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Public Act 096-0636 |
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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 Upper | ||||
Mississippi River International Port District Act. | ||||
Section 2. Definitions. When used in this Act: | ||||
"Aircraft" means any contrivance now known or hereafter | ||||
invented, used or designed for navigation of, or flight in, the | ||||
air. | ||||
"Airport" means any locality, either land or water, which | ||||
is used or designed for the landing and taking off of aircraft, | ||||
or for the location of runways, landing fields, airdromes, | ||||
hangars, buildings, structures, airport roadways, and other | ||||
facilities. | ||||
"Airport hazard" means any structure or object of natural | ||||
growth located on or in the vicinity of an airport, or any use | ||||
of land near an airport, which is hazardous to the use of the | ||||
airport for the landing and taking off of aircraft. | ||||
"Approach" means any path, course, or zone defined by an | ||||
ordinance of the District or by other lawful regulation, on the | ||||
ground, in the air, or both, for the use of aircraft in landing | ||||
and taking off from an airport located within the District. | ||||
"Board" means Upper Mississippi River International Port |
District Board. | ||
"Commercial aircraft" means any aircraft other than public | ||
aircraft engaged in the business of transporting persons or | ||
property. | ||
"District" means the Upper Mississippi River International | ||
Port District created by this Act. | ||
"General obligation bond" means any bond issued by the | ||
District any part of the principal or interest of which bond is | ||
to be paid by taxation. | ||
"Governmental agency" means the United States, the State of | ||
Illinois, any local governmental body, and any agency or | ||
instrumentality, corporate or otherwise, thereof. | ||
"Governor" means the Governor of the State of Illinois. | ||
"Intermodal" means a type of international freight system | ||
that permits transshipping among rivers, sea, highway, rail, | ||
and air modes of transportation through use of | ||
ANSI/International Organization for Standardization | ||
containers, line haul assets, and handling equipment. | ||
"Navigable waters" mean any public waters that are or can | ||
be made usable for water commerce. | ||
"Person" means any individual, firm, partnership, trust, | ||
corporation, both domestic and foreign, company, association, | ||
or joint stock association, and includes any trustee, receiver, | ||
assignee, or personal representative thereof. | ||
"Port facilities" means all public and other buildings, | ||
structures, works, improvements, and equipment, except |
terminal facilities as defined in this Section, that are upon, | ||
in, over, under, adjacent, or near to navigable waters, | ||
harbors, rivers, slips, and basins and that are necessary or | ||
useful for or incident to the furtherance of water and land | ||
commerce and the operation of small boats and pleasure craft. | ||
"Port facilities" includes the excavating, widening, and | ||
deepening of basins, slips, harbors, rivers and navigable | ||
waters. Port facilities also means all lands, buildings, | ||
structures, improvements, equipment, and appliances located on | ||
district property that are used for industrial, manufacturing, | ||
commercial, or recreational purposes. | ||
"Private aircraft" means any aircraft other than public and | ||
commercial aircraft. | ||
"Public aircraft" means an aircraft used exclusively in the | ||
governmental service of the United States, or of any state or | ||
any public agency, including military and naval aircraft. | ||
"Public airport" means an airport owned by a Port District, | ||
an airport authority, or other public agency, which is used or | ||
is intended for use by public, commercial and private aircraft | ||
and by persons owning, managing, operating or desiring to use, | ||
inspect or repair any such aircraft or to use any such airport | ||
for aeronautical purposes. | ||
"Public incinerator" means a facility for the disposal of | ||
waste by incineration by any means or method for public use, | ||
including, but not limited to, incineration and disposal of | ||
industrial wastes. |
"Public interest" means the protection, furtherance, and | ||
advancement of the general welfare and of public health and | ||
safety and public necessity and convenience. | ||
"Revenue bond" means any bond issued by the District the | ||
principal and interest of which bond is payable solely from | ||
revenues or income derived from terminal, terminal facilities | ||
or port facilities of the District. | ||
"Terminal" means a public place, station, or depot for | ||
receiving and delivering baggage, mail, freight, or express | ||
matter and for any combination of such purposes, in connection | ||
with the transportation of persons and property on water or | ||
land or in the air. | ||
"Terminal facilities" means all land, buildings, | ||
structures, improvements, equipment, and appliances useful in | ||
the operation of public warehouse, storage, and transportation | ||
facilities and industrial, manufacturing, processing and | ||
conversion activities for the accommodation of or in connection | ||
with commerce by water, land, or air or useful as an aid to | ||
further the public interest, or constituting an advantage or | ||
convenience to the safe landing, taking off, and navigation of | ||
aircraft, or the safe and efficient operation or maintenance of | ||
a public airport; except that nothing in this definition shall | ||
be interpreted as granting authority to the District to | ||
acquire, purchase, create, erect, or construct a bridge across | ||
any waterway which serves as a boundary between the State of | ||
Illinois and any other state. |
Section 3. Upper Mississippi River International Port | ||
District created. There is created a political subdivision, | ||
body politic, and municipal corporation by the name of the | ||
Upper Mississippi River International Port District embracing | ||
all the area within the corporate limits of Carroll County and | ||
Jo Daviess County. Territory may be annexed to the District in | ||
the manner provided in this Act. The District may sue and be | ||
sued in its corporate name, but execution shall not in any case | ||
issue against any property of the District. It may adopt a | ||
common seal and change the same at its pleasure. | ||
Section 4. Property of District; exemption. All property of | ||
every kind belonging to the Upper Mississippi River | ||
International Port District shall be exempt from taxation, | ||
provided that a tax may be levied upon a lessee of the District | ||
by reason of the value of a leasehold estate separate and apart | ||
from the fee or upon any improvements that are constructed and | ||
owned by persons other than the District. | ||
All property of the Upper Mississippi River International | ||
Port District shall be construed as constituting public grounds | ||
owned by a municipal corporation and used exclusively for | ||
public purposes within the tax exemption provisions of Sections | ||
15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 | ||
of the Property Tax Code. |
Section 5. Duties. The Port District shall have all of the | ||
following duties: | ||
(a) To study the existing harbor plans within the area of | ||
the District and to recommend to the appropriate governmental | ||
agency, including the General Assembly, any changes and | ||
modifications that may, from time to time, be required by | ||
continuing development and to meet changing business and | ||
commercial needs. | ||
(b) To make an investigation of conditions within the area | ||
