Bill Text: IL SB0499 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0854 [SB0499 Detail]
Download: Illinois-2013-SB0499-Enrolled.html
Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0854 [SB0499 Detail]
Download: Illinois-2013-SB0499-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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Tri-City Regional Port District Act is | ||||||
5 | amended by changing the title of the Act and Sections 1, 2, 3, | ||||||
6 | 4, 6, 7.5, 8, 13, 15, 15.5, 16, 18, 19, 25, 33, and 34 as | ||||||
7 | follows:
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8 | (70 ILCS 1860/Act title)
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9 | An Act to create the America's Central Tri-City Regional | ||||||
10 | Port District (formerly known as the "Tri-City Regional Port | ||||||
11 | District Act") and to define its
powers and duties.
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12 | (70 ILCS 1860/1) (from Ch. 19, par. 284)
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13 | Sec. 1.
This Act shall be known and may be cited as the | ||||||
14 | " America's Central Tri-City Regional Port District Act. "
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15 | (Source: Laws 1959, p. 71.)
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16 | (70 ILCS 1860/2) (from Ch. 19, par. 285)
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17 | Sec. 2. When used in this Act:
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18 | "District" or "Port District" means America's Central the | ||||||
19 | Tri-City Regional Port District
created by this Act.
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20 | "Terminal" means a public place, station or depot for | ||||||
21 | receiving and
delivering baggage, mail, freight or express |
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1 | matter and for any combination
of such purposes, in connection | ||||||
2 | with the transportation of persons and
property on water or | ||||||
3 | land or in the air.
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4 | "Terminal facilities" means all land, buildings, | ||||||
5 | structures,
improvements, equipment and appliances useful in | ||||||
6 | the operation of public
warehouse, storage and transportation | ||||||
7 | facilities and industrial,
manufacturing, processing and | ||||||
8 | conversion activities for the accommodation
of or in connection | ||||||
9 | with commerce by water or land or in the air or useful
as an aid | ||||||
10 | to further the public interest, or constituting an advantage or
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11 | convenience to, the safe
landing, taking off and navigation of | ||||||
12 | aircraft, or the safe and efficient
operation or maintenance of | ||||||
13 | a public airport; except that nothing in this
definition | ||||||
14 | contained shall be interpreted as granting authority to the
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15 | District to acquire, purchase, create, erect or construct a | ||||||
16 | bridge across
any waterway which serves as a boundary between | ||||||
17 | the State of Illinois and
any other state.
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18 | "Port facilities" means all public structures, except | ||||||
19 | terminal
facilities as defined herein, that are in, over, under | ||||||
20 | or adjacent to
navigable waters and are necessary for or | ||||||
21 | incident to the furtherance of
water commerce and includes the | ||||||
22 | widening and deepening of slips, harbors
and navigable waters.
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23 | "Aircraft" means any contrivance now known or hereafter | ||||||
24 | invented, used
or designed for navigation of, or flight in, the | ||||||
25 | air.
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26 | "Airport" means any locality, either land or water, which |
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1 | is used or
designed for the landing and taking off of aircraft, | ||||||
2 | or for the location of
runways, landing fields, airdromes, | ||||||
3 | hangars, buildings, structures, airport
roadways and other | ||||||
4 | facilities.
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5 | "Airport hazard" means any structure, or object of natural | ||||||
6 | growth,
located on or in the vicinity of an airport, or any use | ||||||
7 | of land near an
airport which is hazardous to the use of such | ||||||
8 | airport for the landing and
take-off of aircraft.
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9 | "Approach" means any path, course or zone defined by an | ||||||
10 | ordinance of the
District or by other lawful regulation, on the | ||||||
11 | ground or in the air, or
both, for the use of aircraft in | ||||||
12 | landing and taking off from an airport
located within the | ||||||
13 | District.
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14 | "Commercial aircraft" means any aircraft other than public | ||||||
15 | aircraft
engaged in the business of transporting persons or | ||||||
16 | property.
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17 | "Private aircraft" means any aircraft other than public and | ||||||
18 | commercial
aircraft.
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19 | "Public aircraft" means an aircraft used exclusively in the | ||||||
20 | governmental
service of the United States, or of any state or | ||||||
21 | of any public agency,
including military and naval aircraft.
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22 | "Public airport" means an airport owned by a Port District, | ||||||
23 | an airport
authority or other public agency which is used or is | ||||||
24 | intended for use by
public, commercial and private aircraft and | ||||||
25 | by persons owning, managing,
operating or desiring to use, | ||||||
26 | inspect or repair any such aircraft or to use
any such airport |
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1 | for aeronautical purposes.
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2 | "Public incinerator" means a facility for the disposal of | ||||||
3 | waste by
incineration by any means or method for public use, | ||||||
4 | including, but not
limited to, incineration and disposal of | ||||||
5 | industrial wastes.
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6 | "Public interest" means the protection, furtherance and | ||||||
7 | advancement of
the general welfare and of public health and | ||||||
8 | safety and public necessity
and convenience.
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9 | "Navigable waters" means any public waters which are or can | ||||||
10 | be made
usable for water commerce.
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11 | "Governmental agency" means the Federal, State and any | ||||||
12 | local
governmental body, and any agency or instrumentality, | ||||||
13 | corporate or
otherwise, thereof.
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14 | "Person" means any individual, firm, partnership, | ||||||
15 | corporation, both
domestic and foreign, company, association | ||||||
16 | or joint stock association; and
includes any trustee, receiver, | ||||||
17 | assignee or personal representative
thereof.
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18 | "General obligation bond" means any bond issued by the | ||||||
19 | District any part
of the principal or interest of which bond is | ||||||
20 | to be paid by taxation.
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21 | "Revenue bond" means any bond issued by the District the | ||||||
22 | principal and
interest of which bond is payable solely from | ||||||
23 | revenues or income derived
from terminal, terminal facilities | ||||||
24 | or port facilities of the District.
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25 | "Board" means the America's Central Tri-City Port District | ||||||
26 | Board.
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1 | "Governor" means the Governor of the State of Illinois.
