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Full Text of SB1784  96th General Assembly

SB1784enr 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Upper
5 Mississippi River International Port District Act.
 
6     Section 2. Definitions. When used in this Act:
7     "Aircraft" means any contrivance now known or hereafter
8 invented, used or designed for navigation of, or flight in, the
9 air.
10     "Airport" means any locality, either land or water, which
11 is used or designed for the landing and taking off of aircraft,
12 or for the location of runways, landing fields, airdromes,
13 hangars, buildings, structures, airport roadways, and other
14 facilities.
15     "Airport hazard" means any structure or object of natural
16 growth located on or in the vicinity of an airport, or any use
17 of land near an airport, which is hazardous to the use of the
18 airport for the landing and taking off of aircraft.
19     "Approach" means any path, course, or zone defined by an
20 ordinance of the District or by other lawful regulation, on the
21 ground, in the air, or both, for the use of aircraft in landing
22 and taking off from an airport located within the District.
23     "Board" means Upper Mississippi River International Port

 

 

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1 District Board.
2     "Commercial aircraft" means any aircraft other than public
3 aircraft engaged in the business of transporting persons or
4 property.
5     "District" means the Upper Mississippi River International
6 Port District created by this Act.
7     "General obligation bond" means any bond issued by the
8 District any part of the principal or interest of which bond is
9 to be paid by taxation.
10     "Governmental agency" means the United States, the State of
11 Illinois, any local governmental body, and any agency or
12 instrumentality, corporate or otherwise, thereof.
13     "Governor" means the Governor of the State of Illinois.
14     "Intermodal" means a type of international freight system
15 that permits transshipping among rivers, sea, highway, rail,
16 and air modes of transportation through use of
17 ANSI/International Organization for Standardization
18 containers, line haul assets, and handling equipment.
19     "Navigable waters" mean any public waters that are or can
20 be made usable for water commerce.
21     "Person" means any individual, firm, partnership, trust,
22 corporation, both domestic and foreign, company, association,
23 or joint stock association, and includes any trustee, receiver,
24 assignee, or personal representative thereof.
25     "Port facilities" means all public and other buildings,
26 structures, works, improvements, and equipment, except

 

 

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1 terminal facilities as defined in this Section, that are upon,
2 in, over, under, adjacent, or near to navigable waters,
3 harbors, rivers, slips, and basins and that are necessary or
4 useful for or incident to the furtherance of water and land
5 commerce and the operation of small boats and pleasure craft.
6     "Port facilities" includes the excavating, widening, and
7 deepening of basins, slips, harbors, rivers and navigable
8 waters. Port facilities also means all lands, buildings,
9 structures, improvements, equipment, and appliances located on
10 district property that are used for industrial, manufacturing,
11 commercial, or recreational purposes.
12     "Private aircraft" means any aircraft other than public and
13 commercial aircraft.
14     "Public aircraft" means an aircraft used exclusively in the
15 governmental service of the United States, or of any state or
16 any public agency, including military and naval aircraft.
17     "Public airport" means an airport owned by a Port District,
18 an airport authority, or other public agency, which is used or
19 is intended for use by public, commercial and private aircraft
20 and by persons owning, managing, operating or desiring to use,
21 inspect or repair any such aircraft or to use any such airport
22 for aeronautical purposes.
23     "Public incinerator" means a facility for the disposal of
24 waste by incineration by any means or method for public use,
25 including, but not limited to, incineration and disposal of
26 industrial wastes.

 

 

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1     "Public interest" means the protection, furtherance, and
2 advancement of the general welfare and of public health and
3 safety and public necessity and convenience.
4     "Revenue bond" means any bond issued by the District the
5 principal and interest of which bond is payable solely from
6 revenues or income derived from terminal, terminal facilities
7 or port facilities of the District.
8     "Terminal" means a public place, station, or depot for
9 receiving and delivering baggage, mail, freight, or express
10 matter and for any combination of such purposes, in connection
11 with the transportation of persons and property on water or
12 land or in the air.
13     "Terminal facilities" means all land, buildings,
14 structures, improvements, equipment, and appliances useful in
15 the operation of public warehouse, storage, and transportation
16 facilities and industrial, manufacturing, processing and
17 conversion activities for the accommodation of or in connection
18 with commerce by water, land, or air or useful as an aid to
19 further the public interest, or constituting an advantage or
20 convenience to the safe landing, taking off, and navigation of
21 aircraft, or the safe and efficient operation or maintenance of
22 a public airport; except that nothing in this definition shall
23 be interpreted as granting authority to the District to
24 acquire, purchase, create, erect, or construct a bridge across
25 any waterway which serves as a boundary between the State of
26 Illinois and any other state.
 

 

 

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1     Section 3. Upper Mississippi River International Port
2 District created. There is created a political subdivision,
3 body politic, and municipal corporation by the name of the
4 Upper Mississippi River International Port District embracing
5 all the area within the corporate limits of Carroll County and
6 Jo Daviess County. Territory may be annexed to the District in
7 the manner provided in this Act. The District may sue and be
8 sued in its corporate name, but execution shall not in any case
9 issue against any property of the District. It may adopt a
10 common seal and change the same at its pleasure.
 
11     Section 4. Property of District; exemption. All property of
12 every kind belonging to the Upper Mississippi River
13 International Port District shall be exempt from taxation,
14 provided that a tax may be levied upon a lessee of the District
15 by reason of the value of a leasehold estate separate and apart
16 from the fee or upon any improvements that are constructed and
17 owned by persons other than the District.
18     All property of the Upper Mississippi River International
19 Port District shall be construed as constituting public grounds
20 owned by a municipal corporation and used exclusively for
21 public purposes within the tax exemption provisions of Sections
22 15-10, 15-15, 15-20, 15-30, 15-75, 15-140, 15-155, and 15-160
23 of the Property Tax Code.
 