of the District and to prepare and adopt a comprehensive plan | ||
for the development of port facilities and intermodal | ||
facilities for the District. In preparing and recommending | ||
changes and modifications in existing harbor plans or a | ||
comprehensive plan for the development of port facilities and | ||
intermodal facilities, the District may, if it deems desirable, | ||
set aside and allocate an area or areas within the land | ||
acquired by it or held by it to be used and operated by the | ||
District or leased to private parties for industrial, | ||
manufacturing, commercial, recreational, or harbor purposes, | ||
where the area or areas are not, in the opinion of the | ||
District, required for its primary purposes in the development | ||
of intermodal, harbor, and port facilities for the use of | ||
public water and land transportation, or will not be | ||
immediately needed for those purposes, and where the use and | ||
operation or leasing will in the opinion of the District aid | ||
and promote the development of intermodal, terminal, and port |
facilities. | ||
(c) To study and make recommendations to the proper | ||
authority for the improvement of terminal, lighterage, | ||
wharfage, warehousing, transfer, and other facilities | ||
necessary for the promotion of commerce and the interchange of | ||
traffic within, to, and from the District. | ||
(d) To study, prepare, and recommend by specific proposals | ||
to the General Assembly changes in the jurisdiction of the | ||
District. | ||
(e) To petition any federal, State, municipal, or local | ||
authority, administrative, judicial, and legislative, having | ||
jurisdiction in the District for the adoption and execution of | ||
the physical improvement, change in method, system of handling | ||
freight, warehousing, docking, lightering, and transfer | ||
freight that, in the opinion of the District, may be designed | ||
to improve or better the handling of commerce in and through | ||
the District or improve terminal or transportation facilities | ||
within the District. | ||
(f) To foster, stimulate, and promote the shipment of | ||
cargoes and commerce through ports, whether originating within | ||
or without the State of Illinois or the United States of | ||
America. | ||
(g) To acquire, construct, own, lease, and develop | ||
terminals, harbors, wharf facilities, piers, docks, | ||
warehouses, bulk terminals, grain elevators, boats, and other | ||
harbor crafts, and any other port facility or port-related |
facility or service, such as railroads, that it finds necessary | ||
and convenient. | ||
(h) To perform any other act or function that may tend to | ||
or be useful toward development and improvement of harbors, | ||
river ports, and port-related facilities and services and to | ||
increase foreign and domestic commerce through the harbors and | ||
ports within the Port District. | ||
(i) To study and make recommendations for river resources | ||
management and environmental education within the District, | ||
including but not limited to, wetlands banks, mitigation areas, | ||
water retention and sedimentation areas, fish hatcheries, or | ||
wildlife sanctuaries, natural habitat, and native plant | ||
research. | ||
Section 6. Changes in harbor plans. Any changes and | ||
modifications in harbor plans within the area of the Port | ||
District from time to time recommended by the District or any | ||
comprehensive plan for the development of the port facilities | ||
adopted by the District under the authority granted by this Act | ||
shall be submitted to the Department of Natural Resources for | ||
approval, and approval by the Department of Natural Resources | ||
shall be conclusive evidence, for all purposes, that these | ||
changes and modifications conform to the provisions of this | ||
Act. | ||
Section 7. Rights and powers. The Port District shall have |
the following rights and powers: | ||
(a) to issue permits for the construction of all harbors, | ||
wharves, piers, dolphins, booms, weirs, breakwaters, | ||
bulkheads, jetties, bridges, or other structures of any kind | ||
over, under, in, or within 40 feet of any navigable waters | ||
within the District; for the excavation or deposit of rock, | ||
earth, sand, or other material; or for any matter of any kind | ||
or description in those waters; | ||
(b) to prevent or remove obstructions, including the | ||
removal of wrecks; | ||
(c) to locate and establish dock lines and shore or harbor | ||
lines; | ||
(d) to acquire, own, construct, sell, lease, operate, and | ||
maintain port and harbor, water, and land terminal facilities | ||
and, subject to the provisions of Section 8, to operate or | ||
contract for the operation of those facilities, and to fix and | ||
collect just, reasonable, and non-discriminatory charges, | ||
rentals, or fees for the use of those facilities. The charges, | ||
rentals, or fees so collected shall be made available to defray | ||
the reasonable expenses of the District and to pay the | ||
principal of and interest on any revenue bonds issued by the | ||
District; | ||
(e) to enter into any agreement or contract with any | ||
airport for the use of airport facilities to the extent | ||
necessary to carry out any of the purposes of the District; | ||
(f) to locate, establish, and maintain a public airport, |
public airports, and public airport facilities within its | ||
corporate limits or within or upon any body of water adjacent | ||
thereto, and to construct, develop, expand, extend, and improve | ||
any such airport or airport facilities; | ||
(g) to operate, maintain, manage, lease, or sublease for | ||
any period not exceeding 99 years, and to make and enter into | ||
contracts for the use, operation, or management of, and to | ||
provide rules and regulations for, the operation, management, | ||
or use of any public airport or public airport facility; | ||
(h) to fix, charge, and collect reasonable rentals, tolls, | ||
fees, and charges for the use of any public airport, or any | ||
part thereof, or any public airport facility; | ||
(i) to establish, maintain, extend, and improve roadways | ||
and approaches by land, water, or air to any such airport and | ||
to contract or otherwise provide, by condemnation if necessary, | ||
for the removal of any airport hazard or the removal or | ||
relocation of all private structures, railways, mains, pipes, | ||
conduits, wires, poles, and all other facilities and equipment | ||
which may interfere with the location, expansion, development, | ||
or improvement of airports or with the safe approach thereto or | ||
take off there from by aircraft, and to pay the cost of removal | ||
or relocation; and, subject to the Airport Zoning Act, to | ||
adopt, administer and enforce airport zoning regulations for | ||
territory which is within its corporate limits or which extends | ||
not more than 2 miles beyond its corporate limits; | ||
(j) To the extent authorized by the Intergovernmental |
Cooperation Act, to enter into any agreements with any other | ||
public agency of this State, including other port districts; | ||
(k) To the extent authorized by any interstate compact, to | ||
enter into agreements with any other state or unit of local | ||
government of any other state; and | ||
(l) To enter into contracts dealing in any manner with the | ||
objects and purposes of this Act. | ||
(m) To police its physical property only and all waterways | ||
and to exercise police powers in respect thereto or in respect | ||
to the enforcement of any rule or regulation provided by the | ||
ordinances of the District and to employ and commission police | ||
officers and other qualified persons to enforce the same. The | ||
use of any such public airport or public airport facility of | ||
the District shall be subject to the reasonable regulation and | ||
