|
make decisions within each municipality's corporate limits.
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Section 5. Definitions. As used in this Act: |
"Administrative decision" has the meaning given to that |
term in Section 3-101 of the Code of Civil Procedure. |
"City council" means the city council or board of trustees |
of a municipality. |
"General obligation bond" means a bond that has any part |
of its principal or interest paid by taxation. |
"Governing and administrative body" means all of the city |
councils of the participating municipalities. |
"Governmental agency" means the federal government, a |
state or local government, or any subdivision of the federal, |
state, or local government. |
"Navigable waters" means any public waters that are or can |
be made usable for water commerce. |
"Participating municipality" means the City of Rock Island |
or a municipality that has all or any part of the municipality |
annexed into the Port District. |
"Person" means an individual, firm, partnership, |
corporation, company, association, or joint stock association. |
"Person" includes, without limitation, a trustee, receiver, |
assignee, or personal representative thereof. |
"Port District" means the Rock Island Regional Port |
District created by this Act. |
"Port facilities" means any public and other buildings, |
|
structures,
works, improvements, and equipment that are upon, |
in, over, under, adjacent, or near 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, without limitation, (i) improvements to the widening |
and
deepening of
basins, slips, harbors, and navigable waters |
and (ii) any lands, buildings, structures, improvements, |
equipment, and appliances
located on Port District property |
that are used for industrial, manufacturing,
commercial, or |
recreational purposes. "Port facilities" does not include |
terminal facilities |
"Revenue bond" means a bond that has its principal and |
interest paid solely from revenues or income derived from |
ports, harbors, or any other buildings or facilities of the |
Port District. |
"Terminal" means a public place, such as a station or |
depot, for receiving and delivering of baggage, mail, or |
freight in connection with the transportation of persons and |
property on water or land. |
"Terminal facility" means any land, building, structure, |
improvement, equipment, or appliance useful in the operation |
of a public warehouse, a storage, transportation, or railway |
facility, or industrial, manufacturing, or commercial |
activities for the accommodation of or in connection with |
commerce by water or land for the handling, docking, and |
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serving small boats and pleasure craft.
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Section 10. Creation; governing and administrative body. |
(a) There is created a unit of local government by the name |
of Rock Island Regional Port District that includes all the |
territory within the corporate limits of the City of Rock |
Island as those corporate limits exist on the effective date |
of this Act. Territory may be annexed into the Port District in |
the manner provided in Section 15. The Port District or |
participating municipality may sue and be sued in the Port |
District's or municipality's respective corporate name, but |
execution shall not issue against any of the property or |
assets of the Port District or participating municipality. The |
Port District may adopt a common seal and change the same at |
its pleasure. |
All property of every kind belonging to the Port District |
is exempt from taxation, except that taxes may be assessed and |
levied upon a lessee of the Port District by reason of the |
value of a leasehold estate separate and apart from the fee and |
upon improvements as are constructed and owned by others than |
the Port District. All property of the Port District is public |
ground 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. |
(b) The governing and administrative body of the Port |
|
District initially consists of the Rock Island City Council |
and, thereafter, the Rock Island City Council and each city |
council of an annexed municipality. The city council of a |
participating municipality is the governing body of that |
portion of the Port District within that participating |
municipality's corporate limits.
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Section 15. Annexation of territory; indebtedness of |
municipalities. |
(a) Territory that is adjacent to the Port District and |
not included within any other port district may be annexed to |
and become a part of the Port District in the manner provided |
in this Section. |
(b) An adjacent municipality may request annexation into |
the Port District from the existing participating |
municipalities by providing the city council of each |
participating municipality a written request for the |
annexation and a legal description of the portion of the |
corporate limits to be included in the annexation. The city |
council of each participating municipality shall consider |
approval of the annexation of the new territory with approval |
constituting a majority vote of the city council of each |
participating municipality at a public meeting in which the |
question has been placed on the published agenda. All |
participating municipalities must approve the annexation of |
the new territory for the annexation to occur. |
|
(c) A participating municipality may not incur the |
indebtedness of another participating municipality within the |
Port District.