 

 

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1     Section 5. Duties. The Port District shall have all of the
2 following duties:
3     (a) To study the existing harbor plans within the area of
4 the District and to recommend to the appropriate governmental
5 agency, including the General Assembly, any changes and
6 modifications that may, from time to time, be required by
7 continuing development and to meet changing business and
8 commercial needs.
9     (b) To make an investigation of conditions within the area
10 of the District and to prepare and adopt a comprehensive plan
11 for the development of port facilities and intermodal
12 facilities for the District. In preparing and recommending
13 changes and modifications in existing harbor plans or a
14 comprehensive plan for the development of port facilities and
15 intermodal facilities, the District may, if it deems desirable,
16 set aside and allocate an area or areas within the land
17 acquired by it or held by it to be used and operated by the
18 District or leased to private parties for industrial,
19 manufacturing, commercial, recreational, or harbor purposes,
20 where the area or areas are not, in the opinion of the
21 District, required for its primary purposes in the development
22 of intermodal, harbor, and port facilities for the use of
23 public water and land transportation, or will not be
24 immediately needed for those purposes, and where the use and
25 operation or leasing will in the opinion of the District aid
26 and promote the development of intermodal, terminal, and port

 

 

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1 facilities.
2     (c) To study and make recommendations to the proper
3 authority for the improvement of terminal, lighterage,
4 wharfage, warehousing, transfer, and other facilities
5 necessary for the promotion of commerce and the interchange of
6 traffic within, to, and from the District.
7     (d) To study, prepare, and recommend by specific proposals
8 to the General Assembly changes in the jurisdiction of the
9 District.
10     (e) To petition any federal, State, municipal, or local
11 authority, administrative, judicial, and legislative, having
12 jurisdiction in the District for the adoption and execution of
13 the physical improvement, change in method, system of handling
14 freight, warehousing, docking, lightering, and transfer
15 freight that, in the opinion of the District, may be designed
16 to improve or better the handling of commerce in and through
17 the District or improve terminal or transportation facilities
18 within the District.
19     (f) To foster, stimulate, and promote the shipment of
20 cargoes and commerce through ports, whether originating within
21 or without the State of Illinois or the United States of
22 America.
23     (g) To acquire, construct, own, lease, and develop
24 terminals, harbors, wharf facilities, piers, docks,
25 warehouses, bulk terminals, grain elevators, boats, and other
26 harbor crafts, and any other port facility or port-related

 

 

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1 facility or service, such as railroads, that it finds necessary
2 and convenient.
3     (h) To perform any other act or function that may tend to
4 or be useful toward development and improvement of harbors,
5 river ports, and port-related facilities and services and to
6 increase foreign and domestic commerce through the harbors and
7 ports within the Port District.
8     (i) To study and make recommendations for river resources
9 management and environmental education within the District,
10 including but not limited to, wetlands banks, mitigation areas,
11 water retention and sedimentation areas, fish hatcheries, or
12 wildlife sanctuaries, natural habitat, and native plant
13 research.
 
14     Section 6. Changes in harbor plans. Any changes and
15 modifications in harbor plans within the area of the Port
16 District from time to time recommended by the District or any
17 comprehensive plan for the development of the port facilities
18 adopted by the District under the authority granted by this Act
19 shall be submitted to the Department of Natural Resources for
20 approval, and approval by the Department of Natural Resources
21 shall be conclusive evidence, for all purposes, that these
22 changes and modifications conform to the provisions of this
23 Act.
 
24     Section 7. Rights and powers. The Port District shall have

 

 

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1 the following rights and powers:
2     (a) to issue permits for the construction of all harbors,
3 wharves, piers, dolphins, booms, weirs, breakwaters,
4 bulkheads, jetties, bridges, or other structures of any kind
5 over, under, in, or within 40 feet of any navigable waters
6 within the District; for the excavation or deposit of rock,
7 earth, sand, or other material; or for any matter of any kind
8 or description in those waters;
9     (b) to prevent or remove obstructions, including the
10 removal of wrecks;
11     (c) to locate and establish dock lines and shore or harbor
12 lines;
13     (d) to acquire, own, construct, sell, lease, operate, and
14 maintain port and harbor, water, and land terminal facilities
15 and, subject to the provisions of Section 8, to operate or
16 contract for the operation of those facilities, and to fix and
17 collect just, reasonable, and non-discriminatory charges,
18 rentals, or fees for the use of those facilities. The charges,
19 rentals, or fees so collected shall be made available to defray
20 the reasonable expenses of the District and to pay the
21 principal of and interest on any revenue bonds issued by the
22 District;
23     (e) to enter into any agreement or contract with any
24 airport for the use of airport facilities to the extent
25 necessary to carry out any of the purposes of the District;
26     (f) to locate, establish, and maintain a public airport,

 

 

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1 public airports, and public airport facilities within its
2 corporate limits or within or upon any body of water adjacent
3 thereto, and to construct, develop, expand, extend, and improve
4 any such airport or airport facilities;
5     (g) to operate, maintain, manage, lease, or sublease for
6 any period not exceeding 99 years, and to make and enter into
7 contracts for the use, operation, or management of, and to
8 provide rules and regulations for, the operation, management,
9 or use of any public airport or public airport facility;
10     (h) to fix, charge, and collect reasonable rentals, tolls,
11 fees, and charges for the use of any public airport, or any
12 part thereof, or any public airport facility;
13     (i) to establish, maintain, extend, and improve roadways
14 and approaches by land, water, or air to any such airport and
15 to contract or otherwise provide, by condemnation if necessary,
16 for the removal of any airport hazard or the removal or
17 relocation of all private structures, railways, mains, pipes,
18 conduits, wires, poles, and all other facilities and equipment
19 which may interfere with the location, expansion, development,
20 or improvement of airports or with the safe approach thereto or
21 take off there from by aircraft, and to pay the cost of removal
22 or relocation; and, subject to the Airport Zoning Act, to
23 adopt, administer and enforce airport zoning regulations for
24 territory which is within its corporate limits or which extends
25 not more than 2 miles beyond its corporate limits;
26     (j) To the extent authorized by the Intergovernmental

 

 

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1 Cooperation Act, to enter into any agreements with any other
2 public agency of this State, including other port districts;
3     (k) To the extent authorized by any interstate compact, to
4 enter into agreements with any other state or unit of local
5 government of any other state; and
6     (l) To enter into contracts dealing in any manner with the
7 objects and purposes of this Act.
8     (m) To police its physical property only and all waterways
9 and to exercise police powers in respect thereto or in respect
10 to the enforcement of any rule or regulation provided by the
11 ordinances of the District and to employ and commission police
12 officers and other qualified persons to enforce the same. The
13 use of any such public airport or public airport facility of
14 the District shall be subject to the reasonable regulation and
15 control of the District and upon such reasonable terms and
16 conditions as shall be established by its Board. A regulatory
17 ordinance of the District adopted under any provision of this
18 Section may provide for a suspension or revocation of any
19 rights or privileges within the control of the District for a
20 violation of any such regulatory ordinance. Nothing in this
21 Section or in other provisions of this Act shall be construed
22 to authorize the Board to establish or enforce any regulation
23 or rule in respect to aviation, or the operation or maintenance
24 of any airport facility within its jurisdiction, which is in
25 conflict with any federal or State law or regulation applicable
26 to the same subject matter;