control of the District and upon such reasonable terms and | ||
conditions as shall be established by its Board. A regulatory | ||
ordinance of the District adopted under any provision of this | ||
Section may provide for a suspension or revocation of any | ||
rights or privileges within the control of the District for a | ||
violation of any such regulatory ordinance. Nothing in this | ||
Section or in other provisions of this Act shall be construed | ||
to authorize the Board to establish or enforce any regulation | ||
or rule in respect to aviation, or the operation or maintenance | ||
of any airport facility within its jurisdiction, which is in | ||
conflict with any federal or State law or regulation applicable | ||
to the same subject matter; |
(n) To establish, employ, and provide a fire protection | ||
unit within the physical property of the District; | ||
(o) To acquire, own, sell, convey, construct, lease for any | ||
period not exceeding 99 years, manage, operate, expand, | ||
develop, and maintain any telephone system, including, but not | ||
limited to, all equipment, materials, and facilities necessary | ||
or incidental to that telephone or other communication system, | ||
for use, at the option of the District and upon payment of a | ||
reasonable fee set by the District, of any tenant or occupant | ||
situated on any former military base owned or leased by the | ||
District or which is located within its jurisdictional | ||
boundaries; | ||
(p) To acquire, operate, maintain, manage, lease, or | ||
sublease for any period not exceeding 99 years any former | ||
military base owned or leased by the District and within its | ||
jurisdictional boundaries, to make and enter into any contract | ||
for the use, operation, or management of any former military | ||
base owned or leased by the District and located within its | ||
jurisdictional boundaries, and to provide rules and | ||
regulations for the development, redevelopment, and expansion | ||
of any former military base owned or leased by the District or | ||
which is located within the jurisdictional boundaries of the | ||
District; | ||
(q) To acquire, locate, establish, re-establish, expand or | ||
renew, construct or reconstruct, operate, and maintain any | ||
facility, building, structure, or improvement for a use or a |
purpose consistent with any use or purpose of any former | ||
military base owned or leased by the District or which is | ||
located within its jurisdictional boundaries; | ||
(r) To cause to be incorporated one or more subsidiary | ||
business corporations, wholly owned by the District, to own, | ||
operate, maintain, and manage facilities and services related | ||
to any telephone or other communication system, pursuant to | ||
paragraph (o) of this Section. A subsidiary corporation formed | ||
pursuant to this paragraph shall (i) be deemed a | ||
telecommunications carrier, as that term is defined in Section | ||
13-202 of the Public Utilities Act, (ii) have the right to | ||
apply to the Illinois Commerce Commission for a Certificate of | ||
Service Authority or a Certificate of Interexchange Service | ||
Authority, and (iii) have the powers necessary to carry out | ||
lawful orders of the Illinois Commerce Commission; | ||
(s) To acquire, improve, develop, or redevelop any former | ||
military base situated within the boundaries of the District, | ||
in Carroll County, Jo Daviess County, or both, and acquired by | ||
the District from the federal government, acting by and through | ||
the United States Maritime Administration, pursuant to any plan | ||
for redevelopment, development, or improvement of that | ||
military base by the District that is approved by the United | ||
States Maritime Administration under the terms and conditions | ||
of conveyance of the former military base to the District by | ||
the federal government. |
Section 8. Contracts for the operation of warehouses and | ||
storage facilities. Any public warehouse or other public | ||
storage facility owned or otherwise controlled by the District | ||
shall be operated by persons under contracts with the District. | ||
Any contract shall reserve reasonable rentals or other charges | ||
payable to the district sufficient to pay the cost of | ||
maintaining, repairing, regulating, and operating the | ||
facilities and to pay the principal of and interest on any | ||
revenue bonds issued by the District and may contain any other | ||
conditions that may be mutually agreed upon. However, upon the | ||
breach of a contract or if no contract is in existence as to | ||
any facility, the District shall temporarily operate the | ||
facility until a contract for its operation can be negotiated. | ||
Section 9. Procedure for leases or contracts for operation | ||
of warehouses and storage facilities. All leases or other | ||
contracts for operation of any public warehouse or public grain | ||
elevator to which this Section is applicable owned or otherwise | ||
controlled by the District shall be governed by the following | ||
procedures. Notice shall be given by the District that bids | ||
will be received for the operation of the public warehouse or | ||
public grain elevator. This notice shall state the time within | ||
which and the place where bids may be submitted, the time and | ||
place of opening of bids, and shall be published not more than | ||
30 days nor less than 15 days in advance of the first day for | ||
the submission of bids in any one or more newspapers designated |
by the District that have a general circulation within the | ||
District. The notice shall specify sufficient data of the | ||
proposed operation to enable bidders to understand the scope of | ||
the operation; provided, however, that contracts that by their | ||
nature are not adapted to award by competitive bidding, such as | ||
contracts for the services of individuals possessing a high | ||
degree of personal skill, contracts for the purchase or binding | ||
of magazines, books, periodicals, pamphlets, reports, and | ||
similar articles, and contracts for utility services such as | ||
water, light, heat, telephone, or telegraph, shall not be | ||
subject to the competitive bidding requirements of this | ||
Section, but may not be awarded without the affirmative vote of | ||
three-fifths of the Board. | ||
The Board may, by ordinance, promulgate reasonable | ||
regulations prescribing the qualifications of the bidders as to | ||
experience, adequacy of equipment, ability to complete | ||
performance within the time set, and other factors in addition | ||
to financial responsibility, and may, by ordinance, provide for | ||
suitable performance guaranties to qualify a bid. Copies of all | ||
regulations shall be made available to all bidders. | ||
The District may determine in advance the minimum rental | ||
that should be produced by the public warehouse or public grain | ||
elevator offered and, if no qualified bid will produce the | ||
minimum rental, all bids may be rejected and the District shall | ||
then re-advertise for bids. If after the re-advertisement no | ||
responsible and satisfactory bid within the terms of the |
advertisement is received, the District may then negotiate a | ||
lease for not less than the amount of minimum rental so | ||
determined. If, after negotiating for a lease as provided in | ||
this Section, it is found necessary to revise the minimum | ||
rental to be produced by the facilities offered for lease, then | ||
the District shall again re-advertise for bids, as provided in | ||
this Section, before negotiating a lease. | ||
If the District shall temporarily operate any public | ||
warehouse or public grain elevator, the temporary operation | ||
shall not continue for more than one year without advertising | ||
