Bill Text: IL HB1617 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Township Code. Makes a technical change in a Section concerning duplicate township names.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Enrolled - Dead) 2010-12-17 - Sent to the Governor [HB1617 Detail]

Download: Illinois-2009-HB1617-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Ottawa
Port District Act.
Section 5. Definitions. As used in this Act, the following
terms shall have the following meanings unless a different
meaning clearly appears from the context:
"Aircraft" means any contrivance now known or hereafter
invented, used, or designed for navigation of, or flight in,
the air.
"Airport" means any locality, either land or water, which
is used or designed for the landing and taking off of aircraft,
or for the location of runways, landing fields, airdromes,
hangars, buildings, structures, airport roadways, and other
facilities.
"Airport hazard" means any structure, or object of natural
growth, located on or in the vicinity of an airport, or any use
of land near an airport which is hazardous to the use of that
airport for the landing and take off of aircraft.
"Approach" means any path, course, or zone defined by an
ordinance of the District or by other lawful regulation, on the
ground or in the air, or both, for the use of aircraft in

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landing and taking off from an airport located within the
District.
"Board" means the Ottawa Port District Board.
"Commercial aircraft" means any aircraft other than public
aircraft engaged in the business of transporting persons or
property.
"District" means the Ottawa Port District created by this
Act.
"Export trading companies" 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 such trade by
providing one or more services in support of such trade.
"General obligation bond" means any bond issued by the
District any part of the principal or interest of which bond is
to be paid by taxation.
"Governmental agency" means the federal government, the
State, and any unit of local government or school district, and
any agency or instrumentality, corporate or otherwise,
thereof.
"Governor" means the Governor of the State of Illinois.
"Mayor" means the Mayor of the City of Ottawa.
"Navigable waters" means any public waters which are or can

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be made usable for water commerce.
"Person" means any individual, firm, partnership,
corporation, both domestic and foreign, company, association,
or joint stock association, and includes any trustee, receiver,
assignee, or personal representative thereof.
"Port facilities" means all public and other buildings,
structures, works, improvements, and equipment, except
terminal facilities as defined in this Section, that are upon,
in, over, under, adjacent, or near to navigable waters,
harbors, slips, and basins, and are necessary or useful for or
incident to the furtherance of water and land commerce and the
operation of small boats and pleasure craft and includes the
widening and deepening of basins, slips, harbors, and navigable
waters. "Port facilities" also means all lands, buildings,
structures, improvements, equipment, and appliances located on
District property that are used for industrial, manufacturing,
commercial, or recreational purposes.
"Private aircraft" means any aircraft other than public and
commercial aircraft.
"Public aircraft" means an aircraft used exclusively in the
governmental service of the United States, or of any state or
of any public agency, including military and naval aircraft.
"Public airport" means an airport owned by a District, an
airport authority, or other public agency which is used or is
intended for use by public, commercial, and private aircraft
and by persons owning, managing, operating, or desiring to use,

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inspect, or repair any such aircraft or to use any such airport
for aeronautical purposes.
"Public interest" means the protection, furtherance, and
advancement of the general welfare and of public health and
safety and public necessity and convenience in respect to
aeronautics.
"Revenue bond" means any bond issued by the District the
principal and interest of which bond is payable solely from
revenues or income derived from terminal, terminal facilities,
or port facilities of the District.
"Terminal" means a public place, station, or depot for
receiving and delivering baggage, mail, freight, or express
matter and for any combination of those purposes, in connection
with the transportation of persons and property on water or
land or in the air.
"Terminal facilities" means all land, buildings,
structures, improvements, equipment, and appliances useful in
the operation of public warehouse, storage, and transportation
facilities for the accommodation of or in connection with
commerce by water or land or in the air or useful as an aid, or
constituting an advantage or convenience to, the safe landing,
taking off, and navigation of aircraft, or the safe and
efficient operation or maintenance of a public airport.
Section 10. Ottawa Port District. There is created a
political subdivision, body politic, and municipal corporation