|
Section 20. Rights and powers. The Port District has the |
following rights and powers: |
(1) To investigate conditions within the Port District |
and to prepare and adopt priorities for the development of |
port facilities for the Port District. In preparing and |
recommending changes and modifications in existing port |
facilities, or priorities for the development of those |
facilities, the Port District 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, recreational, or harbor purposes where the |
area or areas, in the opinion of the governing and |
administrative body, 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 these purposes, and where the |
leasing, in the opinion of the governing and |
administrative body, will aid and promote the development |
of terminal and port facilities. |
(2) To issue permits for the construction of all |
wharves, piers, dolphins, booms, weirs, breakwaters, |
bulkheads, jetties, bridges, basins, slips, harbors, or |
|
other structures of any kind, over, under, in, or near |
navigable waters within the Port District and permits for |
the deposit of rock, earth, sand, or other material, or |
any matter of any kind or description in the navigable |
waters; except nothing contained in this paragraph shall |
be construed so that it will be deemed necessary to obtain |
a permit from a city council of a participating |
municipality for the erection, operation, or maintenance |
of a bridge crossing a waterway that serves as a boundary |
between the State of Illinois and Iowa when the erection, |
operation, or maintenance of the bridge is performed by |
the participating municipality. |
(3) To locate and establish dock lines and shore or |
harbor lines. |
(4) To regulate the anchorage, moorage, and speed of |
waterborne vessels and to establish and enforce ordinances |
for the operation of bridges, except nothing contained in |
this paragraph shall be construed to give the Port |
District authority to regulate the operation of a bridge |
crossing a waterway that serves as a boundary between the |
State of Illinois and Iowa when operation of the bridge is |
performed by a participating municipality. |
(5) To acquire, own, construct, lease, operate, and |
maintain terminals, terminal facilities, and port |
facilities, including, but not limited to, the widening |
and deepening of slips, harbors, and navigable waters, and |
|
to fix and collect reasonable and nondiscriminatory |
charges for the use of the terminals and facilities. The |
charges collected shall be used 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. |
(6) To police its physical property and all waterways |
and to exercise police powers regarding the property and |
waterways or regarding the enforcement of an ordinance of |
a participating municipality within that municipality's |
boundaries, and to employ and commission police officers |
and other qualified persons to enforce the same. An |
ordinance of the participating municipality adopted under |
this paragraph may provide for a suspension or revocation, |
within the participating municipality, of any rights or |
privileges within the control of the participating |
municipality for a violation of the ordinance. |
(7) To establish, organize, own, acquire, participate |
in, operate, sell, and transfer export trading companies, |
whether as shareholder, partner, or co-venturer, alone or |
in cooperation with federal, state, or local governmental |
authorities, federal, state, or national banking |
associations, or any other public or private corporation |
or person or persons. An export trading company organized |
or operated under this paragraph and all the property of |
the export trading company shall have the same privileges |
|
and immunities as accorded to the participating |
municipality and may borrow money or obtain financial |
assistance from private lenders or federal and state |
governmental authorities or issue general obligation and |
revenue bonds with the same kinds of security in |
accordance with the same procedures, restrictions, and |
privileges applicable when a participating municipality |
obtains financial assistance or issues bonds for any of |
its other authorized purposes. An export trading company |
organized or operated under this paragraph may apply for |
certification under Title II or Title III of the federal |
Export Trading Company Act of 1982. |
As used in this paragraph (7), "export trading |
company" means a person, partnership, association, public |
or private corporation, or similar organization, whether |
operated for profit or not-for-profit, which is organized |
and operated principally for purposes of exporting goods |
or services produced in the United States, importing goods |
or services produced in foreign countries, conducting |
third-country trading, or facilitating trade by providing |
one or more services in support of trade. |
(8) To enter into agreements with the corporate |
authorities or governing body of any other unit of local |
government or any political subdivision of the State to |
pay the reasonable expense of services furnished by the |
unit of local government or political subdivision for or |
|
on account of income-producing properties of the Port |
District. |
(9) To enter into contracts dealing in any manner with |
the objects and purposes of this Act. |
(10) To acquire, own, lease, sell, or otherwise |
dispose of interests in real property and improvements to |
the real property and in personal property necessary to |
fulfill the purposes of the Port District for a |
participating municipality. |
(11) To designate the fiscal year for the Port |
District, which shall be the same fiscal year of a |
municipality that is annexed into the Port District either |
at the time of annexation or within 6 months after the |
annexation. |
(12) To engage in any activity or operation within a |
participating municipality which is incidental to and in |
furtherance of efficient operation of the Port District. |
(13) 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 and Border Protection and to establish, |
operate, maintain, and lease the foreign trade zones and |
sub-zones.
