | | airports, and port facilities, and for acquiring any property | 15 | | and equipment useful for the construction, reconstruction, | 16 | | extension, improvement, or operation of its terminals, | 17 | | terminal facilities, airfields, airports, and port facilities, | 18 | | and for acquiring necessary cash working funds. | 19 | | The District may pursuant to ordinance adopted by the Board | 20 | | and without submitting the question to referendum from time to | 21 | | time issue and dispose of its interest bearing revenue bonds | 22 | | and may also in the same manner from time to time issue and | 23 | | dispose of its interest bearing revenue bonds to refund any | 24 | | revenue bonds at maturity or pursuant to redemption provisions | 25 | | or at any time before maturity with the consent of the holders |
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| 1 | | thereof. | 2 | | If the Board desires to issue general obligation bonds it | 3 | | shall adopt an ordinance specifying the amount of bonds to be | 4 | | issued, the purpose for which they will be issued, and the | 5 | | maximum rate of interest they will bear which shall not be more | 6 | | than that permitted in the Bond Authorization Act. The interest | 7 | | may be paid semiannually. The ordinance shall also specify the | 8 | | date of maturity which shall not be more than 20 years after | 9 | | the date of issuance and shall levy a tax sufficient to | 10 | | amortize the bonds. This ordinance shall not be effective until | 11 | | it has been submitted to referendum of, and approved by, the | 12 | | legal voters of the District. The Board shall certify the | 13 | | ordinance and the proposition to the proper election officials, | 14 | | who shall submit the proposition to the voters at an election | 15 | | in accordance with the general election law. If a majority of | 16 | | the vote on the proposition is in favor of the issuance of the | 17 | | general obligation bonds, the county clerk shall annually | 18 | | extend taxes against all taxable property within the District | 19 | | at a rate sufficient to pay the maturing principal and interest | 20 | | of these bonds. | 21 | | The proposition shall be in substantially the following | 22 | | form: | 23 | | Shall general obligation bonds in the amount of | 24 | | (dollars) be issued by the Ottawa Port District for the | 25 | | (purpose) maturing in no more than (years), bearing not | 26 | | more than (interest)%, and a tax levied to pay the |
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| 1 | | principal and interest thereof?
| 2 | | The election authority must record the votes as "Yes" or "No". | 3 | | Section 65. Revenue bonds. All revenue bonds shall be | 4 | | payable solely from the revenues or income to be derived from | 5 | | the terminals, terminal facilities, airfields, airports, or | 6 | | port facilities or any part thereof. The bonds may bear any | 7 | | date or dates and may mature at any time or times not exceeding | 8 | | 40 years from their respective dates, all as may be provided in | 9 | | the ordinance authorizing their issuance. All bonds, whether | 10 | | revenue or general obligation, may bear interest at any rate or | 11 | | rates as permitted in the Bond Authorization Act. The interest | 12 | | may be paid semiannually. The bonds may be in any form, may | 13 | | carry any registration privileges, may be executed in any | 14 | | manner, may be payable at any place or places, may be made | 15 | | subject to redemption in any manner and upon any terms, with or | 16 | | without premium as is stated on the face thereof, may be | 17 | | authenticated in any manner and may contain any terms and | 18 | | covenants, all as may be provided in the ordinance authorizing | 19 | | issuance.
The holder or holders of any bonds or interest | 20 | | coupons appertaining thereto issued by the District may bring | 21 | | civil actions to compel the performance and observance by the | 22 | | District or any of its officers, agents, or employees of any | 23 | | contract or covenant made by the District with the holders of | 24 | | such bonds or interest coupons and to compel the District and | 25 | | any of its officers, agents, or employees to perform any duties |
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| 1 | | required to be performed for the benefit of the holders of any | 2 | | such bonds or interest coupons by the provision in the | 3 | | ordinance authorizing their issuance, and to enjoin the | 4 | | District and any of its officers, agents, or employees from | 5 | | taking any action in conflict with any such contract or | 6 | | covenant, including the establishment of charges, fees, and | 7 | | rates for the use of facilities as provided in this Act. | 8 | | Notwithstanding the form and tenor of any bond, whether | 9 | | revenue or general obligation, and in the absence of any | 10 | | express recital on the face thereof that it is nonnegotiable, | 11 | | all bonds shall be negotiable instruments. Pending the | 12 | | preparation and execution of any such bonds, temporary bonds | 13 | | may be issued with or without interest coupons as may be | 14 | | provided by ordinance.
