Bill Text: IL HB3664 | 2015-2016 | 99th General Assembly | Chaptered

---

Bill Title: Amends the America's Central Port District Act. Removes Quarry Township from the America's Central Port District's territory.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-08-05 - Public Act . . . . . . . . . 99-0279 [HB3664 Detail]

Download: Illinois-2015-HB3664-Chaptered.html

---

Public Act 099-0279
HB3664 Enrolled LRB099 09450 AWJ 29657 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The America's Central Port District Act is
amended by changing Sections 3, 3.1, and 4 as follows:
(70 ILCS 1860/3) (from Ch. 19, par. 286)
Sec. 3. There is created a political subdivision, body
politic, and municipal corporation by the name of America's
Central Port District embracing the following territory in
Madison and Jersey Counties: all the territory included within
the townships of Granite City, Venice, Nameoki, Chouteau, Wood
River, Alton, Godfrey, and Elsah, and the City of Grafton
Quarry. Territory may be annexed to the District in the manner
hereinafter provided in this Act. The District may sue and be
sued in its corporate name but execution shall not in any case
issue against any property of the District. It may adopt a
common seal and change the same at its pleasure.
(Source: P.A. 98-854, eff. 1-1-15.)
(70 ILCS 1860/3.1) (from Ch. 19, par. 286.1)
Sec. 3.1. It is declared that the main purpose of this Act
is to promote economic development, including industrial,
commercial and transportation activities, thereby reducing the

evils attendant upon unemployment and enhancing the public
health and welfare of this State.
All property of every kind belonging to the Port District
shall be exempt from taxation, provided that taxes may be
assessed and levied upon a lessee of the District by reason of
the value of a leasehold estate separate and apart from the fee
or upon such improvements as are constructed and owned by
others than the District. All property of the District shall be
construed as constituting public property owned by a municipal
corporation and used exclusively for public purposes within the
provisions of Section 15-155 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
(70 ILCS 1860/4) (from Ch. 19, par. 287)
Sec. 4. The Port District has the following rights and
powers:
1. To issue permits: for the construction of all
wharves, piers, dolphins, booms, weirs, breakwaters,
bulkheads, jetties, bridges or other structures of any
kind, over, under, in, or within 40 feet of any navigable
waters within the Port District; for the deposit of rock,
earth, sand or other material, or any matter of any kind or
description in such waters; except that nothing contained
in this paragraph 1 shall be construed so that it will be
deemed necessary to obtain a permit from the District for
the erection, operation or maintenance of any bridge

crossing a waterway which serves as a boundary between the
State of Illinois and any other State, when such erection,
operation or maintenance is performed by any city within
the District;
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, except nothing
contained in this paragraph 4 shall be construed to give
the District authority to regulate the operation of any
bridge crossing a waterway which serves as a boundary
between the State of Illinois and any other State, when
such operation is performed or to be performed by any city
within the District;
5. To acquire, own, construct, lease for any period not
exceeding 99 years, operate and maintain terminals,
terminal facilities and port facilities, to fix and collect
just, reasonable, and nondiscriminatory charges for the
use of such facilities, and, except as provided herein for
short term financing, to use the charges so collected to
defray the reasonable expenses of the Port District and to
pay the principal of and interest on any revenue bonds
issued by the District;

6. To acquire, erect, construct, reconstruct, improve,
maintain, operate and lease in whole or part for any period
not exceeding 99 years, central office or administrative
facilities for use by the Port District, any tenant,
occupant or user of the District facilities, or anyone
engaged in commerce in the District.
7. To sell, assign, pledge or hypothecate in whole or
in part any contract, lease, income, charges, tolls,
rentals or fees of the District to provide short term
interim financing pending the issuance of revenue bonds by
the District, provided that when such revenue bonds are
issued, such contracts, leases, income, charges, tolls,
rentals or fees shall be used to defray the reasonable
expenses of the Port District and pay the principal of and
income on any revenue bonds issued by the District;
8. To acquire, own, construct, lease for any period not
exceeding 99 years, operate, develop and maintain Port
District water and sewerage systems including but not
limited to pipes, mains, lines, sewers, pumping stations,
settling tanks, treatment plants, water purification
equipment, wells, storage facilities and all other
equipment, material and facilities necessary to such
systems, for the use upon payment of a reasonable fee as
set by the District, of any tenant, occupant or user of the
District facilities, or anyone engaged in commerce in the
District, provided that the District shall not acquire,