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Section 25. Powers under the Industrial Project Revenue |
|
Bond Act. A participating municipality has the rights and |
powers enumerated in the Industrial Project Revenue Bond Act |
and may exercise those rights and powers in the same manner as |
any other municipality, as that term is defined in Section |
11-74-2 of that Act.
|
Section 30. Buildings, property, and acquisition of |
rights. |
(a) A participating municipality may 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, and buildings to be used |
as warehouses and other storage facilities. |
(b) A participating municipality may 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, port facilities, |
terminal facilities, and any other building or facility that |
the Port District has the power to acquire, construct, |
reconstruct, extend, or improve to serve the needs of commerce |
within the municipality's portion of the Port District. A |
participating municipality may acquire real or personal |
property or any rights in real or personal property 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: (i) no rights or property of any kind or character |
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 a participating |
municipality without first obtaining the approval of the |
Illinois Commerce Commission; and (ii) no property owned by a |
participating municipality shall be taken or appropriated for |
facilities within a participating municipality's corporate |
limits without the approval of the city council of the |
participating municipality.
|
Section 35. 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.
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Section 40. Prompt payment. Purchases made pursuant to |
this Act shall be made in compliance with the Local Government |
Prompt Payment Act.
|
Section 45. Lease of property; easements and permits; |
rent, charges, and fees. |
|
(a) The city council of a participating municipality may |
lease to others for any period of time, not to exceed 99 years, |
upon terms the city council determines, any of its real |
property, rights-of-way, or privileges, or any interest in or |
part of its real property, rights-of-way, or privileges, for |
industrial, manufacturing, commercial, recreational, or harbor |
purposes that, in the opinion of the city council, is no longer |
required for its primary purposes in the development of port |
facilities for the use of public transportation, or that may |
not be immediately needed for those purposes, but where the |
leases will, in the opinion of the city council, aid and |
promote those purposes. In conjunction with those leases, the |
participating municipality may grant rights-of-way and |
privileges across the property of the Port District within the |
participating municipality and those rights-of-way and |
privileges may be assignable and irrevocable during the term |
of the lease and may include the right to enter upon the |
property of the Port District within the participating |
municipality to do things necessary for the enjoyment of the |
leases, rights-of-way, and privileges. Those leases may |
contain conditions and retain interest in the leases as |
determined to be in the best interest of the Port District by |
the participating municipality's city council. |
(b) The city council of a participating municipality may |
grant easements and permits for the use of real property, |
rights-of-way, or privileges within the participating |
|
municipality, that, in the opinion of the participating |
municipality's city council, will not interfere with the use |
of the real property, rights-of-way, or privileges of the Port |
District within the participating municipality for its |
purposes, and those easements and permits may contain |
conditions and retain interest deemed in the best interest of |
the Port District within the participating municipality. |
(c) The city council of a participating municipality may |
agree upon and collect the rentals, charges, and fees on all |
leases, easements, rights-of-way, privileges, and permits made |
or granted by the city council that are in the best interest of |
the Port District within the participating municipality. The |
rentals, charges, and fees charged shall be used to defray the |
reasonable expenses of the Port District within the |
participating municipality and to pay the principal of and |
interest on any revenue bonds issued by the participating |
municipality for Port District purposes.
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Section 50. Powers of participating municipalities. |
(a) A city council of a participating municipality may |
apply for and accept grants, loans, or appropriations from the |
federal government or a state government, or any agency or |
instrumentality of the federal government or a state |
government, to be used for any of the purposes of the Port |
District within the participating municipality and to enter |
into any agreements with the federal government or a state |
|
government in relation to the grants, loans, or appropriations |
by the participating municipality in which the funds will be |
used. |
(b) A city council of a participating municipality may |
petition any federal, state, or local authority, or any |
administrative, judicial, or legislative authority, having |
jurisdiction for the adoption and execution of any physical |
improvement, change in method or system of handling freight, |
warehousing, docking, lightering, and transfer of freight |
that, in the opinion of the city council, is likely to improve |
or better the handling of commerce in and through the Port |
District in the participating municipality or improve terminal |
or transportation facilities in the participating |
municipality. |
(c) A city council of a participating municipality may |
borrow money and issue either general obligation bonds or |
revenue bonds for the purpose of (i) acquiring, constructing, |
reconstructing, extending, improving, or operating the |
terminals, terminal facilities, and other buildings or |
facilities that the participating municipality has the power |
to acquire, construct, reconstruct, extend, or improve, (ii) |
acquiring any property and equipment useful for construction, |
reconstruction, extension, improvement, or operation, and |
(iii) acquiring necessary cash working funds.
|
Section 55. Insurance and indemnification contracts. A |
|
participating municipality may procure and enter into |
contracts for any type of insurance or indemnity against loss |
or damage to property from any cause, including against 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 Port District within the |
participating municipality in the performance of the duties of |
his or her office or employment, or against any other |
insurable risk.
