Full Text of SB2106 96th General Assembly
SB2106enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Massac-Metropolis 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 such | 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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| landing and taking off from an airport located within the | 2 |
| District. | 3 |
| "Board" means the Massac-Metropolis 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" or "Port District" means the Massac-Metropolis | 8 |
| Port District created by this 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 Metropolis, the | 26 |
| Mayor of the City of Brookport, or the President of the Village |
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| of Joppa, as the case may require. | 2 |
| "Navigable waters" means any public waters which are or can | 3 |
| be made usable for water commerce. | 4 |
| "Person" means any individual, firm, partnership, | 5 |
| corporation, both domestic and foreign, company, association, | 6 |
| or joint stock association; and includes
any trustee, receiver, | 7 |
| assignee, or personal representative thereof. | 8 |
| "Port facilities" means all public structures, except | 9 |
| terminal facilities as defined herein, that are in, over, | 10 |
| under, or adjacent to navigable waters and are necessary for or | 11 |
| incident to the furtherance of water commerce and includes the | 12 |
| widening and deepening of slips, harbors, and navigable waters. | 13 |
| "Private aircraft" means any aircraft other than public and | 14 |
| commercial aircraft. | 15 |
| "Public aircraft" means an aircraft used exclusively in the | 16 |
| governmental service of the United States, or of any state or | 17 |
| of any public agency, including military and naval aircraft. | 18 |
| "Public airport" means an airport owned by a Port District, | 19 |
| an airport authority or other public agency which is used or is | 20 |
| intended for use by public, commercial, and private aircraft | 21 |
| and by persons owning, managing, operating or desiring to use, | 22 |
| inspect, or repair any such aircraft or to use any such airport | 23 |
| for aeronautical purposes. | 24 |
| "Public interest" means the protection, furtherance and | 25 |
| advancement of the general welfare and of public health and | 26 |
| safety and public necessity and convenience in respect to |
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| aeronautics. | 2 |
| "Revenue bond" means any bond issued by the District the | 3 |
| principal and interest of which bond is payable solely from | 4 |
| revenues or income derived from terminal, terminal facilities, | 5 |
| or port facilities of the District. | 6 |
| "Terminal" means a public place, station, or depot for | 7 |
| receiving and delivering baggage, mail, freight, or express | 8 |
| matter and for any combination of such purposes, in connection | 9 |
| with the transportation of persons and property on water or | 10 |
| land or in the air. | 11 |
| "Terminal facilities" means all land, buildings, | 12 |
| structures, improvements, equipment, and appliances useful in | 13 |
| the operation of public warehouse, storage, and transportation | 14 |
| facilities for the accommodation of or in connection with | 15 |
| commerce by water or land or in the air or useful as an aid, or | 16 |
| constituting an advantage or convenience to, the safe landing, | 17 |
| taking off and navigation of aircraft, or the safe and | 18 |
| efficient operation or maintenance of a public airport; except | 19 |
| that nothing in this definition contained shall be interpreted | 20 |
| as granting authority to the District to acquire, purchase, | 21 |
| create, erect, or construct a bridge across any waterway which | 22 |
| serves as a boundary between the State of Illinois and any | 23 |
| other state. | 24 |
| Section 10. Massac-Metropolis Port District. There is | 25 |
| created a political subdivision, body politic, and municipal |
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| corporation by the name of the Massac-Metropolis Port District | 2 |
| embracing all of the area within the corporate limits of Massac | 3 |
| County.
Territory may be annexed to the District in the manner | 4 |
| hereinafter provided in this Act.
The District may sue and be | 5 |
| sued in its corporate name but execution shall not in any case | 6 |
| issue against any property of the District. It may adopt a | 7 |
| common seal and change the same at pleasure. | 8 |
| Section 15. Property of District; exemption. All property | 9 |
| of every kind owned by the Port District shall be exempt from | 10 |
| taxation. However, a tax may be levied upon a lessee of the | 11 |
| Port District by reason of the value of a leasehold estate | 12 |
| separate and apart from the fee simple title, or upon such | 13 |
| improvements as are constructed and owned by others than the | 14 |
| Port District. | 15 |
| All property of the Port District shall be public grounds | 16 |
| owned by a municipal corporation and used exclusively for | 17 |
| public purposes within the tax exemption provisions of Sections | 18 |
| 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 | 19 |
| of the Property Tax Code. | 20 |
| Section 20. Rights and powers. The Port District has the | 21 |
| following rights and powers: | 22 |
| (a) To issue permits: for the construction of all wharves, | 23 |
| piers, dolphins, booms, weirs, breakwaters, bulkheads, | 24 |
| jetties, bridges or other structures of any kind, over, under, |
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| in, or within 40 feet of any navigable waters within the Port | 2 |
| District; for the deposit of rock, earth, sand, or other | 3 |
| material, or any matter of any kind or description in said | 4 |
| waters; except that nothing contained in this subsection (a) | 5 |
| shall be construed so that it will be deemed necessary to | 6 |
| obtain a permit from the District for the erection, operation, | 7 |
| or maintenance of any bridge crossing a waterway which serves | 8 |
| as a boundary between the State of Illinois and any other | 9 |
| state, when said erection, operation, or maintenance is | 10 |
| performed by any city within the District. | 11 |
| (b) To prevent or remove obstructions in navigable waters, | 12 |
| including the removal of wrecks. | 13 |
| (c) To locate and establish dock lines and shore or harbor | 14 |
| lines. | 15 |
| (d) To regulate the anchorage, moorage, and speed of water | 16 |
| borne vessels and to establish and enforce regulations for the | 17 |
| operation of bridges, except nothing contained in this | 18 |
| subsection (d) shall be construed to give the District | 19 |
| authority to regulate the operation of any bridge crossing a | 20 |
| waterway which serves as a boundary between the State of | 21 |
| Illinois and any other state, when such operation is performed | 22 |
| or to be performed by any city within the District. | 23 |
| (e) To acquire, own, construct, lease, operate, and | 24 |
| maintain terminals, terminal facilities, and port facilities, | 25 |