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2 | "Mayor" means the Mayor of the city of Venice, the Mayor of | ||||||
3 | the city of
Madison or the Mayor of the city of Granite City, | ||||||
4 | as the case may require.
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5 | (Source: P.A. 92-643, eff. 1-1-03.)
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6 | (70 ILCS 1860/3) (from Ch. 19, par. 286)
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7 | Sec. 3.
There is created a political subdivision, body | ||||||
8 | politic, and
municipal corporation by the name of America's | ||||||
9 | Central the Tri-City Regional Port District
embracing the | ||||||
10 | following territory in Madison and Jersey Counties County : all | ||||||
11 | the territory
included within the townships of Granite City, | ||||||
12 | Venice , and Nameoki , Chouteau, Wood River, Alton, Godfrey, | ||||||
13 | Elsah, and Quarry ; and that
part of the township of Chouteau | ||||||
14 | which lies south of the Cahokia diversion
canal; and all of | ||||||
15 | Chouteau and Gaboret Islands . Territory may be annexed to
the | ||||||
16 | District in the manner hereinafter provided in this Act. The | ||||||
17 | District
may sue and be sued in its corporate name but | ||||||
18 | execution shall not in any
case issue against any property of | ||||||
19 | the District. It may adopt a common seal
and change the same at | ||||||
20 | its pleasure.
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21 | (Source: Laws 1959, p. 71.)
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22 | (70 ILCS 1860/4) (from Ch. 19, par. 287)
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23 | Sec. 4. The Port District has the following rights and | ||||||
24 | powers:
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1 | 1. To issue permits: for the construction of all wharves, | ||||||
2 | piers,
dolphins, booms, weirs, breakwaters, bulkheads, | ||||||
3 | jetties, bridges or other
structures of any kind, over, under, | ||||||
4 | in, or within 40 feet of any navigable
waters within the Port | ||||||
5 | District; for the deposit of rock, earth, sand or
other | ||||||
6 | material, or any matter of any kind or description in such | ||||||
7 | waters;
except that nothing contained in this paragraph 1 shall | ||||||
8 | be construed so
that it will be deemed necessary to obtain a | ||||||
9 | permit from the District for
the erection, operation or | ||||||
10 | maintenance of any bridge crossing a waterway
which serves as a | ||||||
11 | boundary between the State of Illinois and any other
State, | ||||||
12 | when such erection, operation or maintenance is performed by | ||||||
13 | any
city within the District;
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14 | 2. To prevent or remove obstructions in navigable waters, | ||||||
15 | including the
removal of wrecks;
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16 | 3. To locate and establish dock lines and shore or harbor | ||||||
17 | lines;
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18 | 4. To regulate the anchorage, moorage and speed of water | ||||||
19 | borne vessels
and to establish and enforce regulations for the | ||||||
20 | operation of bridges,
except nothing contained in this | ||||||
21 | paragraph 4 shall be construed to give the
District authority | ||||||
22 | to regulate the operation of any bridge crossing a
waterway | ||||||
23 | which serves as a boundary between the State of Illinois and | ||||||
24 | any
other State, when such operation is performed or to be | ||||||
25 | performed by any
city within the District;
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26 | 5. To acquire, own, construct, lease for any period not |
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1 | exceeding 99
years, operate and maintain terminals, terminal | ||||||
2 | facilities and port
facilities, to fix and collect just, | ||||||
3 | reasonable, and nondiscriminatory
charges for the use of such | ||||||
4 | facilities, and, except as provided herein for
short term | ||||||
5 | financing, to use the charges so collected to defray the
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6 | reasonable expenses of the Port District and to pay the | ||||||
7 | principal of and
interest on any revenue bonds issued by the | ||||||
8 | District;
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9 | 6. To acquire, erect, construct, reconstruct, improve, | ||||||
10 | maintain, operate
and lease in whole or part for any period not | ||||||
11 | exceeding 99 years, central
office or administrative | ||||||
12 | facilities for use by the Port District, any
tenant, occupant | ||||||
13 | or user of the District facilities, or anyone engaged in
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14 | commerce in the District.
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15 | 7. To sell, assign, pledge or hypothecate in whole or in | ||||||
16 | part any
contract, lease, income, charges, tolls, rentals or | ||||||
17 | fees of the District to
provide short term interim financing | ||||||
18 | pending the issuance of revenue bonds
by the District, provided | ||||||
19 | that when such revenue bonds are issued, such
contracts, | ||||||
20 | leases, income, charges, tolls, rentals or fees shall be used | ||||||
21 | to
defray the reasonable expenses of the Port District and pay | ||||||
22 | the principal
of and income on any revenue bonds issued by the | ||||||
23 | District;
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24 | 8. To acquire, own, construct, lease for any period not | ||||||
25 | exceeding 99
years, operate, develop and maintain Port District | ||||||
26 | water and sewerage
systems including but not limited to pipes, |
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1 | mains, lines, sewers, pumping
stations, settling tanks, | ||||||
2 | treatment plants, water purification equipment,
wells, storage | ||||||
3 | facilities and all other equipment, material and facilities
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4 | necessary to such systems, for the use upon payment of a | ||||||
5 | reasonable fee as
set by the District, of any tenant, occupant | ||||||
6 | or user of the District
facilities, or anyone engaged in | ||||||
7 | commerce in the District, provided that
the District shall not | ||||||
8 | acquire, own, construct, lease, operate, develop and
maintain | ||||||
9 | such water and sewerage systems if such services can be | ||||||
10 | provided
by a public utility or municipal corporation upon | ||||||
11 | request of the District,
and provided further that if the | ||||||
12 | District develops its own water and
sewerage systems such | ||||||
13 | systems may be sold or disposed of at anytime to any
public | ||||||
14 | utility or municipal corporation which will continue to service | ||||||
15 | the
Port District.