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by the name of the Ottawa Port District embracing the following
described territory in LaSalle County, Illinois: the following
sections in Township 34 North, Range 3 East of the Third
Principal Meridian: 25, 26, 34, 35 and 36; and the following
sections in Township 33 North, Range 3 East of the Third
Principal Meridian: 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23 and 24; and the following sections
in Township 33 North, Range 4 East of the Third Principal
Meridian: 4, 5, 6, 7, 8, 9, the southwest quarter of section
10, the northwest quarter of section 15 and that portion of
section 15 lying north of the Illinois River and South of the
Illinois and Michigan Canal, 16, 17 and 18; and the following
sections in Township 34 North Range 4 East of the Third
Principal Meridian: 20, that portion of section 21 lying west
of the Fox River, 28, 29, 30, 31, 32 and 33.
Section 15. Property of District; exemption. All property
of every kind owned by the District shall be exempt from
taxation. However, a tax may be levied upon a lessee of the
District by reason of the value of a leasehold estate separate
and apart from the fee simple title or upon any improvements
that are constructed and owned by others than the District.
All property of the District shall be public grounds owned
by a municipal corporation and used exclusively for public
purposes within the tax exemption provisions of Sections 15-10,
15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160 of the

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Property Tax Code.
Section 20. Rights and powers. The District has the
following rights and powers:
(1) To issue permits for the following purposes: (i) the
construction of all wharves, piers, dolphins, booms, weirs,
breakwaters, bulkheads, jetties, bridges, or other structures
of any kind, over, under, in, or within 40 feet of any
navigable waters within the District and (ii) the deposit of
rock, earth, sand, or other material, or any matter of any kind
or description in the waters.
(2) To prevent or remove obstructions in navigable waters,
including the removal of wrecks.
(3) To locate and establish dock lines and shore or harbor
lines.
(4) To regulate the anchorage, moorage, and speed of water
borne vessels and to establish and enforce regulations for the
operation of bridges.
(5) To acquire, own, construct, lease, operate, and
maintain terminals, terminal facilities, and port facilities,
and to fix and collect just, reasonable, and nondiscriminatory
charges for the use of those facilities. The charges so
collected shall be used to defray the reasonable expenses of
the District and to pay the principal of and interest on any
revenue bonds issued by the District.
(6) To locate, establish, and maintain a public airport,

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public airports, and public airport facilities within its
corporate limits or within or upon any body of water adjacent
thereto, and to construct, develop, expand, extend, and improve
any such airport or airport facility.
(7) To operate, maintain, manage, lease, sublease, and to
make and enter into contracts for the use, operation, or
management of, and to provide rules and regulations for, the
operation, management, or use of, any public airport or public
airport facility.
(8) To fix, charge, and collect reasonable rentals, tolls,
fees, and charges for the use of any public airport, or any
part thereof, or any public airport facility.
(9) To establish, maintain, extend, and improve roadways
and approaches by land, water, or air to any airport and to
contract or otherwise provide, by condemnation if necessary,
for the removal of any airport hazard or the removal or
relocation of all private structures, railways, mains, pipes,
conduits, wires, poles, and all other facilities and equipment
which may interfere with the location, expansion, development,
or improvement of airports or with the safe approach thereto or
takeoff therefrom by aircraft, and to pay the cost of removal
or relocation; and, subject to the Airport Zoning Act, to
adopt, administer, and enforce airport zoning regulations for
territory which is within its corporate limits or which extends
not more than 2 miles beyond its corporate limits.
(10) To restrict the height of any object of natural growth

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or structure within the vicinity of any airport or within the
lines of an approach to any airport and, if necessary, for the
reduction in the height of any such existing object or
structure, to enter into an agreement for the reduction or to
accomplish the same by condemnation.
(11) To agree with the State or federal government or with
any public agency in respect to the removal and relocation of
any object of natural growth, airport hazard, or structure or
building within the vicinity of any airport or within an
approach and which is owned or within the control of such
government or agency and to pay all or an agreed portion of the
cost of the removal or relocation.
(12) To regulate and restrict the flight of aircraft while
within or above the District for the following purposes: (i)
the prevention of accidents; (ii) the furtherance and
protection of public health, safety, and convenience in respect
to aeronautics; (iii) the protection of property and persons
within the District from any hazard or nuisance resulting from
the flight of aircraft; (iv) the prevention of interference
between, or collision of, aircraft while in flight or upon the
ground; (v) the prevention or abatement of nuisances in the air
or upon the ground; or (vi) the extension of increase in the
usefulness or safety of any public airport or public airport
facility owned by the District.
(13) To police its physical property only and all waterways
and to exercise police powers in respect thereto or in respect