| 15 | | Section 70. Issuing bonds. All bonds, whether general | 16 | | obligation or revenue, shall be issued and sold by the Board in | 17 | | any manner as the Board shall determine. However, if any bonds | 18 | | are issued to bear interest at the maximum rate of interest | 19 | | allowed by Section 60 or 65, whichever may be applicable, the | 20 | | bonds shall be sold for not less than par and accrued interest. | 21 | | The selling price of bonds bearing interest at a rate less than | 22 | | the maximum allowable interest rate per annum shall be such | 23 | | that the interest cost to the District of the money received | 24 | | from the bond sale shall not exceed the maximum annual interest | 25 | | rate allowed by Section 60 or 65, whichever may be applicable, |
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| 1 | | computed to absolute maturity of such bonds according to | 2 | | standard tables of bond values. | 3 | | Section 75. Rates and charges for facilities. Upon the | 4 | | issue of any revenue bonds as provided in this Act, the Board | 5 | | shall fix and establish rates, charges, and fees for the use of | 6 | | facilities acquired, constructed, reconstructed, extended, or | 7 | | improved with the proceeds derived from the sale of those | 8 | | revenue bonds sufficient at all times with other revenues of | 9 | | the District, if any, to pay the following: (i) the cost of | 10 | | maintaining, repairing, regulating, and operating the | 11 | | facilities and (ii) the bonds and interest thereon as they | 12 | | become due, all sinking fund requirements, and other | 13 | | requirements provided by the ordinance authorizing the | 14 | | issuance of the bonds or as provided by any trust agreement | 15 | | executed to secure payment thereof. | 16 | | To secure the payment of any or all revenue bonds and for | 17 | | the purpose of setting forth the covenants and undertaking of | 18 | | the District in connection with the issuance of revenue bonds | 19 | | and the issuance of any additional revenue bonds payable from | 20 | | the revenue income to be derived from the terminals, terminal | 21 | | facilities, airports, airfields, and port facilities, the | 22 | | District may execute and deliver a trust agreement or | 23 | | agreements except that no lien upon any physical property of | 24 | | the District shall be created thereby. A remedy for any breach | 25 | | or default of the terms of any such trust agreement by the |
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| 1 | | District may be by mandamus proceedings in the circuit court to | 2 | | compel performance and compliance therewith, but the trust | 3 | | agreement may prescribe by whom or on whose behalf the action | 4 | | may be instituted. | 5 | | Section 80. Bonds not obligations of the State or district. | 6 | | Under no circumstances shall any bonds issued by the District | 7 | | or any other obligation of the District be or become an | 8 | | indebtedness or obligation of the State of Illinois or of any | 9 | | other political subdivision of or municipality within the | 10 | | State. | 11 | | No revenue bond shall be or become an indebtedness of the | 12 | | District within the purview of any constitutional limitation or | 13 | | provision, and it shall be plainly stated on the face of each | 14 | | revenue bond that it does not constitute such an indebtedness, | 15 | | or obligation but is payable solely from the revenues or income | 16 | | derived from terminals, terminal facilities, airports, | 17 | | airfields, and port facilities. | 18 | | Section 85. Tax levy. The Board may, after referendum | 19 | | approval, levy a tax for corporate purposes of the District | 20 | | annually at the rate approved by referendum, but the rate shall | 21 | | not exceed 0.05% of the value of all taxable property within | 22 | | the District as equalized or assessed by the Department of | 23 | | Revenue.
If the Board desires to levy the tax it shall order | 24 | | that the question be submitted at an election to be held within |
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| 1 | | the District. The Board shall certify its order and the | 2 | | question to the proper election officials, who shall submit the | 3 | | question to the voters at an election in accordance with the | 4 | | general election law. The Board shall cause the result of the | 5 | | election to be entered upon the records of the District. If a | 6 | | majority of the vote on the question is in favor of the | 7 | | proposition, the Board may annually thereafter levy a tax for | 8 | | corporate purposes at a rate not to exceed that approved by | 9 | | referendum but in no event to exceed 0.05% of the value of all | 10 | | taxable property within the District as equalized or assessed | 11 | | by the Department of Revenue. | 12 | | The question shall be in substantially the following form: | 13 | | Shall the Ottawa Port District levy a tax for corporate | 14 | | purposes annually at a rate not to exceed 0.05% of the | 15 | | value of taxable property as equalized or assessed by the | 16 | | Department of Revenue?
