Public Act 90-0636 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0636

HB2554 Enrolled                               LRB9007777MWpcB

    AN ACT to create  the  Mid-America  Intermodal  Authority
Port District.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Mid-America Intermodal Authority Port District Act.

    Section 5.  Definitions.  In this Act:
    "Airport"  means any locality, either land or water, that
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.
    "Board"   means  Mid-America  Intermodal  Authority  Port
District Board.
    "District" means  the  Mid-America  Intermodal  Authority
Port District created by this Act.
    "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 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" mean 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,  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  widening and deepening of basins,
slips, harbors, and  navigable  waters.    "Port  facilities"
also  mean  all  lands,  buildings, structures, improvements,
equipment, and appliances located on district  property  that
are   used  for  industrial,  manufacturing,  commercial,  or
recreational purposes.
    "Terminal" means a public place, station, depot, or  area
for  receiving and delivering articles, commodities, baggage,
mail, freight, or express matter and for any  combination  of
those  purposes  in  connection  with  the transportation and
movement by water and land of persons and property.
    "Terminal  facilities"   mean   all   lands,   buildings,
structures, improvements, equipment, and appliances useful in
the    operation    of   public   warehouse,   storage,   and
transportation facilities for water and land commerce and for
handling, docking, storing, and  servicing  small  boats  and
pleasure craft.

    Section   10.  Mid-America   Intermodal   Authority  Port
District created.  There is created a political  subdivision,
body  politic,  and  municipal corporation by the name of the
Mid-America Intermodal Authority Port District embracing  all
the  area  within the corporate limits of Adams, Brown, Cass,
Hancock, Pike, Schuyler, and Scott Counties.   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   15.   Property  of  district;  exemption.   All
property  of  every  kind  belonging   to   the   Mid-America
Intermodal  Authority  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 others than the district.
    All property of the Mid-America Intermodal Authority 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  20.  Duties.   It  shall be the duty of the port
district:
    (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   of
Illinois, 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
lands  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 harbor, port,
and intermodal 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 terminal, port, and intermodal 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 any physical improvement,  change  in  method,  system  of
handling   freight,  warehousing,  docking,  lightering,  and
transfer of 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;
    (g)  To  acquire,  construct,  own,  lease,  and  develop
terminals, wharf facilities, piers, docks,  warehouses,  bulk
terminals,  grain  elevators,  tug  boats,  and  other harbor
crafts, and any other port facility or port-related  facility
or service 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, sea ports, and port-related facilities and  services
and  to  increase  foreign  and domestic commerce through the
harbors and ports within the port district; and
    (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  25.   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 shall
be conclusive evidence, for all purposes, that these  changes
and modifications conform to the provisions of this Act.

    Section  30.  Rights and powers.  The port district shall
have the following rights and powers:
    (a)  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 district; for the 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 35, 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 the extent authorized  by  the  Intergovernmental
Cooperation  Act, to enter into any agreements with any other
public agency of this State;
    (g)  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
    (h)  To enter into contracts dealing in any  manner  with
the objects and purposes of this Act.

    Section  35.   Contracts  for 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   40.  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.
    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 readvertise for bids. If after the readvertisement
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  readvertise  for  bids, as
provided in this Section, before negotiating a lease.
    If the district  shall  temporarily  operate  any  public
warehouse or public grain elevator as provided in Section 35,
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  45.  Obligations for expenses not to be incurred
until appropriations made.  Unless  and  until  the  revenues
from  operations  conducted  by  the district are adequate to
meet  all  expenditures  or  unless   and   until   otherwise
determined  by  an  act of the General Assembly, the district
shall not incur any  obligations  for  salaries,  office,  or
administrative  expenses  before the making of appropriations
to meet those expenses.