own, construct, lease, operate, develop and maintain such
water and sewerage systems if such services can be provided
by a public utility or municipal corporation upon request
of the District, and provided further that if the District
develops its own water and sewerage systems such systems
may be sold or disposed of at anytime to any public utility
or municipal corporation which will continue to service the
Port District.
9. To create, establish, maintain and operate a public
incinerator for waste disposal by incineration by any means
or method, for use by municipalities for the disposal of
municipal wastes and by industries for the disposal of
industrial waste; and to lease land and said incineration
facilities for the operation of an incinerator for a term
not exceeding 99 years and to fix and collect just,
reasonable and non-discriminatory charges for the use of
such incinerating facilities, and to use the charges or
lease proceeds to defray the reasonable expenses of the
Port District, and to pay the principal of and interest on
any revenue bonds issued by the Port District.
10. To locate, establish and maintain a public airport,
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 facilities;
11. To operate, maintain, manage, lease or sublease for

any period not exceeding 99 years, 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;
12. 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;
13. To establish, maintain, extend and improve
roadways and approaches by land, water or air to any such
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 take-off therefrom by aircraft, and to pay the cost of
removal or relocation; and, subject to the "Airport Zoning
Act", approved July 17, 1945, as amended, 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;
14. To restrict the height of any object of natural
growth or structure or structures within the vicinity of
any airport or within the lines of an approach to any

airport and, when necessary, for the reduction in the
height of any such existing object or structure, to enter
into an agreement for such reduction or to accomplish same
by condemnation;
15. To agree with the state or federal governments or
with any public agency in respect to the removal and
relocation of any object of natural growth, airport hazard
or any 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 such removal or
relocation;
16. For the prevention of accidents, for the
furtherance and protection of public health, safety and
convenience in respect to aeronautics, for the protection
of property and persons within the District from any hazard
or nuisance resulting from the flight of aircraft, for the
prevention of interference between, or collision of,
aircraft while in flight or upon the ground, for the
prevention or abatement of nuisances in the air or upon the
ground or for the extension or increase in the usefulness
or safety of any public airport or public airport facility
owned by the District, the District may regulate and
restrict the flight of aircraft while within or above the
incorporated territory of the District;
17. To police its physical property only and all

waterways and to exercise police powers in respect thereto
or in respect to the enforcement of any rule or regulation
provided by the ordinances of the District and to employ
and commission police officers and other qualified persons
to enforce the same. The use of any such 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 as shall be
established by its Board. A regulatory ordinance of the
District adopted under any provision 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 such 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;
18. To enter into agreements with the corporate
authorities or governing body of any other municipal
corporation or any political subdivision of this State to
pay the reasonable expense of services furnished by such
municipal corporation or political subdivision for or on
account of income producing properties of the District;

19. To enter into contracts dealing in any manner with
the objects and purposes of this Act;
20. To acquire, own, lease, sell or otherwise dispose
of interests in and to real property and improvements
situate thereon and in personal property necessary to
fulfill the purposes of the District;
21. To designate the fiscal year for the District;
22. To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to
accomplish the District's primary purpose;
23. To apply to proper authorities of the United States
of America pursuant to appropriate Federal Law for the
right to establish, operate, maintain and lease foreign
trade zones and sub-zones which may be located within or
outside the territory within the limits of America's
Central Port District and to establish, operate, maintain,
and lease such , or its limits as approved foreign trade
zones and the subzones by the United States Foreign-Trade
Zones Board, or within the jurisdiction of the United
States Customs Service Office of the St. Louis Port of
Entry and to establish, operate, maintain and lease such
foreign trade zones and the sub-zones;
24. To operate, maintain, manage, lease, or sublease
for any period not exceeding 99 years any former military
base owned or leased by the District and within its
jurisdictional boundaries, to make and enter into any