| 17 | | The election authority shall record the votes as "Yes" or "No". | 18 | | Section 90. Permits. It is unlawful to make any fill or | 19 | | deposit of rock, earth, sand, or other material, or any refuse | 20 | | matter of any kind or description, or build or commence the | 21 | | building of any wharf, pier, dolphin, boom, weir, breakwater, | 22 | | bulkhead, jetty, bridge, or other structure over, under, or | 23 | | within 40 feet of any navigable waters within the District | 24 | | without first submitting the plans, profiles, and | 25 | | specifications therefor, and any other data and information as |
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| 1 | | may be required, to the District and receiving a permit | 2 | | therefor; and any person, corporation, company, municipality, | 3 | | or other agency, that does any of the things prohibited in this | 4 | | Section, without securing a permit, shall be guilty of a Class | 5 | | A misdemeanor. No permit shall be required in the case of any | 6 | | project for which a permit has been secured from a proper | 7 | | governmental agency before the creation of the District nor | 8 | | shall any permit be required in the case of any project to be | 9 | | undertaken by one or more municipalities located within the | 10 | | District for which a permit is required from a governmental | 11 | | agency other than the District before the municipality can | 12 | | proceed with the project. And in such event, one or more of the | 13 | | municipalities shall give at least 10 days' notice to the | 14 | | District of the application for a permit for any such project | 15 | | from a governmental agency other than the District so that the | 16 | | District may be present and represent its position relative to | 17 | | the application before the other governmental agency. Any | 18 | | structure, fill, or deposit erected or made in any of the | 19 | | public bodies of water within the District, in violation of the | 20 | | provisions of this Section, is a purpresture and may be abated | 21 | | as such at the expense of the person, corporation, company, | 22 | | municipality, or other agency responsible therefor, or if, in | 23 | | the discretion of the District, it is decided that the | 24 | | structure, fill, or deposit may remain, the District may fix | 25 | | such rule, regulation, requirement, restriction, or rental or | 26 | | require and compel any change, modification, or repair as shall |
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| 1 | | be necessary to protect the interest of the District. | 2 | | Section 95. Board members. The governing and | 3 | | administrative body of the District shall be a Board consisting | 4 | | of 7 members, to be known as the Ottawa Port District Board. | 5 | | All members of the Board shall be residents of the District. | 6 | | The members of the Board shall serve without compensation but | 7 | | shall be reimbursed for actual expenses incurred by them in the | 8 | | performance of their duties. However, any member of the Board | 9 | | who is appointed to the office of secretary or treasurer may | 10 | | receive compensation for his or her services as such officer. | 11 | | No member of the Board or employee of the District shall have | 12 | | any private financial interest, profit, or benefit in any | 13 | | contract, work, or business of the District nor in the sale or | 14 | | lease of any property to or from the District. | 15 | | Section 100. Board appointments; terms. The Governor shall | 16 | | appoint 4 members of the Board and the Mayor shall appoint 3 | 17 | | members of the Board. All initial appointments shall be made | 18 | | within 60 days after this Act takes effect. Of the 4 members | 19 | | initially appointed by the Governor, 2 shall be appointed for | 20 | | initial terms expiring January 1, 2017, one for an initial term | 21 | | expiring January 1, 2013, and one for an initial term expiring | 22 | | January 1, 2012. Of the 3 members initially appointed by the | 23 | | Mayor, one shall be appointed for an initial term expiring | 24 | | January 1, 2017, one for an initial term expiring January 1, |
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| 1 | | 2013, and one for an initial term expiring January 1, 2012. At | 2 | | the expiration of the term of any member, his or her successor | 3 | | shall be appointed by the Governor or the Mayor, respectively, | 4 | | as in the case of appointments for the initial terms. | 5 | | After the expiration of initial terms, each successor shall | 6 | | hold office for a term of 3 years beginning the first day of | 7 | | January of the year in which the term of office commences. In | 8 | | the case of a vacancy during the term of office of any member | 9 | | appointed by the Governor, the Governor shall make an | 10 | | appointment for the remainder of the term vacant and until a | 11 | | successor is appointed and qualified. In case of a vacancy | 12 | | during the term of office of any member appointed by the Mayor, | 13 | | the Mayor shall make an appointment for the remainder of the | 14 | | term vacant and until a successor is appointed and qualified. | 15 | | The Governor and Mayor shall certify their respective | 16 | | appointments to the Secretary of State. Within 30 days after | 17 | | certification of his or her appointment, and before entering | 18 | | upon the duties of his or her office, each member of the Board | 19 | | shall take and subscribe the constitutional oath of office and | 20 | | file it in the office of the Secretary of State. | 21 | | Section 105. Resignation and removal of Board members. | 22 | | Members of the Board shall hold office until their respective | 23 | | successors have been appointed and qualified. Any member may | 24 | | resign from his or her office to take effect when his or her | 25 | | successor has been appointed and has qualified. The Governor |