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Section 60. Bonds. |
(a) The city council of a participating municipality may, |
pursuant to ordinance and within that municipality's corporate |
limits, issue and dispose of its interest-bearing revenue |
bonds and may also in the same manner issue and dispose of its |
interest-bearing revenue bonds to refund any revenue bonds at |
maturity or pursuant to redemption provisions or at any time |
before maturity with the consent of the holders. Issuance and |
disposition of revenue bonds under this subsection may be done |
without submitting the question to referendum, notwithstanding |
any other provision of law. |
(b) A city council of a participating municipality may |
issue general obligation bonds to be used for Port District |
purposes within that municipality's corporate limits inside |
the Port District by adopting an ordinance specifying the |
amount of bonds to be issued, the purpose for which the bonds |
|
will be issued, the maximum rate of interest the bonds will |
bear, which shall not be more than the maximum rate authorized |
by the Bond Authorization Act in effect at the time of the |
making of the contract, and the date of maturity, which shall |
not be more than 20 years after the date of issuance. The city |
council of a participating municipality may issue and, in |
accordance with subsection (e), sell the bonds specified in |
the ordinance and adopt an ordinance levying an annual tax |
against all the taxable property within the municipality's |
corporate limits inside the Port District sufficient to pay |
the maturing principal and interest of the bonds and to file a |
certified copy of the ordinances in the office of the county |
clerk of Rock Island County. Thereafter, the county clerk |
shall annually extend taxes against all the taxable property |
within the corporate limits of the participating municipality |
inside the Port District at the rate specified in the |
ordinance levying the taxes. The aggregate amount of principal |
of general obligation bonds issued under this subsection shall |
not exceed 2.5% of the assessed valuation of all taxable |
property within the corporate limits of the participating |
municipality within the Port District. |
With respect to instruments for the payment of money |
issued under this subsection: (i) the Omnibus Bond Acts are |
supplementary grants of power to issue instruments in |
accordance with the Omnibus Bond Acts, regardless of any |
provision of this Act that may appear to be or to have been |
|
more restrictive than those Acts, (ii) the provisions of this |
subsection are not a limitation on the supplementary authority |
granted by the Omnibus Bond Acts, and (iii) instruments issued |
under this subsection within the supplementary authority |
granted by the Omnibus Bond Acts are not invalid because of any |
provision of this Act that may appear to be or to have been |
more restrictive than those Acts. |
(c) All revenue bonds shall be payable solely from the |
revenues or income to be derived from the terminals, terminal |
facilities, port facilities, and any other building or |
facility, or part of a building or facility, that the |
participating municipality has the power to acquire, |
construct, reconstruct, extend, or improve. The revenue bonds |
may bear a single date or multiple dates and may mature at any |
time not exceeding 40 years from the bonds' respective dates, |
as shall be provided in the ordinance authorizing issuance. |
Both revenue bonds and general obligation bonds may bear |
interest at the rate or rates as permitted in the Bond |
Authorization Act payable semi-annually, as provided in the |
ordinance authorizing issuance. All bonds, whether revenue or |
general obligations, may be in the form, may carry the |
registration privileges, may be executed in the manner, may be |
payable at the place or places, may be made subject to |
redemption in the manner and upon the terms, with or without |
premium as is stated on the face of the bond, may be |
authenticated in the manner, and may contain terms and |
|
covenants as provided in the ordinance authorizing issuance. |
The holder or holders of any bonds or interest coupons |
attached to the bonds issued by a participating municipality |
may bring suit to compel the performance and observance by the |
participating municipality or any of its officers, agents, or |
employees of any contract or covenant made by the |
participating municipality with the holders of the bonds or |
interest coupons and to compel the participating municipality |
and any of its officers, agents, or employees to perform any |
duties required to be performed for the benefit of the holders |
of any of the bonds or interest coupons by the provision in the |
ordinance authorizing the bonds' or interest coupons' |
issuance, and to enjoin the participating municipality and any |
of its officers, agents, or employees from taking any action |
in conflict with any contract or covenant, including the |
establishment of charges, fees, and rates for the use of |
facilities. |
Notwithstanding the form and tenor of any bond, whether |
revenue or general obligation, and in the absence of any |
express recital on the face of the bond that it is |
nonnegotiable, all the bonds shall be negotiable instruments. |
Pending the preparation and execution of the bonds, temporary |
bonds may be issued with or without interest coupons as |
provided by ordinance. |
(d) All revenue bonds shall be issued and sold by the |
participating municipality in the manner as the participating |
|
municipality shall determine. However, if any bonds are issued |
to bear interest at the maximum rate of interest allowed by |