for bids for the operation of the facility as provided in this | ||
Section. | ||
Section 10. Compliance; prompt payment. Purchases made | ||
pursuant to this Act shall be made in compliance with the Local | ||
Government Prompt Payment Act. | ||
Section 11. Acquisition of property. The District has power | ||
to acquire and accept by purchase, lease, gift, grant, or | ||
otherwise any property and rights useful for its purposes and | ||
to provide for the development of channels, ports, harbors, | ||
airports, airfields, terminals, port facilities and terminal | ||
facilities adequate to serve the needs of commerce within the | ||
District. The District may acquire real or personal property or | ||
any rights therein in the manner, as near as may be, as is | ||
provided for the exercise of the right of eminent domain under |
the Eminent Domain Act; except that no rights or property of | ||
any kind or character now or hereafter owned, leased, | ||
controlled or operated and used by, or necessary for the actual | ||
operations of, any common carrier engaged in interstate | ||
commerce, or of any other public utility subject to the | ||
jurisdiction of the Illinois Commerce Commission, shall be | ||
taken or appropriated by the District without first obtaining | ||
the approval of the Illinois Commerce Commission and except | ||
that no property owned by any municipality or village within | ||
the District shall be taken or appropriated without first | ||
obtaining the consent of such municipality or village. | ||
Also, the District may lease to others for any period of | ||
time, not to exceed 99 years, upon such terms as its Board may | ||
determine, any of its real property, rights of way or | ||
privileges, or any interest therein, or any part thereof, for | ||
industrial, manufacturing, commercial, or harbor purposes. In | ||
conjunction with such leases, the District may grant rights of | ||
way and privileges across the property of the District, which | ||
rights of way and privileges may be assignable and irrevocable | ||
during the term of any such lease and may include the right to | ||
enter upon the property of the District to do such things as | ||
may be necessary for the enjoyment of those leases, rights of | ||
way, and privileges, and those leases may contain such | ||
conditions and retain such interest therein as may be deemed | ||
for the best interest of the District by the Board. | ||
Also, the District shall have the right to grant easements |
and permits for the use of any real property, rights of way or | ||
privileges that, in the opinion of the Board, will not | ||
interfere with the use thereof by the District for its primary | ||
purposes and those easements and permits may contain such | ||
conditions and retain such interest therein as may be deemed | ||
for the best interest of the District by the Board. | ||
With respect to any and all leases, easements, rights of | ||
way, privileges and permits made or granted by the Board, the | ||
Board may agree upon and collect the rentals, charges and fees | ||
that may be deemed for the best interest of the District. | ||
Except as provided in this Act for interim financing, the | ||
rentals, charges and fees shall be used to defray the | ||
reasonable expenses of the District and to pay the principal of | ||
and interest on any revenue bonds issued by the District. | ||
Section 12. Eminent domain. Notwithstanding any other | ||
provision of this Act, any power granted under this Act to | ||
acquire property by condemnation or eminent domain is subject | ||
to, and shall be exercised in accordance with, the Eminent | ||
Domain Act. | ||
Section 13. Grants and loans. The District has power to | ||
apply for and accept grants, loans, or appropriations from the | ||
federal government, the State of Illinois, Carroll County, Jo | ||
Daviess County, or any agency or instrumentality thereof to be | ||
used for any of the purposes of the District and to enter into |
any agreements with the federal, State, and county governments | ||
in relation to such grants, loans or appropriations. | ||
The District may petition any federal, State, municipal, or | ||
local authority, administrative, judicial and legislative, | ||
having jurisdiction in the premises, for the adoption and | ||
execution of any physical improvement, change in method or | ||
system of handling freight, warehousing, docking, lightering, | ||
and transfer of freight, which in the opinion of the District | ||
is designed to improve or better the handling of commerce in | ||
and through the Port District or improve terminal or | ||
transportation facilities therein. | ||
Section 14. Insurance contracts. The District has power to | ||
procure and enter into contracts for any type of insurance or | ||
indemnity against loss or damage to property from any cause, | ||
including loss of use and occupancy, against death or injury of | ||
any person, against employers' liability, against any act of | ||
any member, officer, or employee of the District in the | ||
performance of the duties of his office or employment or any | ||
other insurable risk. | ||
Section 15. Foreign trade zones and sub-zones. The District | ||
has power to acquire or to apply to the proper authorities of | ||
the United States of America under the appropriate law for the | ||
right to establish, operate, maintain, and lease foreign trade | ||
zones and sub-zones within the jurisdiction of the United |
States Customs Service and to establish, operate, maintain, and | ||
lease the foreign trade zones and sub-zones. | ||
Section 16. Authorization to borrow moneys. The District's | ||
Board may borrow money from any bank or other financial | ||
institution and may provide appropriate security for that | ||
borrowing, if the money is repaid within 3 years after the | ||
money is borrowed. "Financial institution" means any bank | ||
subject to the Illinois Banking Act, any savings and loan | ||
association subject to the Illinois Savings and Loan Act of | ||
1985, any savings bank subject to the Savings Bank Act, and any | ||
federally chartered commercial bank or savings and loan | ||
association organized and operated in this State pursuant to | ||
the laws of the United States. | ||
Section 17. Borrowing money; revenue bonds. | ||
(a) The district has the continuing power to borrow money | ||
for the purpose of acquiring, constructing, reconstructing, | ||
extending, operating, or improving terminals, terminal | ||
facilities, intermodal facilities, and port facilities; for | ||
acquiring any property and equipment useful for the | ||
construction, reconstruction, extension, improvement, or | ||
operation of its terminals, terminal facilities, intermodal | ||
facilities, and port facilities; and for acquiring necessary | ||
cash working funds. For the purpose of evidencing the | ||
obligation of the District to repay any money borrowed, the |
District may, by ordinances adopted by the Board from time to | ||
time, issue and dispose of its interest bearing revenue bonds, | ||
notes, or certificates and may also from time to time issue and | ||
dispose of its interest bearing revenue bonds, notes, or | ||
certificates to refund any bonds, notes, or certificates at | ||
maturity or by redemption provisions or at any time before | ||
maturity with the consent of the holders thereof. | ||
(b) All bonds, notes, and certificates shall be payable | ||
solely from the revenues or income to be derived from the | ||
terminals, terminal facilities, intermodal facilities, and | ||
port facilities or any part thereof; may bear any date or | ||
dates; may mature at any time or times not exceeding 40 years | ||
from their respective dates; may bear interest at any rate or | ||
rates payable semiannually; may be in any form; may carry any | ||