| and to fix and collect just, reasonable, and nondiscriminatory | 26 |
| charges for the use of such facilities. The charges so |
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| collected shall be used to defray the reasonable expenses of | 2 |
| the Port District and to pay the principal of and interest on | 3 |
| any revenue bonds issued by the District. | 4 |
| (f) To locate, establish, and maintain a public airport, | 5 |
| public airports and public airport facilities within its | 6 |
| corporate limits or within or upon any body of water adjacent | 7 |
| thereto, and to construct, develop, expand, extend, and improve | 8 |
| any such airport or airport
facility. | 9 |
| (g) To operate, maintain, manage, lease, sublease, and to | 10 |
| make and enter into contracts for the use, operation, or | 11 |
| management of, and to provide rules and regulations for, the | 12 |
| operation, management or use of, any public airport or public | 13 |
| airport facility. | 14 |
| (h) To fix, charge, and collect reasonable rentals, tolls, | 15 |
| fees, and charges for the use of any public airport, or any | 16 |
| part thereof, or any public airport facility. | 17 |
| (i) To establish, maintain, extend, and improve roadways | 18 |
| and approaches by land, water, or air to any such airport and | 19 |
| to contract or otherwise provide, by condemnation if necessary, | 20 |
| for the removal of any airport hazard or the removal or | 21 |
| relocation of all private structures, railways, mains, pipes, | 22 |
| conduits, wires, poles, and all other facilities and equipment | 23 |
| which may interfere with the location, expansion, development, | 24 |
| or improvement of airports or with the safe approach thereto or | 25 |
| takeoff therefrom by aircraft, and to pay the cost of removal | 26 |
| or relocation; and, subject to the Airport Zoning Act, to |
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| adopt, administer, and enforce airport zoning regulations for | 2 |
| territory which is within its corporate limits or which extends | 3 |
| not more than 2 miles beyond its corporate limits. | 4 |
| (j) To restrict the height of any object of natural growth | 5 |
| or structure or structures within the vicinity of any airport | 6 |
| or within the lines of an approach to any airport and, when | 7 |
| necessary, for the reduction in the height of any such existing | 8 |
| object or structure, to enter into an agreement for such | 9 |
| reduction or to accomplish same by condemnation. | 10 |
| (k) To agree with the State or federal governments or with | 11 |
| any public agency in respect to the removal and relocation of | 12 |
| any object of natural growth, airport hazard, or any structure | 13 |
| or building within the vicinity of any airport or within an | 14 |
| approach and which is owned or within the control of such | 15 |
| government or agency and to pay all or an agreed portion of the | 16 |
| cost of such removal or relocation. | 17 |
| (l) For the prevention of accidents, for the furtherance | 18 |
| and protection of public health, safety, and convenience in | 19 |
| respect to aeronautics, for the protection of property and | 20 |
| persons within the District from any hazard or nuisance | 21 |
| resulting from the flight of aircraft, for the prevention of | 22 |
| interference between, or collision of, aircraft while in flight | 23 |
| or upon the ground, for the prevention or abatement of | 24 |
| nuisances in the air or upon the ground or for the extension of | 25 |
| increase in the usefulness or safety of any public airport or | 26 |
| public airport facility owned by the District, the District may |
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| regulate and restrict the flight of aircraft while within or | 2 |
| above the incorporated territory of the District. | 3 |
| (m) To police its physical property only and all waterways | 4 |
| and to exercise police powers in respect thereto or in respect | 5 |
| to the enforcement of any rule or regulation provided by the | 6 |
| ordinances of the District and to employ and commission police | 7 |
| officers and other qualified persons to enforce the same. The | 8 |
| use of any such public airport or public airport facility of | 9 |
| the District shall be subject to the reasonable regulation and | 10 |
| control of the District and upon such reasonable terms and | 11 |
| conditions as shall be established by its Board. A regulatory | 12 |
| ordinance of the District adopted under any provisions of this | 13 |
| Section may provide for a suspension or revocation of any | 14 |
| rights or privileges within the control of the District for a | 15 |
| violation of any such regulatory ordinance. Nothing in this | 16 |
| Section or in other provisions of this Act shall be construed | 17 |
| to authorize the Board to establish or enforce any regulation | 18 |
| or rule in respect to aviation, or the operation or maintenance | 19 |
| of any airport facility within its jurisdiction, which is in | 20 |
| conflict with any federal or State law or regulation applicable | 21 |
| to the same subject matter. | 22 |
| (n) To enter into agreements with the corporate authorities | 23 |
| or governing body of any other municipal corporation or any | 24 |
| political subdivision of this State to pay the reasonable | 25 |
| expense of services furnished by such municipal corporation or | 26 |
| political subdivision for or on account of income producing |
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| properties of the District. | 2 |
| (o) To enter into contracts dealing in any manner with the | 3 |
| objects and purposes of this Act. | 4 |
| (p) To acquire, own, lease, sell, or otherwise dispose of | 5 |
| interests in and to real property and improvements situated | 6 |
| thereon and in personal property necessary to fulfill the | 7 |
| purposes of the District. | 8 |
| (q) To designate the fiscal year for the District. | 9 |
| (r) To engage in any activity or operation which is | 10 |
| incidental to and in furtherance of efficient operation to | 11 |
| accomplish the District's primary purpose. | 12 |
| (s) To build, construct, repair, and maintain levees. | 13 |
| Section 25. Prompt payment. Purchases made pursuant to this | 14 |
| Act shall be made in compliance with the Local Government | 15 |
| Prompt Payment Act. | 16 |
| Section 30. Acquisition of property. The District has power | 17 |
| to acquire and accept by purchase, lease, gift, grant, or | 18 |
| otherwise any property and rights useful for its purposes and | 19 |
| to provide for the development of channels, ports, harbors, | 20 |
| airports, airfields, terminals, port facilities, and terminal | 21 |
| facilities adequate to serve the needs of commerce within the | 22 |
| District. The District may acquire real or personal property or | 23 |
| any rights therein in the manner, as near as may be, as is | 24 |
| provided for the exercise of the right of eminent domain under |
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| the Eminent Domain Act; except that no rights or property of | 2 |