    Section 50.  Acquisition of property.
    (a)  The district shall have power to acquire and  accept
by  purchase,  lease,  gift,  grant, or otherwise any and all
real property, whether a fee  simple  absolute  or  a  lesser
estate,  and  personal  property either within or without its
corporate limits or any right that  may  be  useful  for  its
purposes  and  to  provide  for  the  development of adequate
channels,  ports,  harbors,   terminals,   port   facilities,
terminal  facilities,  and  intermodal facilities adequate to
serve  the  needs  of  commerce  within  the  district.   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 of  the  district's  property  by  the
district  for  its  primary  purposes  and  the easements and
permits may contain any conditions and  retain  any  interest
therein  that  may  be  deemed  for  the best interest of the
district by the Board.
    (b)  Any  property  or  facility  shall  be   leased   or
operated,  if at all, only by 2 or more unrelated contracting
parties in parcels that are as nearly equal in  all  respects
as  practicable unless the Board determines that it is in the
best interest of  the  district  to  lease  the  property  or
facility to a single contracting party.
    The  district,  subject  to  the  public bid requirements
prescribed in Section 40 with respect to public warehouses or
public grain elevators, may lease to others for any period of
time not to exceed 99 years upon any terms that the Board may
determine any  of  its  real  property,  rights  of  way,  or
privileges,  any  interest  therein,  or any part thereof for
industrial,  manufacturing,  commercial,   recreational,   or
harbor  purposes,  that  is  in  the  opinion of the Board no
longer required for its primary purposes in  the  development
of port, harbor, and intermodal facilities or that may not be
immediately needed for those purposes.  Where the leases will
in  the  opinion of the Board aid and promote those purposes,
and in conjunction with those 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 lease and
may include the right to  enter  upon  the  property  of  the
district  to  do  any  things  that  may be necessary for the
enjoyment of the leases, rights of way,  and  privileges  and
the leases may contain any conditions and retain any interest
that  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 by the Board.  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.
    (c)  The district may dedicate to the public for  highway
purposes  any  of its real property and those dedications may
be subject  to  any  conditions  and  the  retention  of  any
interest  that  may  be  deemed  for the best interest of the
district by the Board.
    (d)  The district may sell, convey, or operate any of its
buildings, structures, or  other  improvements  located  upon
district  property that may be deemed in the best interest of
the district by the Board.

    Section  55.  Grants,  loans,  and  appropriations.   The
district has power to apply for and accept grants, loans,  or
appropriations  from  the federal government or any agency or
instrumentality thereof or  the  State  of  Illinois  or  any
agency  or  instrumentality thereof to be used for any of the
purposes of the district and to enter into any agreement with
the federal government, the State of Illinois, or any  agency
or  instrumentality thereof in relation to the grants, loans,
or appropriations.

    Section 60.  Foreign  trade  zones  and  sub-zones.   The
district  has power 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 65. Insurance contracts.  The district has  power
to procure and enter into contracts for any type of insurance
and  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  Board  or
of  the  district  in the performance of the duties of his or
her office or employment or any other insurable risk.

    Section 70.  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,   port   facilities,   and  intermodal
facilities; for acquiring any property and  equipment  useful
for the construction, reconstruction, extension, improvement,
or  operation  of  its  terminals,  terminal facilities, port
facilities, and  intermodal  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,   port   facilities,   and
intermodal  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 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,   port   facilities,   and   intermodal
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  75.  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 of Illinois 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 80. Revenue  bonds  as  legal  investments.   The
State  and all counties, cities, 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 other 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  85.  Taxes.   The  Board  may,  after referendum
approval, levy a tax for corporate purposes of  the  district
annually  at  the rate approved by referendum, but which rate
shall not exceed .05% of the value of  all  taxable  property
within  the  port  district  as  equalized or assessed by the
Department of Revenue.
    If the Board desires to levy a tax it  shall  order  that
the  question  be  submitted at an election to be held within
the district and shall certify the order and the question  to
the  proper election officials, who shall submit the question
to the voters at an election under the general election  law.
The  Board  shall  cause  the  result of the referendum to be
entered upon the records of the port district.  If a majority
of the vote on the question is in favor of  the  proposition,
the  Board  may  annually thereafter levy a tax for corporate
purposes at a rate not to exceed that approved by  referendum
but  in  no  event to exceed .05% of the value of all taxable
property within the district as equalized or assessed by  the
Department of Revenue.
    The  question  shall  be  in  substantially the following
form:
         Shall  the  Mid-America  Intermodal  Authority  Port
    District levy a tax annually not to exceed (insert  rate)
    %  of  the  value  of  taxable  property  as equalized or
    assessed by  the  Department  of  Revenue  for  corporate
    purposes.
The votes shall be recorded as "Yes" or "No".