subsection (c), the bonds shall be sold for not less than par |
and accrued interest. The selling price of bonds bearing |
interest at a rate less than the maximum allowable interest |
rate per annum shall be set so that the interest cost to the |
participating municipality of the money received from the bond |
sale shall not exceed the maximum annual interest rate allowed |
by subsection (c), computed to absolute maturity of the bonds |
according to standard tables of bond values. |
(e) All general obligation bonds issued by a participating |
municipality shall be sold by the participating municipality |
upon sealed bids to the highest and best responsible bidder |
who specifies the lowest net interest cost for the bonds. The |
participating municipality shall publish at least once, in a |
newspaper published in and having general circulation in the |
participating municipality, a notice of the time, date, and |
place when and where sealed bids for the purchase of the bonds |
will be received and publicly opened, read, and tabulated, |
which shall not be less than 10 days after the date of the |
publication. The bonds shall be sold for not less than par plus |
accrued interest to the date of delivery. |
(f) Upon the issue of any revenue bonds as provided in this |
Act, the participating municipality shall 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 revenue bonds sufficient |
at all times with other revenues of the participating |
municipality, if any, to pay: (i) the cost of maintaining, |
repairing, regulating, and operating the facilities; and (ii) |
the bonds and interest on the bonds as they become due and all |
sinking fund requirements and other requirements provided by |
the ordinance authorizing the issuance of the bonds or as |
provided by any trust agreement executed to secure payment of |
the bonds. |
The participating municipality may execute and deliver a |
trust agreement or agreements to secure the payment of any or |
all revenue bonds and for the purpose of setting forth the |
covenants and undertaking by the participating municipality in |
connection with the issuance of revenue bonds and the issuance |
of any additional revenue bonds payable from revenue income |
derived from the terminals, terminal facilities, port |
facilities, and other buildings or facilities that the |
participating municipality has the power to acquire, |
construct, reconstruct, extend, or improve. However, a lien |
upon any physical property of the participating municipality |
shall not be created in the trust agreement or agreements. A |
remedy for any breach or default of the terms of the trust |
agreement by the participating municipality may be by mandamus |
in the circuit court to compel performance and compliance with |
the trust agreement, but the trust agreement may prescribe by |
whom or on whose behalf the action may be instituted. |
|
(g) Bonds issued by a participating municipality and other |
obligations of the participating municipality shall not be an |
indebtedness or obligation of the State of Illinois, of a |
political subdivision of the State, or of a unit of local |
government, including the Port District or any other |
participating municipality. |
A revenue bond shall not be an indebtedness of a |
participating municipality within the purview of any |
constitutional limitation or provision, and it shall be stated |
on the face of each revenue bond that it does not constitute an |
indebtedness but is payable solely from the revenues or income |
derived from terminals, terminal facilities, and port |
facilities within the corporate limits of that participating |
municipality.
|
Section 65. Tax levy. In addition to the tax that may be |
imposed under subsection (b) of Section 60, a participating |
municipality may levy a tax for corporate purposes of the Port |
District within that portion of the municipality in the Port |
District annually, but which rate shall not exceed .05% of the |
value of all taxable property within that municipality within |
the Port District as equalized or assessed by the Department |
of Revenue.
|
Section 70. Permits. It is 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, or |
near any navigable waters within the Port District without |
first submitting the plans, profiles, and specifications, and |
any other data and information as may be required, to the |
participating municipality in which the project is located and |
receiving a permit. A person, corporation, company, |
municipality, or other agency that does any of the things |
prohibited in this Section without securing a permit as |
required in this Section shall be guilty of a Class A |
misdemeanor. However, a permit is not required (i) for any |
project for which a permit has already been secured from a |
proper governmental agency prior to the creation of the Port |
District or (ii) for a project to be undertaken by a |
participating municipality for which a permit is required from |
a governmental agency other than the participating |
municipality before the municipality can proceed with the |
project. Any structure, fill, or deposit erected or made in |
any of the public bodies of water within the Port District in |
violation of the provisions of this Section is a purpresture |
and may be abated at the expense of the person, corporation, |
company, municipality, or other agency responsible for the |
violation, or, if, in the discretion of the participating |
municipality where the project is located, it is decided that |
the structure, fill, or deposit may remain, the participating |
|
municipality where the project is located may fix a |
requirement, restriction, or rental or require and compel |
necessary changes, modifications, and repairs to protect the |
municipality's interest.