 

 

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1     (n) To establish, employ, and provide a fire protection
2 unit within the physical property of the District;
3     (o) To acquire, own, sell, convey, construct, lease for any
4 period not exceeding 99 years, manage, operate, expand,
5 develop, and maintain any telephone system, including, but not
6 limited to, all equipment, materials, and facilities necessary
7 or incidental to that telephone or other communication system,
8 for use, at the option of the District and upon payment of a
9 reasonable fee set by the District, of any tenant or occupant
10 situated on any former military base owned or leased by the
11 District or which is located within its jurisdictional
12 boundaries;
13     (p) To acquire, operate, maintain, manage, lease, or
14 sublease for any period not exceeding 99 years any former
15 military base owned or leased by the District and within its
16 jurisdictional boundaries, to make and enter into any contract
17 for the use, operation, or management of any former military
18 base owned or leased by the District and located within its
19 jurisdictional boundaries, and to provide rules and
20 regulations for the development, redevelopment, and expansion
21 of any former military base owned or leased by the District or
22 which is located within the jurisdictional boundaries of the
23 District;
24     (q) To acquire, locate, establish, re-establish, expand or
25 renew, construct or reconstruct, operate, and maintain any
26 facility, building, structure, or improvement for a use or a

 

 

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1 purpose consistent with any use or purpose of any former
2 military base owned or leased by the District or which is
3 located within its jurisdictional boundaries;
4     (r) To cause to be incorporated one or more subsidiary
5 business corporations, wholly owned by the District, to own,
6 operate, maintain, and manage facilities and services related
7 to any telephone or other communication system, pursuant to
8 paragraph (o) of this Section. A subsidiary corporation formed
9 pursuant to this paragraph shall (i) be deemed a
10 telecommunications carrier, as that term is defined in Section
11 13-202 of the Public Utilities Act, (ii) have the right to
12 apply to the Illinois Commerce Commission for a Certificate of
13 Service Authority or a Certificate of Interexchange Service
14 Authority, and (iii) have the powers necessary to carry out
15 lawful orders of the Illinois Commerce Commission;
16     (s) To acquire, improve, develop, or redevelop any former
17 military base situated within the boundaries of the District,
18 in Carroll County, Jo Daviess County, or both, and acquired by
19 the District from the federal government, acting by and through
20 the United States Maritime Administration, pursuant to any plan
21 for redevelopment, development, or improvement of that
22 military base by the District that is approved by the United
23 States Maritime Administration under the terms and conditions
24 of conveyance of the former military base to the District by
25 the federal government.
 

 

 

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1     Section 8. Contracts for the operation of warehouses and
2 storage facilities. Any public warehouse or other public
3 storage facility owned or otherwise controlled by the District
4 shall be operated by persons under contracts with the District.
5 Any contract shall reserve reasonable rentals or other charges
6 payable to the district sufficient to pay the cost of
7 maintaining, repairing, regulating, and operating the
8 facilities and to pay the principal of and interest on any
9 revenue bonds issued by the District and may contain any other
10 conditions that may be mutually agreed upon. However, upon the
11 breach of a contract or if no contract is in existence as to
12 any facility, the District shall temporarily operate the
13 facility until a contract for its operation can be negotiated.
 
14     Section 9. Procedure for leases or contracts for operation
15 of warehouses and storage facilities. All leases or other
16 contracts for operation of any public warehouse or public grain
17 elevator to which this Section is applicable owned or otherwise
18 controlled by the District shall be governed by the following
19 procedures. Notice shall be given by the District that bids
20 will be received for the operation of the public warehouse or
21 public grain elevator. This notice shall state the time within
22 which and the place where bids may be submitted, the time and
23 place of opening of bids, and shall be published not more than
24 30 days nor less than 15 days in advance of the first day for
25 the submission of bids in any one or more newspapers designated

 

 

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1 by the District that have a general circulation within the
2 District. The notice shall specify sufficient data of the
3 proposed operation to enable bidders to understand the scope of
4 the operation; provided, however, that contracts that by their
5 nature are not adapted to award by competitive bidding, such as
6 contracts for the services of individuals possessing a high
7 degree of personal skill, contracts for the purchase or binding
8 of magazines, books, periodicals, pamphlets, reports, and
9 similar articles, and contracts for utility services such as
10 water, light, heat, telephone, or telegraph, shall not be
11 subject to the competitive bidding requirements of this
12 Section, but may not be awarded without the affirmative vote of
13 three-fifths of the Board.
14     The Board may, by ordinance, promulgate reasonable
15 regulations prescribing the qualifications of the bidders as to
16 experience, adequacy of equipment, ability to complete
17 performance within the time set, and other factors in addition
18 to financial responsibility, and may, by ordinance, provide for
19 suitable performance guaranties to qualify a bid. Copies of all
20 regulations shall be made available to all bidders.
21     The District may determine in advance the minimum rental
22 that should be produced by the public warehouse or public grain
23 elevator offered and, if no qualified bid will produce the
24 minimum rental, all bids may be rejected and the District shall
25 then re-advertise for bids. If after the re-advertisement no
26 responsible and satisfactory bid within the terms of the

 

 

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1 advertisement is received, the District may then negotiate a
2 lease for not less than the amount of minimum rental so
3 determined. If, after negotiating for a lease as provided in
4 this Section, it is found necessary to revise the minimum
5 rental to be produced by the facilities offered for lease, then
6 the District shall again re-advertise for bids, as provided in
7 this Section, before negotiating a lease.
8     If the District shall temporarily operate any public
9 warehouse or public grain elevator, the temporary operation
10 shall not continue for more than one year without advertising
11 for bids for the operation of the facility as provided in this
12 Section.
 
13     Section 10. Compliance; prompt payment. Purchases made
14 pursuant to this Act shall be made in compliance with the Local
15 Government Prompt Payment Act.
 
