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| Public Act 099-0507
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| HB0740 Enrolled | LRB099 04545 AWJ 24573 b |
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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 5. The Kaskaskia Regional Port District Act is |
amended by changing Sections 1.1, 3, 6, 7.1, 14, and 20.2 as |
follows:
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(70 ILCS 1830/1.1)
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Sec. 1.1. Purpose. The General Assembly declares that the |
main purpose of
this
Act is to
promote industrial, commercial, |
transportation, homeland security, recreation, water supply, |
flood control, and economic activities
thereby reducing
the |
evils attendant upon unemployment and enhancing the public |
health, safety, and
welfare of
this State.
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(Source: P.A. 90-785, eff. 1-1-99.)
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(70 ILCS 1830/3) (from Ch. 19, par. 503)
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Sec. 3.
There is created a political subdivision body |
politic and
municipal corporation, named "Kaskaskia Regional |
Port District"
embracing all of Monroe and Randolph Counties |
and Freeburg, Millstadt,
Smithton, Prairie Du Long, New Athens, |
Marissa, Fayetteville, Engleman,
Mascoutah, Shiloh Valley and |
Lenzburg Townships of St. Clair County. The
Port District may |
sue and be sued in its corporate name but execution
shall not |
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in any case issue against any property owned by the Port
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District except for Port District property that the Port |
District pledged as collateral to a bank or other financial |
institution to secure a bank loan. It may adopt a common seal |
and change the same at pleasure.
The principal office of the |
Port District shall be in the city of Red Bud
Chester, |
Illinois.
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No rights, duties or privileges of such District, or those |
of any
person, existing before the change of name shall be |
affected by the
change provided by this amendatory Act of 1967. |
All proceedings pending
in any court in favor of or against |
such District may continue to final
consummation under the name |
in which they were commenced.
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(Source: P.A. 80-1495.)
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(70 ILCS 1830/6) (from Ch. 19, par. 506)
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Sec. 6. The Port District has the following functions, |
powers and duties:
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(a) to study the existing harbor facilities within the area |
of the Port
District and to recommend to an appropriate |
governmental agency, including
the General Assembly of |
Illinois, such changes and modifications as may
from time to |
time be required for continuing development therein and to
meet |
changing business and commercial needs;
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(b) to make an investigation of conditions within the Port |
District and to
prepare and adopt a comprehensive plan for the |
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development of port
facilities for the Port District. In |
preparing and recommending changes and
modifications in |
existing harbor facilities, or a comprehensive plan for
the |
development of such port facilities, as above provided, the |
Port
District if it deems desirable may set aside and allocate |
an area or areas,
within the lands owned by it, to be leased to |
private parties for
industrial, manufacturing, commercial, or |
harbor purposes, where such area
or areas in the opinion of the |
Board, are not required for primary purposes
in the development |
of harbor and port facilities for the use of public
water and |
land transportation, or will not be needed immediately for such
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purposes, and where such leasing in the opinion of the Board |
will aid and
promote the development of terminal and port |
facilities;
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(c) to study and make recommendations to the proper |
authority for the
improvement of terminal, lighterage, |
wharfage, warehousing, anchorage,
transfer and other |
facilities necessary for the promotion of commerce and
the |
interchange of traffic within, to and from the Port District;
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(d) to study, prepare and recommend by specific proposals |
to the General
Assembly of Illinois changes in the jurisdiction |
of the Port District;
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(e) to 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, system of handling |
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freight, warehousing, docking,
lightering and transfer of |
freight, which in the opinion of the Board are
designed to |
improve or better the handling of commerce in and through the
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Port District or improve terminal or transportation facilities |
therein; and .
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(f) to petition any federal, state, or local authority, |
including administrative, judicial, and legislative branches, |
having jurisdiction for the adoption and execution of any |
physical improvement or operation related to the management of |
fish and wildlife, recreation, water supply, or flood control |
which in the opinion of the Board is for the purpose of |
improving or bettering the quality of life in the Port District |
or add to the diversity of amenities related to that purpose. |
(Source: Laws 1965, p. 1013.)
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(70 ILCS 1830/7.1) (from Ch. 19, par. 507.1)
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Sec. 7.1. Additional rights and powers.