    Section  90.  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,  city
or  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   100.   Mid-America  Intermodal  Authority  Port
District   Board;   compensation.     The    governing    and
administrative   body  of  the  district  shall  be  a  board
consisting of 7 members,  to  be  known  as  the  Mid-America
Intermodal  Authority  Port  District  Board.  Members of the
Board shall be residents of  a  county  whose  territory,  in
whole  or in part, is embraced by the district and persons of
recognized business ability.  The members of the Board  shall
receive  compensation for their services, set by the Board at
an  amount  not  to  exceed  $20,000  annually,  except   the
chairperson  may  receive  an  additional $5,000 annually, if
approved by  the  Board.   All  compensation  shall  be  paid
directly  from  the  district's operating funds.  The members
shall receive no other compensation whatever, whether in  the
form  of  salary, per diem allowance, or otherwise, for or in
connection with their service as members.  Each member  shall
be  reimbursed  for actual expenses incurred by him or her in
the performance of the member's duties.  Any  person  who  is
appointed  to  the  office  of  secretary or treasurer of the
Board may receive compensation for services as an officer, as
determined by the Board, provided that the person  is  not  a
member  of  the Board.  No member of the Board or employee of
the district  shall  have  any  private  financial  interest,
profit,  or benefit in any contract, work, or business of the
district or in the sale or lease of any property to  or  from
the district.

    Section 105. Appointment of Board members.  The Governor,
by  and  with  the  advice  and  consent of the Senate, shall
appoint 3 members of the Board  for  initial  terms  expiring
June  first  of the years 2000, 2001, and 2002, respectively,
and the chairpersons of county boards of the counties  within
the  district  shall  appoint  4  members  for  initial terms
expiring June first of the years 2000, 2001, 2002, and  2003,
respectively,  in  a  meeting  specifically convened for that
purpose.  Except  as  provided  in  this  Section,   at   the
expiration  of  the  term  of  any  member  appointed  by the
Governor, his or her successor  shall  be  appointed  by  the
Governor in like manner, and at the expiration of the term of
any  member  appointed  by  the  county  boards,  his  or her
successor shall be appointed by the  county  boards  in  like
manner,      as  appointments  for  the  initial  terms.  All
successors shall hold office for the term of 5 years from the
first day of June of the year in which  they  are  appointed,
except  in  the  case of an appointment to fill a vacancy. In
case of vacancy in the office of any member appointed by  the
Governor  during the recess of the Senate, the Governor shall
make a temporary appointment until the next  meeting  of  the
Senate  when  the Governor shall nominate some person to fill
the office; and any person so nominated, who is confirmed  by
the Senate, shall hold his or her office during the remainder
of the term and until his or her successor shall be appointed
and  qualified.    Each  appointment by the Governor shall be
subject to approval by the county boards and each appointment
by the county boards shall be  subject  to  approval  by  the
Governor,  and, when so approved, the Governor and the county
boards  shall  certify  their  respective  appointments   and
approvals  to  the  Secretary  of State. Within 30 days after
certification and approval 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.
    All members of the Board shall reside within the area  of
the district as defined in Section 10 of this Act.

    Section  110.  Resignation  and 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 the county boards may  remove
any  member  of  the  Board  appointed  by  them  in  case of
incompetency, neglect of duty, or malfeasance in office. They
shall give the 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,  of  abandonment of office, or of death, conviction
of a crime, or removal from office, the office  shall  become
vacant.  Each  vacancy shall be filled for the unexpired term
by appointment in like manner, and with like regard as to the
place of residence of the appointee, as in case of expiration
of the term of a member of the Board.

    Section 115. Organization  of  the  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 by-laws and regulations to govern its  proceedings.
The  initial  chairperson  and successors shall be elected by
the Board from time to time for the term of his or her office
as a member of  the  Board  or  for  the  term  of  3  years,
whichever is shorter.

    Section 120. Meetings; ordinances and resolutions; public
records.   Regular    meetings  of the Board shall be held at
least once in each calendar month, the time and place of  the
meeting  to  be fixed by the Board. Four 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  4  members  shall  be
necessary  for  the  adoption of any ordinance or resolution.
All ordinances and resolutions before taking effect shall  be
approved by the chairperson of the Board.  If the chairperson
shall  approve  the  ordinance or resolution, he or she shall
sign it.  Those ordinances  or  resolutions  the  chairperson
shall  not  approve the chairperson shall return to the Board
with his or her objections in writing  at  the  next  regular
meeting  of  the  Board  occurring  after  the passage of the
ordinances or resolutions.   If the chairperson shall fail to
return any ordinance or resolution with his or her objections
by the time required in this Section,  he  or  she  shall  be
deemed   to  have  approved  it  and  it  shall  take  effect
accordingly. Upon the return of any ordinance  or  resolution
by  the  chairperson  with his or her objections, the vote by
which  the  ordinance  or  resolution  was  passed  shall  be
reconsidered by  the  Board.   If  upon  reconsideration  the
ordinance  or resolution is passed by the affirmative vote of
at least 5 members, it shall go into  effect  notwithstanding
the veto of the chairperson. All ordinances, resolutions, all
proceedings of the district, and all documents and records in
its  possession  shall  be public records, and open to public
inspection, except any documents and records  that  shall  be
kept  or  prepared  by  the  Board  for  use in negotiations,
actions, or proceedings to which the district is a party.