|
Section 75. Conflicts of interest. Except as otherwise |
provided in this Act, it is unlawful for any member, officer, |
employee, or other appointee of the governing and |
administrative body or participating municipality or for the |
husband, wife, or minor child of a city council of a |
participating municipality to have, acquire, obtain, or hold |
any contract, work, or business of the Port District, whether |
for stationery, printing, paper, services, material, or |
supplies or any private financial interest in the sale or |
lease of property to or from the Port District. It is unlawful |
for any firm, partnership, association, or corporation from |
which these persons shall be entitled, by contract, stock |
ownership, or otherwise, to receive more than 7.5% of the |
total distributable net income from having, acquiring, |
obtaining, or holding the contract, work, or business or any |
private financial interest. It is unlawful for any firm, |
partnership, association, or corporation from which a listed |
person, together with his or her wife, husband, or minor child |
or children, or any combination, who shall by contract, stock |
ownership, or otherwise be entitled to receive, in the |
aggregate, more than 15% of the total distributable income |
|
from having, acquiring, obtaining, or holding the contract, |
work, or business or any private financial interest. Any |
person, firm, partnership, association, or corporation that |
violates the provisions of this Section shall forfeit any and |
all sums paid or to be paid by the Port District under the |
contract, sale, or lease and, if found guilty of a violation, |
shall be guilty of a business offense and shall be fined not to |
exceed $2,500.
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Section 80. Organization for the transaction of business. |
As soon as practicable after the effective date of this Act and |
as soon as practicable after the annexation of any property |
into the Port District, the Rock Island City Council or the |
city council of any subsequent municipality annexed into the |
Port District, as applicable, shall determine how the |
municipality will organize for the transaction of business |
either as part of normal meetings of the municipality's city |
council or special meetings to conduct business related to the |
Port District that falls within the municipality's corporate |
limits, and the city council shall determine whether separate |
bylaws and procedures should be adopted to regulate and govern |
proceedings of that portion of the Port District within the |
participating municipality's corporate limits.
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Section 85. Meetings; actions of the Port District. |
(a) All city councils of participating municipalities |
|
shall meet in a joint session at least once every calendar year |
to discuss Port District business. Additionally, all city |
councils of participating municipalities shall meet in a joint |
session no later than 60 days following the annexation of a |
municipality into the Port District. |
(b) The city council of a participating municipality shall |
meet to discuss Port District business at least once each |
calendar month, the time and place of the meetings to be fixed |
by the city council of the participating municipality. Special |
meetings may be called as allowed in the ordinances of the |
participating municipality. |
(c) The Port District may act (i) through its governing |
and administrative body for the Port District as a whole, as |
provided in this subsection or (ii) individually through the |
actions of a city council of a participating municipality |
solely for the portion of Port District within that |
participating municipality's corporate limits, as provided in |
subsection (d). |
All actions by the governing and administrative body shall |
be by ordinance or resolution by the affirmative vote of a |
majority of the city councils of the participating |
municipalities. However, the governing and administrative body |
may not take any action solely within one participating |
municipality without the approval of the majority of members |
on that participating municipality's city council. If an |
ordinance or resolution adopted by the governing and |
|
administrative body conflicts with an ordinance or resolution |
relating to Port District purposes adopted of a city council |
of a participating municipality, the ordinance or resolution |
adopted by the city council of the participating municipality |
controls unless the majority of members on that participating |
municipality's city council approved the ordinance or |
resolution of the governing and administrative body. |
(d) All actions regarding the Port District within each |
participating municipality shall be by ordinance or resolution |
and, except as otherwise provided in this Act, the affirmative |
vote of a majority of the city council of the participating |
municipality. The chief elected officer of the city council of |
a participating municipality is entitled to vote on all |
matters coming before the city council related to the Port |
District within the participating municipality, |
notwithstanding any other provision of law. |
All ordinances, resolutions, and proceedings of the city |
council of a participating municipality and all documents and |
records in its possession are public records and open to |
public inspection at the office of the participating |
municipality, except documents and records that are kept or |
prepared by the participating municipality for the Port |
District within the municipality's corporate limits for use in |
negotiations, legal actions, or proceedings related to that |
portion of the Port District within the municipality's |
corporate limits.
