Public Act 099-0279
HB3664 EnrolledLRB099 09450 AWJ 29657 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The America's Central Port District Act is
amended by changing Sections 3, 3.1, and 4 as follows:
    (70 ILCS 1860/3)  (from Ch. 19, par. 286)
    Sec. 3. There is created a political subdivision, body
politic, and municipal corporation by the name of America's
Central Port District embracing the following territory in
Madison and Jersey Counties: all the territory included within
the townships of Granite City, Venice, Nameoki, Chouteau, Wood
River, Alton, Godfrey, and Elsah, and the City of Grafton
Quarry. Territory may be annexed to the District in the manner
hereinafter 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.
(Source: P.A. 98-854, eff. 1-1-15.)
    (70 ILCS 1860/3.1)  (from Ch. 19, par. 286.1)
    Sec. 3.1. It is declared that the main purpose of this Act
is to promote economic development, including industrial,
commercial and transportation activities, thereby reducing the
evils attendant upon unemployment and enhancing the public
health and welfare of this State.
    All property of every kind belonging to the Port District
shall be exempt from taxation, provided that taxes may be
assessed and levied upon a lessee of the District by reason of
the value of a leasehold estate separate and apart from the fee
or upon such improvements as are constructed and owned by
others than the District. All property of the District shall be
construed as constituting public property owned by a municipal
corporation and used exclusively for public purposes within the
provisions of Section 15-155 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
    (70 ILCS 1860/4)  (from Ch. 19, par. 287)
    Sec. 4. The Port District has the following rights and
        1. To issue permits: for the construction of all
    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 Port District; for the deposit of rock,
    earth, sand or other material, or any matter of any kind or
    description in such waters; except that nothing contained
    in this paragraph 1 shall be construed so that it will be
    deemed necessary to obtain a permit from the District for
    the erection, operation or maintenance of any bridge
    crossing a waterway which serves as a boundary between the
    State of Illinois and any other State, when such erection,
    operation or maintenance is performed by any city within
    the District;
        2. To prevent or remove obstructions in navigable
    waters, including the removal of wrecks;
        3. To locate and establish dock lines and shore or
    harbor lines;
        4. To regulate the anchorage, moorage and speed of
    water borne vessels and to establish and enforce
    regulations for the operation of bridges, except nothing
    contained in this paragraph 4 shall be construed to give
    the District authority to regulate the operation of any
    bridge crossing a waterway which serves as a boundary
    between the State of Illinois and any other State, when
    such operation is performed or to be performed by any city
    within the District;
        5. To acquire, own, construct, lease for any period not
    exceeding 99 years, operate and maintain terminals,
    terminal facilities and port facilities, to fix and collect
    just, reasonable, and nondiscriminatory charges for the
    use of such facilities, and, except as provided herein for
    short term financing, to use the charges so collected to
    defray the reasonable expenses of the Port District and to
    pay the principal of and interest on any revenue bonds
    issued by the District;
        6. To acquire, erect, construct, reconstruct, improve,
    maintain, operate and lease in whole or part for any period
    not exceeding 99 years, central office or administrative
    facilities for use by the Port District, any tenant,
    occupant or user of the District facilities, or anyone
    engaged in commerce in the District.
        7. To sell, assign, pledge or hypothecate in whole or
    in part any contract, lease, income, charges, tolls,
    rentals or fees of the District to provide short term
    interim financing pending the issuance of revenue bonds by
    the District, provided that when such revenue bonds are
    issued, such contracts, leases, income, charges, tolls,
    rentals or fees shall be used to defray the reasonable
    expenses of the Port District and pay the principal of and
    income on any revenue bonds issued by the District;
        8. To acquire, own, construct, lease for any period not
    exceeding 99 years, operate, develop and maintain Port
    District water and sewerage systems including but not
    limited to pipes, mains, lines, sewers, pumping stations,
    settling tanks, treatment plants, water purification
    equipment, wells, storage facilities and all other
    equipment, material and facilities necessary to such
    systems, for the use upon payment of a reasonable fee as
    set by the District, of any tenant, occupant or user of the
    District facilities, or anyone engaged in commerce in the
    District, provided that the District shall not acquire,
    own, construct, lease, operate, develop and maintain such
    water and sewerage systems if such services can be provided
    by a public utility or municipal corporation upon request
    of the District, and provided further that if the District
    develops its own water and sewerage systems such systems
    may be sold or disposed of at anytime to any public utility
    or municipal corporation which will continue to service the
    Port District.
        9. To create, establish, maintain and operate a public
    incinerator for waste disposal by incineration by any means
    or method, for use by municipalities for the disposal of
    municipal wastes and by industries for the disposal of
    industrial waste; and to lease land and said incineration
    facilities for the operation of an incinerator for a term
    not exceeding 99 years and to fix and collect just,
    reasonable and non-discriminatory charges for the use of
    such incinerating facilities, and to use the charges or
    lease proceeds to defray the reasonable expenses of the
    Port District, and to pay the principal of and interest on
    any revenue bonds issued by the Port District.