registration privileges; may be executed in any manner; may be | ||
payable at any place or places; may be made subject to | ||
redemption in any manner and upon any terms, with or without | ||
premium that is stated on the face thereof; may be | ||
authenticated in any manner; and may contain any terms and | ||
covenants as may be provided in the ordinance. The holder or | ||
holders of any bonds, notes, certificates, or interest coupons | ||
appertaining to the bonds, notes, and certificates issued by | ||
the District may bring civil actions to compel the performance | ||
and observance by the District or any of its officers, agents, | ||
or employees of any contract or covenant made by the District | ||
with the holders of those bonds, notes, certificates, or |
interest coupons and to compel the District and any of its | ||
officers, agents, or employees to perform any duties required | ||
to be performed for the benefit of the holders of any bonds, | ||
notes, certificates, or interest coupons by the provision in | ||
the ordinance authorizing their issuance, and to enjoin the | ||
District and any of its officers, agents, or employees from | ||
taking any action in conflict with any such contract or | ||
covenant, including the establishment of charges, fees, and | ||
rates for the use of facilities as provided in this Act. | ||
Notwithstanding the form and tenor of any bonds, notes, or | ||
certificates and in the absence of any express recital on the | ||
face thereof that it is nonnegotiable, all bonds, notes, and | ||
certificates shall be negotiable instruments. Pending the | ||
preparation and execution of any bonds, notes, or certificates, | ||
temporary bonds, notes, or certificates may be issued with or | ||
without interest coupons as may be provided by ordinance. | ||
(c) The bonds, notes, or certificates shall be sold by the | ||
corporate authorities of the District in any manner that the | ||
corporate authorities shall determine, except that if issued to | ||
bear interest at the minimum rate permitted by the Bond | ||
Authorization Act, the bonds shall be sold for not less than | ||
par and accrued interest and except that the selling price of | ||
bonds bearing interest at a rate less than the maximum rate | ||
permitted in that Act shall be such that the interest cost to | ||
the District of the money received from the bond sale shall not | ||
exceed such maximum rate annually computed to absolute maturity |
of said bonds or certificates according to standard tables of | ||
bond values. | ||
(d) From and after the issue of any bonds, notes, or | ||
certificates as provided in this Section, it shall be the duty | ||
of the corporate authorities of the District to fix and | ||
establish rates, charges, and fees for the use of facilities | ||
acquired, constructed, reconstructed, extended, or improved | ||
with the proceeds derived from the sale of the bonds, notes, or | ||
certificates sufficient at all times with other revenues of the | ||
District, if any, to pay (i) the cost of maintaining, | ||
repairing, regulating, and operating the facilities and (ii) | ||
the bonds, notes, or certificates and interest thereon as they | ||
shall become due, all sinking fund requirements, and all other | ||
requirements provided by the ordinance authorizing the | ||
issuance of the bonds, notes, or certificates or as provided by | ||
any trust agreement executed to secure payment thereof. To | ||
secure the payment of any or all of bonds, notes, or | ||
certificates and for the purpose of setting forth the covenants | ||
and undertaking of the District in connection with the issuance | ||
of those bonds, notes, or certificates and the issuance of any | ||
additional bonds, notes, or certificates payable from revenue | ||
income to be derived from the terminals, terminal facilities, | ||
intermodal facilities, and port facilities the District may | ||
execute and deliver a trust agreement or agreements. A lien | ||
upon any physical property of the District may be created by | ||
the trust agreement. A remedy for any breach or default of the |
terms of any trust agreement by the District may be by mandamus | ||
proceedings in the circuit court to compel performance and | ||
compliance with the agreement, but the trust agreement may | ||
prescribe by whom or on whose behalf the action may be | ||
instituted. | ||
Section 18. Bonds not obligations of the State or District. | ||
Under no circumstances shall any bonds, notes, or certificates | ||
issued by the District or any other obligation of the District | ||
be or become an indebtedness or obligation of the State or of | ||
any other political subdivision of or municipality within the | ||
State, nor shall any bond, note, certificate, or obligation be | ||
or become an indebtedness of the District within the purview of | ||
any constitutional limitation or provision. It shall be plainly | ||
stated on the face of each bond, note, and certificate that it | ||
does not constitute an indebtedness or obligation but is | ||
payable solely from the revenues or income of the District. | ||
Section 19. Revenue bonds as legal investments. The State | ||
and all counties, municipalities, villages, incorporated towns | ||
and other municipal corporations, political subdivisions, | ||
public bodies, and public officers of any thereof; all banks, | ||
bankers, trust companies, savings banks and institutions, | ||
building and loan associations, savings and loan associations, | ||
investment companies, and other persons carrying on a banking | ||
business; all insurance companies, insurance associations, and |
other persons carrying on an insurance business; and all | ||
executors, administrators, guardians, trustees, and their | ||
fiduciaries may legally invest any sinking funds, moneys, or | ||
other funds belonging to them or within their control in any | ||
bonds, notes, or certificates issued under this Act. It is the | ||
purpose of this Section to authorize the investment in bonds, | ||
notes, or certificates of all sinking, insurance, retirement, | ||
compensation, pension, and trust funds, whether owned or | ||
controlled by private or public persons or officers; provided, | ||
however, that nothing contained in this Section may be | ||
construed as relieving any person from any duty of exercising | ||
reasonable care in selecting securities for purchase or | ||
investment. | ||
Section 20. Permits. It shall be unlawful to make any fill | ||
or deposit of rock, earth, sand, or other material, or any | ||
refuse matter of any kind or description, or build or commence | ||
the building of any wharf, pier, dolphin, boom, weir, | ||
breakwater, bulkhead, jetty, bridge, or other structure over, | ||
under, in, or within 40 feet of any navigable waters within the | ||
District without first submitting the plans, profiles, and | ||
specifications for it, and any other data and information that | ||
may be required, to the District and receiving a permit. Any | ||
person, corporation, company, municipality, or other agency | ||
that does any of the things prohibited in this Section without | ||
securing a permit is guilty of a Class A misdemeanor. Any |
structure, fill, or deposit erected or made in any of the | ||
public bodies of water within the District in violation of the | ||
provisions of this Section is declared to be a purpresture and | ||
may be abated as such at the expense of the person, | ||
corporation, company, city, municipality, or other agency | ||
responsible for it. If in the discretion of the District it is | ||
decided that the structure, fill, or deposit may remain, the | ||
District may fix any rule, regulation, requirement, | ||
restrictions, or rentals or require and compel any changes, | ||
modifications, and repairs that shall be necessary to protect | ||