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16 | 9. To create, establish, maintain and operate a public | ||||||
17 | incinerator for
waste disposal by incineration by any means or | ||||||
18 | method, for use by
municipalities for the disposal of municipal | ||||||
19 | wastes and by industries for
the disposal of industrial waste; | ||||||
20 | and to lease land and said incineration
facilities for the | ||||||
21 | operation of an incinerator for a term not exceeding 99
years | ||||||
22 | and to fix and collect just, reasonable and non-discriminatory
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23 | charges for the use of such incinerating facilities, and to use | ||||||
24 | the charges
or lease proceeds to defray the reasonable expenses | ||||||
25 | of the Port District,
and to pay the principal of and interest | ||||||
26 | on any revenue bonds issued by the
Port District.
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1 | 10. To locate, establish and maintain a public airport, | ||||||
2 | public airports
and public airport facilities within its | ||||||
3 | corporate limits or within or upon
any body of water adjacent | ||||||
4 | thereto, and to construct, develop, expand,
extend and improve | ||||||
5 | any such airport or airport facilities;
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6 | 11. To operate, maintain, manage, lease or sublease for any | ||||||
7 | period not
exceeding 99 years, and to make and enter into | ||||||
8 | contracts for the use,
operation or management of, and to | ||||||
9 | provide rules and regulations for, the
operation, management or | ||||||
10 | use of, any public airport or public airport
facility;
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11 | 12. To fix, charge and collect reasonable rentals, tolls, | ||||||
12 | fees, and
charges for the use of any public airport, or any | ||||||
13 | part thereof, or any
public airport facility;
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14 | 13. To establish, maintain, extend and improve roadways and | ||||||
15 | approaches
by land, water or air to any such airport and to | ||||||
16 | contract or otherwise
provide, by condemnation if necessary, | ||||||
17 | for the removal of any airport
hazard or the removal or | ||||||
18 | relocation of all private structures, railways,
mains, pipes, | ||||||
19 | conduits, wires, poles, and all other facilities and
equipment | ||||||
20 | which may interfere with the location, expansion, development, | ||||||
21 | or
improvement of airports or with the safe approach thereto or | ||||||
22 | take-off
therefrom by aircraft, and to pay the cost of removal | ||||||
23 | or relocation; and,
subject to the "Airport Zoning Act", | ||||||
24 | approved July 17, 1945, as amended,
to adopt, administer and | ||||||
25 | enforce airport zoning regulations for territory
which is | ||||||
26 | within its corporate limits or which extends not more than 2 |
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1 | miles
beyond its corporate limits;
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2 | 14. To restrict the height of any object of natural growth | ||||||
3 | or structure
or structures within the vicinity of any airport | ||||||
4 | or within the lines of an
approach to any airport and, when | ||||||
5 | necessary, for the reduction in the
height of any such existing | ||||||
6 | object or structure, to enter into an agreement
for such | ||||||
7 | reduction or to accomplish same by condemnation;
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8 | 15. To agree with the state or federal governments or with | ||||||
9 | any public
agency in respect to the removal and relocation of | ||||||
10 | any object of natural
growth, airport hazard or any structure | ||||||
11 | or building within the vicinity of
any airport or within an | ||||||
12 | approach and which is owned or within the control
of such | ||||||
13 | government or agency and to pay all or an agreed portion of the
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14 | cost of such removal or relocation;
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15 | 16. For the prevention of accidents, for the furtherance | ||||||
16 | and protection
of public health, safety and convenience in | ||||||
17 | respect to aeronautics, for the
protection of property and | ||||||
18 | persons within the District from any hazard or
nuisance | ||||||
19 | resulting from the flight of aircraft, for the prevention of
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20 | interference between, or collision of, aircraft while in flight | ||||||
21 | or upon the
ground, for the prevention or abatement of | ||||||
22 | nuisances in the air or upon the
ground or for the extension or | ||||||
23 | increase in the usefulness or safety of any
public airport or | ||||||
24 | public airport facility owned by the District, the
District may | ||||||
25 | regulate and restrict the flight of aircraft while within or
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26 | above the incorporated territory of the District;
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1 | 17. To police its physical property only and all waterways | ||||||
2 | and to
exercise police powers in respect thereto or in respect | ||||||
3 | to the enforcement
of any rule or regulation provided by the | ||||||
4 | ordinances of the District and to
employ and commission police | ||||||
5 | officers and other qualified persons to
enforce the same. The | ||||||
6 | use of any such public airport or public airport
facility of | ||||||
7 | the District shall be subject to the reasonable regulation and
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8 | control of the District and upon such reasonable terms and | ||||||
9 | conditions as
shall be established by its Board. A regulatory | ||||||
10 | ordinance of the District
adopted under any provision of this | ||||||
11 | Section may provide for a suspension or
revocation of any | ||||||
12 | rights or privileges within the control of the District
for a | ||||||
13 | violation of any such regulatory ordinance. Nothing in this | ||||||
14 | Section
or in other provisions of this Act shall be construed | ||||||
15 | to authorize such
Board to establish or enforce any regulation | ||||||
16 | or rule in respect to
aviation, or the operation or maintenance | ||||||
17 | of any airport facility within
its jurisdiction, which is in | ||||||
18 | conflict with any federal or state law or
regulation applicable | ||||||
19 | to the same subject matter;
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20 | 18. To enter into agreements with the corporate authorities | ||||||
21 | or governing
body of any other municipal corporation or any | ||||||
22 | political subdivision of
this State to pay the reasonable | ||||||
23 | expense of services furnished by such
municipal corporation or | ||||||
24 | political subdivision for or on account of income
producing | ||||||
25 | properties of the District;
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26 | 19. To enter into contracts dealing in any manner with the |
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1 | objects and
purposes of this Act;
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2 | 20. To acquire, own, lease, sell or otherwise dispose of | ||||||
3 | interests in
and to real property and improvements situate | ||||||
4 | thereon and in personal
property necessary to fulfill the | ||||||
5 | purposes of the District;