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| 1 | | and Mayor, respectively, may remove any member of the Board | 2 | | they have appointed in the case of incompetency, neglect of | 3 | | duty, or malfeasance in office. They shall give the member a | 4 | | copy of the charges against him or her and an opportunity to be | 5 | | publicly heard in person or by counsel in his or her own | 6 | | defense upon not less than 10 days' notice. In the case of | 7 | | failure to qualify within the time required, or of abandonment | 8 | | of his or her office, or in the case of death, conviction of a | 9 | | felony, or removal from office, the office of the member shall | 10 | | become vacant. Each vacancy shall be filled for the unexpired | 11 | | term by appointment in like manner as in case of expiration of | 12 | | the term of a member of the Board. | 13 | | Section 110. Organization of the Board. As soon as possible | 14 | | after the appointment of the initial members, the Board shall | 15 | | organize for the transaction of business, select a chairperson | 16 | | and a temporary secretary from its own number, and adopt bylaws | 17 | | and regulations to govern its proceedings. The initial | 18 | | chairperson and successors shall be elected by the Board from | 19 | | time to time for the term of his or her office as a member of | 20 | | the Board. | 21 | | Section 115. Meetings; quorum; approval by chairperson. | 22 | | Regular meetings of the Board shall be held at least once in | 23 | | each calendar month, the time and place of the meetings to be | 24 | | fixed by the Board. Four members of the Board shall constitute |
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| 1 | | a quorum for the transaction of business. All action of the | 2 | | Board shall be by ordinance or resolution and the affirmative | 3 | | vote of at least 4 members shall be necessary for the adoption | 4 | | of any ordinance or resolution. Before taking effect, all | 5 | | ordinances and resolutions shall be approved by the chairperson | 6 | | of the Board by signing the ordinance or resolution. If the | 7 | | chairperson does not approve of the ordinance or resolution, | 8 | | then the chairperson shall return it to the Board with written | 9 | | objections at the next regular meeting of the Board after the | 10 | | passage of the ordinance or resolution. If the chairperson | 11 | | fails to return any ordinance or resolution with his or her | 12 | | objections by the time set forth in this Section, then the | 13 | | chairperson shall be deemed to have approved the ordinance or | 14 | | resolution and it shall take effect accordingly. Upon the | 15 | | return of any ordinance or resolution by the chairperson with | 16 | | his or her objections, the vote by which the same was passed | 17 | | shall be reconsidered by the Board, and if upon reconsideration | 18 | | the ordinance or resolution is passed by the affirmative vote | 19 | | of at least 5 members, it shall go into effect notwithstanding | 20 | | the veto of the chairperson. | 21 | | All ordinances, resolutions, and proceedings of the | 22 | | District and all documents and records in its possession shall | 23 | | be public records, and open to public inspection, except for | 24 | | documents and records as are kept or prepared by the Board for | 25 | | use in negotiations, legal actions, or proceedings to which the | 26 | | District is a party. |
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| 1 | | Section 120. Secretary and treasurer; oath and bond. The | 2 | | Board shall appoint a secretary and a treasurer, who need not | 3 | | be members of the Board, to hold office during the pleasure of | 4 | | the Board, and fix their duties and compensation. The secretary | 5 | | and treasurer shall be residents of the District. Before | 6 | | entering upon the duties of their respective offices, they | 7 | | shall take and subscribe the constitutional oath of office, and | 8 | | the treasurer shall execute a bond with corporate sureties to | 9 | | be approved by the Board. The bond shall be payable to the | 10 | | District in whatever penal sum may be directed by the Board | 11 | | conditioned upon the faithful performance of the duties of the | 12 | | office and the payment of all money received by him or her | 13 | | according to law and the orders of the Board. The Board may, at | 14 | | any time, require a new bond from the treasurer in any penal | 15 | | sum as may then be determined by the Board. The obligation of | 16 | | the sureties shall not extend to any loss sustained by the | 17 | | insolvency, failure, or closing of any savings and loan | 18 | | association or national or State bank wherein the treasurer has | 19 | | deposited funds if the bank or savings and loan association has | 20 | | been approved by the Board as a depositary for these funds. The | 21 | | oaths of office and the treasurer's bond shall be filed in the | 22 | | principal office of the District. | 23 | | Section 125. Deposits; checks or drafts. All funds | 24 | | deposited by the treasurer in any bank or savings and loan |
