Illinois General Assembly - Full Text of HB3758
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Full Text of HB3758  99th General Assembly

HB3758 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3758

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1810/2  from Ch. 19, par. 153
70 ILCS 1810/3  from Ch. 19, par. 154
70 ILCS 1810/9.01  from Ch. 19, par. 160.1
70 ILCS 1810/12  from Ch. 19, par. 163
70 ILCS 1810/15  from Ch. 19, par. 166
70 ILCS 1810/16  from Ch. 19, par. 167
70 ILCS 1810/17  from Ch. 19, par. 168
70 ILCS 1810/20  from Ch. 19, par. 171
70 ILCS 1810/28
70 ILCS 1810/29 new
70 ILCS 1810/13 rep.
70 ILCS 1810/14 rep.

    Amends the Illinois International Port District Act. Provides that the City Council of the City of Chicago shall replace the district's board. Makes other conforming changes relating to transfer from the current board to the City Council. Provides that the secretary, treasurer, and executive director of the current district board will continue on until their successors are appointed. Provides that no bonds, notes, or certificates may be issued, renewed, or extended after the effective date of this Act. Further provides that when all bonds issued by the district are paid off, the district shall cease and all assets and property of the district shall vest in and be assumed by the City of Chicago. Provides that the City of Chicago may thereafter transfer any assets or property received under this Section to either the Chicago Park District or the Cook County Forest Preserve, or both. Limits home rule powers.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3758LRB099 06597 AWJ 26670 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois International Port District Act is
5amended by changing Sections 2, 3, 9.01, 12, 15, 16, 17, 20,
6and 28 and by adding Section 29 as follows:
 
7    (70 ILCS 1810/2)  (from Ch. 19, par. 153)
8    Sec. 2. When used in this Act:
9    "District" means the Illinois International Port District
10created by this Act. "Lake Calumet area" means that area in and
11about Lake Calumet, in Cook County, Illinois, described in the
12deed heretofore made by the City of Chicago to the District
13dated April 19, 1955, and recorded in the Office of the
14Recorder of Deeds of Cook County, Illinois on the 22nd day of
15April 1955 as Document number 16212736.
16    "Terminal" means a public place, station, depot, or area
17for receiving and delivering articles, commodities, baggage,
18mail, freight or express matter and for any combination of such
19purposes in connection with the transportation and movement by
20water and land of persons and property.
21    "Terminal facilities" means all lands, buildings,
22structures, improvements, equipment and appliances useful in
23the operation of public warehouse, storage and transportation

 

 

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1facilities for water and land commerce and for handling,
2docking, storing and servicing small boats and pleasure craft.
3    "Port facilities" means all public and other buildings,
4structures, works, improvements and equipment except terminal
5facilities as defined herein and that are upon, in, over,
6under, adjacent or near to navigable waters, harbors, slips and
7basins, and are necessary or useful for or incident to the
8furtherance of water and land commerce and the operation of
9small boats and pleasure craft and includes the widening and
10deepening of basins, slips, harbors and navigable waters. "Port
11facilities" also means all lands, buildings, structures,
12improvements, equipment, and appliances located on District
13property that are used for industrial, manufacturing,
14commercial, or recreational purposes.
15    "Navigable waters" means any public waters which are or can
16be made usable for water commerce.
17    "Governmental agency" means the Federal, State and any
18local governmental body, and any agency or instrumentality,
19corporate or otherwise, thereof.
20    "Person" means any individual, firm, partnership, trust,
21corporation, both domestic and foreign, company, association
22or joint stock association; and includes any trustee, receiver,
23assignee or personal representative thereof.
24    "Board" means the City Council of the City of Chicago
25Illinois International Port District Board.
26    "Governor" means the Governor of the State of Illinois.

 

 

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1    "Mayor" means the Mayor of the City of Chicago.
2    "Senator Dan Dougherty Harbor" means the inundated land in
3Lake Calumet in Cook County, Illinois.
4    "Federal Navigational Channel" means the 27 foot deep
5channel in Lake Calumet approximately 3,000 feet long and 1,000
6feet wide authorized by Section 101 of the Rivers and Harbors
7Act of 1962, (P.L. 87-874), and described in House Document No.
8581, 87th Cong., 2nd Session.
9(Source: P.A. 88-539.)
 