|
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Section 90. Treasurer and secretary. A participating |
municipality's secretary and treasurer are assigned to those |
same duties for Port District business within the |
participating municipality. Their respective municipal |
offices' constitutional oaths and corporate sureties shall |
serve as the same for the conduct of work related to the Port |
District within the participating municipality. Whatever penal |
sum may be directed by the participating municipality's city |
council 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 shall be the same for work related |
to the Port District within the participating municipality's |
corporate limits. The city council may, at any time, require a |
new bond from the treasurer in a penal sum determined by the |
city council within the municipality's existing ordinances. |
The obligation of the sureties shall not extend to any loss |
sustained by the insolvency, failure, or closing of any |
savings or loan association or national or State bank where |
the treasurer has deposited funds if the bank or savings and |
loan association has been approved by the city council as a |
depositary for these funds. The oaths and corporate sureties |
shall be filed in the principal office of the participating |
municipality.
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Section 95. Funds of the Port District; check and draft |
|
signatures. |
(a) All funds deposited by the treasurer in a bank or |
savings and loan association shall be placed in the name of the |
Port District for the participating municipality 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 chief elected official of the |
municipality in which the funds were derived for the Port |
District or in the same manner as required by the municipality |
within the municipality's ordinances. |
A bank or savings and loan association may not receive |
public funds as permitted by this subsection unless it has |
complied with the requirements under Section 6 of the Public |
Funds Investment Act. |
(b) If an officer whose signature appears upon a check or |
draft issued pursuant to 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.
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Section 100. General manager; general attorney; chief |
engineer. A participating municipality may appoint a |
general manager, who shall be a person of recognized ability |
and business experience, to hold this position at the pleasure |
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of that municipality and within the municipal corporate limits |
inside the Port District. The same general manager may be |
appointed by more than one participating municipality. The |
general manager may manage the properties and business of the |
Port District and the employees of the Port District, subject |
to the general control of the municipality or municipalities, |
may direct the enforcement of all ordinances and resolutions |
of the municipality or municipalities related to the Port |
District, and may perform other duties prescribed by the |
municipality or municipalities. |
A participating municipality may appoint a general |
attorney, a chief engineer, and other officers, attorneys, |
engineers, consultants, agents, and employees as may be |
necessary and define their duties and may require bonds of |
them as the municipality may designate. The same officers, |
attorneys, engineers, consultants, agents, and employees |
manager may be appointed by more than one participating |
municipality. |
The general manager, general attorney, chief engineer and |
all other employees provided for by this Section are exempt |
from taking and subscribing to any oath of office and may not |
be members of the city council of a participating |
municipality. The compensation of the general manager, general |
attorney, chief engineer, and all other officers, attorneys, |
consultants, agents, and employees shall be fixed by the |
participating municipality or municipalities employing the |
|
individual. All employees are subject to the provisions of |
Section 75.
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Section 105. Fines and Penalties. The city council of a |
participating municipality may adopt any fines or penalties as |
it deems proper. All fines and penalties shall be imposed by |
ordinance, which shall be published in a newspaper of general |
circulation in the area of the Port District within the |
municipality's corporate limits. An ordinance imposing fines |
or penalties may not take effect until 10 days after its |
publication.
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Section 110. Report and financial statement. Within 60 |
days after the end of a fiscal year, a participating |
municipality's city council shall have prepared by a certified |
public accountant a complete and detailed report and financial |
statement of the operations and assets and liabilities of the |
Port District within the municipality's corporate limits. |
Copies of the report shall be prepared for distribution to |
persons interested, upon request, and a copy of the report and |
financial statement shall be filed with the Governor and with |
the Rock Island County Clerk.
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Section 115. Investigations; administrative decisions. |
(a) A participating municipality may investigate |
conditions of the Port District within the municipality's |
|
corporate limits and investigate the enforcement of the |
municipality's ordinances relating to the Port District within |
the municipality's corporate limits. When conducting an |
investigation, the municipality may hold public hearings on |
its own motion. |
A circuit court, upon application of a participating |
municipality, may compel the attendance of witnesses, the |
production of books and papers, and giving of testimony before |
the municipality's city council by attachment for contempt or |
otherwise in the same manner as the production of evidence may |
be compelled before the court. |
When conducting an investigation authorized by this |
Section, the participating municipality shall, at its expense, |
provide a stenographer to take down all testimony and shall |
preserve a record of the proceedings. The notice of hearing, |
complaint, and all other documents in the nature of pleadings |
and written motions filed in the proceedings, the transcript |
of testimony, and the orders or decision of the city council |
constitutes the record of the proceedings. |
(b) The city council of the participating municipality is |
not required to certify any record or file any answer or |
otherwise appear in any proceeding for judicial review of an |
administrative decision unless the party asking for review |
deposits with the clerk of the court the sum of $1 per page of |
the record representing the costs of the certification. |
Failure to make this deposit is ground for dismissal of the |
|
action. |
A final administrative decision of a participating |
municipality is subject to judicial review under the |
Administrative Review Law and the rules adopted pursuant to |
that Law.