the interest of the District. | ||
Section 21. Board of Commissioners. The governing and | ||
administrative body of the Port District shall be a Board of | ||
Commissioners consisting of 5 members, to be known as the Upper | ||
Mississippi River International Port District Board. All | ||
members of the Board shall be residents of the District and | ||
shall be known as Commissioners of the Upper Mississippi River | ||
International Port District Board. The members of the Board may | ||
serve with compensation not to exceed $6,000 per year and shall | ||
be reimbursed for actual expenses incurred by them in the | ||
performance of their duties. No Commissioner of the Board shall | ||
have any private financial interest, profit or benefit in any | ||
contract, work or business of the District nor in the sale or | ||
lease of any property to or from the District, except to the | ||
extent allowed under The Public Officer Prohibited Activities |
Act. | ||
Section 22. Appointment of Board. The Governor shall | ||
appoint one member of the Board and the County Board Chairs of | ||
Jo Daviess and Carroll Counties shall each appoint 2 members of | ||
the Board. Of the 4 members appointed by the County Board | ||
Chairs, no more than 2 shall be associated with the same | ||
political party. All initial appointments shall be made within | ||
60 days after this Act takes effect. The one member appointed | ||
by the Governor shall be appointed for an initial term expiring | ||
June 1, 2012. Of the terms of the members initially appointed | ||
by the County Board Chairs, 2 shall expire June 1, 2011 and 2 | ||
shall expire June 1, 2012. At the expiration of the term of any | ||
member, his or her successor shall be appointed by the Governor | ||
or the County Board Chairs in like manner and with like regard | ||
to place of residence of the appointee, as in the case of | ||
appointments for the initial terms. | ||
After the expiration of initial terms, each successor shall | ||
hold office for a term of 3 years from the first day of June of | ||
the year in which the term of office commences. In the case of | ||
a vacancy during the term of office of any member appointed by | ||
the Governor, the Governor shall make an appointment for the | ||
remainder of the term vacant and until a successor is appointed | ||
and qualified. In case of a vacancy during the term of office | ||
of any member appointed by a County Board Chair, the proper | ||
County Board Chair shall make an appointment for the remainder |
of the term vacant and until a successor is appointed and | ||
qualified. The Governor and each County Board Chair shall | ||
certify their respective appointments to the Secretary of | ||
State. Within 30 days after certification of his or her | ||
appointment, and before entering upon the duties of his or her | ||
office, each member of the Board shall take and subscribe the | ||
constitutional oath of office and file it in the office of the | ||
Secretary of State.
| ||
Section 23. Removal of Board members; vacancies. Members of | ||
the Board shall hold office until their respective successors | ||
have been appointed and qualified. Any member may resign from | ||
his or her office to take effect when his or her successor has | ||
been appointed and has qualified. The Governor and each County | ||
Board Chair may remove any member of the Board they have | ||
appointed in case of incompetency, neglect of duty, or | ||
malfeasance in office. They shall give such member a copy of | ||
the charges against him or her and an opportunity to be | ||
publicly heard in person or by counsel in his or her own | ||
defense upon not less than 10 days' notice. In case of failure | ||
to qualify within the time required, or of abandonment of his | ||
or her office, or in case of death, conviction of a felony or | ||
removal from office, the office of such member shall become | ||
vacant. Each vacancy shall be filled for the unexpired term by | ||
appointment in like manner as in case of expiration of the term | ||
of a member of the Board. |
Section 24. Organization of Board. As soon as possible | ||
after the appointment of the initial members, the Board shall | ||
organize for the transaction of business, select a chairperson | ||
and a temporary secretary from its own number, and adopt bylaws | ||
and regulations to govern its proceedings. The initial | ||
chairperson and successors shall be elected by the Board from | ||
time to time for a term of office as provided in the District | ||
bylaws. However, such term of office shall not exceed his or | ||
her term of office as a member of the Board. | ||
Section 25. Board meetings. Regular meetings of the Board | ||
shall be held at least once in each calendar month, the time | ||
and place of such meetings to be fixed by the Board. Three | ||
members of the Board shall constitute a quorum for the | ||
transaction of business. All action of the Board shall be by | ||
ordinance or resolution and the affirmative vote of at least 3 | ||
members shall be necessary for the adoption of any ordinance or | ||
resolution. All such ordinances and resolutions before taking | ||
effect shall be approved by the chair of the Board, and if the | ||
chair approves, the chair shall sign the same, and if the chair | ||
does not approve the chair shall return to the Board with his | ||
or her objections in writing at the next regular meeting of the | ||
Board occurring after passage. But in the case the chair fails | ||
to return any ordinance or resolution with the objections | ||
within the prescribed time, he or she shall be deemed to have |
approved the ordinance or resolution and it shall take effect | ||
accordingly. Upon the return of any ordinance or resolution by | ||
the chair with objections, the vote shall be reconsidered by | ||
the Board, and if, upon such reconsideration of the ordinance | ||
or resolution, it is passed by the affirmative vote of at least | ||
4 members, it shall go into effect notwithstanding the veto of | ||
the chair. All ordinances, resolutions and all proceedings of | ||
the District and all documents and records in its possession | ||
shall be public records, and open to public inspection, except | ||
such documents and records as are kept or prepared by the Board | ||
for use in negotiations, legal actions or proceedings to which | ||
the District is a party. | ||
Section 26. Secretary and treasurer. The Board shall | ||
appoint a secretary and a treasurer, who need not be members of | ||
the Board, to hold office during the pleasure of the Board, and | ||
fix their duties and compensation. The secretary and treasurer | ||
shall be residents of the District. Before entering upon the | ||
duties of their respective offices they shall take and | ||
subscribe the constitutional oath of office, and the treasurer | ||
shall execute a bond with corporate sureties to be approved by | ||
the Board. The bond shall be payable to the District in | ||
whatever penal sum may be directed by the Board conditioned | ||
upon the faithful performance of the duties of the office and | ||
the payment of all money received by him or her according to | ||
law and the orders of the Board. The Board may, at any time, |
require a new bond from the treasurer in such penal sum as may | ||
then be determined by the Board. The obligation of the sureties | ||
shall not extend to any loss sustained by the insolvency, | ||
failure or closing of any savings and loan association or | ||
federal or State bank wherein the treasurer has deposited funds | ||
if the bank or savings and loan association has been approved | ||
by the Board as a depositary for these funds. The oaths of | ||
office and the treasurer's bond shall be filed in the principal | ||
office of the District.