10    (70 ILCS 1810/3)  (from Ch. 19, par. 154)
11    Sec. 3. There is created a political subdivision, body
12politic and municipal corporation by the name of the Illinois
13International Port District embracing all the area within the
14corporate limits of the City of Chicago. The District may sue
15and be sued in its corporate name but execution shall not in
16any case issue against any property of the District. It may
17adopt a common seal and change the same at pleasure. The
18principal office of the District shall be in the city of
19Chicago at a place designated by the Board.
20(Source: P.A. 84-892.)
 
21    (70 ILCS 1810/9.01)  (from Ch. 19, par. 160.1)
22    Sec. 9.01. The District has the continuing power to borrow
23money for the purpose of acquiring, constructing,
24reconstructing, extending, operating, or improving terminals,

 

 

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1terminal facilities and port facilities, and for acquiring any
2property and equipment useful for the construction,
3reconstruction, extension, improvement or operation of its
4terminals, terminal facilities and port facilities, and for
5acquiring necessary cash working funds. For the purpose of
6evidencing the obligation of the District to repay any money
7borrowed as aforesaid the District may pursuant to ordinance
8adopted by the Board from time to time issue and dispose of its
9interest bearing revenue bonds, notes, or certificates and may
10also from time to time issue and dispose of its interest
11bearing revenue bonds, notes, or certificates to refund any
12bonds, notes, or certificates at maturity or pursuant to
13redemption provisions or at any time before maturity with the
14consent of the holders thereof. No bonds, notes, or
15certificates may be issued, renewed, or extended after the
16effective date of this amendatory Act of the 99th General
17Assembly. All such bonds, notes, and certificates shall be
18payable solely from the revenues or income to be derived from
19the terminals, terminal facilities or port facilities or any
20part thereof, may bear such date or dates, may mature at such
21time or times not exceeding forty years from their respective
22dates, may bear interest at such rate or rates payable
23semiannually, may be in such form, may carry such registration
24privileges, may be executed in such manner, may be payable at
25such place or places, may be made subject to redemption in such
26manner and upon such terms, with or without premium as is

 

 

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1stated on the face thereof, may be authenticated in such manner
2and may contain such terms and covenants, all as may be
3provided in said ordinance. The holder or holders of any bonds,
4notes, certificates, or interest coupons appertaining thereto
5issued by the district may bring civil actions to compel the
6performance and observance by the district or any of its
7officers, agents or employees of any contract or covenant made
8by the district with the holders of such bonds, notes,
9certificates, or interest coupons and to compel the district
10and any of its officers, agents or employees to perform any
11duties required to be performed for the benefit of the holders
12of any such bonds, notes, certificates or interest coupons by
13the provision in the ordinance authorizing their issuance, and
14to enjoin the district and any of its officers, agents or
15employees from taking any action in conflict with any such
16contract or covenant, including the establishment of charges,
17fees and rates for the use of facilities as hereinafter
18provided.
19    Notwithstanding the form and tenor of any such bonds,
20notes, or certificates and in the absence of any express
21recital on the face thereof that it is nonnegotiable, all such
22bonds, notes, and certificates shall be negotiable
23instruments. Pending the preparation and execution of any such
24bonds, notes, or certificates, temporary bonds, notes, or
25certificates may be issued with or without interest coupons as
26may be provided by ordinance.

 

 

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1    The bonds, notes, or certificates shall be sold by the
2corporate authorities of the district in such manner as the
3corporate authorities shall determine, except that if issued to
4bear interest at the minimum rate permitted by the Bond
5Authorization Act, the bonds shall be sold for not less than
6par and accrued interest and except that the selling price of
7bonds bearing interest at a rate less than the maximum rate
8permitted in that Act shall be such that the interest cost to
9the district of the money received from the bond sale shall not
10exceed such maximum rate annually computed to absolute maturity
11of said bonds or certificates according to standard tables of
12bond values.
13    From and after the issue of any bonds, notes, or
14certificates as herein provided it shall be the duty of the
15corporate authorities of the district to fix and establish
16rates, charges and fees for the use of facilities acquired,
17constructed, reconstructed, extended or improved with the
18proceeds derived from the sale of the bonds, notes, or
19certificates sufficient at all times with other revenues of the
20district, if any, to pay: (a) the cost of maintaining,
21repairing, regulating and operating the facilities; and (b) the
22bonds, notes, or certificates and interest thereon as they
23shall become due, and all sinking fund requirements and other
24requirements provided by the ordinance authorizing the
25issuance of the bonds, notes, or certificates or as provided by
26any trust agreement executed to secure payment thereof.

