Bill Text: IL SB0575 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Airport Authorities Act. Makes a technical change in a Section concerning the petition to set forth a tax rate.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-07-08 - Public Act . . . . . . . . . 96-1015 [SB0575 Detail]

Download: Illinois-2009-SB0575-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
Alexander-Cairo 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, on either land or in 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 the
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 Alexander-Cairo Port District Board.
"Commercial aircraft" means any aircraft other than public
aircraft engaged in the business of transporting persons or
property.
"District" or "Port District" means the Alexander-Cairo
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 Cairo.
"Navigable waters" means any public waters that 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 structures, except
terminal facilities as defined in this Section, that are in,
over, under, or adjacent to navigable waters and are necessary
for or incident to the furtherance of water commerce and
includes the widening and deepening of slips, harbors, and
navigable waters.
"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 Port 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,
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 the public health and
safety and public necessity and convenience in respect to
aeronautics.

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"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 terminals, 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; except
that nothing in this definition shall be interpreted as
granting authority to the District to acquire, purchase,
create, erect, or construct a bridge across any waterway which
serves as a boundary between the State of Illinois and any
other state.
Section 10. Alexander-Cairo Port District. The
Alexander-Cairo Port District is created as a political
subdivision, body politic, and municipal corporation. The

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District embraces all of the area within the corporate limits
of Alexander County. Territory may be annexed to the District
in the manner 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.
Section 15. Property of District; exemption. All property
of every kind owned by the Port District shall be exempt from
taxation, provided that a tax may be levied upon a lessee of
the Port 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 persons other
than the Port District.
All property of the Port 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 Property Tax Code.
Section 20. Rights and powers. The Port District has the
following rights and powers:
(a) 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

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navigable waters within the Port District and (ii) the deposit
of rock, earth, sand, or other material, or any matter of any
kind or description in the waters; except that nothing
contained in this subsection (a) 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 that serves as a boundary between the State
of Illinois and any other state, when the erection, operation,
or maintenance is performed by any city within the District.
(b) To prevent or remove obstructions in navigable waters,
including the removal of wrecks.
(c) To locate and establish dock lines and shore or harbor
lines.
(d) 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
subsection (d) 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, if the operation is performed or
to be performed by any city located within the District.
(e) 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 the facilities. The charges collected
pursuant to this subsection (e) shall be used to defray the

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reasonable expenses of the Port District and to pay the
principal of and interest on any revenue bonds issued by the
District.
(f) 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 facility.
(g) 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.
(h) 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.
(i) 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
takeoff therefrom by aircraft, and to pay the cost of removal
or relocation; and, subject to the Airport Zoning Act, to

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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.
(j) 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, 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.
(k) 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 the removal or relocation.
(l) 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
of increase in the usefulness or safety of any public airport
or public airport facility owned by the District, the District

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may regulate and restrict the flight of aircraft while within
or above the incorporated territory of the District.
(m) 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 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 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 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.
(n) 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

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properties of the District.
(o) To enter into contracts dealing in any manner with the
objects and purposes of this Act.
(p) To acquire, own, lease, sell, or otherwise dispose of
interests in and to real property and improvements situated
thereon and in personal property necessary to fulfill the
purposes of the District.
(q) To designate the fiscal year for the District.
(r) To engage in any activity or operation which is
incidental to and in furtherance of efficient operation to
accomplish the District's primary purpose.
(s) To build, construct, repair, and maintain levees.
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
any rights therein in the manner, as near as may be, as is
provided for the exercise of the right of eminent domain under

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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 the provisions of any other Section of this
Act, the District shall have full power and authority to lease
any or all 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 Port District 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 such purposes, but
where such leases will in the opinion of the Port District
Board aid and promote such purposes, and in conjunction with
such leases, the District may grant rights-of-way and
privileges across the property of the District, which

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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 such things as
may be necessary for the enjoyment of such leases,
rights-of-way, and privileges, and such leases may contain
conditions and retain such 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 such conditions and
retain such 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. Such 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
acquire property by condemnation or eminent domain is subject