contract for the use, operation, or management of any
former military base owned or leased by the District and
located within its jurisdictional boundaries, and to
provide rules and regulations for the development,
redevelopment, and expansion of any former military base
owned or leased by the District and located within its
jurisdictional boundaries;
25. To locate, establish, re-establish, expand or
renew, construct or reconstruct, operate, and maintain any
facility, building, structure, or improvement for a use or
a purpose consistent with any use or purpose of any former
military base owned or leased by the District and located
within its jurisdictional boundaries;
26. To acquire, own, sell, convey, construct, lease for
any period not exceeding 99 years, manage, operate, expand,
develop, and maintain any telephone system, including, but
not limited to, all equipment, materials, and facilities
necessary or incidental to that telephone system, for use,
at the option of the District and upon payment of a
reasonable fee set by the District, of any tenant or
occupant situated on any former military base owned or
leased by the District and located within its
jurisdictional boundaries;
27. To cause to be incorporated one or more subsidiary
business corporations, wholly owned by the District, to
own, operate, maintain, and manage facilities and services

related to any telephone system, pursuant to paragraph 26.
A subsidiary corporation formed pursuant to this paragraph
shall (i) be deemed a telecommunications carrier, as that
term is defined in Section 13-202 of the Public Utilities
Act, (ii) have the right to apply to the Illinois Commerce
Commission for a Certificate of Service Authority or a
Certificate of Interexchange Service Authority, and (iii)
have the powers necessary to carry out lawful orders of the
Illinois Commerce Commission;
28. To improve, develop, or redevelop any former
military base situated within the boundaries of the
District, in Madison County, Illinois, and acquired by the
District from the federal government, acting by and through
the United States Maritime Administration, pursuant to any
plan for redevelopment, development, or improvement of
that military base by the District that is approved by the
United States Maritime Administration under the terms and
conditions of conveyance of the former military base to the
District by the federal government;
29. To acquire, erect, construct, maintain and operate
aquariums, museums, planetariums, climatrons and other
edifices for the collection and display of objects
pertaining to natural history or the arts and sciences, or
sports facilities and to permit the directors or trustees
of any corporation or society organized for the erection,
construction, maintenance and operation of an aquarium,

museum, planetarium, climatrons, sports facilities or
other such edifice to perform such erection, construction,
maintenance and operation on or within any property now or
hereafter owned by or under the control or supervision of
the District; and to contract with any such directors or
trustees relative to such acquisition, erection,
construction, maintenance and operation and to authorize
such directors or trustees to charge an admission fee, the
proceeds of which shall be devoted exclusively to such
erection, construction, maintenance and operation;
30. To acquire, erect, construct, reconstruct,
improve, maintain and operate one or more, or a combination
or combinations of, industrial buildings, office
buildings, residential buildings, buildings to be used as a
factory, mill shops, processing plants, packaging plants,
assembly plants, fabricating plants, and buildings to be
used as warehouses and other storage facilities;
31. To establish, organize, own, acquire, participate
in, operate, sell, and transfer cause to be incorporated
one or more subsidiary business entities corporations to
own, operate, maintain, and manage facilities and services
related to the community and economic development
interests of the District, including, but not limited to,
any terminal, terminal facilities, airfields, airports,
port facilities, or real property of the District, whether
as shareholder, partner, or co-venturer, alone or in

cooperation with federal, state, or local governmental
authorities or any other public or private corporation or
person or persons. Such subsidiary business entities
corporations 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 subsidiary business entities
corporations may borrow money or obtain financial
assistance from private lenders or federal and state
governmental authorities or issue 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. For purposes of
this paragraph, "business entities" means a person,
partnership, association, public or private corporation,
or similar organization, whether operated for profit or not
for profit.
(Source: P.A. 98-854, eff. 1-1-15.)