The Port District |
has the following additional rights and powers:
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(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 Port |
District, for the deposit of rock, earth, sand or
other |
material, or any matter of any kind or description in such |
waters;
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(b) To prevent and remove obstructions in navigable waters, |
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including
the removal of wrecks or vessels; to recover damages, |
including attorney fees, for the removal and clean-up of the |
site or sites and the surrounding or downstream environment; |
these rights and powers shall include, but are not limited to, |
emergency powers to seize wrecks or vessels, remediate damages, |
and provide for the disposition of the wrecks or vessels;
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(c) To locate and establish dock lines and shore or harbor |
lines;
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(d) To regulate the anchorage, moorage and speed of water |
borne vessels
and to establish and enforce regulations for the |
operation of bridges;
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(e) To acquire, own, construct, lease, operate and maintain |
terminals,
terminal facilities, port facilities, |
transportation equipment facilities,
railroads and marinas, |
and airport facilities
and systems, and to fix and collect |
just, reasonable, and
non-discriminatory charges for use of |
such facilities, equipment and
systems. The charges so |
collected shall be used to defray the reasonable
expenses of |
the Port District, and to pay the principal of and interest on
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any revenue bonds issued by the Port District;
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(f) To operate, maintain, manage, lease, sub-lease, 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 port or public port |
facility;
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(g) To fix, charge and collect reasonable rentals, tolls, |
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fees and
charges for the use of any public port, or any part |
thereof, or any public
port facility;
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(h) To establish, maintain, expand and improve roadways, |
railroads, and
approaches by land, or water, to any such |
terminal, terminal facility and
port facilities, and to |
contract or otherwise provide by condemnation, if
necessary, |
for the removal of any port, terminal, terminal facilities and
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port facility hazards or the removal or relocation of all |
private
structures, railroads, mains, pipes, conduits, wires, |
poles, and all other
facilities and equipment which may |
interfere with the location, expansion,
development or |
improvement of ports, terminals, terminal facilities and
port |
facilities or with the safe approach thereto, or exit or |
takeoff
therefrom by vehicles, vessels, barges and other means |
of transportation,
and to pay the cost of removal or |
relocation;
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(i) 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 such rules and |
regulations. A regulatory ordinance of the District
adopted |
under any provisions 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.
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(j) 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;
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(k) To enter into contracts dealing in any manner with the |
objects and
purposes of this Act;
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(l) To acquire, own, lease, mortgage, 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;
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(m) To designate the fiscal year for the District;
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(n) To engage in any activity or operation which is |
incidental to and in
furtherance of efficient operation to |
accomplish the District's primary
purpose;
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(o) 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
and to permit the |
directors or trustees of any corporation or society
organized |
for the erection, construction, maintenance and operation of an
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aquarium, museum, planetarium, climatron 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 |
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contract with any such directors or trustees relative
to such |
acquisition, erection, construction, maintenance and operation |
and
to charge or 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;
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(p) To do any act which is enumerated in Section 11-74.1-1 |
of the
"Illinois Municipal Code", in the same manner and form |
as though the
District were a "municipality" as referred to in |
such Section;
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(q) To acquire, erect, construct, reconstruct, improve, |
maintain and
operate one or more, or a combination or |
combinations of, industrial
buildings, office buildings, |
buildings to be used as a factory, mill shops,
processing |
plants, packaging plants, assembly plants, fabricating plants,
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and buildings to be used as warehouses and other storage |
facilities.
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(r) To acquire, own, construct, lease or contract for any |
period not
exceeding 99
years, operate, develop, and maintain |
Port District water and sewage systems
and other
utility |
systems and services, including, but not limited to, pipes, |
mains,
lines, sewers,
pumping stations, settling tanks, |
treatment plants, water purification
equipment, wells,
storage |
facilities, lines, and all other equipment, material, and |
facilities
necessary to those
systems, for the use, upon |
payment of reasonable fee set by the District, of
any tenant,
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occupant, or user of the District facilities or any person |
engaged in commerce
in the
District; provided that the District |
shall not acquire, own, construct, lease,
operate,
develop, and |
maintain the systems and services if those systems and
services |
can be
provided by an investor-owned public utility offering |
electric or gas services.
The public
utility shall provide the |
District with a written response, within 30 days
after |
receiving a
written request from the District for those systems |
or services, stating
whether it will or
will not be able to |
provide the requested systems or services in accordance
with |
the Public
Utilities
Act.
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(Source: P.A. 90-785, eff. 1-1-99.)
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(70 ILCS 1830/14) (from Ch. 19, par. 514)
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Sec. 14. 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, terminal facilities, trails, and |
other
transportation facilities within the Port District |
adequate to serve the
needs of commerce within the area served |
by the Port District. The Port
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 |
property owned by any
municipality within the Port District |
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shall be taken or appropriated
without first obtaining consent |
of the governing body of such municipality.
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(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1830/20.2)
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Sec. 20.2. Authorization to borrow moneys. The District's |
Board may borrow
money from any bank or other financial |
institution and may provide appropriate
security, including |
mortgaging real estate, for that borrowing, if the money is |
repaid within 20 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.
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(Source: P.A. 94-562, eff. 1-1-06.)
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