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to the enforcement of any rule or regulation provided by the
ordinances of the District and to employ and commission police
officers and other qualified persons to enforce the same. The
use of any public airport or public airport facility of the
District shall be subject to the reasonable regulation and
control of the District and upon such reasonable terms and
conditions established by its Board. A regulatory ordinance of
the District adopted under any provisions of this Section may
provide for a suspension or revocation of any rights or
privileges within the control of the District for a violation
of any such regulatory ordinance. Nothing in this Section or in
other provisions of this Act shall be construed to authorize
the Board to establish or enforce any regulation or rule in
respect to aviation, or the operation or maintenance of any
airport facility within its jurisdiction, which is in conflict
with any federal or State law or regulation applicable to the
same subject matter.
(14) To enter into agreements with the corporate
authorities or governing body of any other municipal
corporation or any political subdivision of this State to pay
the reasonable expense of services furnished by the municipal
corporation or political subdivision for or on account of
income producing properties of the District.
(15) To enter into contracts dealing in any manner with the
objects and purposes of this Act.
(16) To acquire, own, lease, sell, or otherwise dispose of

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interests in and to real property and improvements situated
thereon and in personal property necessary to fulfill the
purposes of the District.
(17) To designate the fiscal year for the District.
(18) To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to
accomplish the District's primary purpose.
(19) To build, construct, repair, and maintain levees.
(20) To sue and be sued in its corporate name but execution
shall not in any case issue against any property of the
District.
(21) To adopt a common seal and change the same at
pleasure.
(22) To annex property as set forth in this Act.
Section 25. Prompt payment. Purchases made pursuant to this
Act shall be made in compliance with the Local Government
Prompt Payment Act.
Section 30. Acquisition of property. The District has the
power to acquire and accept by purchase, lease, gift, grant, or
otherwise any property and rights useful for its purposes and
to provide for the development of channels, ports, harbors,
airports, airfields, terminals, port facilities, and terminal
facilities adequate to serve the needs of commerce within the
District. The District may acquire real or personal property or

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any rights therein in the manner, as near as may be, as is
provided for the exercise of the right of eminent domain under
the Eminent Domain Act; except that no rights or property of
any kind or character now or hereafter 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 the District without first obtaining
the approval of the Illinois Commerce Commission.
Notwithstanding any provision of this Act to the contrary, the
District has the full power and authority to lease any of its
facilities for operation and maintenance to any person for a
length of time and upon terms as the District shall deem
necessary.
Also, the District may lease to others for any period of
time, not to exceed 99 years, upon terms as its Board may
determine, any of its real property, rights-of-way, or
privileges, or any interest therein, or any part thereof, for
industrial, manufacturing, commercial, or harbor purposes,
which is in the opinion of the Board no longer required for its
primary purposes in the development of port and harbor
facilities for the use of public transportation, or which may
not be immediately needed for those purposes, but where such
leases will in the opinion of the Board aid and promote those
purposes, and in conjunction with such leases, the District may

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grant rights-of-way and privileges across the property of the
District, which rights-of-way and privileges may be assignable
and irrevocable during the term of any such lease and may
include the right to enter upon the property of the District to
do things as may be necessary for the enjoyment of such leases,
rights-of-way, and privileges, and such leases may contain
conditions and retain interest therein as may be deemed for the
best interest of the District by the Board.
Also, the District shall have the right to grant easements
and permits for the use of any real property, rights-of-way, or
privileges which in the opinion of the Board will not interfere
with the use thereof by the District for its primary purposes
and such easements and permits may contain conditions and
retain interest therein as may be deemed for the best interest
of the District by the Board.
With respect to any and all leases, easements,
rights-of-way, privileges, and permits made or granted by the
Board, the Board may agree upon and collect the rentals,
charges, and fees that may be deemed for the best interest of
the District. The rentals, charges, and fees shall be used to
defray the reasonable expenses of the District and to pay the
principal of and interest on any revenue bonds issued by the
District.
Section 35. Eminent domain. Notwithstanding any other
provision of this Act, any power granted under this Act to

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acquire property by condemnation or eminent domain is subject
to, and shall be exercised in accordance with, the Eminent
Domain Act.
Section 40. Export trading companies. The District is
authorized and empowered 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 the federal, state, or local
governmental authorities, federal, state, or national banking
associations, or any other public or private corporation or
person. Export trading companies and all of the property
thereof, wholly or partly owned, directly or indirectly, by the
District, shall have the same privileges and immunities as
accorded to the District; and export trading companies 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, and in accordance with the same procedures,
restrictions, and privileges applicable when the District
obtains financial assistance or issues bonds for any of its
other authorized purposes. Export trading companies may, if
necessary or desirable, apply for certification under Title II
or Title III of the Export Trading Company Act of 1982.
Section 45. Grants, loans, and appropriations. The