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Section 120. Severability; interaction with other laws and |
parties. |
(a) The provisions of this Act are severable under Section |
1.31 of the Statute on Statutes. |
(b) The provisions of this Act do not impair, alter, |
modify, repeal, or supersede the jurisdiction or powers of the |
Illinois Commerce Commission or of the Department of Natural |
Resources under the Rivers, Lakes, and Streams Act. |
(c) 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 the land and facilities in the business of the |
common carrier or other public utility without approval of the |
Illinois Commerce Commission and without the payment of just |
compensation to the common carrier or other public utility for |
damages resulting from the restriction, limitation, or |
interference. |
|
(d) The provisions of the Illinois Municipal Code shall |
not be effective inside the Port District insofar as that Code |
conflicts with this Act or grants substantially the same |
powers to any municipality or political subdivision as are |
granted to the Port District by this Act.
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Section 900. Home rule. |
(a) A participating municipality that is a home rule |
municipality may not regulate or act in a manner inconsistent |
with this Act as those regulations or acts apply to the Rock |
Island Regional Port District. This Act is a limitation under |
subsection (i) of Section 6 of Article VII of the Illinois |
Constitution on the concurrent exercise by home rule units of |
powers and functions exercised by the State. |
(b) Nothing in this Section prohibits regulations or |
actions by a municipality that are otherwise lawful and not |
expressly prohibited by or in conflict with this Act.
|
Section 905. The Foreign Trade Zones Act is amended by |
changing Section 1 as follows:
|
(50 ILCS 40/1) (from Ch. 24, par. 1361)
|
Sec. 1.
Each of the following units of State or local |
government and public or
private corporations shall have the |
power to apply to proper authorities of
the United States of |
America pursuant to appropriate law for the right to
|
|
establish, operate, maintain and lease foreign trade zones and |
sub-zones
within its corporate limits or within limits |
established pursuant to
agreement with proper authorities of |
the United States of America, as the
case may be, and to |
establish, operate, maintain and lease such foreign
trade |
zones and sub-zones:
|
(a) The City of East St. Louis.
|
(b) The Bi-State Authority, Lawrenceville - Vincennes
|
Airport.
|
(c) The Waukegan Port district.
|
(d) The Illinois Valley Regional Port District.
|
(e) The Economic Development Council, Inc. located in the
|
area of the United States Customs Port of Entry for Peoria,
|
pursuant to authorization granted by the county boards in the
|
geographic area served by the proposed foreign trade zone.
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(f) The Greater Rockford Airport Authority.
|
(f-1) The Rock Island Regional Port District, |
(f-5) The Illinois Department of Transportation, with |
respect to the South Suburban Airport. |
(g) After the effective date of this amendatory Act of |
1984, any county,
city, village or town within the State or a |
public or private corporation
authorized or licensed to do |
business in the State or any combination thereof
may apply to |
the Foreign Trade Zones Board, United States Department of
|
Commerce, for the right to establish, operate and maintain a |
foreign trade
zone and sub-zones. For the purposes of this |
|
Section, such foreign trade
zone or sub-zones may be |
incorporated outside the corporate boundaries or
be made up of |
areas from adjoining counties or states.
|
(h) No foreign trade zone may be established within 50 |
miles of an existing
zone situated in a county with 3,000,000 |
or more inhabitants or within 35
miles of an existing zone |
situated in a county with less than 3,000,000
inhabitants, |
such zones having been
created pursuant to this Act without |
the permission of the authorities
which established the |
existing zone.
|
(Source: P.A. 98-109, eff. 7-25-13.)
|
Section 910. The Eminent Domain Act is amended by changing |
Section 15-5-46 as follows:
|
(735 ILCS 30/15-5-46) |
Sec. 15-5-46. Eminent domain powers in new Acts. The |
following provisions of law may include express grants of the |
power to acquire property by condemnation or eminent domain:
|
Rock Island Regional Port District Act; Rock Island Regional |
Port District and participating municipalities; for |
general Port District purposes. (Reserved).
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(Source: P.A. 96-1522, eff. 2-14-11; 97-813, eff. 7-13-12.)
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