| ||||||
6 | 21. To designate the fiscal year for the District;
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7 | 22. To engage in any activity or operation which is | ||||||
8 | incidental to and in
furtherance of efficient operation to | ||||||
9 | accomplish the District's primary purpose;
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10 | 23. To apply to proper authorities of the United States of | ||||||
11 | America
pursuant to appropriate appropriated Federal Law for | ||||||
12 | the right to establish, operate,
maintain and lease
foreign | ||||||
13 | trade zones and sub-zones within the limits of America's | ||||||
14 | Central the Tri-City Regional Port
District , or its limits as | ||||||
15 | approved by the United States Foreign-Trade Zones Board, or | ||||||
16 | within the jurisdiction of the United States Customs Service
| ||||||
17 | Office of the St. Louis Port of Entry and to establish, | ||||||
18 | operate, maintain
and lease such foreign trade zones
and the | ||||||
19 | sub-zones;
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20 | 24. To operate, maintain, manage, lease, or sublease for | ||||||
21 | any period not
exceeding 99 years any former military base | ||||||
22 | owned or leased by the District
and within its jurisdictional | ||||||
23 | boundaries, to make and enter into any contract
for
the
use, | ||||||
24 | operation, or management of any former military base owned or | ||||||
25 | leased by
the District and located within its jurisdictional
| ||||||
26 | boundaries,
and to provide rules and regulations for the |
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1 | development, redevelopment, and
expansion of any former | ||||||
2 | military base owned or leased by the District and
located | ||||||
3 | within its jurisdictional boundaries;
| ||||||
4 | 25. To locate, establish, re-establish, expand or renew, | ||||||
5 | construct or
reconstruct, operate, and maintain any facility, | ||||||
6 | building, structure, or
improvement for a use or a purpose | ||||||
7 | consistent with any use or purpose of any
former military base | ||||||
8 | owned or leased by the District and located within its
| ||||||
9 | jurisdictional boundaries; | ||||||
10 | 26. To acquire, own, sell, convey, construct, lease for any | ||||||
11 | period not
exceeding 99 years, manage, operate, expand, | ||||||
12 | develop, and maintain any
telephone system, including, but not | ||||||
13 | limited to, all equipment,
materials, and facilities necessary | ||||||
14 | or incidental to that
telephone
system, for use, at the option | ||||||
15 | of the District and upon payment of a reasonable
fee set by the | ||||||
16 | District, of any tenant or occupant
situated on
any former | ||||||
17 | military base owned or leased by the District and located | ||||||
18 | within its
jurisdictional boundaries; | ||||||
19 | 27. To cause to be incorporated one or more subsidiary | ||||||
20 | business
corporations, wholly owned by the District, to own, | ||||||
21 | operate, maintain, and
manage facilities and services related | ||||||
22 | to any telephone system, pursuant to
paragraph 26. A subsidiary | ||||||
23 | corporation formed pursuant to this paragraph shall
(i) be | ||||||
24 | deemed a telecommunications carrier, as that term is defined in | ||||||
25 | Section
13-202 of the Public Utilities Act, (ii) have the right | ||||||
26 | to apply to the
Illinois
Commerce Commission for a Certificate |
| |||||||
| |||||||
1 | of Service Authority or a Certificate of
Interexchange Service | ||||||
2 | Authority, and (iii) have the powers necessary to carry
out
| ||||||
3 | lawful orders of the Illinois Commerce Commission; | ||||||
4 | 28. To improve, develop, or redevelop any former military | ||||||
5 | base situated
within the boundaries of the District, in Madison | ||||||
6 | County, Illinois, and
acquired
by the District from the federal | ||||||
7 | government, acting by and through the United
States Maritime | ||||||
8 | Administration, pursuant to any plan for redevelopment,
| ||||||
9 | development, or improvement of that military base by the | ||||||
10 | District that is
approved by the United States Maritime | ||||||
11 | Administration under the terms and
conditions of conveyance of | ||||||
12 | the former military base to the District by the
federal
| ||||||
13 | government ; . | ||||||
14 | 29. To acquire, erect, construct, maintain and operate | ||||||
15 | aquariums, museums, planetariums, climatrons and other | ||||||
16 | edifices for the collection and display of objects pertaining | ||||||
17 | to natural history or the arts and sciences, or sports | ||||||
18 | facilities and to permit the directors or trustees of any | ||||||
19 | corporation or society organized for the erection, | ||||||
20 | construction, maintenance and operation of an aquarium, | ||||||
21 | museum, planetarium, climatrons, sports facilities or other | ||||||
22 | such edifice to perform such erection, construction, | ||||||
23 | maintenance and operation on or within any property now or | ||||||
24 | hereafter owned by or under the control or supervision of the | ||||||
25 | District; and to contract with any such directors or trustees | ||||||
26 | relative to such acquisition, erection, construction, |
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| |||||||
1 | maintenance and operation and to authorize such directors or | ||||||
2 | trustees to charge an admission fee, the proceeds of which | ||||||
3 | shall be devoted exclusively to such erection, construction, | ||||||
4 | maintenance and operation; | ||||||
5 | 30. To acquire, erect, construct, reconstruct, improve, | ||||||
6 | maintain and operate one or more, or a combination or | ||||||
7 | combinations of, industrial buildings, office buildings, | ||||||
8 | residential buildings, buildings to be used as a factory, mill | ||||||
9 | shops, processing plants, packaging plants, assembly plants, | ||||||
10 | fabricating plants, and buildings to be used as warehouses and | ||||||
11 | other storage facilities; | ||||||
12 | 31. To cause to be incorporated one or more subsidiary | ||||||
13 | business corporations to own, operate, maintain, and manage | ||||||
14 | facilities and services related to any terminal, terminal | ||||||
15 | facilities, airfields, airports, port facilities, or real | ||||||
16 | property of the District, whether as shareholder, partner, or | ||||||
17 | co-venturer, alone or in cooperation with federal, state, or | ||||||
18 | local governmental authorities or any other public or private | ||||||
19 | corporation or person or persons. Such subsidiary business | ||||||
20 | corporations and all of the property thereof, wholly or partly | ||||||
21 | owned, directly or indirectly, by the District, shall have the | ||||||
22 | same privileges and immunities as accorded to the District; and | ||||||
23 | subsidiary business corporations may borrow money or obtain | ||||||
24 | financial assistance from private lenders or federal and state | ||||||
25 | governmental authorities or issue revenue bonds with the same | ||||||
26 | kinds of security, and in accordance with the same procedures, |
| |||||||
| |||||||
1 | restrictions and privileges applicable when the District | ||||||
2 | obtains financial assistance or issues bonds for any of its | ||||||
3 | other authorized purposes. | ||||||
4 | (Source: P.A. 93-874, eff. 8-6-04.)
| ||||||
5 | (70 ILCS 1860/6) (from Ch. 19, par. 289)
| ||||||
6 | Sec. 6.