| ||
Section 27. Deposits. All funds deposited by the treasurer | ||
in any bank or savings and loan association shall be placed in | ||
the name of the District and shall be withdrawn or paid out | ||
only by check or draft upon the bank or savings and loan | ||
association, signed by the treasurer and countersigned by the | ||
chair of the Board. Subject to prior approval of such | ||
designations by a majority of the Board, the chair may | ||
designate any other Board member or any officer of the District | ||
to affix the signature of the chair and the treasurer may | ||
designate any other officer of the District to affix the | ||
signature of the treasurer to any check or draft for payment of | ||
salaries or wages and for payment of any other obligation of | ||
not more than $2,500.00. | ||
No bank or savings and loan association shall receive | ||
public funds as permitted by this Section, unless it has | ||
complied with the requirements established pursuant to Section |
6 of The Public Funds Investment Act. | ||
Section 28. Valid; checks and drafts. In case any officer | ||
whose signature appears upon any check or draft issued pursuant | ||
to this Act, ceases to hold his or her office before the | ||
delivery thereof to the payee, his or her signature | ||
nevertheless shall be valid and sufficient for all purposes | ||
with the same effect as if he had remained in office until | ||
delivery thereof. | ||
Section 29. Executive director. The Board may appoint an | ||
Executive Director who shall be a person of recognized ability | ||
and business experience to hold office during the pleasure of | ||
the Board. The Executive Director shall have management of the | ||
properties and business of the District and the employees | ||
thereof subject to the general control of the Board, shall | ||
direct the enforcement of all ordinances, resolutions, rules | ||
and regulations of the Board, and shall perform such other | ||
duties as may be prescribed from time to time by the Board. The | ||
Board may appoint a general attorney, a chief engineer, and a | ||
general manager to assist the Executive Director, and shall | ||
provide for the appointment of other officers, and the | ||
employment of additional attorneys, engineers, consultants, | ||
agents and employees as may be necessary. It shall define their | ||
duties and may require bonds of such of them as the Board may | ||
designate. The Executive Director, General Manager, General |
Attorney, Chief Engineer, and all other officers provided for | ||
pursuant to this Section shall be exempt from taking and | ||
subscribing any oath of office and shall not be members of the | ||
Board. The compensation of the Executive Director, General | ||
Manager, General Attorney, Chief Engineer, and all other | ||
officers, attorneys, consultants, agents and employees shall | ||
be fixed by the Board. | ||
Section 30. Ordinances. The Board has power to pass all | ||
ordinances and make all rules and regulations proper or | ||
necessary, and to carry into effect the powers granted to the | ||
District, with such fines or penalties as may be deemed proper. | ||
All fines and penalties shall be imposed by ordinances, which | ||
shall be published in a newspaper of general circulation | ||
published in the area embraced by the District. No such | ||
ordinance shall take effect until 10 days after its | ||
publication. | ||
Section 31. Financial statement. Within 60 days after the | ||
end of each fiscal year, the Board shall prepare and print a | ||
complete and detailed report and financial statement of the | ||
operations and assets and liabilities of the Port District. A | ||
reasonably sufficient number of copies of such report shall be | ||
printed for distribution to persons interested, upon request, | ||
and a copy shall be filed with the Governor and the County | ||
Clerk and the County Board Chair of Jo Daviess and Carroll |
Counties. | ||
Section 32. Investigations by the Board. The Board may | ||
investigate conditions in which it has an interest within the | ||
area of the District; the enforcement of its ordinances, rules, | ||
and regulations; and the action, conduct, and efficiency of all | ||
officers, agents, and employees of the District. In the conduct | ||
of investigations the Board may hold public hearings on its own | ||
motion and shall do so on complaint of any municipality within | ||
the District. Each member of the Board shall have power to | ||
administer oaths and the secretary, by order of the Board, | ||
shall issue subpoenas to secure the attendance and testimony of | ||
witnesses and the production of books and papers relevant to | ||
investigations and to any hearing before the Board or any | ||
member of the Board. | ||
Any circuit court of this State, upon application of the | ||
Board or any member of the Board, may in its discretion compel | ||
the attendance of witnesses, the production of books and | ||
papers, and giving of testimony before the Board, before any | ||
member of the Board, or before any officers' committee | ||
appointed by the Board by attachment for contempt or otherwise | ||
in the same manner as the production of evidence may be | ||
compelled before the court.
| ||
Section 33. Final review of administrative decisions. All | ||
final administrative decisions of the Board hereunder shall be |
subject to judicial review pursuant to the provisions of the | ||
Administrative Review Law, and all amendments and | ||
modifications thereof, and the rules adopted pursuant thereto. | ||
The term "administrative decision" is defined as in Section | ||
3-101 of the Code of Civil Procedure. | ||
Section 34. Non-applicability. The provisions of this Act | ||
shall not be considered as impairing, altering, modifying, | ||
repealing or superseding any of the jurisdiction or powers of | ||
the Illinois Commerce Commission or of the Department of | ||
Natural Resources under the Rivers, Lakes, and Streams Act. | ||
Nothing in this Act or done under its authority shall apply to, | ||
restrict, limit or interfere with the use of any terminal | ||
facility or port facility owned or operated by any private | ||
person for the storage or handling or transfer of any commodity | ||
moving in interstate commerce or the use of the land and | ||
facilities of a common carrier or other public utility and the | ||
space above such land and facilities in the business of such | ||
common carrier or other public utility, without approval of the | ||
Illinois Commerce Commission and without the payment of just | ||
compensation to any such common carrier or other public utility | ||
for damages resulting from any such restriction, limitation or | ||
interference. | ||
Section 35. Annexation. Territory that is contiguous to the | ||
District and that is not included within any other port |
district may be annexed to and become a part of the District in | ||
the manner provided in Section 36 or 37, whichever is | ||
applicable. | ||
Section 36. Petition for annexation. At least 5% of the | ||
legal voters residing within the limits of the proposed | ||
addition to the District shall petition the circuit court for a | ||
county in which a major part of the District is situated, to | ||
cause the question of whether the proposed additional territory | ||
shall become a part of the District to be submitted to the | ||
legal voters of the proposed additional territory. The petition | ||
shall be addressed to the court and shall contain a definite | ||
description of the boundaries of the territory to be embraced | ||
in the proposed addition. | ||
Upon the filing of any petition with the clerk of the | ||
court, the court shall fix a time and place for a hearing upon | ||
the subject of the petition. | ||
Notice shall be given by the court to whom the petition is | ||
addressed or by the circuit court clerk or sheriff of the | ||
county in which the petition is made at the order and direction | ||
of the court of the time and place of the hearing upon the | ||
subject of the petition at least 20 days before the hearing by | ||
at least one publication of the notice in any newspaper having | ||
general circulation within the area proposed to be annexed, and | ||
by mailing a copy of the notice to the mayor or president of | ||
the board of trustees of all cities, villages, and incorporated |
towns within the District. | ||
At the hearing, the District, all persons residing or | ||
owning property within the District, and all persons residing | ||
in or owning property situated in the area proposed to be | ||
annexed to the District may appear and be heard touching upon | ||
the sufficiency of the petition. If the court finds that the | ||
petition does not comply with the requirements of the law, the | ||
court shall dismiss the petition. If the court finds that the | ||
petition is sufficient, the court shall certify the petition | ||
and the proposition to the proper election officials who shall | ||
submit the proposition to the voters at an election under the | ||
general election law. In addition to the requirements of the | ||
general election law, the notice of the referendum shall | ||
include a description of the area proposed to be annexed to the | ||
District. The proposition shall be in substantially the | ||
following form: | ||
Shall (description of the territory proposed to be | ||
annexed) join the Upper Mississippi River | ||
International Port District? | ||
The votes shall be recorded as "Yes" or "No". | ||
The court shall cause a statement of the result of the | ||
referendum to be filed in the records of the court. | ||
If a majority of the votes cast upon the question of | ||
annexation to the District are in favor of becoming a part of | ||
the District, the court shall then enter an order stating that | ||
the additional territory shall thenceforth be an integral part |
of the Upper Mississippi River International Port District and | ||
subject to all of the benefits of service and responsibilities | ||
of the District. The circuit clerk shall transmit a certified | ||
copy of the order to the circuit clerk of any other county in | ||
which any of the territory affected is situated.