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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 federal, State, or local
governmental authorities, federal, State, or national banking
associations, or any other public or private corporation or
person or persons. 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. Such export trading companies are
authorized, if necessary or desirable, to 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 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 any agreements with the federal
government in relation to such grants, loans, or
appropriations.
The District may petition the administrative, judicial, or
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 Port 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 Section 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 that will be required
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 Alexander-Cairo 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. The bonds, whether
revenue or general obligation, may bear interest at the rate or
rates as permitted in the Bond Authorization Act. The interest
on these bonds 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 the
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 the bonds or interest coupons and to compel the
District and any of its officers, agents, or employees to

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perform any duties 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 the 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

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rate allowed by Section 60 or 65, whichever may be applicable,
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 the revenue
bonds sufficient at all times with other revenues of the
District, if any, to pay (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
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 trust agreement by the District

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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 which rate
shall not exceed 0.05% of the value of all taxable property
within the Port 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

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held within 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 Port
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 Alexander-Cairo 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 Port District
without first submitting the plans, profiles, and
specifications therefor, and other data and information as may

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be required, to the Port District and receiving a permit. Any
person, corporation, company, municipality, or other agency,
that does any of the things prohibited in this Section, without
securing a permit as provided in this Section, shall be guilty
of a Class A misdemeanor; provided, however, that no such
permit shall be required in the case of any project for which a
permit shall have been secured from a proper governmental
agency prior to the creation of the Port District nor shall any
such permit be required in the case of any project to be
undertaken by any city, village, or incorporated town in the
District, or any combination thereof, for which a permit is
required from a governmental agency other than the District
before the municipality can proceed with such project. And in
such event, such municipalities, or any of them, 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
Port 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. If in the discretion of the Port District
it is decided that the structure, fill, or deposit may remain,
the Port District may fix any rule, regulation, requirement,

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restrictions, or rentals or require and compel any changes,
modifications, and repairs as shall be necessary to protect the
interest of the Port District.
Section 95. Board members. The governing and
administrative body of the Port District shall be a Board
consisting of 7 members, to be known as the Alexander-Cairo
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, the Mayor of the City of Cairo
shall appoint one member of the Board, and the chairperson of
the Alexander County Board, with the advice and consent of the
Alexander County Board, shall appoint 2 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

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the Governor, 2 shall be appointed for initial terms expiring
June 1, 2012 and 2 shall be appointed for initial terms
expiring June 1, 2013. The term of the member initially
appointed by the Mayor shall expire June 1, 2013. Of the 2
members appointed by the Alexander County Board Chairperson,
one shall be appointed for an initial term expiring June 1,
2012, and one shall be appointed for an initial term expiring
June 1, 2013. At the expiration of the term of any member, his
or her successor shall be appointed by the Governor, Mayor, or
Alexander County Board Chairperson in like manner and with like
regard to place of residence of the appointee, as in the case
of appointments for the initial terms.
After the expiration of initial terms, each successor shall
hold office for the term of 3 years beginning the first day of
June 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 the 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.
In the case of a vacancy during the term of office of any
member appointed by the Alexander County Board Chairperson, the
Alexander County Board Chairperson shall make an appointment
for the remainder of the term vacant and until a successor is

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appointed and qualified. The Governor, Mayor, and Alexander
County Board Chairperson 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,
Mayor, or Alexander County Board Chairperson, respectively,
may remove any member of the Board they have appointed in 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 case of failure to qualify within the time required,
or of abandonment of his or her office, or in 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 the same manner as in
the case of the expiration of a Board member's term.

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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. 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 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.
All such ordinances and resolutions before taking effect shall
be approved by the chairperson of the Board, and if he or she
approves, the chairperson shall sign the same, and if the
chairperson does not approve, the chairperson shall return to
the Board with his or her objections in writing at the next
regular meeting of the Board occurring after the passage. But
in the case the chairperson fails to return any ordinance or
resolution with his or her objections within the prescribed
time, the chairperson shall be deemed to have approved the
ordinance and it shall take effect accordingly. Upon the return

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of any ordinance or resolution by the chairperson with his or
her objections, the vote shall be reconsidered by the Board,
and if, upon reconsideration of the ordinance or resolution, it
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 that are kept or prepared by the
Board for use in negotiations, legal actions, or proceedings to
which the District is a party.
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 such penal

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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
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 such 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.

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In 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
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 other duties as may be prescribed from
time to time 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. It
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,

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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.
Section 140. Report and financial statement. Within 60 days
after the end of each fiscal year, the Board shall cause to be
prepared and printed a complete and detailed report and
financial statement of the operations and assets and
liabilities of the Port District. A reasonably sufficient
number of copies of the report shall be printed for
distribution to persons interested, upon request, and a copy
thereof shall be filed with the Governor and the county clerk
and the presiding officer of the County Board of Alexander
County. A copy of the report shall be addressed to and mailed
to the corporate authorities of each municipality within the
area of the District.
Section 145. Investigations. The Board may investigate
conditions in which it has an interest within the area of the

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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
shall have 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 such investigations and to any
hearing before the Board or any member of the Board.
Any circuit court of this State, upon application of the
Board, or any member of the Board, 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 of the Board 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 hereunder 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

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3-101 of the Code of Civil Procedure.
Section 155. Records. In the conduct of any investigation
authorized by Section 145, the Port 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 Port District is not required to certify any record or
file any answer or otherwise appear in any proceeding for
judicial review of an administrative decision unless the party
asking for review deposits with the clerk of the court the sum
of 75 cents per page of the record representing the costs of
such certification. Failure to make such 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

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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 such 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
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 having general
circulation within the area proposed to be annexed, and by
mailing a copy of the notice to the mayor or president of the
board of trustees of all municipalities within the District.
At the hearing, all persons residing in or owning property
situated in the area proposed to be annexed to the District may
appear and be heard touching upon the sufficiency of the
petition. If the court finds that the petition does not comply

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with the requirements of the law, the court shall dismiss the
petition; but if the court finds that the petition is
sufficient, 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 and include a description of the area
proposed to be annexed to the District.
The proposition shall be in substantially the following
form:
Shall (description of the territory proposed to be
annexed) join the Alexander-Cairo 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 Alexander-Cairo 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.

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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
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
Alexander-Cairo 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

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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
facility owned or operated by any 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 Jackson-Union Counties Regional Port

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District Act is amended by changing Section 16 as follows:
(70 ILCS 1820/16) (from Ch. 19, par. 866)
Sec. 16. Appointment; vacancies. The Governor shall
appoint 4 members of the Board, each Mayor of the
municipalities of Grand Tower, Jonesboro, Gorham, Murphysboro,
Carbondale, Anna, Cobden, Makanda, Ava, Mill Creek, Elkville,
Alto Pass, Vergennes, Dowell, DeSoto, Campbell Hill, and
Dongola shall appoint one member of the Board, and each County
Board of Jackson County and Union County shall appoint one
member 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 June 1, 1978, and 2 for an initial term
expiring June 1, 1979. The terms of the members initially
appointed by the respective Mayors and County Boards shall
expire June 1, 1979. At the expiration of the term of any
member, his or her successor shall be appointed by the
Governor, the respective Mayors, or the respective County
Boards in like manner and with like regard to place of
residence of the appointee, as in the case of appointments for
the initial terms.
After the expiration of initial terms, each successor shall
hold office for the term of 3 years beginning the first day of
June of the year in which the term of office commences. In the
case of a vacancy during the term of office of any member

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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 a Mayor,
the proper Mayor 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 a County Board, the proper County Board
shall make an appointment for the remainder of the term vacant
and until a successor is appointed and qualified. The Governor,
each Mayor, and each County Board 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.
Notwithstanding any provision of this Section to the
contrary, if there is a vacancy for 3 months or more in the
office of a member appointed by a mayor, then the Board may
request that the county board of the county in which the
municipality is located appoint a person to fill the vacancy
for the remainder of the term or until a successor is appointed
and qualified. Before requesting that the county board fill the
vacancy, the Board must notify the mayor authorized to fill the
vacancy by first class mail. The notice must be sent no later
than 30 days after the vacancy occurs. Any Board member

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appointed under this paragraph must be a resident of the county
making the appointment to fill the vacancy.
Every person appointed to the Board after the effective
date of this amendatory Act of 1981 shall be a resident of the
unit of local government which makes the appointment. Persons
appointed by the Governor shall reside in the district.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 190. The Eminent Domain Act is amended by changing
Section 15-5-45 as follows:
(735 ILCS 30/15-5-45)
Sec. 15-5-45. 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:
Massac-Metropolis Port District Act; Massac-Metropolis Port
District; for general purposes.
Alexander-Cairo Port District Act; Alexander-Cairo Port
District; for general purposes.
(Source: P.A. 96-838, eff. 12-16-09.)
Section 999. Effective date. This Act takes effect upon