    Section 125. Secretary and treasurer; oath and bond.  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.    The   Board   shall   fix  their  duties  and
compensation.  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  to  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 any penal sum that
may 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  national 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 those funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the district.

    Section 130. Deposits; checks or drafts.
    (a)  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 chairperson
of the Board. The Board may designate any of its  members  or
any  officer  or  employee  of  the  district  to  affix  the
signature  of  the  chairperson  and  another  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 $10,000.
    No  bank  or  savings  and loan association shall receive
public funds as permitted  by  this  Section  unless  it  has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
    (b)  In case any officer whose signature appears upon any
check  or  draft  issued under this Act ceases to hold his or
her office before the delivery of the check or draft  to  the
payee,  his  or her signature nevertheless shall be valid and
sufficient for all purposes with the same effect as if he  or
she  had  remained  in  office until delivery of the check or
draft.

    Section 135.  Prompt payment.  Purchases made under  this
Act  shall  be  made  in compliance with the Local Government
Prompt Payment Act.

    Section   140.    Executive   director,   officers,   and
employees.  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, business,  and  the  employees  of  the  district
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 any other  duties
that  may  be prescribed from time to time by the Board.  The
Board may appoint a general attorney and a chief engineer and
shall provide for the  appointment  of  any  other  officers,
attorneys, engineers, consultants, agents, and employees that
may  be  necessary.   The Board shall define their duties and
require bonds of those that it may designate.
    The executive director, general attorney, chief engineer,
and all other officers provided for under 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 attorney, chief engineer, and all
other officers, attorneys, consultants, agents, and employees
shall  be  fixed  by  the Board, subject to the provisions of
Section 125 of this Act.

    Section 145. Fines and penalties.  The Board  shall  have
power  to  pass  all  ordinances  and  to  make all rules and
regulations proper or necessary  to  carry  into  effect  the
powers  granted  to the district, with any fines or penalties
that may be deemed proper. All fines and penalties  shall  be
imposed  by ordinances that shall be published in a newspaper
of general circulation published in the area embraced by  the
district.  No ordinance shall take effect until 10 days after
its publication.

    Section 150. Report and  financial  statement.   As  soon
after  the  end  of each fiscal year as may be expedient, the
Board shall prepare and print a complete and detailed  report
and  financial  statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies  of
the  report  shall  be  printed  for  distribution to persons
interested, upon request, and a copy of the report  shall  be
filed  with  the Governor and the county clerk of each county
that is within the area of the district. A copy of the report
shall be addressed to  and  mailed  to  the  mayor  and  city
council   or   president   and  board  of  trustees  of  each
municipality within the area of the district.

    Section 155. 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 160.  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  165 or 170,
whichever is applicable.

    Section 165.  Petition for annexation.  At  least  5%  of
the  legal  voters resident 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 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 Mid-America Intermodal Authority 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 Mid-America  Intermodal  Authority  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 170.  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 165.  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  Mid-America
Intermodal  Authority 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  175.   Administrative  Review  Law.   All  final
administrative  decisions  of  the Board, shall be subject to
judicial review under the provisions  of  the  Administrative
Review  Law  and  the  rules adopted under that Act. The term
"administrative decision" means the same as in Section  3-101
of the Code of Civil Procedure.

    Section  180. 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 185.  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,  port
facility, or intermodal 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 190.  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  800.   The  Intergovernmental Cooperation Act is
amended by changing Section 2 as follows:
    (5 ILCS 220/2) (from Ch. 127, par. 742)
    Sec. 2. Definitions. For the purpose of this Act:
    (1)  The term "public agency"  shall  mean  any  unit  of
local  government  as defined in the Illinois Constitution of
1970, any  school  district,  any  public  community  college
district,  any  public  building  commission,  the  State  of
Illinois, any agency of the State government or of the United
States,  or  of any other State, any political subdivision of
another State, and any combination of the above  pursuant  to
an  intergovernmental agreement which includes provisions for
a governing body of the agency created by the agreement.
    For the purposes of this Act,  "public  agency"  includes
the  Mid-America  Intermodal  Authority Port District created
under the Mid-America Intermodal Authority Port District Act.
    (2)  The term "state" shall mean a state  of  the  United
States.
(Source: P.A. 87-1208.)

    Section 999.  Effective date.  This Act takes effect upon
becoming law.

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