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District has the power to apply for and accept grants, loans,
or appropriations from the federal government or any agency or
instrumentality thereof to be used for any of the purposes of
the District and to enter into agreements with the federal
government in relation to those grants, loans, or
appropriations.
The District may petition the administrative, judicial,
and legislative body of any federal, state, municipal, or local
authority having jurisdiction in the premises, for the adoption
and execution of any physical improvement, change in method or
system of handling freight, warehousing, docking, lightering,
and transfer of freight, which in the opinion of the District
is designed to improve the handling of commerce in and through
the District or improve terminal or transportation facilities
therein.
Section 50. Insurance contracts. The District has the power
to procure and enter into contracts for any type of insurance
or indemnity against loss or damage to property from any cause,
including loss of use and occupancy, against death or injury of
any person, against employers' liability, against any act of
any member, officer, or employee of the District in the
performance of the duties of his or her office or employment,
or any other insurable risk.
Section 55. Rentals, charges, and fees. With respect to any

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and all leases, easements, rights-of-way, privileges, and
permits made or granted by the Board, the Board may agree upon
and collect the rentals, charges, and fees that are deemed to
be in the best interest of the District. Those rentals,
charges, and fees must be used to defray the reasonable
expenses of the District and to pay the principal and interest
upon any revenue bonds issued by the District.
Section 60. Borrowing money. The District has the
continuing power to borrow money and issue either general
obligation bonds after approval by referendum as provided in
this Act or revenue bonds without referendum approval for the
purpose of acquiring, constructing, reconstructing, extending,
or improving terminals, terminal facilities, airfields,
airports, and port facilities, and for acquiring any property
and equipment useful for the construction, reconstruction,
extension, improvement, or operation of its terminals,
terminal facilities, airfields, airports, and port facilities,
and for acquiring necessary cash working funds.
The District may pursuant to ordinance adopted by the Board
and without submitting the question to referendum from time to
time issue and dispose of its interest bearing revenue bonds
and may also in the same manner from time to time 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

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thereof.
If the Board desires to issue general obligation bonds it
shall adopt an ordinance specifying the amount of bonds to be
issued, the purpose for which they will be issued, and the
maximum rate of interest they will bear which shall not be more
than that permitted in the Bond Authorization Act. The interest
may be paid semiannually. The ordinance shall also specify the
date of maturity which shall not be more than 20 years after
the date of issuance and shall levy a tax sufficient to
amortize the bonds. This ordinance shall not be effective until
it has been submitted to referendum of, and approved by, the
legal voters of the District. The Board shall certify the
ordinance and the proposition to the proper election officials,
who shall submit the proposition to the voters at an election
in accordance with the general election law. If a majority of
the vote on the proposition is in favor of the issuance of the
general obligation bonds, the county clerk shall annually
extend taxes against all taxable property within the District
at a rate sufficient to pay the maturing principal and interest
of these bonds.
The proposition shall be in substantially the following
form:
Shall general obligation bonds in the amount of
(dollars) be issued by the Ottawa Port District for the
(purpose) maturing in no more than (years), bearing not
more than (interest)%, and a tax levied to pay the

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principal and interest thereof?
The election authority must record the votes as "Yes" or "No".
Section 65. Revenue bonds. All revenue bonds shall be
payable solely from the revenues or income to be derived from
the terminals, terminal facilities, airfields, airports, or
port facilities or any part thereof. The bonds may bear any
date or dates and may mature at any time or times not exceeding
40 years from their respective dates, all as may be provided in
the ordinance authorizing their issuance. All bonds, whether
revenue or general obligation, may bear interest at any rate or
rates as permitted in the Bond Authorization Act. The interest
may be paid semiannually. The bonds may be in any form, may
carry any registration privileges, may be executed in any
manner, may be payable at any place or places, may be made
subject to redemption in any manner and upon any terms, with or
without premium as is stated on the face thereof, may be
authenticated in any manner and may contain any terms and
covenants, all as may be provided in the ordinance authorizing
issuance. The holder or holders of any bonds or interest
coupons appertaining thereto issued by the District may bring
civil actions to compel the performance and observance by the
District or any of its officers, agents, or employees of any
contract or covenant made by the District with the holders of
such bonds or interest coupons and to compel the District and
any of its officers, agents, or employees to perform any duties