| ||
Section 37. Annexation of territory having no legal voters. | ||
If there is territory contiguous to the District that has no | ||
legal voters residing within it, a petition to annex the | ||
territory signed by all the owners of record of the territory | ||
may be filed with the circuit court for the county in which a | ||
major part of the District is situated. A time and place for a | ||
hearing on the subject of the petition shall be fixed and | ||
notice of the hearing shall be given in the manner provided in | ||
Section 36. At the hearing any owner of land in the territory | ||
proposed to be annexed, the District, and any resident of the | ||
District may appear and be heard touching on the sufficiency of | ||
the petition. If the court finds that the petition satisfies | ||
the requirements of this Section, it shall enter an order | ||
stating that thenceforth the territory shall be an integral | ||
part of the Upper Mississippi River International Port District | ||
and subject to all of the benefits of service and | ||
responsibilities of the District. The circuit clerk shall | ||
transmit a certified copy of the order of the court to the | ||
circuit clerk of any other county in which the annexed | ||
territory is situated. |
Section 38. Disconnection. The registered voters of a | ||
county included in the District may petition the State Board of | ||
Elections requesting the submission of the question of whether | ||
the county should be disconnected from the District to the | ||
electors of the county. The petition shall be circulated in the | ||
manner required by Section 28-3 of the Election Code and | ||
objections thereto and the manner of their disposition shall be | ||
in accordance with Section 28-4 of the Election Code. If a | ||
petition is filed with the State Board of Elections, signed by | ||
not less than 5% of the registered voters of the county or that | ||
portion of the county that is within the District, requesting | ||
that the question of disconnection be submitted to the electors | ||
of the county, the State Board of Elections must certify the | ||
question to the proper election authority, which must submit | ||
the question at a regular election held at least 78 days after | ||
the petition is filed in accordance with the Election Code. | ||
The question must be submitted in substantially the | ||
following form: | ||
Shall (name of county) be disconnected from the
| ||
Upper Mississippi River International Port District?
| ||
The votes must be recorded as "Yes" or "No". If a majority of | ||
the electors voting on the question vote in the affirmative, | ||
the county or portion of the county that is within the District | ||
shall be disconnected from the District. |
Section 39. Severability. If any provision of this Act or | ||
its application to any person or circumstance is held invalid, | ||
the invalidity of that provision or application does not affect | ||
other provisions or applications of this Act that can be given | ||
effect without the invalid provision or application. | ||
Section 40. Interference with private facilities. The | ||
provisions of this Act shall not be considered as impairing, | ||
altering, modifying, repealing, or superseding any of the | ||
jurisdiction or powers of the Illinois Commerce Commission or | ||
of the Department of Natural Resources under the Rivers, Lakes, | ||
and Streams Act. Nothing in this Act or done under its | ||
authority shall apply to, restrict, limit, or interfere with | ||
the use of any terminal, terminal facility, intermodal | ||
facility, or port facility owned or operated by any private | ||
person for the storage or handling or transfer of any commodity | ||
moving in interstate commerce or the use of the land and | ||
facilities of a common carrier or other public utility and the | ||
space above that land and those facilities or the right to use | ||
that land and those facilities in the business of any common | ||
carrier or other public utility, without approval of the | ||
Illinois Commerce Commission and without the payment of just | ||
compensation to any common carrier or other public utility for | ||
damages resulting from any restriction, limitation, or | ||
interference. |
Section 41. Non-applicability of conflicting provisions of | ||
the Illinois Municipal Code. The provisions of the Illinois | ||
Municipal Code shall not be effective within the area of the | ||
District insofar as the provisions of that Act conflict with | ||
the provisions of this Act or grant substantially the same | ||
powers to any municipal corporation that are granted to the | ||
District by this Act. | ||
Section 42. Authority to create and operate a utility | ||
district. The Upper Mississippi River International Port | ||
District shall have the authority to create and operate a | ||
utility district within the boundaries of the District | ||
providing that municipal utilities or annexation into a | ||
municipality utility district is not possible. The Port | ||
District shall have all responsibility and authority to provide | ||
and maintain water, sewer, gas lines, surface water drainage, | ||
roads, and rail infrastructures. The Port District shall also | ||
have the responsibility and authority to provide private | ||
utilities including electrical power, steam power, natural | ||
gas, telecommunications and data networking systems. | ||
The Port District may, after referendum approval, levy a | ||
tax for the purpose of financing and maintaining utility and | ||
infrastructure costs of the District annually at the rate | ||
approved by referendum. This tax shall not exceed 0.05% of the | ||
value of all taxable property within the Port District as | ||
equalized or assessed by the Department of Revenue. |
The tax may not be levied until the question of levying the | ||
tax has been submitted to the electors of the Port District at | ||
a regular election and approved by the majority of the electors | ||
voting on the question. The board must certify the question to | ||
the proper election authority, which must submit the question | ||
at an election in accordance with the Election Code. | ||
The election authority must submit the question in | ||
substantially the following form:
| ||
Shall the Upper Mississippi River International Port | ||
District be authorized to levy a tax at a rate not to | ||
exceed 0.05% of the value of all taxable property within | ||
the Port District as equalized or assessed by the | ||
Department of Revenue for the purpose of financing and | ||
maintaining utility and infrastructure costs of the | ||
District? | ||
The election authority must record the votes as "Yes" or "No". | ||
If a majority of the electors voting on the question vote in | ||
the affirmative, the Port District may levy the tax. | ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |