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Public Act 098-0854


 

Public Act 0854 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0854
 
SB0499 EnrolledLRB098 04744 OMW 34772 b

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

Effective Date: 1/1/2015