        10. 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;
        11. 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
        12. 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;
        13. 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 therefrom by aircraft, and to pay the cost of
    removal or relocation; and, subject to the "Airport Zoning
    Act", approved July 17, 1945, as amended, 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;
        14. To restrict the height of any object of natural
    growth or structure or structures within the vicinity of
    any airport or within the lines of an approach to any
    airport and, when necessary, for the reduction in the
    height of any such existing object or structure, to enter
    into an agreement for such reduction or to accomplish same
    by condemnation;
        15. To agree with the state or federal governments or
    with any public agency in respect to the removal and
    relocation of any object of natural growth, airport hazard
    or any structure or building within the vicinity of any
    airport or within an approach and which is owned or within
    the control of such government or agency and to pay all or
    an agreed portion of the cost of such removal or
        16. For the prevention of accidents, for the
    furtherance and protection of public health, safety and
    convenience in respect to aeronautics, for the protection
    of property and persons within the District from any hazard
    or nuisance resulting from the flight of aircraft, for the
    prevention of interference between, or collision of,
    aircraft while in flight or upon the ground, for the
    prevention or abatement of nuisances in the air or upon the
    ground or for the extension or increase in the usefulness
    or safety of any public airport or public airport facility
    owned by the District, the District may regulate and
    restrict the flight of aircraft while within or above the
    incorporated territory of the District;
        17. 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 such 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
        18. To enter into agreements with the corporate
    authorities or governing body of any other municipal
    corporation or any political subdivision of this State to
    pay the reasonable expense of services furnished by such
    municipal corporation or political subdivision for or on
    account of income producing properties of the District;
        19. To enter into contracts dealing in any manner with
    the objects and purposes of this Act;
        20. To acquire, own, lease, sell or otherwise dispose
    of interests in and to real property and improvements
    situate thereon and in personal property necessary to
    fulfill the purposes of the District;
        21. To designate the fiscal year for the District;
        22. To engage in any activity or operation which is
    incidental to and in furtherance of efficient operation to
    accomplish the District's primary purpose;
        23. To apply to proper authorities of the United States
    of America pursuant to appropriate Federal Law for the
    right to establish, operate, maintain and lease foreign
    trade zones and sub-zones which may be located within or
    outside the territory within the limits of America's
    Central Port District and to establish, operate, maintain,
    and lease such , or its limits as approved foreign trade
    zones and the subzones by the United States Foreign-Trade
    Zones Board, or within the jurisdiction of the United
    States Customs Service Office of the St. Louis Port of
    Entry and to establish, operate, maintain and lease such
    foreign trade zones and the sub-zones;
        24. To 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 and located within its
    jurisdictional boundaries;
        25. To 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 and located
    within its jurisdictional boundaries;
        26. 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 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 and located within its
    jurisdictional boundaries;
        27. 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 system, pursuant to paragraph 26.
    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;
        28. To improve, develop, or redevelop any former
    military base situated within the boundaries of the
    District, in Madison County, Illinois, 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;
        29. To acquire, erect, construct, maintain and operate
    aquariums, museums, planetariums, climatrons and other
    edifices for the collection and display of objects
    pertaining to natural history or the arts and sciences, or
    sports facilities and to permit the directors or trustees
    of any corporation or society organized for the erection,
    construction, maintenance and operation of an aquarium,
    museum, planetarium, climatrons, sports facilities or
    other such edifice to perform such erection, construction,
    maintenance and operation on or within any property now or
    hereafter owned by or under the control or supervision of
    the District; and to contract with any such directors or
    trustees relative to such acquisition, erection,
    construction, maintenance and operation and to authorize
    such directors or trustees to charge an admission fee, the
    proceeds of which shall be devoted exclusively to such
    erection, construction, maintenance and operation;
        30. To acquire, erect, construct, reconstruct,
    improve, maintain and operate one or more, or a combination
    or combinations of, industrial buildings, office
    buildings, residential buildings, buildings to be used as a
    factory, mill shops, processing plants, packaging plants,
    assembly plants, fabricating plants, and buildings to be
    used as warehouses and other storage facilities;
        31. To establish, organize, own, acquire, participate
    in, operate, sell, and transfer cause to be incorporated
    one or more subsidiary business entities corporations to
    own, operate, maintain, and manage facilities and services
    related to the community and economic development
    interests of the District, including, but not limited to,
    any terminal, terminal facilities, airfields, airports,
    port facilities, or real property of the District, whether
    as shareholder, partner, or co-venturer, alone or in
    cooperation with federal, state, or local governmental
    authorities or any other public or private corporation or
    person or persons. Such subsidiary business entities
    corporations and all of the property thereof, wholly or
    partly owned, directly or indirectly, by the District,
    shall have the same privileges and immunities as accorded
    to the District; and subsidiary business entities
    corporations may borrow money or obtain financial
    assistance from private lenders or federal and state
    governmental authorities or issue revenue bonds with the
    same kinds of security, and in accordance with the same
    procedures, restrictions and privileges applicable when
    the District obtains financial assistance or issues bonds
    for any of its other authorized purposes. For purposes of
    this paragraph, "business entities" means a person,
    partnership, association, public or private corporation,
    or similar organization, whether operated for profit or not
    for profit.
(Source: P.A. 98-854, eff. 1-1-15.)

Effective Date: 1/1/2016