The District has power to apply for and accept | ||||||
7 | grants, loans, or
appropriations from the federal government, | ||||||
8 | the State of Illinois, and
Madison or Jersey Counties County , | ||||||
9 | or any agency or instrumentality
thereof to be used for any of | ||||||
10 | the purposes of the District and to enter
into any agreements | ||||||
11 | with the federal, State, and county governments in relation
to | ||||||
12 | such grants, loans or appropriations.
| ||||||
13 | The District may petition any federal, state, municipal, or | ||||||
14 | local
authority, administrative, judicial and legislative, | ||||||
15 | having jurisdiction in
the premises, for the adoption and | ||||||
16 | execution of any physical improvement,
change in method or | ||||||
17 | system of handling freight, warehousing, docking,
lightering, | ||||||
18 | and transfer of freight, which in the opinion of the District
| ||||||
19 | is designed to improve or better the handling of commerce in | ||||||
20 | and through
the Port District or improve terminal or | ||||||
21 | transportation facilities therein.
| ||||||
22 | (Source: P.A. 92-643, eff. 1-1-03.)
| ||||||
23 | (70 ILCS 1860/7.5) | ||||||
24 | Sec. 7.5. Authorization to borrow moneys. The District's |
| |||||||
| |||||||
1 | Board may borrow money from any bank or other financial | ||||||
2 | institution and may provide appropriate security for that | ||||||
3 | borrowing, if the money is repaid within 20 3 years after the | ||||||
4 | money is borrowed. "Financial institution" means any bank | ||||||
5 | subject to the Illinois Banking Act, any savings and loan | ||||||
6 | association subject to the Illinois Savings and Loan Act of | ||||||
7 | 1985, any savings bank subject to the Savings Bank Act, and any | ||||||
8 | federally chartered commercial bank or savings and loan | ||||||
9 | association organized and operated in this State pursuant to | ||||||
10 | the laws of the United States.
| ||||||
11 | (Source: P.A. 94-562, eff. 1-1-06.)
| ||||||
12 | (70 ILCS 1860/8) (from Ch. 19, par. 291)
| ||||||
13 | Sec. 8.
The District has the continuing power to borrow | ||||||
14 | money and
issue either general obligation bonds, after approval | ||||||
15 | by referendum as
hereinafter provided, or revenue bonds without | ||||||
16 | referendum approval for
the purpose of acquiring, | ||||||
17 | constructing, reconstructing, extending or
improving | ||||||
18 | terminals, terminal facilities, airfields, airports and port
| ||||||
19 | facilities, and for acquiring any property and equipment useful | ||||||
20 | for the
construction, reconstruction, extension, improvement | ||||||
21 | or operation of its
terminals, terminal facilities, airfields, | ||||||
22 | airports and port facilities,
and for acquiring necessary | ||||||
23 | working cash funds.
| ||||||
24 | The District may, pursuant to ordinance adopted by the | ||||||
25 | Board and
without submitting the question to referendum, from |
| |||||||
| |||||||
1 | time to time issue
and dispose of its interest bearing revenue | ||||||
2 | bonds and may also in the
same manner from time to time issue | ||||||
3 | and dispose of its interest bearing
revenue bonds to refund any | ||||||
4 | revenue bonds at maturity or pursuant to
redemption provisions | ||||||
5 | or at any time before maturity with the consent of
the holders | ||||||
6 | thereof.
| ||||||
7 | If the Board desires to issue general obligation bonds it | ||||||
8 | shall adopt
an ordinance specifying the amount of bonds to be | ||||||
9 | issued, the purpose
for which they will be issued, the maximum | ||||||
10 | rate of interest they will
bear which shall not be greater than | ||||||
11 | that permitted in "An Act to authorize
public corporations to | ||||||
12 | issue bonds, other evidences of indebtedness and
tax | ||||||
13 | anticipation warrants subject to interest rate limitations set | ||||||
14 | forth
therein", approved May 26, 1970, as now or hereafter | ||||||
15 | amended. Such interest
may be paid semiannually. The ordinance | ||||||
16 | shall also specify
the date of maturity which shall
not be more | ||||||
17 | than 20 years after the date of issuance, and levying a tax
| ||||||
18 | that will be required to amortize such bonds. This ordinance is | ||||||
19 | not
effective until it has been submitted to referendum of, and | ||||||
20 | approved by,
the legal voters of the District. The Board shall | ||||||
21 | certify the
ordinance and the question to the proper election | ||||||
22 | officials,
who shall submit the question to the voters at an | ||||||
23 | election in
accordance with the general election law. If a | ||||||
24 | majority of the
vote is in favor of the issuance of the general | ||||||
25 | obligation bonds the
county clerk shall annually extend taxes | ||||||
26 | against all taxable property
within the District at a rate |
| |||||||
| |||||||
1 | sufficient to pay the maturing principal
and interest of these | ||||||
2 | bonds.
| ||||||
3 | The question shall be in substantially the following form:
| ||||||
4 | -------------------------------------------------------------
| ||||||
5 | Shall general obligation bonds
| ||||||
6 | in the amount of $.... be issued YES
| ||||||
7 | by America's Central
| ||||||
8 | the Tri-City Regional Port
| ||||||
9 | District for the purpose of .... -------------
| ||||||
10 | maturing in not more than .....
| ||||||
11 | years, bearing not more than ....% NO
| ||||||
12 | interest, and a tax levied to pay
| ||||||
13 | the principal and interest thereof?
| ||||||
14 | -------------------------------------------------------------
| ||||||
15 | (Source: P.A. 82-902 .)
| ||||||
16 | (70 ILCS 1860/13) (from Ch. 19, par. 296)
| ||||||
17 | Sec. 13.