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| 1 | | association shall be placed in the name of the District and | 2 | | shall be withdrawn or paid out only by check or draft upon the | 3 | | bank or savings and loan association, signed by the treasurer | 4 | | and countersigned by the chairperson of the Board. Subject to | 5 | | prior approval of the designations by a majority of the Board, | 6 | | the chairperson may designate any other Board member or any | 7 | | officer of the District to affix the signature of the | 8 | | chairperson and the treasurer may designate any other officer | 9 | | of the District to affix the signature of the treasurer to any | 10 | | check or draft for payment of salaries or wages and for payment | 11 | | of any other obligation of not more than $2,500. | 12 | | No bank or savings and loan association shall receive | 13 | | public funds as permitted by this Section, unless it has | 14 | | complied with the requirements established pursuant to Section | 15 | | 6 of the Public Funds Investment Act. | 16 | | In the case any officer whose signature appears upon any | 17 | | check or draft issued pursuant to this Act, ceases to hold his | 18 | | or her office before the delivery thereof to the payee, his or | 19 | | her signature nevertheless shall be valid and sufficient for | 20 | | all purposes with the same effect as if he or she had remained | 21 | | in office until delivery thereof. | 22 | | Section 130. General manager. The Board may appoint a | 23 | | general manager who shall be a person of recognized ability and | 24 | | business experience to hold office during the pleasure of the | 25 | | Board. The general manager shall manage the properties and |
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| 1 | | business of the District and the employees thereof subject to | 2 | | the general control of the Board, shall direct the enforcement | 3 | | of all ordinances, resolutions, rules, and regulations of the | 4 | | Board, and shall perform any other duties prescribed by the | 5 | | Board. The Board may appoint a general attorney and a chief | 6 | | engineer, and shall provide for the appointment of other | 7 | | officers, attorneys, engineers, consultants, agents, and | 8 | | employees as may be necessary. The Board shall define their | 9 | | duties and may require bonds of such of them as the Board may | 10 | | designate. The general manager, general attorney, chief | 11 | | engineer, and all other officers provided for pursuant to this | 12 | | Section shall be exempt from taking and subscribing any oath of | 13 | | office and shall not be members of the Board. The compensation | 14 | | of the general manager, general attorney, chief engineer, and | 15 | | all other officers, attorneys, consultants, agents, and | 16 | | employees shall be fixed by the Board. | 17 | | Section 135. Fines and penalties. The Board has the power | 18 | | to pass all ordinances and make all rules and regulations | 19 | | proper or necessary, and to carry into effect the powers | 20 | | granted to the District, with such fines or penalties as may be | 21 | | deemed proper. All fines and penalties shall be imposed by | 22 | | ordinances, which shall be published in a newspaper of general | 23 | | circulation in the area embraced by the District. No ordinance | 24 | | shall take effect until 10 days after its publication. |
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| 1 | | Section 140. Report and financial statement. Within 60 days | 2 | | after the end of each fiscal year, the Board shall prepare and | 3 | | print a complete and detailed report and financial statement of | 4 | | the operations, assets, and liabilities of the District. A | 5 | | reasonably sufficient number of copies of the report shall be | 6 | | printed for distribution to persons interested, upon request, | 7 | | and a copy of the report shall be filed with the Governor, the | 8 | | county clerk, and the presiding officer of the county board of | 9 | | LaSalle County. A copy of the report shall be mailed to the | 10 | | corporate authorities of each municipality located within the | 11 | | District. | 12 | | Section 145. Investigations. The Board may investigate | 13 | | conditions in which it has an interest within the boundaries of | 14 | | the District, the enforcement of its ordinances, rules, and | 15 | | regulations, and the action, conduct, and efficiency of all | 16 | | officers, agents, and employees of the District. In the conduct | 17 | | of such investigations, the Board may hold public hearings on | 18 | | its own motion, and shall do so on complaint of any | 19 | | municipality within the District. Each member of the Board has | 20 | | the power to administer oaths, and the secretary, by order of | 21 | | the Board, shall issue subpoenas to secure the attendance and | 22 | | testimony of witnesses and the production of books and papers | 23 | | relevant to any investigation or to any hearing before the | 24 | | Board or any member thereof. | 25 | | Any circuit court of this State, upon application of the |