 

 

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1    To secure the payment of any or all of such bonds, notes,
2or certificates and for the purpose of setting forth the
3covenants and undertaking of the district in connection with
4the issuance thereof and the issuance of any additional bonds,
5notes, or certificates payable from such revenue income to be
6derived from the terminals, terminal facilities and port
7facilities the district may execute and deliver a trust
8agreement or agreements. A lien upon any physical property of
9the district may be created thereby. A remedy for any breach or
10default of the terms of any such trust agreement by the
11district may be by mandamus proceedings in the circuit court to
12compel performance and compliance therewith, but the trust
13agreement may prescribe by whom or on whose behalf such action
14may be instituted.
15(Source: P.A. 88-539.)
 
16    (70 ILCS 1810/12)  (from Ch. 19, par. 163)
17    Sec. 12. The governing and administrative body of the
18District shall be the City Council of the City of Chicago a
19board consisting of 9 members, to be known as the Illinois
20International Port District Board. Members of the Board shall
21be residents of a county whose territory, in whole or in part,
22is embraced by the District and persons of recognized business
23ability. The members of the Board shall receive compensation
24for their services, set by the Board at an amount not to exceed
25an aggregate of $180,000.00 between all members $20,000.00

 

 

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1annually, except the Chairman may receive an additional
2$5,000.00 annually, if approved by the Board. All such
3compensation shall be paid directly from the Port District's
4operating funds. The members shall receive no other
5compensation whatever, whether in form of salary, per diem
6allowance or otherwise, for or in connection with his service
7as a member. The preceding sentence shall not prevent any
8member from receiving any non-salary benefit of the type
9received by employees of the District. Each member shall be
10reimbursed for actual expenses incurred by them in the
11performance of their duties. Any person who is appointed to the
12office of secretary or treasurer of the Board may receive
13compensation for services as such officer, as determined by the
14Board, provided such person is not a member of the Board. No
15member of the Board or employee of the District shall have any
16private financial interest, profit or benefit in any contract,
17work or business of the District nor in the sale or lease of
18any property to or from the District.
19(Source: P.A. 93-250, eff. 7-22-03.)
 
20    (70 ILCS 1810/15)  (from Ch. 19, par. 166)
21    Sec. 15. As soon as possible after the effective date of
22this amendatory Act of the 99th General Assembly appointment of
23the initial members, the Board shall organize for the
24transaction of business, select a chairman and a temporary
25secretary from its own number, and adopt by-laws and

 

 

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1regulations to govern its proceedings. The initial chairman and
2successors shall be elected by the Board from time to time for
3the term of his or her office as a member of the Board or for
4the term of three years, whichever is shorter.
5(Source: Laws 1951, p. 256.)
 
6    (70 ILCS 1810/16)  (from Ch. 19, par. 167)
7    Sec. 16. Regular meetings of the Board shall be held at
8least once in each calendar month, the time and place of such
9meeting to be fixed by the Board. A majority Five members of
10the Board shall constitute a quorum for the transaction of
11business. All action of the Board shall be by ordinance or
12resolution and the affirmative vote of at least a majority of
13the Board five members shall be necessary for the adoption of
14any ordinance or resolution. All such ordinances and
15resolutions before taking effect shall be approved by the
16chairman of the Board, and if he or she shall approve thereof
17he or she shall sign the same, and such as he shall not approve
18he or she shall return to the Board with his or her objections
19thereto in writing at the next regular meeting of the Board
20occurring after the passage thereof. But in the case the
21chairman shall fail to return any ordinance or resolution with
22his objections thereto by the time aforesaid, he or she shall
23be deemed to have approved the same and it shall take effect
24accordingly. Upon the return of any ordinance or resolution by
25the chairman with his or her objections, the vote by which the

 

 

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1same was passed shall be reconsidered by the Board, and if upon
2such reconsideration said ordinance or resolution is passed by
3the affirmative vote of at least two-thirds of the six members,
4it shall go into effect notwithstanding the veto of the
5chairman. All ordinances, resolutions, and all proceedings of
6the District and all documents and records in its possession
7shall be public records, and open to public inspection, except
8such documents and records as shall be kept or prepared by the
9Board for use in negotiations, action, or proceedings to which
10the District is a party.
11(Source: Laws 1957, p. 588.)
 
12    (70 ILCS 1810/17)  (from Ch. 19, par. 168)
13    Sec. 17. The Board shall appoint a secretary and a
14treasurer, who need not be members of the board, to hold office
15during the pleasure of the Board, and fix their duties and
16compensation. Before entering upon the duties of their
17respective offices they shall take and subscribe the
18constitutional oath of office, and the treasurer shall execute
19a bond with corporate sureties to be approved by the Board. The
20bond shall be payable to the District in whatever penal sum may
21be directed by the Board conditioned upon the faithful
22performance of the duties to the office and the payment of all
23money received by him according to law and the orders of the
24Board. The Board may, at any time, require a new bond from the
25treasurer in such penal sum as may then be determined by the

 

 

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1Board. The obligation of the sureties shall not extend to any
2loss sustained by the insolvency, failure or closing of any
3savings and loan association or national or State bank wherein
4the treasurer has deposited funds if the bank or savings and
5loan association has been approved by the Board as a depositary
6for these funds. The oaths of office and the treasurer's bond
7shall be filed in the principal office of the District. The
8secretary and treasurer on the effective date of this
9amendatory Act of the 99th General Assembly shall continue
10until their successors are appointed.
11(Source: P.A. 83-541.)
 
12    (70 ILCS 1810/20)  (from Ch. 19, par. 171)
13    Sec. 20. The Mayor Board may appoint an executive director
14with the advice and consent of the Board, who shall be a person
15of recognized ability and business experience, to hold office
16during the pleasure of the Board. The executive director shall
17have management of the properties and business of the District
18and the employees thereof subject to the general control of the
19Board, shall direct the enforcement of all ordinances,
20resolutions, rules, and regulations of the Board, and shall
21perform such other duties as may be prescribed from time to
22time by the Board. The Board may appoint a general attorney and
23a chief engineer, and shall provide for the appointment of
24other officers, attorneys, engineers, consultants, agents and
25employees as may be necessary. It shall define their duties and

 

 

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1require bonds of such of them as the Board may designate. The
2executive director, general attorney, chief engineer, and all
3other officers provided for pursuant to this section shall be
4exempt from taking and subscribing any oath of office and shall
5not be members of the Board. The compensation of the executive
6director, general attorney, chief engineer, and all other
7officers, attorneys, consultants, agents and employees shall
8be fixed by the Board, subject to the provisions of Section 17
9hereof. The executive director on the effective day of this
10amendatory Act of the 99th General Assembly shall continue
11until his or her successor is appointed and confirmed.
12(Source: P.A. 83-1360.)
 
13    (70 ILCS 1810/28)
14    Sec. 28. Cessation of district organization. When all bonds
15issued by the district are paid off Notwithstanding any other
16provision of law, if a majority vote of the Board is in favor
17of the proposition to annex the district to another district
18whose boundaries are contiguous, or consolidate the district
19into a municipality with which the district is coterminous or
20substantially coterminous, or consolidate the district into
21the county in which the district sits, and if the governing
22authorities of the governmental unit assuming the functions of
23the former district agree by resolution to accept the functions
24(and jurisdiction over the territory, if applicable) of the
25consolidated or annexed district, then the district shall cease

 

 

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1and . On the effective date of the annexation or consolidation,
2all the rights, powers, duties, assets and , property,
3liabilities, indebtedness, obligations, bonding authority,
4taxing authority, and responsibilities of the district shall
5vest in and be assumed by the City of Chicago. The City of
6Chicago may thereafter transfer any or all assets or property
7received under this Section to either the Chicago Park District
8or the Cook County Forest Preserve, or both governmental unit
9assuming the functions of the former district.
10    The employees of the former district shall be transferred
11to the governmental unit assuming the functions of the former
12district. The governmental unit assuming the functions of the
13former district shall exercise the rights and responsibilities
14of the former district with respect to those employees. The
15status and rights of the employees of the former district under
16any applicable contracts or collective bargaining agreements,
17historical representation rights under the Illinois Public
18Labor Relations Act, or under any pension, retirement, or
19annuity plan shall not be affected by this amendatory Act.
20(Source: P.A. 98-1002, eff. 8-18-14.)
 
21    (70 ILCS 1810/29 new)
22    Sec. 29. Home rule. A home rule unit may not regulate in a
23manner inconsistent with this Act. This Act is a limitation
24under subsection (i) of Section 6 of Article VII of the
25Illinois Constitution on the concurrent exercise by home rule

 

 

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1units of powers and functions exercised by the State.
 
2    (70 ILCS 1810/13 rep.)
3    (70 ILCS 1810/14 rep.)
4    Section 10. The Illinois International Port District Act is
5amended by repealing Sections 13 and 14.