The Board may, after referendum approval, levy a | ||||||
18 | tax for
corporate purposes of the District annually at the rate | ||||||
19 | approved by
referendum, but which rate shall not exceed .05% of | ||||||
20 | the value of all
taxable property within the Port District as | ||||||
21 | equalized or assessed by
the Department of Revenue.
| ||||||
22 | If the Board desires to levy such a tax it shall order that | ||||||
23 | the question
be submitted at a referendum to be held within the | ||||||
24 | District. The Board
shall certify the order and the question
to | ||||||
25 | the proper election officials, who shall submit the question to |
| |||||||
| |||||||
1 | the voters
at an election in accordance with the general | ||||||
2 | election law. The Board shall
cause the result of the election | ||||||
3 | to be entered upon the records of the Port
District. If a | ||||||
4 | majority of the vote is in favor of the proposition, the
Board | ||||||
5 | may thereafter levy a tax for corporate purposes at a rate not | ||||||
6 | to
exceed that approved by referendum but in no event to exceed | ||||||
7 | .05% of the
value of all taxable property within the District | ||||||
8 | as equalized or
assessed by the Department of Revenue.
| ||||||
9 | The question shall be in substantially the following
form:
| ||||||
10 | -------------------------------------------------------------
| ||||||
11 | Shall America's Central
| ||||||
12 | the Tri-City Regional
| ||||||
13 | Port District levy a tax for YES
| ||||||
14 | corporate purposes annually at
| ||||||
15 | a rate not to exceed ....% of --------------------
| ||||||
16 | the value of taxable property
| ||||||
17 | as equalized or assessed by the NO
| ||||||
18 | Department of Revenue?
| ||||||
19 | -------------------------------------------------------------
| ||||||
20 | (Source: P.A. 81-1489; 81-1509 .)
| ||||||
21 | (70 ILCS 1860/15) (from Ch. 19, par. 298)
| ||||||
22 | Sec. 15.
The governing and administrative body of the Port | ||||||
23 | District shall
be a Board of Commissioners consisting of 9 7 | ||||||
24 | members, to be known as
the America's Central Tri-City Regional | ||||||
25 | Port District Board. All members of the Board shall
be |
| |||||||
| |||||||
1 | residents of the District and shall be known as Commissioners | ||||||
2 | of the America's Central
Tri-City Regional Port District Board. | ||||||
3 | The members of the Board shall serve
without compensation but | ||||||
4 | shall be reimbursed for actual expenses incurred
by them in the | ||||||
5 | performance of their duties. However, any Commissioner of
the | ||||||
6 | Board who is appointed to the office of secretary or treasurer | ||||||
7 | may
receive compensation for his services as such officer. No | ||||||
8 | Commissioner of
the Board or employee of the District shall | ||||||
9 | have any private financial
interest, profit or benefit in any | ||||||
10 | contract, work or business of the
District nor in the sale or | ||||||
11 | lease of any property to or from the District,
except to the | ||||||
12 | extent allowed under "An Act to prevent fraudulent and
corrupt | ||||||
13 | practices in the making or accepting of official appointments | ||||||
14 | and
contracts by public officers", approved April 9, 1872, as | ||||||
15 | now or hereafter amended.
| ||||||
16 | (Source: P.A. 86-681.)
| ||||||
17 | (70 ILCS 1860/15.5)
| ||||||
18 | Sec. 15.5.
A mayor may hold the office of Commissioner of | ||||||
19 | America's Central the Tri-City
Regional Port District | ||||||
20 | simultaneously with the office of mayor. Notwithstanding
any | ||||||
21 | statute to the contrary, a mayor's acceptance of an appointment | ||||||
22 | as a
Commissioner of America's Central the Tri-City Regional | ||||||
23 | Port District does not terminate or
impair the mayor's public | ||||||
24 | office.
| ||||||
25 | (Source: P.A. 92-643, eff. 1-1-03.)
|
| |||||||
| |||||||
1 | (70 ILCS 1860/16) (from Ch. 19, par. 299)
| ||||||
2 | Sec. 16.
The Governor shall appoint 6 members of the Board | ||||||
3 | and the Mayor of the cities of Venice, Madison and Granite City | ||||||
4 | shall each appoint one member of the Board, for a total of 9 | ||||||
5 | Board members. Within 60 days after the effective date of this | ||||||
6 | amendatory Act of the 98th General Assembly, the Governor shall | ||||||
7 | appoint 2 members residing in the area north of the Cahokia | ||||||
8 | Diversion Canal to represent that area, with one member | ||||||
9 | appointed for an initial term expiring May 31, 2016 and one | ||||||
10 | member appointed for an initial term expiring May 31, 2017. The | ||||||
11 | number of Board members appointed by the Governor from the area | ||||||
12 | north of the Cahokia Diversion Canal shall remain at 2 members | ||||||
13 | until such time that the gross operating revenues from the area | ||||||
14 | north of the Cahokia Diversion Canal exceeds 33% of the Port | ||||||
15 | District's total gross operating revenue, as certified by the | ||||||
16 | Port District's certified public accountant. When the gross | ||||||
17 | operating revenue exceeds this amount, the Governor shall, upon | ||||||
18 | the expiration of their term, replace a Board member who | ||||||
19 | resides in the area south of the Cahokia Diversion Canal with | ||||||
20 | an appointee that resides to the north of the Cahokia Diversion | ||||||
21 | Canal, for a total of 3 members who reside in the area north of | ||||||
22 | the Cahokia Diversion Canal. When the gross operating revenue | ||||||
23 | exceeds 45% of the Port District's total gross operating | ||||||
24 | revenue, as certified by the Port District's certified public | ||||||
25 | accountant, the Governor shall replace a Board member who |
| |||||||
| |||||||
1 | resides in the area south of the Cahokia Diversion Canal, upon | ||||||
2 | the expiration of their term, with an appointee that resides to | ||||||
3 | the north of the Cahokia Diversion Canal, for a total of 4 | ||||||
4 | members who reside in the area north of the Cahokia Diversion | ||||||
5 | Canal. In no case shall there be more than 2 members appointed | ||||||
6 | by the Governor from the area to the south or to the north of | ||||||
7 | the Cahokia Diversion Canal whose terms expire in the same | ||||||
8 | year. At the expiration of the term of any member, the member's | ||||||
9 | successor shall be appointed by the Governor or the respective | ||||||
10 | Mayor in the same manner as the original appointment. No more | ||||||
11 | than 4 members may reside in the area north of the Cahokia | ||||||
12 | Diversion Canal. The Governor shall appoint 4 members of the | ||||||
13 | Board and each Mayor
of the cities of Venice, Madison and | ||||||
14 | Granite City shall appoint one member
of the Board. All initial | ||||||
15 | appointments shall be made within 60 days after
this Act takes | ||||||
16 | effect. Of the 4 members initially appointed by the Governor
2 | ||||||
17 | shall be appointed for initial terms expiring June 1, 1960, one | ||||||
18 | for an
initial term expiring June 1, 1961 and one for an | ||||||
19 | initial term expiring
June 1, 1962. The terms of the members | ||||||
20 | initially appointed by the
respective Mayors shall expire June | ||||||
21 | 1, 1962. At the expiration of the term
of any member, his | ||||||
22 | successor shall be appointed by the Governor or the
respective | ||||||
23 | Mayors in like manner and with like regard to place of | ||||||
24 | residence
of the appointee, as in the case of appointments for | ||||||
25 | the initial terms.