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| 1 | | Board, or any member thereof, may in its discretion compel the | 2 | | attendance of witnesses, the production of books and papers, | 3 | | and the giving of testimony before the Board or before any | 4 | | member thereof or any officers' committee appointed by the | 5 | | Board, by attachment for contempt or otherwise in the same | 6 | | manner as the production of evidence may be compelled before | 7 | | the court. | 8 | | Section 150. Administrative Review Law. All final | 9 | | administrative decisions of the Board shall be subject to | 10 | | judicial review pursuant to the provisions of the | 11 | | Administrative Review Law, and all amendments and | 12 | | modifications thereof, and the rules adopted pursuant thereto. | 13 | | The term "administrative decision" is defined as in Section | 14 | | 3-101 of the Code of Civil Procedure. | 15 | | Section 155. Records. In the conduct of any investigation | 16 | | authorized by Section 145, the District shall, at its expense, | 17 | | provide a stenographer to take down all testimony and shall | 18 | | preserve a record of the proceedings. The notice of hearing, | 19 | | complaint, and all other documents in the nature of pleadings | 20 | | and written motions filed in the proceedings, the transcript of | 21 | | testimony, and the orders or decision of the Board constitutes | 22 | | the record of the proceedings. | 23 | | The District is not required to certify any record or file | 24 | | any answer or otherwise appear in any proceeding for judicial |
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| 1 | | review of an administrative decision unless the party asking | 2 | | for review deposits with the clerk of the court the sum of 75 | 3 | | cents per page of the record representing the costs of | 4 | | certification. Failure to make the deposit is grounds for | 5 | | dismissal of the action. | 6 | | Section 160. Annexation. Territory which is contiguous to | 7 | | the District and which is not included within any other port | 8 | | district may be annexed to and become a part of the District in | 9 | | the manner provided in Section 165 or 170, whichever may be | 10 | | applicable. | 11 | | Section 165. Petition for annexation. At least 5% of the | 12 | | legal voters resident within the limits of the proposed | 13 | | addition to the District may petition the circuit court for the | 14 | | county in which the major part of the District is situated, to | 15 | | cause the question to be submitted to the legal voters of the | 16 | | proposed additional territory, whether the proposed additional | 17 | | territory shall become a part of the District and assume a | 18 | | proportionate share of the general obligation bonded | 19 | | indebtedness, if any, of the District. The petition shall be | 20 | | addressed to the court and shall contain a definite description | 21 | | of the boundaries of the territory to be embraced in the | 22 | | proposed addition. | 23 | | Upon filing any petition with the clerk of the court, the | 24 | | court shall fix a time and place for a hearing upon the subject |
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| 1 | | of the petition. | 2 | | Notice shall be given by the court to whom the petition is | 3 | | addressed, or by the circuit clerk or sheriff of the county in | 4 | | which the petition is made at the order and direction of the | 5 | | court, of the time and place of the hearing upon the subject of | 6 | | the petition at least 20 days before the hearing by at least | 7 | | one publication of the notice in any newspaper of general | 8 | | circulation within the area proposed to be annexed, and by | 9 | | mailing a copy of the notice to the mayor or president of the | 10 | | corporate authorities of all of the municipalities located | 11 | | within the District. | 12 | | At the hearing, all persons residing in or owning property | 13 | | located within the area proposed to be annexed to the District | 14 | | may appear and be heard concerning the sufficiency of the | 15 | | petition. If the court finds that the petition does not comply | 16 | | with the requirements of the law, then the court shall dismiss | 17 | | the petition. If the court finds that the petition is | 18 | | sufficient, then the court shall certify the proposition to the | 19 | | proper election officials, who shall submit the proposition to | 20 | | the voters at an election in accordance with the general | 21 | | election law. In addition to the requirements of the general | 22 | | election law, the notice of the referendum shall specify the | 23 | | purpose of the referendum with a description of the area | 24 | | proposed to be annexed to the District. | 25 | | The proposition shall be in substantially the following | 26 | | form:
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| 1 | | Shall (description of the territory proposed to be | 2 | | annexed) join the Ottawa Port District? | 3 | | The votes shall be recorded as "Yes" or "No". | 4 | | The court shall cause a statement of the result of the | 5 | | referendum to be filed in the records of the court. | 6 | | If a majority of the votes cast upon the question of | 7 | | annexation to the District are in favor of becoming a part of | 8 | | the District, the court shall then enter an order stating that | 9 | | the additional territory shall thenceforth be an integral part | 10 | | of the Ottawa Port District and subject to all of the benefits | 11 | | of service and responsibilities of the District. The circuit | 12 | | clerk shall transmit a certified copy of the order to the | 13 | | circuit clerk of any other county in which any of the territory | 14 | | affected is situated.