16     Section 11. Acquisition of property. The District has power
17 to acquire and accept by purchase, lease, gift, grant, or
18 otherwise any property and rights useful for its purposes and
19 to provide for the development of channels, ports, harbors,
20 airports, airfields, terminals, port facilities and terminal
21 facilities adequate to serve the needs of commerce within the
22 District. The District may acquire real or personal property or
23 any rights therein in the manner, as near as may be, as is
24 provided for the exercise of the right of eminent domain under

 

 

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1 the Eminent Domain Act; except that no rights or property of
2 any kind or character now or hereafter owned, leased,
3 controlled or operated and used by, or necessary for the actual
4 operations of, any common carrier engaged in interstate
5 commerce, or of any other public utility subject to the
6 jurisdiction of the Illinois Commerce Commission, shall be
7 taken or appropriated by the District without first obtaining
8 the approval of the Illinois Commerce Commission and except
9 that no property owned by any municipality or village within
10 the District shall be taken or appropriated without first
11 obtaining the consent of such municipality or village.
12     Also, the District may lease to others for any period of
13 time, not to exceed 99 years, upon such terms as its Board may
14 determine, any of its real property, rights of way or
15 privileges, or any interest therein, or any part thereof, for
16 industrial, manufacturing, commercial, or harbor purposes. In
17 conjunction with such leases, the District may grant rights of
18 way and privileges across the property of the District, which
19 rights of way and privileges may be assignable and irrevocable
20 during the term of any such lease and may include the right to
21 enter upon the property of the District to do such things as
22 may be necessary for the enjoyment of those leases, rights of
23 way, and privileges, and those leases may contain such
24 conditions and retain such interest therein as may be deemed
25 for the best interest of the District by the Board.
26     Also, the District shall have the right to grant easements

 

 

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1 and permits for the use of any real property, rights of way or
2 privileges that, in the opinion of the Board, will not
3 interfere with the use thereof by the District for its primary
4 purposes and those easements and permits may contain such
5 conditions and retain such interest therein as may be deemed
6 for the best interest of the District by the Board.
7     With respect to any and all leases, easements, rights of
8 way, privileges and permits made or granted by the Board, the
9 Board may agree upon and collect the rentals, charges and fees
10 that may be deemed for the best interest of the District.
11 Except as provided in this Act for interim financing, the
12 rentals, charges and fees shall be used to defray the
13 reasonable expenses of the District and to pay the principal of
14 and interest on any revenue bonds issued by the District.
 
15     Section 12. Eminent domain. Notwithstanding any other
16 provision of this Act, any power granted under this Act to
17 acquire property by condemnation or eminent domain is subject
18 to, and shall be exercised in accordance with, the Eminent
19 Domain Act.
 
20     Section 13. Grants and loans. The District has power to
21 apply for and accept grants, loans, or appropriations from the
22 federal government, the State of Illinois, Carroll County, Jo
23 Daviess County, or any agency or instrumentality thereof to be
24 used for any of the purposes of the District and to enter into

 

 

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1 any agreements with the federal, State, and county governments
2 in relation to such grants, loans or appropriations.
3     The District may petition any federal, State, municipal, or
4 local authority, administrative, judicial and legislative,
5 having jurisdiction in the premises, for the adoption and
6 execution of any physical improvement, change in method or
7 system of handling freight, warehousing, docking, lightering,
8 and transfer of freight, which in the opinion of the District
9 is designed to improve or better the handling of commerce in
10 and through the Port District or improve terminal or
11 transportation facilities therein.
 
12     Section 14. Insurance contracts. The District has power to
13 procure and enter into contracts for any type of insurance or
14 indemnity against loss or damage to property from any cause,
15 including loss of use and occupancy, against death or injury of
16 any person, against employers' liability, against any act of
17 any member, officer, or employee of the District in the
18 performance of the duties of his office or employment or any
19 other insurable risk.
 
20     Section 15. Foreign trade zones and sub-zones. The District
21 has power to acquire or to apply to the proper authorities of
22 the United States of America under the appropriate law for the
23 right to establish, operate, maintain, and lease foreign trade
24 zones and sub-zones within the jurisdiction of the United

 

 

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1 States Customs Service and to establish, operate, maintain, and
2 lease the foreign trade zones and sub-zones.
 
3     Section 16. Authorization to borrow moneys. The District's
4 Board may borrow money from any bank or other financial
5 institution and may provide appropriate security for that
6 borrowing, if the money is repaid within 3 years after the
7 money is borrowed. "Financial institution" means any bank
8 subject to the Illinois Banking Act, any savings and loan
9 association subject to the Illinois Savings and Loan Act of
10 1985, any savings bank subject to the Savings Bank Act, and any
11 federally chartered commercial bank or savings and loan
12 association organized and operated in this State pursuant to
13 the laws of the United States.
 
14     Section 17. Borrowing money; revenue bonds.
15     (a) The district has the continuing power to borrow money
16 for the purpose of acquiring, constructing, reconstructing,
17 extending, operating, or improving terminals, terminal
18 facilities, intermodal facilities, and port facilities; for
19 acquiring any property and equipment useful for the
20 construction, reconstruction, extension, improvement, or
21 operation of its terminals, terminal facilities, intermodal
22 facilities, and port facilities; and for acquiring necessary
23 cash working funds. For the purpose of evidencing the
24 obligation of the District to repay any money borrowed, the

 

 

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1 District may, by ordinances adopted by the Board from time to
2 time, issue and dispose of its interest bearing revenue bonds,
3 notes, or certificates and may also from time to time issue and
4 dispose of its interest bearing revenue bonds, notes, or
5 certificates to refund any bonds, notes, or certificates at
6 maturity or by redemption provisions or at any time before
7 maturity with the consent of the holders thereof.
8     (b) All bonds, notes, and certificates shall be payable
9 solely from the revenues or income to be derived from the
10 terminals, terminal facilities, intermodal facilities, and
11 port facilities or any part thereof; may bear any date or
12 dates; may mature at any time or times not exceeding 40 years
13 from their respective dates; may bear interest at any rate or
14 rates payable semiannually; may be in any form; may carry any
15 registration privileges; may be executed in any manner; may be
16 payable at any place or places; may be made subject to
17 redemption in any manner and upon any terms, with or without
18 premium that is stated on the face thereof; may be
19 authenticated in any manner; and may contain any terms and
20 covenants as may be provided in the ordinance. The holder or
21 holders of any bonds, notes, certificates, or interest coupons
22 appertaining to the bonds, notes, and certificates issued by
23 the District may bring civil actions to compel the performance
24 and observance by the District or any of its officers, agents,
25 or employees of any contract or covenant made by the District
26 with the holders of those bonds, notes, certificates, or

 

 