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required to be performed for the benefit of the holders of any
such bonds or interest coupons by the provision in the
ordinance authorizing their issuance, and to enjoin the
District and any of its officers, agents, or employees from
taking any action in conflict with any such contract or
covenant, including the establishment of charges, fees, and
rates for the use of facilities as provided in this Act.
Notwithstanding the form and tenor of any bond, whether
revenue or general obligation, and in the absence of any
express recital on the face thereof that it is nonnegotiable,
all bonds shall be negotiable instruments. Pending the
preparation and execution of any such bonds, temporary bonds
may be issued with or without interest coupons as may be
provided by ordinance.
Section 70. Issuing bonds. All bonds, whether general
obligation or revenue, shall be issued and sold by the Board in
any manner as the Board shall determine. However, if any bonds
are issued to bear interest at the maximum rate of interest
allowed by Section 60 or 65, whichever may be applicable, 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 such
that the interest cost to the District of the money received
from the bond sale shall not exceed the maximum annual interest
rate allowed by Section 60 or 65, whichever may be applicable,

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computed to absolute maturity of such bonds according to
standard tables of bond values.
Section 75. Rates and charges for facilities. Upon the
issue of any revenue bonds as provided in this Act, the Board
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 those
revenue bonds sufficient at all times with other revenues of
the District, if any, to pay the following: (i) the cost of
maintaining, repairing, regulating, and operating the
facilities and (ii) the bonds and interest thereon as they
become due, 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 thereof.
To secure the payment of any or all revenue bonds and for
the purpose of setting forth the covenants and undertaking of
the District in connection with the issuance of revenue bonds
and the issuance of any additional revenue bonds payable from
the revenue income to be derived from the terminals, terminal
facilities, airports, airfields, and port facilities, the
District may execute and deliver a trust agreement or
agreements except that no lien upon any physical property of
the District shall be created thereby. A remedy for any breach
or default of the terms of any such trust agreement by the

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District may be by mandamus proceedings in the circuit court to
compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf the action
may be instituted.
Section 80. Bonds not obligations of the State or district.
Under no circumstances shall any bonds issued by the District
or any other obligation of the District be or become an
indebtedness or obligation of the State of Illinois or of any
other political subdivision of or municipality within the
State.
No revenue bond shall be or become an indebtedness of the
District within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of each
revenue bond that it does not constitute such an indebtedness,
or obligation but is payable solely from the revenues or income
derived from terminals, terminal facilities, airports,
airfields, and port facilities.
Section 85. Tax levy. The Board may, after referendum
approval, levy a tax for corporate purposes of the District
annually at the rate approved by referendum, but the rate shall
not exceed 0.05% of the value of all taxable property within
the District as equalized or assessed by the Department of
Revenue. If the Board desires to levy the tax it shall order
that the question be submitted at an election to be held within

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the District. The Board shall certify its order and the
question to the proper election officials, who shall submit the
question to the voters at an election in accordance with the
general election law. The Board shall cause the result of the
election to be entered upon the records of the District. If a
majority of the vote on the question is in favor of the
proposition, the Board may annually thereafter levy a tax for
corporate purposes at a rate not to exceed that approved by
referendum but in no event to exceed 0.05% of the value of all
taxable property within the District as equalized or assessed
by the Department of Revenue.
The question shall be in substantially the following form:
Shall the Ottawa Port District levy a tax for corporate
purposes annually at a rate not to exceed 0.05% of the
value of taxable property as equalized or assessed by the
Department of Revenue?
The election authority shall record the votes as "Yes" or "No".
Section 90. 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
within 40 feet of any navigable waters within the District
without first submitting the plans, profiles, and
specifications therefor, and any other data and information as

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may be required, to the District and receiving a permit
therefor; and any person, corporation, company, municipality,
or other agency, that does any of the things prohibited in this
Section, without securing a permit, shall be guilty of a Class
A misdemeanor. No permit shall be required in the case of any
project for which a permit has been secured from a proper
governmental agency before the creation of the District nor
shall any permit be required in the case of any project to be
undertaken by one or more municipalities located within the
District for which a permit is required from a governmental
agency other than the District before the municipality can
proceed with the project. And in such event, one or more of the
municipalities shall give at least 10 days' notice to the
District of the application for a permit for any such project
from a governmental agency other than the District so that the
District may be present and represent its position relative to
the application before the other governmental agency. Any
structure, fill, or deposit erected or made in any of the
public bodies of water within the District, in violation of the
provisions of this Section, is a purpresture and may be abated
as such at the expense of the person, corporation, company,
municipality, or other agency responsible therefor, or if, in
the discretion of the District, it is decided that the
structure, fill, or deposit may remain, the District may fix
such rule, regulation, requirement, restriction, or rental or
require and compel any change, modification, or repair as shall