| any kind or character now or hereafter owned, leased, | 3 |
| controlled, or operated and used by, or necessary for the | 4 |
| actual operations of, any common carrier engaged in interstate | 5 |
| commerce, or of any other public utility subject to the | 6 |
| jurisdiction of the Illinois Commerce Commission, shall be | 7 |
| taken or appropriated by the District without first obtaining | 8 |
| the approval of the Illinois Commerce Commission. | 9 |
| Notwithstanding the provisions of any other Section of this | 10 |
| Act, the District shall have full power and authority to lease | 11 |
| any or all of its facilities for operation and maintenance to | 12 |
| any person for such length of time and upon such terms as the | 13 |
| District shall deem necessary. | 14 |
| Also, the District may lease to others for any period of | 15 |
| time, not to exceed 99 years, upon such terms as its Board may | 16 |
| determine, any of its real property, rights-of-way or | 17 |
| privileges, or any interest therein, or any part thereof, for | 18 |
| industrial, manufacturing, commercial, or harbor purposes, | 19 |
| which is in the opinion of the Port District Board no longer | 20 |
| required for its primary purposes in the development of port | 21 |
| and harbor facilities for the use of public transportation, or | 22 |
| which may not be immediately needed for such purposes, but | 23 |
| where such leases will in the opinion of the Port District | 24 |
| Board aid and promote such purposes, and in conjunction with | 25 |
| such leases, the District may grant rights-of-way and | 26 |
| privileges across the property of the District, which |
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| rights-of-way and privileges may be assignable and irrevocable | 2 |
| during the term of any such lease and may include the right to | 3 |
| enter upon the property of the District to do such things as | 4 |
| may be necessary for the enjoyment of such leases, | 5 |
| rights-of-way, and privileges, and such leases may contain such | 6 |
| conditions and retain such interest therein as may be deemed | 7 |
| for the best interest of the District by such Board. | 8 |
| Also, the District shall have the right to grant easements | 9 |
| and permits for the use of any such real property, | 10 |
| rights-of-way, or privileges which in the opinion of the Board | 11 |
| will not interfere with the use thereof by the District for its | 12 |
| primary purposes and such easements and permits may contain | 13 |
| such conditions and retain such interest therein as may be | 14 |
| deemed for the best interest of the District by the Board. | 15 |
| With respect to any and all leases, easements, | 16 |
| rights-of-way, privileges, and permits made or granted by the | 17 |
| Board, the Board may agree upon and collect the rentals, | 18 |
| charges, and fees that may be deemed for the best interest of | 19 |
| the District. Such rentals, charges, and fees shall be used to | 20 |
| defray the reasonable expenses of the District and to pay the | 21 |
| principal of and interest on any revenue bonds issued by the | 22 |
| District. | 23 |
| Section 35. Eminent domain. Notwithstanding any other | 24 |
| provision of this Act, any power granted under this Act to | 25 |
| acquire property by condemnation or eminent domain is subject |
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| to, and shall be exercised in accordance with, the Eminent | 2 |
| Domain Act. | 3 |
| Section 40. Export trading companies. The District is | 4 |
| authorized and empowered to establish, organize, own, acquire, | 5 |
| participate in, operate, sell, and transfer export trading | 6 |
| companies, whether as shareholder, partner, or co-venturer, | 7 |
| alone or in cooperation with federal, state or local | 8 |
| governmental authorities, federal, state, or national banking | 9 |
| associations, or any other public or private corporation or | 10 |
| person or persons. Export trading companies and all of the | 11 |
| property thereof, wholly or partly owned, directly or | 12 |
| indirectly, by the District, shall have the same privileges and | 13 |
| immunities as accorded to the District; and export trading | 14 |
| companies may borrow money or obtain financial assistance from | 15 |
| private lenders or federal and state governmental authorities | 16 |
| or issue general obligation and revenue bonds with the same | 17 |
| kinds of security, and in accordance with the same procedures, | 18 |
| restrictions, and privileges applicable when the District | 19 |
| obtains financial assistance or issues bonds for any of its | 20 |
| other authorized purposes. Such export trading companies are | 21 |
| authorized, if necessary or desirable, to apply for | 22 |
| certification under Title II or Title III of the Export Trading | 23 |
| Company Act of 1982. | 24 |
| Section 45. Grants, loans, and appropriations. The |
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| District has power to apply for and accept grants, loans, or | 2 |
| 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 any agreements with the federal | 5 |
| government in relation to such grants, loans, or | 6 |
| appropriations. | 7 |
| The District may petition any federal, state, municipal, or | 8 |
| local authority, administrative, judicial and legislative, | 9 |
| having jurisdiction in the premises, for the adoption and | 10 |
| 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 or better the handling of commerce in | 14 |
| and through the Port District or improve terminal or | 15 |
| transportation facilities therein.
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| Section 50. Insurance contracts. The District has power to | 17 |
| procure and enter into contracts for any type of insurance or | 18 |
| 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 or | 23 |
| any other insurable risk. | 24 |
| Section 55. Rentals, charges, and fees. With respect to any |
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| 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 hereinafter | 11 |
| provided 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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| 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, the maximum | 5 |
| rate of interest they will bear which shall not be more than | 6 |
| that permitted in the Bond Authorization Act. Such interest may | 7 |
| be paid semiannually. The ordinance shall also specify the date | 8 |
| of maturity which shall not be more than 20 years after the | 9 |
| date of issuance and shall levy a tax that will be required to | 10 |
| amortize such bonds. This ordinance shall not be effective | 11 |
| until it has been submitted to referendum of, and approved by, | 12 |
| the 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 such | 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 Massac-Metropolis Port District | 25 |
| for the (purpose) maturing in no more than (years), bearing | 26 |
| not more than (interest)%, and a tax levied to pay the |
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| principal and interest thereof?
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| 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 such | 7 |
| date or dates and may mature at such time or times not | 8 |
| exceeding 40 years from their respective dates, all as may be | 9 |
| provided in the ordinance authorizing their issuance. All | 10 |
| bonds, whether revenue or general obligation, may bear interest | 11 |
| at such rate or rates as permitted in the Bond Authorization | 12 |
| Act. Such interest may be paid semiannually. All such bonds may | 13 |
| be in such form, may carry such registration privileges, may be | 14 |
| executed in such manner, may be payable at such place or | 15 |
| places, may be made subject to redemption in such manner and | 16 |
| upon such terms, with or without premium as is stated on the | 17 |
| face thereof, may be authenticated in such manner and may | 18 |
| contain such terms and covenants, all as may be provided in the | 19 |
| ordinance authorizing issuance.
The holder or holders of any | 20 |
| bonds or interest coupons appertaining thereto issued by the | 21 |
| District may bring civil actions to compel the performance and | 22 |
| observance by the District or any of its officers, agents, or | 23 |
| employees of any contract or covenant made by the District with | 24 |
| the holders of such bonds or interest coupons and to compel the | 25 |
| District and any of its officers, agents, or employees to |
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| perform any duties required to be performed for the benefit of | 2 |
| the holders of any such bonds or interest coupons by the | 3 |
| provision in the ordinance authorizing their issuance, and to | 4 |
| enjoin the District and any of its officers, agents, or | 5 |
| employees from taking any action in conflict with any such | 6 |
| contract or covenant, including the establishment of charges, | 7 |
| fees, and rates for the use of facilities as hereinafter | 8 |
| provided. | 9 |
| Notwithstanding the form and tenor of any bond, whether | 10 |
| revenue or general obligation, and in the absence of any | 11 |
| express recital on the face thereof that it is nonnegotiable, | 12 |
| all such bonds shall be negotiable instruments. Pending the | 13 |
| preparation and execution of any such bonds, temporary bonds | 14 |
| may be issued with or without interest coupons as may be | 15 |
| provided by ordinance.
| 16 |
| Section 70. Issuing bonds. All bonds, whether general | 17 |
| obligation or revenue, shall be issued and sold by the Board in | 18 |
| such manner as the Board shall determine. However, if any bonds | 19 |
| are issued to bear interest at the maximum rate of interest | 20 |
| allowed by Section 60 or 65, whichever may be applicable, the | 21 |
| bonds shall be sold for not less than par and accrued interest. | 22 |
| The selling price of bonds bearing interest at a rate less than | 23 |
| the maximum allowable interest rate per annum shall be such | 24 |
| that the interest cost to the District of the money received | 25 |
| from the bond sale shall not exceed the maximum annual interest |
|
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SB2106 Enrolled |
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| 1 |
| rate allowed by Section 60 or 65, whichever may be applicable, | 2 |
| computed to absolute maturity of such bonds according to | 3 |
| standard tables of bond values. | 4 |
| Section 75. Rates and charges for facilities. Upon the | 5 |
| issue of any revenue bonds as herein provided, the Board shall | 6 |
| fix and establish rates, charges, and fees for the use of | 7 |
| facilities acquired, constructed, reconstructed, extended, or | 8 |
| improved with the proceeds derived from the sale of said | 9 |
| revenue bonds sufficient at all times with other revenues of | 10 |
| the District, if any, to pay (a) the cost of maintaining, | 11 |
| repairing, regulating, and operating the said facilities; and | 12 |
| (b) the bonds and interest thereon as they become due, and all | 13 |
| sinking fund requirements and other requirements provided by | 14 |
| the ordinance authorizing the issuance of the bonds or as | 15 |
| provided by any trust agreement executed to secure payment | 16 |
| thereof. | 17 |
| To secure the payment of any or all revenue bonds and for | 18 |
| the purpose of setting forth the covenants and undertaking of | 19 |
| the District in connection with the issuance of revenue bonds | 20 |
| and the issuance of any additional revenue bonds payable from | 21 |
| such revenue income to be derived from the terminals, terminal | 22 |
| facilities, airports, airfields, and port facilities, the | 23 |
| District may execute and deliver a trust agreement or | 24 |
| agreements except that no lien upon any physical property of | 25 |
| the District shall be created thereby. A remedy for any breach |
|
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|
SB2106 Enrolled |
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| 1 |
| or default of the terms of any such trust agreement by the | 2 |
| District may be by mandamus proceedings in the circuit court to | 3 |
| compel performance and compliance therewith, but the trust | 4 |
| agreement may prescribe by whom or on whose behalf such action | 5 |
| may be instituted. | 6 |
| Section 80. Bonds not obligations of the State or district. | 7 |
| Under no circumstances shall any bonds issued by the District | 8 |
| or any other obligation of the District be or become an | 9 |
| indebtedness or obligation of the State of Illinois or of any | 10 |
| other political subdivision of or municipality within the | 11 |
| State. | 12 |
| No revenue bond shall be or become an indebtedness of the | 13 |
| District within the purview of any constitutional limitation or | 14 |
| provision, and it shall be plainly stated on the face of each | 15 |
| revenue bond that it does not constitute such an indebtedness, | 16 |
| or obligation but is payable solely from the revenues or income | 17 |
| derived from terminals, terminal facilities, airports, | 18 |
| airfields, and port facilities. | 19 |
| Section 85. Tax levy. The Board may, after referendum | 20 |
| approval, levy a tax for corporate purposes of the District | 21 |
| annually at the rate approved by referendum, but which rate | 22 |
| shall not exceed 0.05% of the value of all taxable property | 23 |
| within the Port District as equalized or assessed by the | 24 |
| Department of Revenue.
If the Board desires to levy such a tax |
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|
SB2106 Enrolled |
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| 1 |
| it shall order that the question be submitted at an election to | 2 |
| be held within the District. The Board shall certify its order | 3 |
| and the question to the proper election officials, who shall | 4 |
| submit the question to the voters at an election in accordance | 5 |
| with the general election law. The Board shall cause the result | 6 |
| of the election to be entered upon the records of the Port | 7 |
| District. If a majority of the vote on the question is in favor | 8 |
| of the proposition, the Board may annually thereafter levy a | 9 |
| tax for corporate purposes at a rate not to exceed that | 10 |
| approved by referendum but in no event to exceed 0.05% of the | 11 |
| value of all taxable property within the District as equalized | 12 |
| or assessed by the Department of Revenue. | 13 |
| The question shall be in substantially the following form: | 14 |
| Shall the Massac-Metropolis Port District levy a tax | 15 |
| for corporate purposes annually at a rate not to exceed | 16 |
| 0.05% of the value of taxable property as equalized or | 17 |
| assessed by the Department of Revenue?
| 18 |
| The election authority shall record the votes as "Yes" or "No". | 19 |
| Section 90. Permits. It is unlawful to make any fill or | 20 |
| deposit of rock, earth, sand, or other material, or any refuse | 21 |
| matter of any kind or description, or build or commence the | 22 |
| building of any wharf, pier, dolphin, boom, weir, breakwater, | 23 |
| bulkhead, jetty, bridge, or other structure over, under, or | 24 |
| within 40 feet of any navigable waters within the Port District | 25 |
| without first submitting the plans, profiles, and |
|
|
|
SB2106 Enrolled |
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| 1 |
| specifications therefor, and such other data and information as | 2 |
| may be required, to the Port District and receiving a permit | 3 |
| therefor; and any person, corporation, company, city or | 4 |
| municipality or other agency, which shall do any of the things | 5 |
| above prohibited, without securing a permit therefor as above | 6 |
| provided, shall be guilty of a Class A misdemeanor; provided, | 7 |
| however, that no such permit shall be required in the case of | 8 |
| any project for which a permit shall have been secured from a | 9 |
| proper governmental agency prior to the creation of the Port | 10 |
| District nor shall any such permit be required in the case of | 11 |
| any project to be undertaken by any city, village, or | 12 |
| incorporated town in the District, or any combination thereof, | 13 |
| for which a permit is required from a governmental agency other | 14 |
| than the District before the municipality can proceed with such | 15 |
| project. And in such event, such municipalities, or any of | 16 |
| them, shall give at least 10 days' notice to the District of | 17 |
| the application for a permit for any such project from a | 18 |
| governmental agency other than the District so that the | 19 |
| District may be present and represent its position relative to | 20 |
| such application before such other governmental agency. Any | 21 |
| structure, fill, or deposit erected or made in any of the | 22 |
| public bodies of water within the Port District, in violation | 23 |
| of the provisions of this Section, is a purpresture and may be | 24 |
| abated as such at the expense of the person, corporation, | 25 |
| company, municipality, or other agency responsible therefor, | 26 |
| or if, in the discretion of the Port District, it is decided |
|
|
|
SB2106 Enrolled |
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| 1 |
| that such structure, fill, or deposit may remain, the Port | 2 |
| District may fix such rule, regulation, requirement, | 3 |
| restrictions, or rentals or require and compel such changes, | 4 |
| modifications, and repairs as shall be necessary to protect the | 5 |
| interest of the Port District. | 6 |
| Section 95. Board members. The governing and | 7 |
| administrative body of the Port District shall be a Board | 8 |
| consisting of 7 members, to be known as the Massac-Metropolis | 9 |
| Port District Board. All members of the Board shall be | 10 |
| residents of the District. The members of the Board shall serve | 11 |
| without compensation but shall be reimbursed for actual | 12 |
| expenses incurred by them in the performance of their duties. | 13 |
| However, any member of the Board who is appointed to the office | 14 |
| of secretary or treasurer may receive compensation for his or | 15 |
| her services as such officer. No member of the Board or | 16 |
| employee of the District shall have any private financial | 17 |
| interest, profit, or benefit in any contract, work, or business | 18 |
| of the District nor in the sale or lease of any property to or | 19 |
| from the District. | 20 |
| Section 100. Board appointments; terms. The Governor shall | 21 |
| appoint 4 members of the Board, each Mayor of the | 22 |
| municipalities of Metropolis, Joppa, and Brookport shall | 23 |
| appoint one member of the Board. All initial appointments shall | 24 |
| be made within 60 days after this Act takes effect. Of the 4 |
|
|
|
SB2106 Enrolled |
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LRB096 02926 HLH 12940 b |
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| 1 |
| members initially appointed by the Governor, 2 shall be | 2 |
| appointed for initial terms expiring June 1, 2016 and one for | 3 |
| an initial term expiring June 1, 2012 and one for an initial | 4 |
| term expiring June 1, 2011. The terms of the members initially | 5 |
| appointed by the respective Mayors shall expire June 1, 2012. | 6 |
| At the expiration of the term of any member, his or her | 7 |
| successor shall be appointed by the Governor or the respective | 8 |
| Mayor in like manner and with like regard to place of residence | 9 |
| of the appointee, as in the case of appointments for the | 10 |
| initial terms. | 11 |
| After the expiration of initial terms, each successor shall | 12 |
| hold office for the term of 3 years beginning the first day of | 13 |
| June of the year in which the term of office commences. In the | 14 |
| case of a vacancy during the term of office of any member | 15 |
| appointed by the Governor, the Governor shall make an | 16 |
| appointment for the remainder of the term vacant and until a | 17 |
| successor is appointed and qualified. In case of a vacancy | 18 |
| during the term of office of any member appointed by a Mayor, | 19 |
| the proper Mayor shall make an appointment for the remainder of | 20 |
| the term vacant and until a successor is appointed and | 21 |
| qualified. The Governor and each Mayor shall certify their | 22 |
| respective appointments to the Secretary of State. Within 30 | 23 |
| days after certification of his or her appointment, and before | 24 |
| entering upon the duties of his or her office, each member of | 25 |
| the Board shall take and subscribe the constitutional oath of | 26 |
| office and file it in the office of the Secretary of State. |
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|
SB2106 Enrolled |
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| 1 |
| Section 105. Resignation and removal of Board members. | 2 |
| Members of the Board shall hold office until their respective | 3 |
| successors have been appointed and qualified. Any member may | 4 |
| resign from his or her office to take effect when his or her | 5 |
| successor has been appointed and has qualified. The Governor | 6 |
| and each Mayor, respectively, may remove any member of the | 7 |
| Board they have appointed in case of incompetency, neglect of | 8 |
| duty, or malfeasance in office. They shall give such member a | 9 |
| copy of the charges against him or her and an opportunity to be | 10 |
| publicly heard in person or by counsel in his or her own | 11 |
| defense upon not less than 10 days' notice. In case of failure | 12 |
| to qualify within the time required, or of abandonment of his | 13 |
| or her office, or in case of death, conviction of a felony or | 14 |
| removal from office, the office of such member shall become | 15 |
| vacant. Each vacancy shall be filled for the unexpired term by | 16 |
| appointment in like manner as in case of expiration of the term | 17 |
| of a member of the Board. | 18 |
| Section 110. Organization of the Board. As soon as possible | 19 |
| after the appointment of the initial members, the Board shall | 20 |
| organize for the transaction of business, select a chairman and | 21 |
| a temporary secretary from its own number, and adopt bylaws and | 22 |
| regulations to govern its proceedings. The initial chairman and | 23 |
| successors shall be elected by the Board from time to time for | 24 |
| the term of his or her office as a member of the Board. |
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SB2106 Enrolled |
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| 1 |
| Section 115. Meetings. Regular meetings of the Board shall | 2 |
| be held at least once in each calendar month, the time and | 3 |
| place of such meetings to be fixed by the Board. Four members | 4 |
| of the Board shall constitute a quorum for the transaction of | 5 |
| business. All action of the Board shall be by ordinance or | 6 |
| resolution and the affirmative vote of at least 4 members shall | 7 |
| be necessary for the adoption of any ordinance or resolution. | 8 |
| All such ordinances and resolutions before taking effect shall | 9 |
| be approved by the chairman of the Board, and if he or she | 10 |
| approves thereof he or she shall sign the same, and such as he | 11 |
| or she does not approve he or she shall return to the Board | 12 |
| with his or her objections thereto in writing at the next | 13 |
| regular meeting of the Board occurring after the passage | 14 |
| thereof. But in the case the chairman fails to return any | 15 |
| ordinance or resolution with his or her objections thereto by | 16 |
| the time aforesaid, the chairman shall be deemed to have | 17 |
| approved the same and it shall take effect accordingly. Upon | 18 |
| the return of any ordinance or resolution by the chairman with | 19 |
| his or her objections, the vote by which the same was passed | 20 |
| shall be reconsidered by the Board, and if upon such | 21 |
| reconsideration said ordinance or resolution is passed by the | 22 |
| affirmative vote of at least 5 members, it shall go into effect | 23 |
| notwithstanding the veto of the chairman. All ordinances, | 24 |
| resolutions, and all proceedings of the District and all | 25 |
| documents and records in its possession shall be public |
|
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SB2106 Enrolled |
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LRB096 02926 HLH 12940 b |
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| 1 |
| records, and open to public inspection, except such documents | 2 |
| and records as are kept or prepared by the Board for use in | 3 |
| negotiations, legal actions, or proceedings to which the | 4 |
| District is a party. | 5 |
| Section 120. Secretary and treasurer; oath and bond. The | 6 |
| Board shall appoint a secretary and a treasurer, who need not | 7 |
| be members of the Board, to hold office during the pleasure of | 8 |
| the Board, and fix their duties and compensation. The secretary | 9 |
| and treasurer shall be residents of the District. Before | 10 |
| entering upon the duties of their respective offices, they | 11 |
| shall take and subscribe the constitutional oath of office, and | 12 |
| the treasurer shall execute a bond with corporate sureties to | 13 |
| be approved by the Board. The bond shall be payable to the | 14 |
| District in whatever penal sum may be directed by the Board | 15 |
| conditioned upon the faithful performance of the duties of the | 16 |
| office and the payment of all money received by him or her | 17 |
| according to law and the orders of the Board. The Board may, at | 18 |
| any time, require a new bond from the treasurer in such penal | 19 |
| sum as may then be determined by the Board. The obligation of | 20 |
| the sureties shall not extend to any loss sustained by the | 21 |
| insolvency, failure, or closing of any savings and loan | 22 |
| association or national or State bank wherein the treasurer has | 23 |
| deposited funds if the bank or savings and loan association has | 24 |
| been approved by the Board as a depositary for these funds. The | 25 |
| oaths of office and the treasurer's bond shall be filed in the |
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SB2106 Enrolled |
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| 1 |
| principal office of the District. | 2 |
| Section 125. Deposits; checks or drafts. All funds | 3 |
| deposited by the treasurer in any bank or savings and loan | 4 |
| association shall be placed in the name of the District and | 5 |
| shall be withdrawn or paid out only by check or draft upon the | 6 |
| bank or savings and loan association, signed by the treasurer | 7 |
| and countersigned by the chairman of the Board. Subject to | 8 |
| prior approval of such designations by a majority of the Board, | 9 |
| the chairman may designate any other Board member or any | 10 |
| officer of the District to affix the signature of the chairman | 11 |
| and the treasurer may designate any other officer of the | 12 |
| District to affix the signature of the treasurer to any check | 13 |
| or draft for payment of salaries or wages and for payment of | 14 |
| any other obligation of not more than $2,500. | 15 |
| No bank or savings and loan association shall receive | 16 |
| public funds as permitted by this Section, unless it has | 17 |
| complied with the requirements established pursuant to Section | 18 |
| 6 of the Public Funds Investment Act. | 19 |
| In case any officer whose signature appears upon any check | 20 |
| or draft issued pursuant to this Act, ceases to hold his or her | 21 |
| office before the delivery thereof to the payee, his or her | 22 |
| signature nevertheless shall be valid and sufficient for all | 23 |
| purposes with the same effect as if he or she had remained in | 24 |
| office until delivery thereof. |
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SB2106 Enrolled |
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| 1 |
| Section 130. General manager. The Board may appoint a | 2 |
| general manager who shall be a person of recognized ability and | 3 |
| business experience to hold office during the pleasure of the | 4 |
| Board. The general manager shall have management of the | 5 |
| properties and business of the District and the employees | 6 |
| thereof subject to the general control of the Board, shall | 7 |
| direct the enforcement of all ordinances, resolutions, rules, | 8 |
| and regulations of the Board, and shall perform such other | 9 |
| duties as may be prescribed from time to time by the Board. The | 10 |
| Board may appoint a general attorney and a chief engineer, and | 11 |
| shall provide for the appointment of other officers, attorneys, | 12 |
| engineers, consultants, agents, and employees as may be | 13 |
| necessary. It shall define their duties and may require bonds | 14 |
| of such of them as the Board may designate. The general | 15 |
| manager, general attorney, chief engineer, and all other | 16 |
| officers provided for pursuant to this Section shall be exempt | 17 |
| from taking and subscribing any oath of office and shall not be | 18 |
| members of the Board. The compensation of the general manager, | 19 |
| general attorney, chief engineer, and all other officers, | 20 |
| attorneys, consultants, agents, and employees shall be fixed by | 21 |
| the Board. | 22 |
| Section 135. Fines and penalties. The Board has power to | 23 |
| pass all ordinances and make all rules and regulations proper | 24 |
| or necessary, and to carry into effect the powers granted to | 25 |
| the District, with such fines or penalties as may be deemed |
|
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|
SB2106 Enrolled |
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| 1 |
| proper. All fines and penalties shall be imposed by ordinances, | 2 |
| which shall be published in a newspaper of general circulation | 3 |
| in the area embraced by the District. No such ordinance shall | 4 |
| take effect until 10 days after its publication. | 5 |
| Section 140. Report and financial statement. Within 60 days | 6 |
| after the end of each fiscal year, the Board shall cause to be | 7 |
| prepared and printed a complete and detailed report and | 8 |
| financial statement of the operations and assets and | 9 |
| liabilities of the Port District. A reasonably sufficient | 10 |
| number of copies of such report shall be printed for | 11 |
| distribution to persons interested, upon request, and a copy | 12 |
| thereof shall be filed with the Governor and the county clerk | 13 |
| and the presiding officer of the county board of Massac County. | 14 |
| A copy of such report shall be addressed to and mailed to the | 15 |
| corporate authorities of each municipality within the area of | 16 |
| the District. | 17 |
| Section 145. Investigations. The Board may investigate | 18 |
| conditions in which it has an interest within the area of the | 19 |
| District, the enforcement of its ordinances, rules and | 20 |
| regulations, and the action, conduct, and efficiency of all | 21 |
| officers, agents, and employees of the District. In the conduct | 22 |
| of such investigations, the Board may hold public hearings on | 23 |
| its own motion, and shall do so on complaint of any | 24 |
| municipality within the District. Each member of the Board |
|
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|
SB2106 Enrolled |
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| 1 |
| shall have power to administer oaths, and the secretary, by | 2 |
| order of the Board, shall issue subpoenas to secure the | 3 |
| attendance and testimony of witnesses and the production of | 4 |
| books and papers relevant to such investigations and to any | 5 |
| hearing before the Board or any member thereof. | 6 |
| Any circuit court of this State, upon application of the | 7 |
| Board, or any member thereof, may in its discretion compel the | 8 |
| attendance of witnesses, the production of books and papers, | 9 |
| and giving of testimony before the Board or before any member | 10 |
| thereof or any officers' committee appointed by the Board, by | 11 |
| attachment for contempt or otherwise in the same manner as the | 12 |
| production of evidence may be compelled before the court. | 13 |
| Section 150. Administrative Review Law. All final | 14 |
| administrative decisions of the Board hereunder shall be | 15 |
| subject to judicial review pursuant to the provisions of the | 16 |
| Administrative Review Law, and all amendments and | 17 |
| modifications thereof, and the rules adopted pursuant thereto. | 18 |
| The term "administrative decision" is defined as in Section | 19 |
| 3-101 of the Code of Civil Procedure. | 20 |
| Section 155. Records. In the conduct of any investigation | 21 |
| authorized by Section 145, the Port District shall, at its | 22 |
| expense, provide a stenographer to take down all testimony and | 23 |
| shall preserve a record of such proceedings. The notice of | 24 |
| hearing, complaint, and all other documents in the nature of |
|
|
|
SB2106 Enrolled |
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| 1 |
| pleadings and written motions filed in the proceedings, the | 2 |
| transcript of testimony and the orders or decision of the Board | 3 |
| constitutes the record of such proceedings. | 4 |
| The Port District is not required to certify any record or | 5 |
| file any answer or otherwise appear in any proceeding for | 6 |
| judicial review of an administrative decision unless the party | 7 |
| asking for review deposits with the clerk of the court the sum | 8 |
| of 75 cents per page of the record representing the costs of | 9 |
| such certification. Failure to make such deposit is grounds for | 10 |
| dismissal of the action. | 11 |
| Section 160. Annexation. Territory which is contiguous to | 12 |
| the District and which is not included within any other port | 13 |
| district may be annexed to and become a part of the District in | 14 |
| the manner provided in Section 165 or 170, whichever may be | 15 |
| applicable. | 16 |
| Section 165. Petition for annexation. At least 5% of the | 17 |
| legal voters resident within the limits of such proposed | 18 |
| addition to the District may petition the circuit court for the | 19 |
| county in which the major part of the District is situated, to | 20 |
| cause the question to be submitted to the legal voters of such | 21 |
| proposed additional territory, whether such proposed | 22 |
| additional territory shall become a part of the District and | 23 |
| assume a proportionate share of the general obligation bonded | 24 |
| indebtedness, if any, of the District. Such petition shall be |
|
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|
SB2106 Enrolled |
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LRB096 02926 HLH 12940 b |
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| 1 |
| addressed to the court and shall contain a definite description | 2 |
| of the boundaries of the territory to be embraced in the | 3 |
| proposed addition. | 4 |
| Upon filing any such petition with the clerk of the court, | 5 |
| the court shall fix a time and place for a hearing upon the | 6 |
| subject of the petition. | 7 |
| Notice shall be given by the court to whom the petition is | 8 |
| addressed, or by the circuit clerk or sheriff of the county in | 9 |
| which such petition is made at the order and direction of the | 10 |
| court, of the time and place of the hearing upon the subject of | 11 |
| the petition at least 20 days prior thereto by at least one | 12 |
| publication thereof in any newspaper having general | 13 |
| circulation within the area proposed to be annexed, and by | 14 |
| mailing a copy of such notice to the mayor or president of the | 15 |
| board of trustees of all cities, villages, and incorporated | 16 |
| towns within the District. | 17 |
| At the hearing, all persons residing in or owning property | 18 |
| situated in the area proposed to be annexed to the District may | 19 |
| appear and be heard touching upon the sufficiency of the | 20 |
| petition. If the court finds that the petition does not comply | 21 |
| with the requirements of the law, the court shall dismiss the | 22 |
| petition; but if the court finds that the petition is | 23 |
| sufficient, the court shall certify the proposition to the | 24 |
| proper election officials, who shall submit the proposition to | 25 |
| the voters at an election in accordance with the general | 26 |
| election law. In addition to the requirements of the general |
|
|
|
SB2106 Enrolled |
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LRB096 02926 HLH 12940 b |
|
| 1 |
| election law, the notice of such referendum shall specify the | 2 |
| purpose of such referendum with a description of the area | 3 |
| proposed to be annexed to the District. | 4 |
| The proposition shall be in substantially the following | 5 |
| form:
| 6 |
| Shall (description of the territory proposed to be | 7 |
| annexed) join the Massac-Metropolis Port District? | 8 |
| The votes shall be recorded as "Yes" or "No". | 9 |
| The court shall cause a statement of the result of such | 10 |
| election to be filed in the records of the court. | 11 |
| If a majority of the votes cast upon the question of | 12 |
| annexation to the District are in favor of becoming a part of | 13 |
| such District, the court shall then enter an order stating that | 14 |
| such additional territory shall thenceforth be an integral part | 15 |
| of the Massac-Metropolis Port District and subject to all of | 16 |
| the benefits of service and responsibilities of the District. | 17 |
| The circuit clerk shall transmit a certified copy of the order | 18 |
| to the circuit clerk of any other county in which any of the | 19 |
| territory affected is situated.
| 20 |
| Section 170. Annexation of territory having no legal | 21 |
| voters. If there is territory contiguous to the District which | 22 |
| has no legal voters residing therein, a petition to annex such | 23 |
| territory, signed by all the owners of record of such territory | 24 |
| may be filed with the circuit court for the county in which the | 25 |
| major part of the District is situated. A time and place for a |
|
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|
SB2106 Enrolled |
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|
| 1 |
| hearing on the subject of the petition shall be fixed and | 2 |
| notice thereof shall be given in the manner provided in Section | 3 |
| 165. At such hearing, any owner of land in the territory | 4 |
| proposed to be annexed, the District and any resident of the | 5 |
| District may appear and be heard touching on the sufficiency of | 6 |
| the petition. If the court finds that the petition satisfies | 7 |
| the requirements of this Section, it shall enter an order | 8 |
| stating that thenceforth such territory shall be an integral | 9 |
| part of the Massac-Metropolis Port District and subject to all | 10 |
| of the benefits of service and responsibilities, including the | 11 |
| assumption of a proportionate share of the general obligation | 12 |
| bonded indebtedness, if any, of the District. The circuit clerk | 13 |
| shall transmit a certified copy of the order of the court to | 14 |
| the circuit clerk of any other county in which the annexed | 15 |
| territory is situated. | 16 |
| Section 175. Severability. If any provision of this Act is | 17 |
| held invalid such provision shall be deemed to be excised from | 18 |
| this Act and the invalidity thereof shall not affect any of the | 19 |
| other provisions of this Act. If the application of any | 20 |
| provision of this Act to any person or circumstance is held | 21 |
| invalid, it shall not affect the application to such persons or | 22 |
| circumstances other than those as to which it is invalid. The | 23 |
| provisions of this Act shall not be considered as impairing, | 24 |
| altering, modifying, repealing, or superseding any of the | 25 |
| jurisdiction or powers of the Illinois Commerce Commission or |
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| 1 |
| of the Department of Natural Resources under the Rivers, Lakes, | 2 |
| and Streams Act. Nothing in this Act or done under its | 3 |
| authority shall apply to, restrict, limit, or interfere with | 4 |
| the use of any terminal facility or port facility owned or | 5 |
| operated by any private person for the storage or handling or | 6 |
| transfer of any commodity moving in interstate commerce or the | 7 |
| use of the land and facilities of a common carrier or other | 8 |
| public utility and the space above such land and facilities in | 9 |
| the business of such common carrier or other public utility, | 10 |
| without approval of the Illinois Commerce Commission and | 11 |
| without the payment of just compensation to any such common | 12 |
| carrier or other public utility for damages resulting from any | 13 |
| such restriction, limitation, or interference. | 14 |
| Section 180. Non-applicability. The provisions of the | 15 |
| Illinois Municipal Code, or the provisions of the Airport | 16 |
| Authorities Act, or the provisions of the General County | 17 |
| Airport and Landing Field Act, shall not be effective within | 18 |
| the area of the District insofar as the provisions of said Acts | 19 |
| conflict with the provisions of this Act or grant substantially | 20 |
| the same powers to any municipal corporation or political | 21 |
| subdivision as are granted to the District by this Act. | 22 |
| Section 185. The Eminent Domain Act is amended by adding | 23 |
| Section 15-5-45 as follows: |
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| (735 ILCS 30/15-5-45 new)
| 2 |
| Sec. 15-5-45. Eminent domain powers in new Acts. The | 3 |
| following provisions of law may include express grants of the | 4 |
| power to acquire property by condemnation or eminent domain: | 5 |
| Massac-Metropolis Port District Act; Massac-Metropolis Port | 6 |
| District; for general purposes.
| 7 |
| Section 999. Effective date. This Act takes effect upon | 8 |
| becoming law.
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