Bill Text: IL SB2106 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Emergency Telephone System Act. Provides that moneys in the Emergency Telephone System Fund may be used to purchase automatic external defibrillators, subject to certain restrictions. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-12-16 - Public Act . . . . . . . . . 96-0838 [SB2106 Detail]
Download: Illinois-2009-SB2106-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Massac-Metropolis Port District Act.
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6 | Section 5. Definitions. As used in this Act, the following | ||||||
7 | terms shall have the following meanings unless a different | ||||||
8 | meaning clearly appears from the context: | ||||||
9 | "Aircraft" means any contrivance now known or hereafter | ||||||
10 | invented, used, or designed for navigation of, or flight in, | ||||||
11 | the air. | ||||||
12 | "Airport" means any locality, either land or water, which | ||||||
13 | is used or designed for the landing and taking off of aircraft, | ||||||
14 | or for the location of runways, landing fields, airdromes, | ||||||
15 | hangars, buildings, structures, airport roadways, and other | ||||||
16 | facilities. | ||||||
17 | "Airport hazard" means any structure, or object of natural | ||||||
18 | growth, located on or in the vicinity of an airport, or any use | ||||||
19 | of land near an airport which is hazardous to the use of such | ||||||
20 | airport for the landing and take off of aircraft. | ||||||
21 | "Approach" means any path, course, or zone defined by an | ||||||
22 | ordinance of the District or by other lawful regulation, on the | ||||||
23 | ground or in the air, or both, for the use of aircraft in |
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1 | landing and taking off from an airport located within the | ||||||
2 | District. | ||||||
3 | "Board" means the Massac-Metropolis Port District Board. | ||||||
4 | "Commercial aircraft" means any aircraft other than public | ||||||
5 | aircraft engaged in the business of transporting persons or | ||||||
6 | property. | ||||||
7 | "District" or "Port District" means the Massac-Metropolis | ||||||
8 | Port District created by this Act. | ||||||
9 | "Export trading companies" means a person, partnership, | ||||||
10 | association, public or private corporation or similar | ||||||
11 | organization, whether operated for profit or not-for-profit, | ||||||
12 | which is organized and operated principally for purposes of | ||||||
13 | exporting goods or services produced in the United States, | ||||||
14 | importing goods or services produced in foreign countries, | ||||||
15 | conducting third country trading or facilitating such trade by | ||||||
16 | providing one or more services in support of such trade. | ||||||
17 | "General obligation bond" means any bond issued by the | ||||||
18 | District any part of the principal or interest of which bond is | ||||||
19 | to be paid by taxation. | ||||||
20 | "Governmental agency" means the federal government, the | ||||||
21 | State, and any unit of local government or school district, and | ||||||
22 | any agency or instrumentality, corporate or otherwise, | ||||||
23 | thereof. | ||||||
24 | "Governor" means the Governor of the State of Illinois. | ||||||
25 | "Mayor" means the Mayor of the City of Metropolis, the | ||||||
26 | Mayor of the City of Brookport, or the President of the Village |
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1 | of Joppa, as the case may require. | ||||||
2 | "Navigable waters" means any public waters which are or can | ||||||
3 | be made usable for water commerce. | ||||||
4 | "Person" means any individual, firm, partnership, | ||||||
5 | corporation, both domestic and foreign, company, association, | ||||||
6 | or joint stock association; and includes
any trustee, receiver, | ||||||
7 | assignee, or personal representative thereof. | ||||||
8 | "Port facilities" means all public structures, except | ||||||
9 | terminal facilities as defined herein, that are in, over, | ||||||
10 | under, or adjacent to navigable waters and are necessary for or | ||||||
11 | incident to the furtherance of water commerce and includes the | ||||||
12 | widening and deepening of slips, harbors, and navigable waters. | ||||||
13 | "Private aircraft" means any aircraft other than public and | ||||||
14 | commercial aircraft. | ||||||
15 | "Public aircraft" means an aircraft used exclusively in the | ||||||
16 | governmental service of the United States, or of any state or | ||||||
17 | of any public agency, including military and naval aircraft. | ||||||
18 | "Public airport" means an airport owned by a Port District, | ||||||
19 | an airport authority or other public agency which is used or is | ||||||
20 | intended for use by public, commercial, and private aircraft | ||||||
21 | and by persons owning, managing, operating or desiring to use, | ||||||
22 | inspect, or repair any such aircraft or to use any such airport | ||||||
23 | for aeronautical purposes. | ||||||
24 | "Public interest" means the protection, furtherance and | ||||||
25 | advancement of the general welfare and of public health and | ||||||
26 | safety and public necessity and convenience in respect to |
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1 | aeronautics. | ||||||
2 | "Revenue bond" means any bond issued by the District the | ||||||
3 | principal and interest of which bond is payable solely from | ||||||
4 | revenues or income derived from terminal, terminal facilities, | ||||||
5 | or port facilities of the District. | ||||||
6 | "Terminal" means a public place, station, or depot for | ||||||
7 | receiving and delivering baggage, mail, freight, or express | ||||||
8 | matter and for any combination of such purposes, in connection | ||||||
9 | with the transportation of persons and property on water or | ||||||
10 | land or in the air. | ||||||
11 | "Terminal facilities" means all land, buildings, | ||||||
12 | structures, improvements, equipment, and appliances useful in | ||||||
13 | the operation of public warehouse, storage, and transportation | ||||||
14 | facilities for the accommodation of or in connection with | ||||||
15 | commerce by water or land or in the air or useful as an aid, or | ||||||
16 | constituting an advantage or convenience to, the safe landing, | ||||||
17 | taking off and navigation of aircraft, or the safe and | ||||||
18 | efficient operation or maintenance of a public airport; except | ||||||
19 | that nothing in this definition contained shall be interpreted | ||||||
20 | as granting authority to the District to acquire, purchase, | ||||||
21 | create, erect, or construct a bridge across any waterway which | ||||||
22 | serves as a boundary between the State of Illinois and any | ||||||
23 | other state.
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24 | Section 10. Massac-Metropolis Port District. There is | ||||||
25 | created a political subdivision, body politic, and municipal |
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1 | corporation by the name of the Massac-Metropolis Port District | ||||||
2 | embracing all of the area within the corporate limits of Massac | ||||||
3 | County.
Territory may be annexed to the District in the manner | ||||||
4 | hereinafter provided in this Act.
The District may sue and be | ||||||
5 | sued in its corporate name but execution shall not in any case | ||||||
6 | issue against any property of the District. It may adopt a | ||||||
7 | common seal and change the same at pleasure.
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8 | Section 15. Property of District; exemption. All property | ||||||
9 | of every kind owned by the Port District shall be exempt from | ||||||
10 | taxation. However, a tax may be levied upon a lessee of the | ||||||
11 | Port District by reason of the value of a leasehold estate | ||||||
12 | separate and apart from the fee simple title, or upon such | ||||||
13 | improvements as are constructed and owned by others than the | ||||||
14 | Port District. | ||||||
15 | All property of the Port District shall be public grounds | ||||||
16 | owned by a municipal corporation and used exclusively for | ||||||
17 | public purposes within the tax exemption provisions of Sections | ||||||
18 | 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 | ||||||
19 | of the Property Tax Code.