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be necessary to protect the interest of the District.
Section 95. Board members. The governing and
administrative body of the District shall be a Board consisting
of 7 members, to be known as the Ottawa Port District Board.
All members of the Board shall be residents of the District.
The members of the Board shall serve without compensation but
shall be reimbursed for actual expenses incurred by them in the
performance of their duties. However, any member of the Board
who is appointed to the office of secretary or treasurer may
receive compensation for his or her services as such officer.
No member of the Board or employee of the District shall have
any private financial interest, profit, or benefit in any
contract, work, or business of the District nor in the sale or
lease of any property to or from the District.
Section 100. Board appointments; terms. The Governor shall
appoint 4 members of the Board and the Mayor shall appoint 3
members of the Board. All initial appointments shall be made
within 60 days after this Act takes effect. Of the 4 members
initially appointed by the Governor, 2 shall be appointed for
initial terms expiring January 1, 2017, one for an initial term
expiring January 1, 2013, and one for an initial term expiring
January 1, 2012. Of the 3 members initially appointed by the
Mayor, one shall be appointed for an initial term expiring
January 1, 2017, one for an initial term expiring January 1,

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2013, and one for an initial term expiring January 1, 2012. At
the expiration of the term of any member, his or her successor
shall be appointed by the Governor or the Mayor, respectively,
as in the case of appointments for the initial terms.
After the expiration of initial terms, each successor shall
hold office for a term of 3 years beginning the first day of
January of the year in which the term of office commences. In
the case of a vacancy during the term of office of any member
appointed by the Governor, the Governor shall make an
appointment for the remainder of the term vacant and until a
successor is appointed and qualified. In case of a vacancy
during the term of office of any member appointed by the Mayor,
the Mayor shall make an appointment for the remainder of the
term vacant and until a successor is appointed and qualified.
The Governor and Mayor shall certify their respective
appointments to the Secretary of State. Within 30 days after
certification of his or her appointment, and before entering
upon the duties of his or her office, each member of the Board
shall take and subscribe the constitutional oath of office and
file it in the office of the Secretary of State.
Section 105. Resignation and removal of Board members.
Members of the Board shall hold office until their respective
successors have been appointed and qualified. Any member may
resign from his or her office to take effect when his or her
successor has been appointed and has qualified. The Governor

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and Mayor, respectively, may remove any member of the Board
they have appointed in the case of incompetency, neglect of
duty, or malfeasance in office. They shall give the member a
copy of the charges against him or her and an opportunity to be
publicly heard in person or by counsel in his or her own
defense upon not less than 10 days' notice. In the case of
failure to qualify within the time required, or of abandonment
of his or her office, or in the case of death, conviction of a
felony, or removal from office, the office of the member shall
become vacant. Each vacancy shall be filled for the unexpired
term by appointment in like manner as in case of expiration of
the term of a member of the Board.
Section 110. Organization of the Board. As soon as possible
after the appointment of the initial members, the Board shall
organize for the transaction of business, select a chairperson
and a temporary secretary from its own number, and adopt bylaws
and regulations to govern its proceedings. The initial
chairperson and successors shall be elected by the Board from
time to time for the term of his or her office as a member of
the Board.
Section 115. Meetings; quorum; approval by chairperson.
Regular meetings of the Board shall be held at least once in
each calendar month, the time and place of the meetings to be
fixed by the Board. Four members of the Board shall constitute

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a quorum for the transaction of business. All action of the
Board shall be by ordinance or resolution and the affirmative
vote of at least 4 members shall be necessary for the adoption
of any ordinance or resolution. Before taking effect, all
ordinances and resolutions shall be approved by the chairperson
of the Board by signing the ordinance or resolution. If the
chairperson does not approve of the ordinance or resolution,
then the chairperson shall return it to the Board with written
objections at the next regular meeting of the Board after the
passage of the ordinance or resolution. If the chairperson
fails to return any ordinance or resolution with his or her
objections by the time set forth in this Section, then the
chairperson shall be deemed to have approved the ordinance or
resolution and it shall take effect accordingly. Upon the
return of any ordinance or resolution by the chairperson with
his or her objections, the vote by which the same was passed
shall be reconsidered by the Board, and if upon reconsideration
the ordinance or resolution is passed by the affirmative vote
of at least 5 members, it shall go into effect notwithstanding
the veto of the chairperson.
All ordinances, resolutions, and proceedings of the
District and all documents and records in its possession shall
be public records, and open to public inspection, except for
documents and records as are kept or prepared by the Board for
use in negotiations, legal actions, or proceedings to which the
District is a party.