| ||||||
26 | After the expiration of initial terms, each successor shall |
| |||||||
| |||||||
1 | hold office
for the term of 3 years from the first day of June | ||||||
2 | of the year in which the
term of office commences. In the case | ||||||
3 | of a vacancy during the term of
office of any member appointed | ||||||
4 | by the Governor, the Governor shall make an
appointment for the | ||||||
5 | remainder of the term vacant and until a successor is
appointed | ||||||
6 | and qualified. In case of a vacancy during the term of office | ||||||
7 | of
any member appointed by a Mayor, the proper Mayor shall make | ||||||
8 | an appointment
for the remainder of the term vacant and until a | ||||||
9 | successor is appointed and
qualified. The Governor and each | ||||||
10 | Mayor shall certify their respective
appointments to the | ||||||
11 | Secretary of State. Within 30 days after certification
of his | ||||||
12 | appointment, and before entering upon the duties of his office, | ||||||
13 | each
member of the Board shall take and subscribe the | ||||||
14 | constitutional oath of
office and file it in the office of the | ||||||
15 | Secretary of State.
| ||||||
16 | (Source: Laws 1959, p. 71.)
| ||||||
17 | (70 ILCS 1860/18) (from Ch. 19, par. 301)
| ||||||
18 | Sec. 18.
As soon as possible after the appointment of the | ||||||
19 | initial members,
the Board shall organize for the transaction | ||||||
20 | of business, select a chairman
and a temporary secretary from | ||||||
21 | its own number, and adopt bylaws and
regulations to govern its | ||||||
22 | proceedings. The initial chairman and successors
shall be | ||||||
23 | elected by the Board from time to time for a term of office as
| ||||||
24 | provided in the District bylaws. However, such term of office | ||||||
25 | shall not
exceed his term of office as a member of the Board.
|
| |||||||
| |||||||
1 | (Source: Laws 1965, p. 393.)
| ||||||
2 | (70 ILCS 1860/19) (from Ch. 19, par. 302)
| ||||||
3 | Sec. 19.
Regular meetings of the Board shall be held at | ||||||
4 | least once in each
calendar month, the time and place of such | ||||||
5 | meetings to be fixed by the
Board. Five Four members of the | ||||||
6 | Board shall constitute a quorum for the
transaction of | ||||||
7 | business. All action of the Board shall be by ordinance or
| ||||||
8 | resolution and the affirmative vote of at least 5 4 members | ||||||
9 | shall be
necessary for the adoption of any ordinance or | ||||||
10 | resolution. All such
ordinances and resolutions before taking | ||||||
11 | effect shall be approved by the
chairman of the Board, and if | ||||||
12 | he approves thereof he shall sign the same,
and such as he does | ||||||
13 | not approve he shall return to the Board with his
objections | ||||||
14 | thereto in writing at the next regular meeting of the Board
| ||||||
15 | occurring after the passage thereof. But in the case the | ||||||
16 | chairman fails to
return any ordinance or resolution with his | ||||||
17 | objections thereto by the time
aforesaid, he shall be deemed to | ||||||
18 | have approved the same and it shall take
effect accordingly. | ||||||
19 | Upon the return of any ordinance or resolution by the
chairman | ||||||
20 | with his objections, the vote by which the same was passed | ||||||
21 | shall
be reconsidered by the Board, and if upon such | ||||||
22 | reconsideration said
ordinance or resolution is passed by the | ||||||
23 | affirmative vote of at least 6 5
members, it shall go into | ||||||
24 | effect notwithstanding the veto of the chairman.
All | ||||||
25 | ordinances, resolutions and all proceedings of the District and |
| |||||||
| |||||||
1 | all
documents and records in its possession shall be public | ||||||
2 | records, and open
to public inspection, except such documents | ||||||
3 | and records as are kept or
prepared by the Board for use in | ||||||
4 | negotiations, legal actions or proceedings
to which the | ||||||
5 | District is a party.
| ||||||
6 | (Source: Laws 1959, p. 71.)
| ||||||
7 | (70 ILCS 1860/25) (from Ch. 19, par. 308)
| ||||||
8 | Sec. 25.