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20 | Section 20. Rights and powers. The Port District has the | ||||||
21 | following rights and powers: | ||||||
22 | (a) To issue permits: for the construction of all wharves, | ||||||
23 | piers, dolphins, booms, weirs, breakwaters, bulkheads, | ||||||
24 | jetties, bridges or other structures of any kind, over, under, |
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1 | in, or within 40 feet of any navigable waters within the Port | ||||||
2 | District; for the deposit of rock, earth, sand, or other | ||||||
3 | material, or any matter of any kind or description in said | ||||||
4 | waters; except that nothing contained in this subsection (a) | ||||||
5 | shall be construed so that it will be deemed necessary to | ||||||
6 | obtain a permit from the District for the erection, operation, | ||||||
7 | or maintenance of any bridge crossing a waterway which serves | ||||||
8 | as a boundary between the State of Illinois and any other | ||||||
9 | state, when said erection, operation, or maintenance is | ||||||
10 | performed by any city within the District. | ||||||
11 | (b) To prevent or remove obstructions in navigable waters, | ||||||
12 | including the removal of wrecks. | ||||||
13 | (c) To locate and establish dock lines and shore or harbor | ||||||
14 | lines. | ||||||
15 | (d) To regulate the anchorage, moorage, and speed of water | ||||||
16 | borne vessels and to establish and enforce regulations for the | ||||||
17 | operation of bridges, except nothing contained in this | ||||||
18 | subsection (d) shall be construed to give the District | ||||||
19 | authority to regulate the operation of any bridge crossing a | ||||||
20 | waterway which serves as a boundary between the State of | ||||||
21 | Illinois and any other state, when such operation is performed | ||||||
22 | or to be performed by any city within the District. | ||||||
23 | (e) To acquire, own, construct, lease, operate, and | ||||||
24 | maintain terminals, terminal facilities, and port facilities, | ||||||
25 | and to fix and collect just, reasonable, and nondiscriminatory | ||||||
26 | charges for the use of such facilities. The charges so |
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1 | collected shall be used to defray the reasonable expenses of | ||||||
2 | the Port District and to pay the principal of and interest on | ||||||
3 | any revenue bonds issued by the District. | ||||||
4 | (f) To locate, establish, and maintain a public airport, | ||||||
5 | public airports and public airport facilities within its | ||||||
6 | corporate limits or within or upon any body of water adjacent | ||||||
7 | thereto, and to construct, develop, expand, extend, and improve | ||||||
8 | any such airport or airport
facility. | ||||||
9 | (g) To operate, maintain, manage, lease, sublease, and to | ||||||
10 | make and enter into contracts for the use, operation, or | ||||||
11 | management of, and to provide rules and regulations for, the | ||||||
12 | operation, management or use of, any public airport or public | ||||||
13 | airport facility. | ||||||
14 | (h) To fix, charge, and collect reasonable rentals, tolls, | ||||||
15 | fees, and charges for the use of any public airport, or any | ||||||
16 | part thereof, or any public airport facility. | ||||||
17 | (i) To establish, maintain, extend, and improve roadways | ||||||
18 | and approaches by land, water, or air to any such airport and | ||||||
19 | to contract or otherwise provide, by condemnation if necessary, | ||||||
20 | for the removal of any airport hazard or the removal or | ||||||
21 | relocation of all private structures, railways, mains, pipes, | ||||||
22 | conduits, wires, poles, and all other facilities and equipment | ||||||
23 | which may interfere with the location, expansion, development, | ||||||
24 | or improvement of airports or with the safe approach thereto or | ||||||
25 | takeoff therefrom by aircraft, and to pay the cost of removal | ||||||
26 | or relocation; and, subject to the Airport Zoning Act, to |
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1 | adopt, administer, and enforce airport zoning regulations for | ||||||
2 | territory which is within its corporate limits or which extends | ||||||
3 | not more than 2 miles beyond its corporate limits. | ||||||
4 | (j) To restrict the height of any object of natural growth | ||||||
5 | or structure or structures within the vicinity of any airport | ||||||
6 | or within the lines of an approach to any airport and, when | ||||||
7 | necessary, for the reduction in the height of any such existing | ||||||
8 | object or structure, to enter into an agreement for such | ||||||
9 | reduction or to accomplish same by condemnation. | ||||||
10 | (k) To agree with the State or federal governments or with | ||||||
11 | any public agency in respect to the removal and relocation of | ||||||
12 | any object of natural growth, airport hazard, or any structure | ||||||
13 | or building within the vicinity of any airport or within an | ||||||
14 | approach and which is owned or within the control of such | ||||||
15 | government or agency and to pay all or an agreed portion of the | ||||||
16 | cost of such removal or relocation. | ||||||
17 | (l) For the prevention of accidents, for the furtherance | ||||||
18 | and protection of public health, safety, and convenience in | ||||||
19 | respect to aeronautics, for the protection of property and | ||||||
20 | persons within the District from any hazard or nuisance | ||||||
21 | resulting from the flight of aircraft, for the prevention of | ||||||
22 | interference between, or collision of, aircraft while in flight | ||||||
23 | or upon the ground, for the prevention or abatement of | ||||||
24 | nuisances in the air or upon the ground or for the extension of | ||||||
25 | increase in the usefulness or safety of any public airport or | ||||||
26 | public airport facility owned by the District, the District may |
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1 | regulate and restrict the flight of aircraft while within or | ||||||
2 | above the incorporated territory of the District. | ||||||
3 | (m) To police its physical property only and all waterways | ||||||
4 | and to exercise police powers in respect thereto or in respect | ||||||
5 | to the enforcement of any rule or regulation provided by the | ||||||
6 | ordinances of the District and to employ and commission police | ||||||
7 | officers and other qualified persons to enforce the same. The | ||||||
8 | use of any such public airport or public airport facility of | ||||||
9 | the District shall be subject to the reasonable regulation and | ||||||
10 | control of the District and upon such reasonable terms and | ||||||
11 | conditions as shall be established by its Board. A regulatory | ||||||
12 | ordinance of the District adopted under any provisions of this | ||||||
13 | Section may provide for a suspension or revocation of any | ||||||
14 | rights or privileges within the control of the District for a | ||||||
15 | violation of any such regulatory ordinance. Nothing in this | ||||||
16 | Section or in other provisions of this Act shall be construed | ||||||
17 | to authorize the Board to establish or enforce any regulation | ||||||
18 | or rule in respect to aviation, or the operation or maintenance | ||||||
19 | of any airport facility within its jurisdiction, which is in | ||||||
20 | conflict with any federal or State law or regulation applicable | ||||||
21 | to the same subject matter. | ||||||
22 | (n) To enter into agreements with the corporate authorities | ||||||
23 | or governing body of any other municipal corporation or any | ||||||
24 | political subdivision of this State to pay the reasonable | ||||||
25 | expense of services furnished by such municipal corporation or | ||||||
26 | political subdivision for or on account of income producing |
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1 | properties of the District. | ||||||
2 | (o) To enter into contracts dealing in any manner with the | ||||||
3 | objects and purposes of this Act. | ||||||
4 | (p) To acquire, own, lease, sell, or otherwise dispose of | ||||||
5 | interests in and to real property and improvements situated | ||||||
6 | thereon and in personal property necessary to fulfill the | ||||||
7 | purposes of the District. | ||||||
8 | (q) To designate the fiscal year for the District. | ||||||
9 | (r) To engage in any activity or operation which is | ||||||
10 | incidental to and in furtherance of efficient operation to | ||||||
11 | accomplish the District's primary purpose. | ||||||
12 | (s) To build, construct, repair, and maintain levees.
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13 | Section 25. Prompt payment. Purchases made pursuant to this | ||||||
14 | Act shall be made in compliance with the Local Government | ||||||
15 | Prompt Payment Act.
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16 | Section 30. Acquisition of property. The District has power | ||||||
17 | to acquire and accept by purchase, lease, gift, grant, or | ||||||
18 | otherwise any property and rights useful for its purposes and | ||||||
19 | to provide for the development of channels, ports, harbors, | ||||||
20 | airports, airfields, terminals, port facilities, and terminal | ||||||
21 | facilities adequate to serve the needs of commerce within the | ||||||
22 | District. The District may acquire real or personal property or | ||||||
23 | any rights therein in the manner, as near as may be, as is | ||||||
24 | provided for the exercise of the right of eminent domain under |
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1 | the Eminent Domain Act; except that no rights or property of | ||||||
2 | any kind or character now or hereafter owned, leased, | ||||||
3 | controlled, or operated and used by, or necessary for the | ||||||
4 | actual operations of, any common carrier engaged in interstate | ||||||
5 | commerce, or of any other public utility subject to the | ||||||
6 | jurisdiction of the Illinois Commerce Commission, shall be | ||||||
7 | taken or appropriated by the District without first obtaining | ||||||
8 | the approval of the Illinois Commerce Commission. | ||||||
9 | Notwithstanding the provisions of any other Section of this | ||||||
10 | Act, the District shall have full power and authority to lease | ||||||
11 | any or all of its facilities for operation and maintenance to | ||||||
12 | any person for such length of time and upon such terms as the | ||||||
13 | District shall deem necessary. | ||||||
14 | Also, the District may lease to others for any period of | ||||||
15 | time, not to exceed 99 years, upon such terms as its Board may | ||||||
16 | determine, any of its real property, rights-of-way or | ||||||
17 | privileges, or any interest therein, or any part thereof, for | ||||||
18 | industrial, manufacturing, commercial, or harbor purposes, | ||||||
19 | which is in the opinion of the Port District Board no longer | ||||||
20 | required for its primary purposes in the development of port | ||||||
21 | and harbor facilities for the use of public transportation, or | ||||||
22 | which may not be immediately needed for such purposes, but | ||||||
23 | where such leases will in the opinion of the Port District | ||||||
24 | Board aid and promote such purposes, and in conjunction with | ||||||
25 | such leases, the District may grant rights-of-way and | ||||||
26 | privileges across the property of the District, which |
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1 | rights-of-way and privileges may be assignable and irrevocable | ||||||
2 | during the term of any such lease and may include the right to | ||||||
3 | enter upon the property of the District to do such things as | ||||||
4 | may be necessary for the enjoyment of such leases, | ||||||
5 | rights-of-way, and privileges, and such leases may contain such | ||||||
6 | conditions and retain such interest therein as may be deemed | ||||||
7 | for the best interest of the District by such Board. | ||||||
8 | Also, the District shall have the right to grant easements | ||||||
9 | and permits for the use of any such real property, | ||||||
10 | rights-of-way, or privileges which in the opinion of the Board | ||||||
11 | will not interfere with the use thereof by the District for its | ||||||
12 | primary purposes and such easements and permits may contain | ||||||
13 | such conditions and retain such interest therein as may be | ||||||
14 | deemed for the best interest of the District by the Board. | ||||||
15 | With respect to any and all leases, easements, | ||||||
16 | rights-of-way, privileges, and permits made or granted by the | ||||||
17 | Board, the Board may agree upon and collect the rentals, | ||||||
18 | charges, and fees that may be deemed for the best interest of | ||||||
19 | the District. Such rentals, charges, and fees shall be used to | ||||||
20 | defray the reasonable expenses of the District and to pay the | ||||||
21 | principal of and interest on any revenue bonds issued by the | ||||||
22 | District.
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23 | Section 35. Eminent domain. Notwithstanding any other | ||||||
24 | provision of this Act, any power granted under this Act to | ||||||
25 | acquire property by condemnation or eminent domain is subject |
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1 | to, and shall be exercised in accordance with, the Eminent | ||||||
2 | Domain Act.
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3 | Section 40. Export trading companies. The District is | ||||||
4 | authorized and empowered to establish, organize, own, acquire, | ||||||
5 | participate in, operate, sell, and transfer export trading | ||||||
6 | companies, whether as shareholder, partner, or co-venturer, | ||||||
7 | alone or in cooperation with federal, state or local | ||||||
8 | governmental authorities, federal, state, or national banking | ||||||
9 | associations, or any other public or private corporation or | ||||||
10 | person or persons. Export trading companies and all of the | ||||||
11 | property thereof, wholly or partly owned, directly or | ||||||
12 | indirectly, by the District, shall have the same privileges and | ||||||
13 | immunities as accorded to the District; and export trading | ||||||
14 | companies may borrow money or obtain financial assistance from | ||||||
15 | private lenders or federal and state governmental authorities | ||||||
16 | or issue general obligation and revenue bonds with the same | ||||||
17 | kinds of security, and in accordance with the same procedures, | ||||||
18 | restrictions, and privileges applicable when the District | ||||||
19 | obtains financial assistance or issues bonds for any of its | ||||||
20 | other authorized purposes. Such export trading companies are | ||||||
21 | authorized, if necessary or desirable, to apply for | ||||||
22 | certification under Title II or Title III of the Export Trading | ||||||
23 | Company Act of 1982.
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24 | Section 45. Grants, loans, and appropriations. The |
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1 | District has power to apply for and accept grants, loans, or | ||||||
2 | appropriations from the federal government or any agency or | ||||||
3 | instrumentality thereof to be used for any of the purposes of | ||||||
4 | the District and to enter into any agreements with the federal | ||||||
5 | government in relation to such grants, loans, or | ||||||
6 | appropriations. | ||||||
7 | The District may petition any federal, state, municipal, or | ||||||
8 | local authority, administrative, judicial and legislative, | ||||||
9 | having jurisdiction in the premises, for the adoption and | ||||||
10 | execution of any physical improvement, change in method or | ||||||
11 | system of handling freight, warehousing, docking, lightering, | ||||||
12 | and transfer of freight, which in the opinion of the District | ||||||
13 | is designed to improve or better the handling of commerce in | ||||||
14 | and through the Port District or improve terminal or | ||||||
15 | transportation facilities therein.
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16 | Section 50. Insurance contracts. The District has power to | ||||||
17 | procure and enter into contracts for any type of insurance or | ||||||
18 | indemnity against loss or damage to property from any cause, | ||||||
19 | including loss of use and occupancy, against death or injury of | ||||||
20 | any person, against employers' liability, against any act of | ||||||
21 | any member, officer, or employee of the District in the | ||||||
22 | performance of the duties of his or her office or employment or | ||||||
23 | any other insurable risk.
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24 | Section 55. Rentals, charges, and fees. With respect to any |
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1 | and all leases, easements, rights-of-way, privileges, and | ||||||
2 | permits made or granted by the Board, the Board may agree upon | ||||||
3 | and collect the rentals, charges, and fees that are deemed to | ||||||
4 | be in the best interest of the District. Those rentals, | ||||||
5 | charges, and fees must be used to defray the reasonable | ||||||
6 | expenses of the District and to pay the principal and interest | ||||||
7 | upon any revenue bonds issued by the District.
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8 | Section 60. Borrowing money. The District has the | ||||||
9 | continuing power to borrow money and issue either general | ||||||
10 | obligation bonds after approval by referendum as hereinafter | ||||||
11 | provided or revenue bonds without referendum approval for the | ||||||
12 | purpose of acquiring, constructing, reconstructing, extending | ||||||
13 | or improving terminals, terminal facilities, airfields, | ||||||
14 | airports, and port facilities, and for acquiring any property | ||||||
15 | and equipment useful for the construction, reconstruction, | ||||||
16 | extension, improvement, or operation of its terminals, | ||||||
17 | terminal facilities, airfields, airports, and port facilities, | ||||||
18 | and for acquiring necessary cash working funds. | ||||||
19 | The District may pursuant to ordinance adopted by the Board | ||||||
20 | and without submitting the question to referendum from time to | ||||||
21 | time issue and dispose of its interest bearing revenue bonds | ||||||
22 | and may also in the same manner from time to time issue and | ||||||
23 | dispose of its interest bearing revenue bonds to refund any | ||||||
24 | revenue bonds at maturity or pursuant to redemption provisions | ||||||
25 | or at any time before maturity with the consent of the holders |
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1 | thereof. | ||||||
2 | If the Board desires to issue general obligation bonds it | ||||||
3 | shall adopt an ordinance specifying the amount of bonds to be | ||||||
4 | issued, the purpose for which they will be issued, the maximum | ||||||
5 | rate of interest they will bear which shall not be more than | ||||||
6 | that permitted in the Bond Authorization Act. Such interest may | ||||||
7 | be paid semiannually. The ordinance shall also specify the date | ||||||
8 | of maturity which shall not be more than 20 years after the | ||||||
9 | date of issuance and shall levy a tax that will be required to | ||||||
10 | amortize such bonds. This ordinance shall not be effective | ||||||
11 | until it has been submitted to referendum of, and approved by, | ||||||
12 | the legal voters of the District. The Board shall certify the | ||||||
13 | ordinance and the proposition to the proper election officials, | ||||||
14 | who shall submit the proposition to the voters at an election | ||||||
15 | in accordance with the general election law. If a majority of | ||||||
16 | the vote on the proposition is in favor of the issuance of such | ||||||
17 | general obligation bonds, the county clerk shall annually | ||||||
18 | extend taxes against all taxable property within the District | ||||||
19 | at a rate sufficient to pay the maturing principal and interest | ||||||
20 | of these bonds. | ||||||
21 | The proposition shall be in substantially the following | ||||||
22 | form: | ||||||
23 | Shall general obligation bonds in the amount of | ||||||
24 | (dollars) be issued by the Massac-Metropolis Port District | ||||||
25 | for the (purpose) maturing in no more than (years), bearing | ||||||
26 | not more than (interest)%, and a tax levied to pay the |
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1 | principal and interest thereof?
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2 | The election authority must record the votes as "Yes" or "No".
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3 | Section 65. Revenue bonds. All revenue bonds shall be | ||||||
4 | payable solely from the revenues or income to be derived from | ||||||
5 | the terminals, terminal facilities, airfields, airports, or | ||||||
6 | port facilities or any part thereof. The bonds may bear such | ||||||
7 | date or dates and may mature at such time or times not | ||||||
8 | exceeding 40 years from their respective dates, all as may be | ||||||
9 | provided in the ordinance authorizing their issuance. All | ||||||
10 | bonds, whether revenue or general obligation, may bear interest | ||||||
11 | at such rate or rates as permitted in the Bond Authorization | ||||||
12 | Act. Such interest may be paid semiannually. All such bonds may | ||||||
13 | be in such form, may carry such registration privileges, may be | ||||||
14 | executed in such manner, may be payable at such place or | ||||||
15 | places, may be made subject to redemption in such manner and | ||||||
16 | upon such terms, with or without premium as is stated on the | ||||||
17 | face thereof, may be authenticated in such manner and may | ||||||
18 | contain such terms and covenants, all as may be provided in the | ||||||
19 | ordinance authorizing issuance.
The holder or holders of any | ||||||
20 | bonds or interest coupons appertaining thereto issued by the | ||||||
21 | District may bring civil actions to compel the performance and | ||||||
22 | observance by the District or any of its officers, agents, or | ||||||
23 | employees of any contract or covenant made by the District with | ||||||
24 | the holders of such bonds or interest coupons and to compel the | ||||||
25 | District and any of its officers, agents, or employees to |
| |||||||
| |||||||
1 | perform any duties required to be performed for the benefit of | ||||||
2 | the holders of any such bonds or interest coupons by the | ||||||
3 | provision in the ordinance authorizing their issuance, and to | ||||||
4 | enjoin the District and any of its officers, agents, or | ||||||
5 | employees from taking any action in conflict with any such | ||||||
6 | contract or covenant, including the establishment of charges, | ||||||
7 | fees, and rates for the use of facilities as hereinafter | ||||||
8 | provided. | ||||||
9 | Notwithstanding the form and tenor of any bond, whether | ||||||
10 | revenue or general obligation, and in the absence of any | ||||||
11 | express recital on the face thereof that it is nonnegotiable, | ||||||
12 | all such bonds shall be negotiable instruments. Pending the | ||||||
13 | preparation and execution of any such bonds, temporary bonds | ||||||
14 | may be issued with or without interest coupons as may be | ||||||
15 | provided by ordinance.
| ||||||
16 | Section 70. Issuing bonds. All bonds, whether general | ||||||
17 | obligation or revenue, shall be issued and sold by the Board in | ||||||
18 | such manner as the Board shall determine. However, if any bonds | ||||||
19 | are issued to bear interest at the maximum rate of interest | ||||||
20 | allowed by Section 60 or 65, whichever may be applicable, the | ||||||
21 | bonds shall be sold for not less than par and accrued interest. | ||||||
22 | The selling price of bonds bearing interest at a rate less than | ||||||
23 | the maximum allowable interest rate per annum shall be such | ||||||
24 | that the interest cost to the District of the money received | ||||||
25 | from the bond sale shall not exceed the maximum annual interest |
| |||||||
| |||||||
1 | rate allowed by Section 60 or 65, whichever may be applicable, | ||||||
2 | computed to absolute maturity of such bonds according to | ||||||
3 | standard tables of bond values.
| ||||||
4 | Section 75. Rates and charges for facilities. Upon the | ||||||
5 | issue of any revenue bonds as herein provided, the Board shall | ||||||
6 | fix and establish rates, charges, and fees for the use of | ||||||
7 | facilities acquired, constructed, reconstructed, extended, or | ||||||
8 | improved with the proceeds derived from the sale of said | ||||||
9 | revenue bonds sufficient at all times with other revenues of | ||||||
10 | the District, if any, to pay (a) the cost of maintaining, | ||||||
11 | repairing, regulating, and operating the said facilities; and | ||||||
12 | (b) the bonds and interest thereon as they become due, and all | ||||||
13 | sinking fund requirements and other requirements provided by | ||||||
14 | the ordinance authorizing the issuance of the bonds or as | ||||||
15 | provided by any trust agreement executed to secure payment | ||||||
16 | thereof. | ||||||
17 | To secure the payment of any or all revenue bonds and for | ||||||
18 | the purpose of setting forth the covenants and undertaking of | ||||||
19 | the District in connection with the issuance of revenue bonds | ||||||
20 | and the issuance of any additional revenue bonds payable from | ||||||
21 | such revenue income to be derived from the terminals, terminal | ||||||
22 | facilities, airports, airfields, and port facilities, the | ||||||
23 | District may execute and deliver a trust agreement or | ||||||
24 | agreements except that no lien upon any physical property of | ||||||
25 | the District shall be created thereby. A remedy for any breach |
| |||||||
| |||||||
1 | or default of the terms of any such trust agreement by the | ||||||
2 | District may be by mandamus proceedings in the circuit court to | ||||||
3 | compel performance and compliance therewith, but the trust | ||||||
4 | agreement may prescribe by whom or on whose behalf such action | ||||||
5 | may be instituted.
| ||||||
6 | Section 80. Bonds not obligations of the State or district. | ||||||
7 | Under no circumstances shall any bonds issued by the District | ||||||
8 | or any other obligation of the District be or become an | ||||||
9 | indebtedness or obligation of the State of Illinois or of any | ||||||
10 | other political subdivision of or municipality within the | ||||||
11 | State. | ||||||
12 | No revenue bond shall be or become an indebtedness of the | ||||||
13 | District within the purview of any constitutional limitation or | ||||||
14 | provision, and it shall be plainly stated on the face of each | ||||||
15 | revenue bond that it does not constitute such an indebtedness, | ||||||
16 | or obligation but is payable solely from the revenues or income | ||||||
17 | derived from terminals, terminal facilities, airports, | ||||||
18 | airfields, and port facilities.
| ||||||
19 | Section 85. Tax levy. The Board may, after referendum | ||||||
20 | approval, levy a tax for corporate purposes of the District | ||||||
21 | annually at the rate approved by referendum, but which rate | ||||||
22 | shall not exceed 0.05% of the value of all taxable property | ||||||
23 | within the Port District as equalized or assessed by the | ||||||
24 | Department of Revenue.
If the Board desires to levy such a tax |
| |||||||
| |||||||
1 | it shall order that the question be submitted at an election to | ||||||
2 | be held within the District. The Board shall certify its order | ||||||
3 | and the question to the proper election officials, who shall | ||||||
4 | submit the question to the voters at an election in accordance | ||||||
5 | with the general election law. The Board shall cause the result | ||||||
6 | of the election to be entered upon the records of the Port | ||||||
7 | District. If a majority of the vote on the question is in favor | ||||||
8 | of the proposition, the Board may annually thereafter levy a | ||||||
9 | tax for corporate purposes at a rate not to exceed that | ||||||
10 | approved by referendum but in no event to exceed 0.05% of the | ||||||
11 | value of all taxable property within the District as equalized | ||||||
12 | or assessed by the Department of Revenue. | ||||||
13 | The question shall be in substantially the following form: | ||||||
14 | Shall the Massac-Metropolis Port District levy a tax | ||||||
15 | for corporate purposes annually at a rate not to exceed | ||||||
16 | 0.05% of the value of taxable property as equalized or | ||||||
17 | assessed by the Department of Revenue?
| ||||||
18 | The election authority shall record the votes as "Yes" or "No".
| ||||||
19 | Section 90. Permits. It is unlawful to make any fill or | ||||||
20 | deposit of rock, earth, sand, or other material, or any refuse | ||||||
21 | matter of any kind or description, or build or commence the | ||||||
22 | building of any wharf, pier, dolphin, boom, weir, breakwater, | ||||||
23 | bulkhead, jetty, bridge, or other structure over, under, or | ||||||
24 | within 40 feet of any navigable waters within the Port District | ||||||
25 | without first submitting the plans, profiles, and |
| |||||||
| |||||||
1 | specifications therefor, and such other data and information as | ||||||
2 | may be required, to the Port District and receiving a permit | ||||||
3 | therefor; and any person, corporation, company, city or | ||||||
4 | municipality or other agency, which shall do any of the things | ||||||
5 | above prohibited, without securing a permit therefor as above | ||||||
6 | provided, shall be guilty of a Class A misdemeanor; provided, | ||||||
7 | however, that no such permit shall be required in the case of | ||||||
8 | any project for which a permit shall have been secured from a | ||||||
9 | proper governmental agency prior to the creation of the Port | ||||||
10 | District nor shall any such permit be required in the case of | ||||||
11 | any project to be undertaken by any city, village, or | ||||||
12 | incorporated town in the District, or any combination thereof, | ||||||
13 | for which a permit is required from a governmental agency other | ||||||
14 | than the District before the municipality can proceed with such | ||||||
15 | project. And in such event, such municipalities, or any of | ||||||
16 | them, shall give at least 10 days' notice to the District of | ||||||
17 | the application for a permit for any such project from a | ||||||
18 | governmental agency other than the District so that the | ||||||
19 | District may be present and represent its position relative to | ||||||
20 | such application before such other governmental agency. Any | ||||||
21 | structure, fill, or deposit erected or made in any of the | ||||||
22 | public bodies of water within the Port District, in violation | ||||||
23 | of the provisions of this Section, is a purpresture and may be | ||||||
24 | abated as such at the expense of the person, corporation, | ||||||
25 | company, municipality, or other agency responsible therefor, | ||||||
26 | or if, in the discretion of the Port District, it is decided |
| |||||||
| |||||||
1 | that such structure, fill, or deposit may remain, the Port | ||||||
2 | District may fix such rule, regulation, requirement, | ||||||
3 | restrictions, or rentals or require and compel such changes, | ||||||
4 | modifications, and repairs as shall be necessary to protect the | ||||||
5 | interest of the Port District.
| ||||||
6 | Section 95. Board members. The governing and | ||||||
7 | administrative body of the Port District shall be a Board | ||||||
8 | consisting of 7 members, to be known as the Massac-Metropolis | ||||||
9 | Port District Board. All members of the Board shall be | ||||||
10 | residents of the District. The members of the Board shall serve | ||||||
11 | without compensation but shall be reimbursed for actual | ||||||
12 | expenses incurred by them in the performance of their duties. | ||||||
13 | However, any member of the Board who is appointed to the office | ||||||
14 | of secretary or treasurer may receive compensation for his or | ||||||
15 | her services as such officer. No member of the Board or | ||||||
16 | employee of the District shall have any private financial | ||||||
17 | interest, profit, or benefit in any contract, work, or business | ||||||
18 | of the District nor in the sale or lease of any property to or | ||||||
19 | from the District.
| ||||||
20 | Section 100. Board appointments; terms. The Governor shall | ||||||
21 | appoint 4 members of the Board, each Mayor of the | ||||||
22 | municipalities of Metropolis, Joppa, and Brookport shall | ||||||
23 | appoint one member of the Board. All initial appointments shall | ||||||
24 | be made within 60 days after this Act takes effect. Of the 4 |
| |||||||
| |||||||
1 | members initially appointed by the Governor, 2 shall be | ||||||
2 | appointed for initial terms expiring June 1, 2016 and one for | ||||||
3 | an initial term expiring June 1, 2012 and one for an initial | ||||||
4 | term expiring June 1, 2011. The terms of the members initially | ||||||
5 | appointed by the respective Mayors shall expire June 1, 2012. | ||||||
6 | At the expiration of the term of any member, his or her | ||||||
7 | successor shall be appointed by the Governor or the respective | ||||||
8 | Mayor in like manner and with like regard to place of residence | ||||||
9 | of the appointee, as in the case of appointments for the | ||||||
10 | initial terms. | ||||||
11 | After the expiration of initial terms, each successor shall | ||||||
12 | hold office for the term of 3 years beginning the first day of | ||||||
13 | June of the year in which the term of office commences. In the | ||||||
14 | case of a vacancy during the term of office of any member | ||||||
15 | appointed by the Governor, the Governor shall make an | ||||||
16 | appointment for the remainder of the term vacant and until a | ||||||
17 | successor is appointed and qualified. In case of a vacancy | ||||||
18 | during the term of office of any member appointed by a Mayor, | ||||||
19 | the proper Mayor shall make an appointment for the remainder of | ||||||
20 | the term vacant and until a successor is appointed and | ||||||
21 | qualified. The Governor and each Mayor shall certify their | ||||||
22 | respective appointments to the Secretary of State. Within 30 | ||||||
23 | days after certification of his or her appointment, and before | ||||||
24 | entering upon the duties of his or her office, each member of | ||||||
25 | the Board shall take and subscribe the constitutional oath of | ||||||
26 | office and file it in the office of the Secretary of State.
|
| |||||||
| |||||||
1 | Section 105. Resignation and removal of Board members. | ||||||
2 | Members of the Board shall hold office until their respective | ||||||
3 | successors have been appointed and qualified. Any member may | ||||||
4 | resign from his or her office to take effect when his or her | ||||||
5 | successor has been appointed and has qualified. The Governor | ||||||
6 | and each Mayor, respectively, may remove any member of the | ||||||
7 | Board they have appointed in case of incompetency, neglect of | ||||||
8 | duty, or malfeasance in office. They shall give such member a | ||||||
9 | copy of the charges against him or her and an opportunity to be | ||||||
10 | publicly heard in person or by counsel in his or her own | ||||||
11 | defense upon not less than 10 days' notice. In case of failure | ||||||
12 | to qualify within the time required, or of abandonment of his | ||||||
13 | or her office, or in case of death, conviction of a felony or | ||||||
14 | removal from office, the office of such member shall become | ||||||
15 | vacant. Each vacancy shall be filled for the unexpired term by | ||||||
16 | appointment in like manner as in case of expiration of the term | ||||||
17 | of a member of the Board.
| ||||||
18 | Section 110. Organization of the Board. As soon as possible | ||||||
19 | after the appointment of the initial members, the Board shall | ||||||
20 | organize for the transaction of business, select a chairman and | ||||||
21 | a temporary secretary from its own number, and adopt bylaws and | ||||||
22 | regulations to govern its proceedings. The initial chairman and | ||||||
23 | successors shall be elected by the Board from time to time for | ||||||
24 | the term of his or her office as a member of the Board.
|
| |||||||
| |||||||
1 | Section 115. Meetings. Regular meetings of the Board shall | ||||||
2 | be held at least once in each calendar month, the time and | ||||||
3 | place of such meetings to be fixed by the Board. Four members | ||||||
4 | of the Board shall constitute a quorum for the transaction of | ||||||
5 | business. All action of the Board shall be by ordinance or | ||||||
6 | resolution and the affirmative vote of at least 4 members shall | ||||||
7 | be necessary for the adoption of any ordinance or resolution. | ||||||
8 | All such ordinances and resolutions before taking effect shall | ||||||
9 | be approved by the chairman of the Board, and if he or she | ||||||
10 | approves thereof he or she shall sign the same, and such as he | ||||||
11 | or she does not approve he or she shall return to the Board | ||||||
12 | with his or her objections thereto in writing at the next | ||||||
13 | regular meeting of the Board occurring after the passage | ||||||
14 | thereof. But in the case the chairman fails to return any | ||||||
15 | ordinance or resolution with his or her objections thereto by | ||||||
16 | the time aforesaid, the chairman shall be deemed to have | ||||||
17 | approved the same and it shall take effect accordingly. Upon | ||||||
18 | the return of any ordinance or resolution by the chairman with | ||||||
19 | his or her objections, the vote by which the same was passed | ||||||
20 | shall be reconsidered by the Board, and if upon such | ||||||
21 | reconsideration said ordinance or resolution is passed by the | ||||||
22 | affirmative vote of at least 5 members, it shall go into effect | ||||||
23 | notwithstanding the veto of the chairman. All ordinances, | ||||||
24 | resolutions, and all proceedings of the District and all | ||||||
25 | documents and records in its possession shall be public |
| |||||||
| |||||||
1 | records, and open to public inspection, except such documents | ||||||
2 | and records as are kept or prepared by the Board for use in | ||||||
3 | negotiations, legal actions, or proceedings to which the | ||||||
4 | District is a party.
| ||||||
5 | Section 120. Secretary and treasurer; oath and bond. The | ||||||
6 | Board shall appoint a secretary and a treasurer, who need not | ||||||
7 | be members of the Board, to hold office during the pleasure of | ||||||
8 | the Board, and fix their duties and compensation. The secretary | ||||||
9 | and treasurer shall be residents of the District. Before | ||||||
10 | entering upon the duties of their respective offices, they | ||||||
11 | shall take and subscribe the constitutional oath of office, and | ||||||
12 | the treasurer shall execute a bond with corporate sureties to | ||||||
13 | be approved by the Board. The bond shall be payable to the | ||||||
14 | District in whatever penal sum may be directed by the Board | ||||||
15 | conditioned upon the faithful performance of the duties of the | ||||||
16 | office and the payment of all money received by him or her | ||||||
17 | according to law and the orders of the Board. The Board may, at | ||||||
18 | any time, require a new bond from the treasurer in such penal | ||||||
19 | sum as may then be determined by the Board. The obligation of | ||||||
20 | the sureties shall not extend to any loss sustained by the | ||||||
21 | insolvency, failure, or closing of any savings and loan | ||||||
22 | association or national or State bank wherein the treasurer has | ||||||
23 | deposited funds if the bank or savings and loan association has | ||||||
24 | been approved by the Board as a depositary for these funds. The | ||||||
25 | oaths of office and the treasurer's bond shall be filed in the |
| |||||||
| |||||||
1 | principal office of the District.
| ||||||
2 | Section 125. Deposits; checks or drafts. All funds | ||||||
3 | deposited by the treasurer in any bank or savings and loan | ||||||
4 | association shall be placed in the name of the District and | ||||||
5 | shall be withdrawn or paid out only by check or draft upon the | ||||||
6 | bank or savings and loan association, signed by the treasurer | ||||||
7 | and countersigned by the chairman of the Board. Subject to | ||||||
8 | prior approval of such designations by a majority of the Board, | ||||||
9 | the chairman may designate any other Board member or any | ||||||
10 | officer of the District to affix the signature of the chairman | ||||||
11 | and the treasurer may designate any other officer of the | ||||||
12 | District to affix the signature of the treasurer to any check | ||||||
13 | or draft for payment of salaries or wages and for payment of | ||||||
14 | any other obligation of not more than $2,500. | ||||||
15 | No bank or savings and loan association shall receive | ||||||
16 | public funds as permitted by this Section, unless it has | ||||||
17 | complied with the requirements established pursuant to Section | ||||||
18 | 6 of the Public Funds Investment Act. | ||||||
19 | In case any officer whose signature appears upon any check | ||||||
20 | or draft issued pursuant to this Act, ceases to hold his or her | ||||||
21 | office before the delivery thereof to the payee, his or her | ||||||
22 | signature nevertheless shall be valid and sufficient for all | ||||||
23 | purposes with the same effect as if he or she had remained in | ||||||
24 | office until delivery thereof.
|
| |||||||
| |||||||
1 | Section 130. General manager. The Board may appoint a | ||||||
2 | general manager who shall be a person of recognized ability and | ||||||
3 | business experience to hold office during the pleasure of the | ||||||
4 | Board. The general manager shall have management of the | ||||||
5 | properties and business of the District and the employees | ||||||
6 | thereof subject to the general control of the Board, shall | ||||||
7 | direct the enforcement of all ordinances, resolutions, rules, | ||||||
8 | and regulations of the Board, and shall perform such other | ||||||
9 | duties as may be prescribed from time to time by the Board. The | ||||||
10 | Board may appoint a general attorney and a chief engineer, and | ||||||
11 | shall provide for the appointment of other officers, attorneys, | ||||||
12 | engineers, consultants, agents, and employees as may be | ||||||
13 | necessary. It shall define their duties and may require bonds | ||||||
14 | of such of them as the Board may designate. The general | ||||||
15 | manager, general attorney, chief engineer, and all other | ||||||
16 | officers provided for pursuant to this Section shall be exempt | ||||||
17 | from taking and subscribing any oath of office and shall not be | ||||||
18 | members of the Board. The compensation of the general manager, | ||||||
19 | general attorney, chief engineer, and all other officers, | ||||||
20 | attorneys, consultants, agents, and employees shall be fixed by | ||||||
21 | the Board.
| ||||||
22 | Section 135. Fines and penalties. The Board has power to | ||||||
23 | pass all ordinances and make all rules and regulations proper | ||||||
24 | or necessary, and to carry into effect the powers granted to | ||||||
25 | the District, with such fines or penalties as may be deemed |
| |||||||
| |||||||
1 | proper. All fines and penalties shall be imposed by ordinances, | ||||||
2 | which shall be published in a newspaper of general circulation | ||||||
3 | in the area embraced by the District. No such ordinance shall | ||||||
4 | take effect until 10 days after its publication.
| ||||||
5 | Section 140. Report and financial statement. Within 60 days | ||||||
6 | after the end of each fiscal year, the Board shall cause to be | ||||||
7 | prepared and printed a complete and detailed report and | ||||||
8 | financial statement of the operations and assets and | ||||||
9 | liabilities of the Port District. A reasonably sufficient | ||||||
10 | number of copies of such report shall be printed for | ||||||
11 | distribution to persons interested, upon request, and a copy | ||||||
12 | thereof shall be filed with the Governor and the county clerk | ||||||
13 | and the presiding officer of the county board of Massac County. | ||||||
14 | A copy of such report shall be addressed to and mailed to the | ||||||
15 | corporate authorities of each municipality within the area of | ||||||
16 | the District.
| ||||||
17 | Section 145. Investigations. The Board may investigate | ||||||
18 | conditions in which it has an interest within the area of the | ||||||
19 | District, the enforcement of its ordinances, rules and | ||||||
20 | regulations, and the action, conduct, and efficiency of all | ||||||
21 | officers, agents, and employees of the District. In the conduct | ||||||
22 | of such investigations, the Board may hold public hearings on | ||||||
23 | its own motion, and shall do so on complaint of any | ||||||
24 | municipality within the District. Each member of the Board |
| |||||||
| |||||||
1 | shall have power to administer oaths, and the secretary, by | ||||||
2 | order of the Board, shall issue subpoenas to secure the | ||||||
3 | attendance and testimony of witnesses and the production of | ||||||
4 | books and papers relevant to such investigations and to any | ||||||
5 | hearing before the Board or any member thereof. | ||||||
6 | Any circuit court of this State, upon application of the | ||||||
7 | Board, or any member thereof, may in its discretion compel the | ||||||
8 | attendance of witnesses, the production of books and papers, | ||||||
9 | and giving of testimony before the Board or before any member | ||||||
10 | thereof or any officers' committee appointed by the Board, by | ||||||
11 | attachment for contempt or otherwise in the same manner as the | ||||||
12 | production of evidence may be compelled before the court.
| ||||||
13 | Section 150. Administrative Review Law. All final | ||||||
14 | administrative decisions of the Board hereunder shall be | ||||||
15 | subject to judicial review pursuant to the provisions of the | ||||||
16 | Administrative Review Law, and all amendments and | ||||||
17 | modifications thereof, and the rules adopted pursuant thereto. | ||||||
18 | The term "administrative decision" is defined as in Section | ||||||
19 | 3-101 of the Code of Civil Procedure.
| ||||||
20 | Section 155. Records. In the conduct of any investigation | ||||||
21 | authorized by Section 145, the Port District shall, at its | ||||||
22 | expense, provide a stenographer to take down all testimony and | ||||||
23 | shall preserve a record of such proceedings. The notice of | ||||||
24 | hearing, complaint, and all other documents in the nature of |
| |||||||
| |||||||
1 | pleadings and written motions filed in the proceedings, the | ||||||
2 | transcript of testimony and the orders or decision of the Board | ||||||
3 | constitutes the record of such proceedings. | ||||||
4 | The Port District is not required to certify any record or | ||||||
5 | file any answer or otherwise appear in any proceeding for | ||||||
6 | judicial review of an administrative decision unless the party | ||||||
7 | asking for review deposits with the clerk of the court the sum | ||||||
8 | of 75 cents per page of the record representing the costs of | ||||||
9 | such certification. Failure to make such deposit is grounds for | ||||||
10 | dismissal of the action.
| ||||||
11 | Section 160. Annexation. Territory which is contiguous to | ||||||
12 | the District and which is not included within any other port | ||||||
13 | district may be annexed to and become a part of the District in | ||||||
14 | the manner provided in Section 165 or 170, whichever may be | ||||||
15 | applicable.
| ||||||
16 | Section 165. Petition for annexation. At least 5% of the | ||||||
17 | legal voters resident within the limits of such proposed | ||||||
18 | addition to the District may petition the circuit court for the | ||||||
19 | county in which the major part of the District is situated, to | ||||||
20 | cause the question to be submitted to the legal voters of such | ||||||
21 | proposed additional territory, whether such proposed | ||||||
22 | additional territory shall become a part of the District and | ||||||
23 | assume a proportionate share of the general obligation bonded | ||||||
24 | indebtedness, if any, of the District. Such petition shall be |
| |||||||
| |||||||
1 | addressed to the court and shall contain a definite description | ||||||
2 | of the boundaries of the territory to be embraced in the | ||||||
3 | proposed addition. | ||||||
4 | Upon filing any such petition with the clerk of the court, | ||||||
5 | the court shall fix a time and place for a hearing upon the | ||||||
6 | subject of the petition. | ||||||
7 | Notice shall be given by the court to whom the petition is | ||||||
8 | addressed, or by the circuit clerk or sheriff of the county in | ||||||
9 | which such petition is made at the order and direction of the | ||||||
10 | court, of the time and place of the hearing upon the subject of | ||||||
11 | the petition at least 20 days prior thereto by at least one | ||||||
12 | publication thereof in any newspaper having general | ||||||
13 | circulation within the area proposed to be annexed, and by | ||||||
14 | mailing a copy of such notice to the mayor or president of the | ||||||
15 | board of trustees of all cities, villages, and incorporated | ||||||
16 | towns within the District. | ||||||
17 | At the hearing, all persons residing in or owning property | ||||||
18 | situated in the area proposed to be annexed to the District may | ||||||
19 | appear and be heard touching upon the sufficiency of the | ||||||
20 | petition. If the court finds that the petition does not comply | ||||||
21 | with the requirements of the law, the court shall dismiss the | ||||||
22 | petition; but if the court finds that the petition is | ||||||
23 | sufficient, the court shall certify the proposition to the | ||||||
24 | proper election officials, who shall submit the proposition to | ||||||
25 | the voters at an election in accordance with the general | ||||||
26 | election law. In addition to the requirements of the general |
| |||||||
| |||||||
1 | election law, the notice of such referendum shall specify the | ||||||
2 | purpose of such referendum with a description of the area | ||||||
3 | proposed to be annexed to the District. | ||||||
4 | The proposition shall be in substantially the following | ||||||
5 | form:
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6 | Shall (description of the territory proposed to be | ||||||
7 | annexed) join the Massac-Metropolis Port District? | ||||||
8 | The votes shall be recorded as "Yes" or "No". | ||||||
9 | The court shall cause a statement of the result of such | ||||||
10 | election to be filed in the records of the court. | ||||||
11 | If a majority of the votes cast upon the question of | ||||||
12 | annexation to the District are in favor of becoming a part of | ||||||
13 | such District, the court shall then enter an order stating that | ||||||
14 | such additional territory shall thenceforth be an integral part | ||||||
15 | of the Massac-Metropolis Port District and subject to all of | ||||||
16 | the benefits of service and responsibilities of the District. | ||||||
17 | The circuit clerk shall transmit a certified copy of the order | ||||||
18 | to the circuit clerk of any other county in which any of the | ||||||
19 | territory affected is situated.
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20 | Section 170. Annexation of territory having no legal | ||||||
21 | voters. If there is territory contiguous to the District which | ||||||
22 | has no legal voters residing therein, a petition to annex such | ||||||
23 | territory, signed by all the owners of record of such territory | ||||||
24 | may be filed with the circuit court for the county in which the | ||||||
25 | major part of the District is situated. A time and place for a |
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1 | hearing on the subject of the petition shall be fixed and | ||||||
2 | notice thereof shall be given in the manner provided in Section | ||||||
3 | 165. At such hearing, any owner of land in the territory | ||||||
4 | proposed to be annexed, the District and any resident of the | ||||||
5 | District may appear and be heard touching on the sufficiency of | ||||||
6 | the petition. If the court finds that the petition satisfies | ||||||
7 | the requirements of this Section, it shall enter an order | ||||||
8 | stating that thenceforth such territory shall be an integral | ||||||
9 | part of the Massac-Metropolis Port District and subject to all | ||||||
10 | of the benefits of service and responsibilities, including the | ||||||
11 | assumption of a proportionate share of the general obligation | ||||||
12 | bonded indebtedness, if any, of the District. The circuit clerk | ||||||
13 | shall transmit a certified copy of the order of the court to | ||||||
14 | the circuit clerk of any other county in which the annexed | ||||||
15 | territory is situated.
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16 | Section 175. Severability. If any provision of this Act is | ||||||
17 | held invalid such provision shall be deemed to be excised from | ||||||
18 | this Act and the invalidity thereof shall not affect any of the | ||||||
19 | other provisions of this Act. If the application of any | ||||||
20 | provision of this Act to any person or circumstance is held | ||||||
21 | invalid, it shall not affect the application to such persons or | ||||||
22 | circumstances other than those as to which it is invalid. The | ||||||
23 | provisions of this Act shall not be considered as impairing, | ||||||
24 | altering, modifying, repealing, or superseding any of the | ||||||
25 | jurisdiction or powers of the Illinois Commerce Commission or |
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1 | of the Department of Natural Resources under the Rivers, Lakes, | ||||||
2 | and Streams Act. Nothing in this Act or done under its | ||||||
3 | authority shall apply to, restrict, limit, or interfere with | ||||||
4 | the use of any terminal facility or port facility owned or | ||||||
5 | operated by any private person for the storage or handling or | ||||||
6 | transfer of any commodity moving in interstate commerce or the | ||||||
7 | use of the land and facilities of a common carrier or other | ||||||
8 | public utility and the space above such land and facilities in | ||||||
9 | the business of such common carrier or other public utility, | ||||||
10 | without approval of the Illinois Commerce Commission and | ||||||
11 | without the payment of just compensation to any such common | ||||||
12 | carrier or other public utility for damages resulting from any | ||||||
13 | such restriction, limitation, or interference.
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14 | Section 180. Non-applicability. The provisions of the | ||||||
15 | Illinois Municipal Code, or the provisions of the Airport | ||||||
16 | Authorities Act, or the provisions of the General County | ||||||
17 | Airport and Landing Field Act, shall not be effective within | ||||||
18 | the area of the District insofar as the provisions of said Acts | ||||||
19 | conflict with the provisions of this Act or grant substantially | ||||||
20 | the same powers to any municipal corporation or political | ||||||
21 | subdivision as are granted to the District by this Act.
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22 | Section 185. The Eminent Domain Act is amended by adding | ||||||
23 | Section 15-5-45 as follows:
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1 | (735 ILCS 30/15-5-45 new)
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2 | Sec. 15-5-45. Eminent domain powers in new Acts. The | ||||||
3 | following provisions of law may include express grants of the | ||||||
4 | power to acquire property by condemnation or eminent domain:
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5 | Massac-Metropolis Port District Act; Massac-Metropolis Port | ||||||
6 | District; for general purposes.
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7 | Section 999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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