| 15 | | Section 170. Annexation of territory having no legal | 16 | | voters. If there is territory contiguous to the District that | 17 | | has no legal voters residing therein, a petition to annex the | 18 | | territory, signed by all the owners of record of the territory, | 19 | | may be filed with the circuit court for the county in which the | 20 | | major part of the District is situated. A time and place for a | 21 | | hearing on the subject of the petition shall be fixed and | 22 | | notice shall be given in the manner provided in Section 165. At | 23 | | the hearing, any owner of land in the territory proposed to be | 24 | | annexed, the District, and any resident of the District may | 25 | | appear and be heard touching on the sufficiency of the |
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| 1 | | petition. If the court finds that the petition satisfies the | 2 | | requirements of this Section, it shall enter an order stating | 3 | | that thenceforth the territory shall be an integral part of the | 4 | | Ottawa Port District and subject to all of the benefits of | 5 | | service and responsibilities, including the assumption of a | 6 | | proportionate share of the general obligation bonded | 7 | | indebtedness, if any, of the District. The circuit clerk shall | 8 | | transmit a certified copy of the order of the court to the | 9 | | circuit clerk of any other county in which the annexed | 10 | | territory is situated.
| 11 | | Section 175. Non-applicability. The provisions of the | 12 | | Illinois Municipal Code, the Airport Authorities Act, and the | 13 | | General County Airport and Landing Field Act, shall not be | 14 | | effective within the area of the District insofar as the | 15 | | provisions of those Acts conflict with the provisions of this | 16 | | Act or grant substantially the same powers to any municipal | 17 | | corporation or political subdivision as are granted to the | 18 | | District by this Act.
| 19 | | The provisions of this Act shall not be considered as | 20 | | impairing, altering, modifying, repealing, or superseding any | 21 | | of the jurisdiction or powers of the Illinois Commerce | 22 | | Commission or of the Department of Natural Resources under the | 23 | | Rivers, Lakes, and Streams Act. Nothing in this Act or done | 24 | | under its authority shall apply to, restrict, limit, or | 25 | | interfere with the use of any terminal facility or port |
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| 1 | | facility owned or operated by a private person for the storage, | 2 | | handling, or transfer of any commodity moving in interstate | 3 | | commerce or the use of the land and facilities of a common | 4 | | carrier or other public utility and the space above such land | 5 | | and facilities in the business of such common carrier or other | 6 | | public utility, without approval of the Illinois Commerce | 7 | | Commission and without the payment of just compensation to any | 8 | | such common carrier or other public utility for damages | 9 | | resulting from any such restriction, limitation, or | 10 | | interference.
| 11 | | Section 180. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes. | 13 | | Section 185. The Eminent Domain Act is amended by adding | 14 | | Section 15-5-46 as follows: | 15 | | (735 ILCS 30/15-5-46 new) | 16 | | Sec. 15-5-46. Eminent domain powers in new Acts. The | 17 | | following provisions of law may include express grants of the | 18 | | power to acquire property by condemnation or eminent domain: | 19 | | Ottawa Port District Act; Ottawa Port District; for general | 20 | | purposes.
| 21 | | Section 999. Effective date. This Act takes effect upon | 22 | | becoming law. |
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