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Section 120. Secretary and treasurer; oath and bond. The
Board shall appoint a secretary and a treasurer, who need not
be members of the Board, to hold office during the pleasure of
the Board, and fix their duties and compensation. The secretary
and treasurer shall be residents of the District. Before
entering upon the duties of their respective offices, they
shall take and subscribe the constitutional oath of office, and
the treasurer shall execute a bond with corporate sureties to
be approved by the Board. The bond shall be payable to the
District in whatever penal sum may be directed by the Board
conditioned upon the faithful performance of the duties of the
office and the payment of all money received by him or her
according to law and the orders of the Board. The Board may, at
any time, require a new bond from the treasurer in any penal
sum as may then be determined by the Board. The obligation of
the sureties shall not extend to any loss sustained by the
insolvency, failure, or closing of any savings and loan
association or national or State bank wherein the treasurer has
deposited funds if the bank or savings and loan association has
been approved by the Board as a depositary for these funds. The
oaths of office and the treasurer's bond shall be filed in the
principal office of the District.
Section 125. Deposits; checks or drafts. All funds
deposited by the treasurer in any bank or savings and loan

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association shall be placed in the name of the District and
shall be withdrawn or paid out only by check or draft upon the
bank or savings and loan association, signed by the treasurer
and countersigned by the chairperson of the Board. Subject to
prior approval of the designations by a majority of the Board,
the chairperson may designate any other Board member or any
officer of the District to affix the signature of the
chairperson and the treasurer may designate any other officer
of the District to affix the signature of the treasurer to any
check or draft for payment of salaries or wages and for payment
of any other obligation of not more than $2,500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to Section
6 of the Public Funds Investment Act.
In the case any officer whose signature appears upon any
check or draft issued pursuant to this Act, ceases to hold his
or her office before the delivery thereof 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 thereof.
Section 130. General manager. The Board may appoint a
general manager who shall be a person of recognized ability and
business experience to hold office during the pleasure of the
Board. The general manager shall manage the properties and

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business of the District and the employees thereof subject to
the general control of the Board, shall direct the enforcement
of all ordinances, resolutions, rules, and regulations of the
Board, and shall perform any other duties prescribed by the
Board. The Board may appoint a general attorney and a chief
engineer, and shall provide for the appointment of other
officers, attorneys, engineers, consultants, agents, and
employees as may be necessary. The Board shall define their
duties and may require bonds of such of them as the Board may
designate. The general manager, general attorney, chief
engineer, and all other officers provided for pursuant to this
Section shall be exempt from taking and subscribing any oath of
office and shall not be members of the Board. The compensation
of the general manager, general attorney, chief engineer, and
all other officers, attorneys, consultants, agents, and
employees shall be fixed by the Board.
Section 135. Fines and penalties. The Board has the power
to pass all ordinances and make all rules and regulations
proper or necessary, and to carry into effect the powers
granted to the District, with such fines or penalties as may be
deemed proper. All fines and penalties shall be imposed by
ordinances, which shall be published in a newspaper of general
circulation in the area embraced by the District. No ordinance
shall take effect until 10 days after its publication.

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Section 140. Report and financial statement. Within 60 days
after the end of each fiscal year, the Board shall prepare and
print a complete and detailed report and financial statement of
the operations, assets, and liabilities of the District. A
reasonably sufficient number of copies of the report shall be
printed for distribution to persons interested, upon request,
and a copy of the report shall be filed with the Governor, the
county clerk, and the presiding officer of the county board of
LaSalle County. A copy of the report shall be mailed to the
corporate authorities of each municipality located within the
District.
Section 145. Investigations. The Board may investigate
conditions in which it has an interest within the boundaries of
the District, the enforcement of its ordinances, rules, and
regulations, and the action, conduct, and efficiency of all
officers, agents, and employees of the District. In the conduct
of such investigations, the Board may hold public hearings on
its own motion, and shall do so on complaint of any
municipality within the District. Each member of the Board has
the power to administer oaths, and the secretary, by order of
the Board, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers
relevant to any investigation or to any hearing before the
Board or any member thereof.
Any circuit court of this State, upon application of the

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Board, or any member thereof, may in its discretion compel the
attendance of witnesses, the production of books and papers,
and the giving of testimony before the Board or before any
member thereof or any officers' committee appointed by the
Board, by attachment for contempt or otherwise in the same
manner as the production of evidence may be compelled before
the court.
Section 150. Administrative Review Law. All final
administrative decisions of the Board shall be subject to
judicial review pursuant to the provisions of the
Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
Section 155. Records. In the conduct of any investigation
authorized by Section 145, the District 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 Board constitutes
the record of the proceedings.
The District is not required to certify any record or file
any answer or otherwise appear in any proceeding for judicial

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review of an administrative decision unless the party asking
for review deposits with the clerk of the court the sum of 75
cents per page of the record representing the costs of
certification. Failure to make the deposit is grounds for
dismissal of the action.
Section 160. Annexation. Territory which is contiguous to
the District and which is not included within any other port
district may be annexed to and become a part of the District in
the manner provided in Section 165 or 170, whichever may be
applicable.
Section 165. Petition for annexation. At least 5% of the
legal voters resident within the limits of the proposed
addition to the District may petition the circuit court for the
county in which the major part of the District is situated, to
cause the question to be submitted to the legal voters of the
proposed additional territory, whether the proposed additional
territory shall become a part of the District and assume a
proportionate share of the general obligation bonded
indebtedness, if any, of the District. The petition shall be
addressed to the court and shall contain a definite description
of the boundaries of the territory to be embraced in the
proposed addition.
Upon filing any petition with the clerk of the court, the
court shall fix a time and place for a hearing upon the subject

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of the petition.
Notice shall be given by the court to whom the petition is
addressed, or by the circuit clerk or sheriff of the county in
which the petition is made at the order and direction of the
court, of the time and place of the hearing upon the subject of
the petition at least 20 days before the hearing by at least
one publication of the notice in any newspaper of general
circulation within the area proposed to be annexed, and by
mailing a copy of the notice to the mayor or president of the
corporate authorities of all of the municipalities located
within the District.
At the hearing, all persons residing in or owning property
located within the area proposed to be annexed to the District
may appear and be heard concerning the sufficiency of the
petition. If the court finds that the petition does not comply
with the requirements of the law, then the court shall dismiss
the petition. If the court finds that the petition is
sufficient, then the court shall certify the proposition to the
proper election officials, who shall submit the proposition to
the voters at an election in accordance with the general
election law. In addition to the requirements of the general
election law, the notice of the referendum shall specify the
purpose of the referendum with a description of the area
proposed to be annexed to the District.
The proposition shall be in substantially the following
form:

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Shall (description of the territory proposed to be
annexed) join the Ottawa Port District?
The votes shall be recorded as "Yes" or "No".
The court shall cause a statement of the result of the
referendum to be filed in the records of the court.
If a majority of the votes cast upon the question of
annexation to the District are in favor of becoming a part of
the District, the court shall then enter an order stating that
the additional territory shall thenceforth be an integral part
of the Ottawa Port District and subject to all of the benefits
of service and responsibilities of the District. The circuit
clerk shall transmit a certified copy of the order to the
circuit clerk of any other county in which any of the territory
affected is situated.
Section 170. Annexation of territory having no legal
voters. If there is territory contiguous to the District that
has no legal voters residing therein, a petition to annex the
territory, signed by all the owners of record of the territory,
may be filed with the circuit court for the county in which the
major part of the District is situated. A time and place for a
hearing on the subject of the petition shall be fixed and
notice shall be given in the manner provided in Section 165. At
the hearing, any owner of land in the territory proposed to be
annexed, the District, and any resident of the District may
appear and be heard touching on the sufficiency of the

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petition. If the court finds that the petition satisfies the
requirements of this Section, it shall enter an order stating
that thenceforth the territory shall be an integral part of the
Ottawa Port District and subject to all of the benefits of
service and responsibilities, including the assumption of a
proportionate share of the general obligation bonded
indebtedness, if any, of the District. The circuit clerk shall
transmit a certified copy of the order of the court to the
circuit clerk of any other county in which the annexed
territory is situated.
Section 175. Non-applicability. The provisions of the
Illinois Municipal Code, the Airport Authorities Act, and the
General County Airport and Landing Field Act, shall not be
effective within the area of the District insofar as the
provisions of those Acts conflict with the provisions of this
Act or grant substantially the same powers to any municipal
corporation or political subdivision as are granted to the
District by this Act.
The provisions of this Act shall not be considered as
impairing, altering, modifying, repealing, or superseding any
of the jurisdiction or powers of the Illinois Commerce
Commission or of the Department of Natural Resources under the
Rivers, Lakes, and Streams Act. Nothing in this Act or done
under its authority shall apply to, restrict, limit, or
interfere with the use of any terminal facility or port

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facility owned or operated by a private person for the storage,
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 such land
and facilities in the business of such common carrier or other
public utility, without approval of the Illinois Commerce
Commission and without the payment of just compensation to any
such common carrier or other public utility for damages
resulting from any such restriction, limitation, or
interference.
Section 180. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 185. The Eminent Domain Act is amended by adding
Section 15-5-46 as follows:
(735 ILCS 30/15-5-46 new)
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:
Ottawa Port District Act; Ottawa Port District; for general
purposes.