Within 60 days after the end of each fiscal year, | ||||||
9 | the Board shall
cause to be prepared and printed a complete and | ||||||
10 | detailed report and
financial statement of the operations and | ||||||
11 | assets and liabilities of the
Port District. A reasonably | ||||||
12 | sufficient number of copies of such report
shall be printed for | ||||||
13 | distribution to persons interested, upon request, and
a copy | ||||||
14 | thereof shall be filed with the Governor and the county clerks | ||||||
15 | clerk and
the presiding officers officer of the county boards | ||||||
16 | board of Madison and Jersey Counties County . A copy of such
| ||||||
17 | report shall be addressed to and mailed to the Mayor and city | ||||||
18 | council or
president and board of trustees of each municipality | ||||||
19 | within the area of the
District.
| ||||||
20 | (Source: Laws 1959, p. 71.)
| ||||||
21 | (70 ILCS 1860/33) (from Ch. 19, par. 316)
| ||||||
22 | Sec. 33.
At least 5% of the legal voters resident within | ||||||
23 | the limits
of such proposed addition to the District shall | ||||||
24 | petition the circuit
court for the county in which the major |
| |||||||
| |||||||
1 | part of the District is
situated, to cause the question to be | ||||||
2 | submitted to the legal voters of
such proposed additional | ||||||
3 | territory, whether such proposed additional
territory shall | ||||||
4 | become a part of the District and assume a proportionate
share | ||||||
5 | of the general obligation bonded indebtedness, if any, of the
| ||||||
6 | District. Such petition shall be addressed to the court and | ||||||
7 | shall
contain a definite description of the boundaries of the | ||||||
8 | territory to be
embraced in the proposed addition.
| ||||||
9 | Upon filing any such petition with the clerk of the court, | ||||||
10 | the court shall
fix a time and place for a hearing upon the | ||||||
11 | subject of the petition.
| ||||||
12 | Notice shall be given by the court to whom the petition is | ||||||
13 | addressed, or
by the circuit clerk or sheriff of the county in | ||||||
14 | which such petition is
made at the order and direction of the | ||||||
15 | court, of the time and place of the
hearing upon the subject of | ||||||
16 | the petition at least 20 days prior thereto
by at least one | ||||||
17 | publication thereof in any newspaper having general | ||||||
18 | circulation
within the area proposed to be annexed, and by | ||||||
19 | mailing a copy of such notice
to the mayor or president of the | ||||||
20 | board of trustees of all cities, villages
and incorporated | ||||||
21 | towns within the
District.
| ||||||
22 | At the hearing all persons residing in or owning property | ||||||
23 | situated in
the area proposed to be annexed to the District may | ||||||
24 | appear and be heard
touching upon the sufficiency of the | ||||||
25 | petition. If the court finds that
the petition does not comply | ||||||
26 | with the requirements of the law, the court
shall dismiss the |
| |||||||
| |||||||
1 | petition; but if the court finds that the petition
is | ||||||
2 | sufficient the court
shall enter an appropriate order and the | ||||||
3 | clerk of the circuit court shall
certify the order and the | ||||||
4 | proposition to the proper election officials,
who shall submit | ||||||
5 | the proposition to the voters at an election in accordance
with | ||||||
6 | the general election law. In addition to the requirements of | ||||||
7 | the general
election law the notice of the referendum shall | ||||||
8 | specify the purpose of such
referendum with a description of | ||||||
9 | the area proposed to be annexed to the District.
| ||||||
10 | The proposition shall be in substantially
the following | ||||||
11 | form:
| ||||||
12 | -------------------------------------------------------------
| ||||||
13 | For joining America's Central
| ||||||
14 | the Tri-City Regional Port
| ||||||
15 | District and assuming a proportionate
| ||||||
16 | share of general obligation bonded
| ||||||
17 | indebtedness, if any.
| ||||||
18 | -------------------------------------------------------------
| ||||||
19 | Against joining America's Central
| ||||||
20 | the Tri-City Regional
| ||||||
21 | Port District and assuming a proportionate
| ||||||
22 | share of general obligation bonded
| ||||||
23 | indebtedness, if any.
| ||||||
24 | -------------------------------------------------------------
| ||||||
25 | The court shall cause a
statement of the result of such | ||||||
26 | election to be filed in the records
of the court.
|
| |||||||
| |||||||
1 | If a majority of the votes cast upon the question of
| ||||||
2 | annexation to the District are in favor of becoming a part of | ||||||
3 | such
District, the court shall then enter an order stating that | ||||||
4 | such
additional territory shall thenceforth be an integral part | ||||||
5 | of the America's Central
Tri-City Regional Port District and | ||||||
6 | subject to all of the benefits of
service and responsibilities | ||||||
7 | of the District. The circuit clerk shall
transmit a certified | ||||||
8 | copy of the order to the circuit clerk of any other
county in | ||||||
9 | which any of the territory affected is situated.
| ||||||
10 | (Source: P.A. 83-343 .)
| ||||||
11 | (70 ILCS 1860/34) (from Ch. 19, par. 317)
| ||||||
12 | Sec. 34.
If there is territory contiguous to the District | ||||||
13 | which has no
legal voters residing therein, a petition to annex | ||||||
14 | such territory, signed
by all the owners of record of such | ||||||
15 | territory may be filed with the circuit
court for the county in | ||||||
16 | which the major part of the District is situated. A
time and | ||||||
17 | place for a hearing on the subject of the petition shall be | ||||||
18 | fixed
and notice thereof shall be given in the manner provided | ||||||
19 | in Section 33.
At such hearing any owner of land in the | ||||||
20 | territory proposed to be annexed,
the District and any resident | ||||||
21 | of the District may appear and be heard
touching on the | ||||||
22 | sufficiency of the petition. If the court finds that the
| ||||||
23 | petition satisfies the requirements of this Section it shall | ||||||
24 | enter an order
stating that thenceforth such territory shall be | ||||||
25 | an integral part of the America's Central
Tri-City Regional |
| |||||||
| |||||||
1 | Port District and subject to all of the benefits of
service and | ||||||
2 | responsibilities, including the assumption of a proportionate
| ||||||
3 | share of the general obligation bonded indebtedness, if any, of | ||||||
4 | the
District. The circuit clerk shall transmit a certified copy | ||||||
5 | of the order of
the court to the circuit clerk of any other | ||||||
6 | county in which the annexed
territory is situated.
| ||||||
7 | (Source: Laws 1967, p. 3692.)
|