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1 interest coupons and to compel the District and any of its
2 officers, agents, or employees to perform any duties required
3 to be performed for the benefit of the holders of any bonds,
4 notes, certificates, or interest coupons by the provision in
5 the ordinance authorizing their issuance, and to enjoin the
6 District and any of its officers, agents, or employees from
7 taking any action in conflict with any such contract or
8 covenant, including the establishment of charges, fees, and
9 rates for the use of facilities as provided in this Act.
10 Notwithstanding the form and tenor of any bonds, notes, or
11 certificates and in the absence of any express recital on the
12 face thereof that it is nonnegotiable, all bonds, notes, and
13 certificates shall be negotiable instruments. Pending the
14 preparation and execution of any bonds, notes, or certificates,
15 temporary bonds, notes, or certificates may be issued with or
16 without interest coupons as may be provided by ordinance.
17     (c) The bonds, notes, or certificates shall be sold by the
18 corporate authorities of the District in any manner that the
19 corporate authorities shall determine, except that if issued to
20 bear interest at the minimum rate permitted by the Bond
21 Authorization Act, the bonds shall be sold for not less than
22 par and accrued interest and except that the selling price of
23 bonds bearing interest at a rate less than the maximum rate
24 permitted in that Act shall be such that the interest cost to
25 the District of the money received from the bond sale shall not
26 exceed such maximum rate annually computed to absolute maturity

 

 

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1 of said bonds or certificates according to standard tables of
2 bond values.
3     (d) From and after the issue of any bonds, notes, or
4 certificates as provided in this Section, it shall be the duty
5 of the corporate authorities of the District to fix and
6 establish rates, charges, and fees for the use of facilities
7 acquired, constructed, reconstructed, extended, or improved
8 with the proceeds derived from the sale of the bonds, notes, or
9 certificates sufficient at all times with other revenues of the
10 District, if any, to pay (i) the cost of maintaining,
11 repairing, regulating, and operating the facilities and (ii)
12 the bonds, notes, or certificates and interest thereon as they
13 shall become due, all sinking fund requirements, and all other
14 requirements provided by the ordinance authorizing the
15 issuance of the bonds, notes, or certificates or as provided by
16 any trust agreement executed to secure payment thereof. To
17 secure the payment of any or all of bonds, notes, or
18 certificates and for the purpose of setting forth the covenants
19 and undertaking of the District in connection with the issuance
20 of those bonds, notes, or certificates and the issuance of any
21 additional bonds, notes, or certificates payable from revenue
22 income to be derived from the terminals, terminal facilities,
23 intermodal facilities, and port facilities the District may
24 execute and deliver a trust agreement or agreements. A lien
25 upon any physical property of the District may be created by
26 the trust agreement. A remedy for any breach or default of the

 

 

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1 terms of any trust agreement by the District may be by mandamus
2 proceedings in the circuit court to compel performance and
3 compliance with the agreement, but the trust agreement may
4 prescribe by whom or on whose behalf the action may be
5 instituted.
 
6     Section 18. Bonds not obligations of the State or District.
7 Under no circumstances shall any bonds, notes, or certificates
8 issued by the District or any other obligation of the District
9 be or become an indebtedness or obligation of the State or of
10 any other political subdivision of or municipality within the
11 State, nor shall any bond, note, certificate, or obligation be
12 or become an indebtedness of the District within the purview of
13 any constitutional limitation or provision. It shall be plainly
14 stated on the face of each bond, note, and certificate that it
15 does not constitute an indebtedness or obligation but is
16 payable solely from the revenues or income of the District.
 
17     Section 19. Revenue bonds as legal investments. The State
18 and all counties, municipalities, villages, incorporated towns
19 and other municipal corporations, political subdivisions,
20 public bodies, and public officers of any thereof; all banks,
21 bankers, trust companies, savings banks and institutions,
22 building and loan associations, savings and loan associations,
23 investment companies, and other persons carrying on a banking
24 business; all insurance companies, insurance associations, and

 

 

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1 other persons carrying on an insurance business; and all
2 executors, administrators, guardians, trustees, and their
3 fiduciaries may legally invest any sinking funds, moneys, or
4 other funds belonging to them or within their control in any
5 bonds, notes, or certificates issued under this Act. It is the
6 purpose of this Section to authorize the investment in bonds,
7 notes, or certificates of all sinking, insurance, retirement,
8 compensation, pension, and trust funds, whether owned or
9 controlled by private or public persons or officers; provided,
10 however, that nothing contained in this Section may be
11 construed as relieving any person from any duty of exercising
12 reasonable care in selecting securities for purchase or
13 investment.
 
14     Section 20. Permits. It shall be unlawful to make any fill
15 or deposit of rock, earth, sand, or other material, or any
16 refuse matter of any kind or description, or build or commence
17 the building of any wharf, pier, dolphin, boom, weir,
18 breakwater, bulkhead, jetty, bridge, or other structure over,
19 under, in, or within 40 feet of any navigable waters within the
20 District without first submitting the plans, profiles, and
21 specifications for it, and any other data and information that
22 may be required, to the District and receiving a permit. Any
23 person, corporation, company, municipality, or other agency
24 that does any of the things prohibited in this Section without
25 securing a permit is guilty of a Class A misdemeanor. Any

 

 

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1 structure, fill, or deposit erected or made in any of the
2 public bodies of water within the District in violation of the
3 provisions of this Section is declared to be a purpresture and
4 may be abated as such at the expense of the person,
5 corporation, company, city, municipality, or other agency
6 responsible for it. If in the discretion of the District it is
7 decided that the structure, fill, or deposit may remain, the
8 District may fix any rule, regulation, requirement,
9 restrictions, or rentals or require and compel any changes,
10 modifications, and repairs that shall be necessary to protect
11 the interest of the District.
 
12     Section 21. Board of Commissioners. The governing and
13 administrative body of the Port District shall be a Board of
14 Commissioners consisting of 5 members, to be known as the Upper
15 Mississippi River International Port District Board. All
16 members of the Board shall be residents of the District and
17 shall be known as Commissioners of the Upper Mississippi River
18 International Port District Board. The members of the Board may
19 serve with compensation not to exceed $6,000 per year and shall
20 be reimbursed for actual expenses incurred by them in the
21 performance of their duties. No Commissioner of the Board shall
22 have any private financial interest, profit or benefit in any
23 contract, work or business of the District nor in the sale or
24 lease of any property to or from the District, except to the
25 extent allowed under The Public Officer Prohibited Activities

 

 

SB1784 Enrolled - 27 - LRB096 11145 RLJ 21514 b

1 Act.
 
2     Section 22. Appointment of Board. The Governor shall
3 appoint one member of the Board and the County Board Chairs of
4 Jo Daviess and Carroll Counties shall each appoint 2 members of
5 the Board. Of the 4 members appointed by the County Board
6 Chairs, no more than 2 shall be associated with the same
7 political party. All initial appointments shall be made within
8 60 days after this Act takes effect. The one member appointed
9 by the Governor shall be appointed for an initial term expiring
10 June 1, 2012. Of the terms of the members initially appointed
11 by the County Board Chairs, 2 shall expire June 1, 2011 and 2
12 shall expire June 1, 2012. At the expiration of the term of any
13 member, his or her successor shall be appointed by the Governor
14 or the County Board Chairs in like manner and with like regard
15 to place of residence of the appointee, as in the case of
16 appointments for the initial terms.
17     After the expiration of initial terms, each successor shall
18 hold office for a term of 3 years from the first day of June of
19 the year in which the term of office commences. In the case of
20 a vacancy during the term of office of any member appointed by
21 the Governor, the Governor shall make an appointment for the
22 remainder of the term vacant and until a successor is appointed
23 and qualified. In case of a vacancy during the term of office
24 of any member appointed by a County Board Chair, the proper
25 County Board Chair shall make an appointment for the remainder

 

 

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1 of the term vacant and until a successor is appointed and
2 qualified. The Governor and each County Board Chair shall
3 certify their respective appointments to the Secretary of
4 State. Within 30 days after certification of his or her
5 appointment, and before entering upon the duties of his or her
6 office, each member of the Board shall take and subscribe the
7 constitutional oath of office and file it in the office of the
8 Secretary of State.
 
9     Section 23. Removal of Board members; vacancies. Members of
10 the Board shall hold office until their respective successors
11 have been appointed and qualified. Any member may resign from
12 his or her office to take effect when his or her successor has
13 been appointed and has qualified. The Governor and each County
14 Board Chair may remove any member of the Board they have
15 appointed in case of incompetency, neglect of duty, or
16 malfeasance in office. They shall give such member a copy of
17 the charges against him or her and an opportunity to be
18 publicly heard in person or by counsel in his or her own
19 defense upon not less than 10 days' notice. In case of failure
20 to qualify within the time required, or of abandonment of his
21 or her office, or in case of death, conviction of a felony or
22 removal from office, the office of such member shall become
23 vacant. Each vacancy shall be filled for the unexpired term by
24 appointment in like manner as in case of expiration of the term
25 of a member of the Board.
 

 

 

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1     Section 24. Organization of Board. As soon as possible
2 after the appointment of the initial members, the Board shall
3 organize for the transaction of business, select a chairperson
4 and a temporary secretary from its own number, and adopt bylaws
5 and regulations to govern its proceedings. The initial
6 chairperson and successors shall be elected by the Board from
7 time to time for a term of office as provided in the District
8 bylaws. However, such term of office shall not exceed his or
9 her term of office as a member of the Board.
 
10     Section 25. Board meetings. Regular meetings of the Board
11 shall be held at least once in each calendar month, the time
12 and place of such meetings to be fixed by the Board. Three
13 members of the Board shall constitute a quorum for the
14 transaction of business. All action of the Board shall be by
15 ordinance or resolution and the affirmative vote of at least 3
16 members shall be necessary for the adoption of any ordinance or
17 resolution. All such ordinances and resolutions before taking
18 effect shall be approved by the chair of the Board, and if the
19 chair approves, the chair shall sign the same, and if the chair
20 does not approve the chair shall return to the Board with his
21 or her objections in writing at the next regular meeting of the
22 Board occurring after passage. But in the case the chair fails
23 to return any ordinance or resolution with the objections
24 within the prescribed time, he or she shall be deemed to have

 

 

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1 approved the ordinance or resolution and it shall take effect
2 accordingly. Upon the return of any ordinance or resolution by
3 the chair with objections, the vote shall be reconsidered by
4 the Board, and if, upon such reconsideration of the ordinance
5 or resolution, it is passed by the affirmative vote of at least
6 4 members, it shall go into effect notwithstanding the veto of
7 the chair. All ordinances, resolutions and all proceedings of
8 the District and all documents and records in its possession
9 shall be public records, and open to public inspection, except
10 such documents and records as are kept or prepared by the Board
11 for use in negotiations, legal actions or proceedings to which
12 the District is a party.
 
13     Section 26. Secretary and treasurer. The Board shall
14 appoint a secretary and a treasurer, who need not be members of
15 the Board, to hold office during the pleasure of the Board, and
16 fix their duties and compensation. The secretary and treasurer
17 shall be residents of the District. Before entering upon the
18 duties of their respective offices they shall take and
19 subscribe the constitutional oath of office, and the treasurer
20 shall execute a bond with corporate sureties to be approved by
21 the Board. The bond shall be payable to the District in
22 whatever penal sum may be directed by the Board conditioned
23 upon the faithful performance of the duties of the office and
24 the payment of all money received by him or her according to
25 law and the orders of the Board. The Board may, at any time,

 

 

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1 require a new bond from the treasurer in such penal sum as may
2 then be determined by the Board. The obligation of the sureties
3 shall not extend to any loss sustained by the insolvency,
4 failure or closing of any savings and loan association or
5 federal or State bank wherein the treasurer has deposited funds
6 if the bank or savings and loan association has been approved
7 by the Board as a depositary for these funds. The oaths of
8 office and the treasurer's bond shall be filed in the principal
9 office of the District.
 
10     Section 27. Deposits. All funds deposited by the treasurer
11 in any bank or savings and loan association shall be placed in
12 the name of the District and shall be withdrawn or paid out
13 only by check or draft upon the bank or savings and loan
14 association, signed by the treasurer and countersigned by the
15 chair of the Board. Subject to prior approval of such
16 designations by a majority of the Board, the chair may
17 designate any other Board member or any officer of the District
18 to affix the signature of the chair and the treasurer may
19 designate any other officer of the District to affix the
20 signature of the treasurer to any check or draft for payment of
21 salaries or wages and for payment of any other obligation of
22 not more than $2,500.00.
23     No bank or savings and loan association shall receive
24 public funds as permitted by this Section, unless it has
25 complied with the requirements established pursuant to Section

 

 

SB1784 Enrolled - 32 - LRB096 11145 RLJ 21514 b

1 6 of The Public Funds Investment Act.
 
2     Section 28. Valid; checks and drafts. In case any officer
3 whose signature appears upon any check or draft issued pursuant
4 to this Act, ceases to hold his or her office before the
5 delivery thereof to the payee, his or her signature
6 nevertheless shall be valid and sufficient for all purposes
7 with the same effect as if he had remained in office until
8 delivery thereof.
 
9     Section 29. Executive director. The Board may appoint an
10 Executive Director who shall be a person of recognized ability
11 and business experience to hold office during the pleasure of
12 the Board. The Executive Director shall have management of the
13 properties and business of the District and the employees
14 thereof subject to the general control of the Board, shall
15 direct the enforcement of all ordinances, resolutions, rules
16 and regulations of the Board, and shall perform such other
17 duties as may be prescribed from time to time by the Board. The
18 Board may appoint a general attorney, a chief engineer, and a
19 general manager to assist the Executive Director, and shall
20 provide for the appointment of other officers, and the
21 employment of additional attorneys, engineers, consultants,
22 agents and employees as may be necessary. It shall define their
23 duties and may require bonds of such of them as the Board may
24 designate. The Executive Director, General Manager, General

 

 

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1 Attorney, Chief Engineer, and all other officers provided for
2 pursuant to this Section shall be exempt from taking and
3 subscribing any oath of office and shall not be members of the
4 Board. The compensation of the Executive Director, General
5 Manager, General Attorney, Chief Engineer, and all other
6 officers, attorneys, consultants, agents and employees shall
7 be fixed by the Board.
 
8     Section 30. Ordinances. The Board has power to pass all
9 ordinances and make all rules and regulations proper or
10 necessary, and to carry into effect the powers granted to the
11 District, with such fines or penalties as may be deemed proper.
12 All fines and penalties shall be imposed by ordinances, which
13 shall be published in a newspaper of general circulation
14 published in the area embraced by the District. No such
15 ordinance shall take effect until 10 days after its
16 publication.
 
17     Section 31. Financial statement. Within 60 days after the
18 end of each fiscal year, the Board shall prepare and print a
19 complete and detailed report and financial statement of the
20 operations and assets and liabilities of the Port District. A
21 reasonably sufficient number of copies of such report shall be
22 printed for distribution to persons interested, upon request,
23 and a copy shall be filed with the Governor and the County
24 Clerk and the County Board Chair of Jo Daviess and Carroll

 

 

SB1784 Enrolled - 34 - LRB096 11145 RLJ 21514 b

1 Counties.
 
2     Section 32. Investigations by the Board. The Board may
3 investigate conditions in which it has an interest within the
4 area of the District; the enforcement of its ordinances, rules,
5 and regulations; and the action, conduct, and efficiency of all
6 officers, agents, and employees of the District. In the conduct
7 of investigations the Board may hold public hearings on its own
8 motion and shall do so on complaint of any municipality within
9 the District. Each member of the Board shall have power to
10 administer oaths and the secretary, by order of the Board,
11 shall issue subpoenas to secure the attendance and testimony of
12 witnesses and the production of books and papers relevant to
13 investigations and to any hearing before the Board or any
14 member of the Board.
15     Any circuit court of this State, upon application of the
16 Board or any member of the Board, may in its discretion compel
17 the attendance of witnesses, the production of books and
18 papers, and giving of testimony before the Board, before any
19 member of the Board, or before any officers' committee
20 appointed by the Board by attachment for contempt or otherwise
21 in the same manner as the production of evidence may be
22 compelled before the court.
 
23     Section 33. Final review of administrative decisions. All
24 final administrative decisions of the Board hereunder shall be

 

 

SB1784 Enrolled - 35 - LRB096 11145 RLJ 21514 b

1 subject to judicial review pursuant to the provisions of the
2 Administrative Review Law, and all amendments and
3 modifications thereof, and the rules adopted pursuant thereto.
4 The term "administrative decision" is defined as in Section
5 3-101 of the Code of Civil Procedure.
 
6     Section 34. Non-applicability. The provisions of this Act
7 shall not be considered as impairing, altering, modifying,
8 repealing or superseding any of the jurisdiction or powers of
9 the Illinois Commerce Commission or of the Department of
10 Natural Resources under the Rivers, Lakes, and Streams Act.
11 Nothing in this Act or done under its authority shall apply to,
12 restrict, limit or interfere with the use of any terminal
13 facility or port facility owned or operated by any private
14 person for the storage or handling or transfer of any commodity
15 moving in interstate commerce or the use of the land and
16 facilities of a common carrier or other public utility and the
17 space above such land and facilities in the business of such
18 common carrier or other public utility, without approval of the
19 Illinois Commerce Commission and without the payment of just
20 compensation to any such common carrier or other public utility
21 for damages resulting from any such restriction, limitation or
22 interference.
 
23     Section 35. Annexation. Territory that is contiguous to the
24 District and that is not included within any other port

 

 

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1 district may be annexed to and become a part of the District in
2 the manner provided in Section 36 or 37, whichever is
3 applicable.
 
4     Section 36. Petition for annexation. At least 5% of the
5 legal voters residing within the limits of the proposed
6 addition to the District shall petition the circuit court for a
7 county in which a major part of the District is situated, to
8 cause the question of whether the proposed additional territory
9 shall become a part of the District to be submitted to the
10 legal voters of the proposed additional territory. The petition
11 shall be addressed to the court and shall contain a definite
12 description of the boundaries of the territory to be embraced
13 in the proposed addition.
14     Upon the filing of any petition with the clerk of the
15 court, the court shall fix a time and place for a hearing upon
16 the subject of the petition.
17     Notice shall be given by the court to whom the petition is
18 addressed or by the circuit court clerk or sheriff of the
19 county in which the petition is made at the order and direction
20 of the court of the time and place of the hearing upon the
21 subject of the petition at least 20 days before the hearing by
22 at least one publication of the notice in any newspaper having
23 general circulation within the area proposed to be annexed, and
24 by mailing a copy of the notice to the mayor or president of
25 the board of trustees of all cities, villages, and incorporated

 

 

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1 towns within the District.
2     At the hearing, the District, all persons residing or
3 owning property within the District, and all persons residing
4 in or owning property situated in the area proposed to be
5 annexed to the District may appear and be heard touching upon
6 the sufficiency of the petition. If the court finds that the
7 petition does not comply with the requirements of the law, the
8 court shall dismiss the petition. If the court finds that the
9 petition is sufficient, the court shall certify the petition
10 and the proposition to the proper election officials who shall
11 submit the proposition to the voters at an election under the
12 general election law. In addition to the requirements of the
13 general election law, the notice of the referendum shall
14 include a description of the area proposed to be annexed to the
15 District. The proposition shall be in substantially the
16 following form:
17         Shall (description of the territory proposed to be
18         annexed) join the Upper Mississippi River
19         International Port District?
20 The votes shall be recorded as "Yes" or "No".
21     The court shall cause a statement of the result of the
22 referendum to be filed in the records of the court.
23     If a majority of the votes cast upon the question of
24 annexation to the District are in favor of becoming a part of
25 the District, the court shall then enter an order stating that
26 the additional territory shall thenceforth be an integral part

 

 

SB1784 Enrolled - 38 - LRB096 11145 RLJ 21514 b

1 of the Upper Mississippi River International Port District and
2 subject to all of the benefits of service and responsibilities
3 of the District. The circuit clerk shall transmit a certified
4 copy of the order to the circuit clerk of any other county in
5 which any of the territory affected is situated.
 
6     Section 37. Annexation of territory having no legal voters.
7 If there is territory contiguous to the District that has no
8 legal voters residing within it, a petition to annex the
9 territory signed by all the owners of record of the territory
10 may be filed with the circuit court for the county in which a
11 major part of the District is situated. A time and place for a
12 hearing on the subject of the petition shall be fixed and
13 notice of the hearing shall be given in the manner provided in
14 Section 36. At the hearing any owner of land in the territory
15 proposed to be annexed, the District, and any resident of the
16 District may appear and be heard touching on the sufficiency of
17 the petition. If the court finds that the petition satisfies
18 the requirements of this Section, it shall enter an order
19 stating that thenceforth the territory shall be an integral
20 part of the Upper Mississippi River International Port District
21 and subject to all of the benefits of service and
22 responsibilities of the District. The circuit clerk shall
23 transmit a certified copy of the order of the court to the
24 circuit clerk of any other county in which the annexed
25 territory is situated.
 

 

 

SB1784 Enrolled - 39 - LRB096 11145 RLJ 21514 b

1     Section 38. Disconnection. The registered voters of a
2 county included in the District may petition the State Board of
3 Elections requesting the submission of the question of whether
4 the county should be disconnected from the District to the
5 electors of the county. The petition shall be circulated in the
6 manner required by Section 28-3 of the Election Code and
7 objections thereto and the manner of their disposition shall be
8 in accordance with Section 28-4 of the Election Code. If a
9 petition is filed with the State Board of Elections, signed by
10 not less than 5% of the registered voters of the county or that
11 portion of the county that is within the District, requesting
12 that the question of disconnection be submitted to the electors
13 of the county, the State Board of Elections must certify the
14 question to the proper election authority, which must submit
15 the question at a regular election held at least 78 days after
16 the petition is filed in accordance with the Election Code.
17     The question must be submitted in substantially the
18 following form:
19     Shall (name of county) be disconnected from the
20     Upper Mississippi River International Port District?
21 The votes must be recorded as "Yes" or "No". If a majority of
22 the electors voting on the question vote in the affirmative,
23 the county or portion of the county that is within the District
24 shall be disconnected from the District.
 

 

 

SB1784 Enrolled - 40 - LRB096 11145 RLJ 21514 b

1     Section 39. Severability. If any provision of this Act or
2 its application to any person or circumstance is held invalid,
3 the invalidity of that provision or application does not affect
4 other provisions or applications of this Act that can be given
5 effect without the invalid provision or application.
 
6     Section 40. Interference with private facilities. The
7 provisions of this Act shall not be considered as impairing,
8 altering, modifying, repealing, or superseding any of the
9 jurisdiction or powers of the Illinois Commerce Commission or
10 of the Department of Natural Resources under the Rivers, Lakes,
11 and Streams Act. Nothing in this Act or done under its
12 authority shall apply to, restrict, limit, or interfere with
13 the use of any terminal, terminal facility, intermodal
14 facility, or port facility owned or operated by any private
15 person for the storage or handling or transfer of any commodity
16 moving in interstate commerce or the use of the land and
17 facilities of a common carrier or other public utility and the
18 space above that land and those facilities or the right to use
19 that land and those facilities in the business of any common
20 carrier or other public utility, without approval of the
21 Illinois Commerce Commission and without the payment of just
22 compensation to any common carrier or other public utility for
23 damages resulting from any restriction, limitation, or
24 interference.
 

 

 

SB1784 Enrolled - 41 - LRB096 11145 RLJ 21514 b

1     Section 41. Non-applicability of conflicting provisions of
2 the Illinois Municipal Code. The provisions of the Illinois
3 Municipal Code shall not be effective within the area of the
4 District insofar as the provisions of that Act conflict with
5 the provisions of this Act or grant substantially the same
6 powers to any municipal corporation that are granted to the
7 District by this Act.
 
8     Section 42. Authority to create and operate a utility
9 district. The Upper Mississippi River International Port
10 District shall have the authority to create and operate a
11 utility district within the boundaries of the District
12 providing that municipal utilities or annexation into a
13 municipality utility district is not possible. The Port
14 District shall have all responsibility and authority to provide
15 and maintain water, sewer, gas lines, surface water drainage,
16 roads, and rail infrastructures. The Port District shall also
17 have the responsibility and authority to provide private
18 utilities including electrical power, steam power, natural
19 gas, telecommunications and data networking systems.
20     The Port District may, after referendum approval, levy a
21 tax for the purpose of financing and maintaining utility and
22 infrastructure costs of the District annually at the rate
23 approved by referendum. This tax shall not exceed 0.05% of the
24 value of all taxable property within the Port District as
25 equalized or assessed by the Department of Revenue.

 

 

SB1784 Enrolled - 42 - LRB096 11145 RLJ 21514 b

1     The tax may not be levied until the question of levying the
2 tax has been submitted to the electors of the Port District at
3 a regular election and approved by the majority of the electors
4 voting on the question. The board must certify the question to
5 the proper election authority, which must submit the question
6 at an election in accordance with the Election Code.
7     The election authority must submit the question in
8 substantially the following form:
9         Shall the Upper Mississippi River International Port
10     District be authorized to levy a tax at a rate not to
11     exceed 0.05% of the value of all taxable property within
12     the Port District as equalized or assessed by the
13     Department of Revenue for the purpose of financing and
14     maintaining utility and infrastructure costs of the
15     District?
16 The election authority must record the votes as "Yes" or "No".
17 If a majority of the electors voting on the question vote in
18 the affirmative, the Port District may levy the tax.
 
19     Section 999. Effective date. This Act takes effect upon
20 becoming law.