70 ILCS 1815/ Illinois Valley Regional Port District Act.
(70 ILCS 1815/1) (from Ch. 19, par. 801) Sec. 1. This Act shall be known and may be cited as the "Illinois Valley Regional Port District Act". (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2) (from Ch. 19, par. 802) Sec. 2. As used in this Act, unless the context requires otherwise, the terms defined in Sections 2.1 through 2.9 shall have the meaning ascribed to them in those Sections. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.1) (from Ch. 19, par. 802.1) Sec. 2.1. "Port District" or "District" means the Illinois Valley Regional Port District created by this Act. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.2) (from Ch. 19, par. 802.2) Sec. 2.2. "Terminal" means a public place, station or depot for receiving and delivering baggage, mail, freight, express matter or raw materials and for any combination of such purposes, in connection with transportation by water or air of persons and property. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.3) (from Ch. 19, par. 802.3) Sec. 2.3. "Terminal facilities" means all lands, buildings, structures, improvements, equipment, appliances, conveyances, and other methods of transportation useful in the operation of public warehouse, storage and transportation facilities for air and water commerce. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.4) (from Ch. 19, par. 802.4) Sec. 2.4. "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 air and water commerce; and includes the widening and deepening of slips, anchorage, harbors and navigable waters, and the construction of any airport facilities. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.5) (from Ch. 19, par. 802.5) Sec. 2.5. "Navigable waters" means any public waters which are or can be made usable for water commerce. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.6) (from Ch. 19, par. 802.6) Sec. 2.6. "Governmental agency" means the Federal, State and any local governmental body, and any agency or instrumentality, corporate or otherwise, thereof. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.7) (from Ch. 19, par. 802.7) Sec. 2.7. "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. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/2.8) (from Ch. 19, par. 802.8) Sec. 2.8. "Board" means Illinois Valley Regional Port District Board. (Source: P.A. 77‑1799.) |
(70 ILCS 1815/2.9) (from Ch. 19, par. 802.9) Sec. 2.9. "Governor" means the Governor of the State of Illinois. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/3) (from Ch. 19, par. 803) Sec. 3. There is created a political subdivision body politic and municipal corporation, named "Illinois Valley Regional Port District" embracing all of Putnam County and the townships of LaSalle, Peru, Utica, Eden and Dimmick in LaSalle County and Hall, Selby and Leppertown townships in Bureau County. The Port District may sue and be sued in its corporate name but execution shall not in any case issue against any property owned by the Port District. It may adopt a common seal and change the same at pleasure. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/3.1) (from Ch. 19, par. 803.1) Sec. 3.1. If a petition is filed with the State Board of Elections, signed by not less than 5% of the registered voters of the district, requesting the submission to a referendum of the question "Shall .... township be disconnected from the Illinois Valley Regional Port District?", the State Board of Elections shall certify the question to the election authorities in the district who shall submit the question to the voters of the district at the next regular election held at least 78 days after the petition is filed. The petition shall be circulated in the manner required by Section 28‑3 of The Election Code, objections thereto and the manner of their disposition shall be in accordance with Section 28‑4 of The Election Code, and notice of the election shall be given in the manner provided in Article 12 of The Election Code. The Board shall cause the results of the referendum to be entered upon the records of the port district. If a majority of the vote on the proposition is in favor thereof, the Board shall declare the township to be disconnected from the district. (Source: P.A. 82‑565.) |
(70 ILCS 1815/4) (from Ch. 19, par. 804) Sec. 4. All property of every kind owned by the Port District shall be exempt from taxation, provided that a tax may be levied upon a lessee of the Port District by reason of the value of a leasehold estate separate and apart from the fee simple title, or upon such improvements as are constructed and owned by others than the Port District. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/5) (from Ch. 19, par. 805) Sec. 5. All property of the Port District shall be public grounds owned by a municipal corporation and used exclusively for public purposes within the tax exemption provisions of Sections 15‑10, 15‑15, 15‑20, 15‑30, 15‑75, 15‑140, 15‑155, and 15‑160 of the Property Tax Code. (Source: P.A. 88‑670, eff. 12‑2‑94.) |
(70 ILCS 1815/6) (from Ch. 19, par. 806) Sec. 6. The Port District has the functions, powers and duties set out in Sections 6.1 through 6.11. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.1) (from Ch. 19, par. 806.1) Sec. 6.1. To study the existing harbor and airport facilities within the area of the Port District and to recommend to an appropriate governmental agency, including the General Assembly, such changes and modifications as may from time to time be required for continuing development therein and to meet changing business and commercial needs. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.2) (from Ch. 19, par. 806.2) Sec. 6.2. To make an investigation of conditions within the Port District and to prepare and adopt a comprehensive plan for the development of port facilities for the Port District. In preparing and recommending changes and modifications in existing harbor and airport facilities, or a comprehensive plan for the development of such port facilities, as above provided, the Port District if it deems desirable may set aside and allocate an area or areas, within the lands owned by it, to be leased to private parties for industrial, manufacturing, commercial, or harbor purposes, where such area or areas in the opinion of the Board, are not required for primary purposes in the development of harbor and port facilities for the use of public water, land, and air transportation, or will not be needed immediately for such purposes, and where such leasing in the opinion of the Board will aid and promote the development of terminal and port facilities. (Source: P.A. 77‑1799.) |
(70 ILCS 1815/6.3) (from Ch. 19, par. 806.3) Sec. 6.3. To study and make recommendations to the proper authority for the improvement of terminal, lighterage, wharfage, warehousing, anchorage, transfer, and landing, and other facilities necessary for the promotion of commerce and the interchange of traffic within, to and from the Port District. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.4) (from Ch. 19, par. 806.4) Sec. 6.4. To study, prepare and recommend by specific proposals to the General Assembly changes in the jurisdiction of the Port District. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.5) (from Ch. 19, par. 806.5) Sec. 6.5. To 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, system of handling air traffic, freight, warehousing, docking, lightering, and transfer of freight, which in the opinion of the Board are 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. 77‑1799.) |
(70 ILCS 1815/6.6) (from Ch. 19, par. 806.6) Sec. 6.6. 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. (Source: P.A. 77‑1799.) |
(70 ILCS 1815/6.7) (from Ch. 19, par. 806.7) Sec. 6.7. To prevent and remove obstructions, including the removal of wrecks. (Source: P.A. 77‑1799.) |
(70 ILCS 1815/6.8) (from Ch. 19, par. 806.8) Sec. 6.8. To locate and establish dock lines, anchorage and shore or harbor lines. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.9) (from Ch. 19, par. 806.9) Sec. 6.9. Beyond the limits or jurisdiction of any municipality, to regulate the anchorage, moorage and speed of vessels and to establish and enforce regulations for the operation of bridges. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.10) (from Ch. 19, par. 806.10) Sec. 6.10. To acquire, own, construct, lease and maintain airport and water terminal facilities and transportation facilities within the Port District, and, subject to the provisions of Section 7 of this Act, to operate or contract for the operation of such facilities, and to fix and collect just, reasonable and nondiscriminatory charges or rentals for the use of such facilities. The charges or rentals so collected shall be deposited in the treasury of the Port District, and be used to defray the reasonable expenses of the Port District, and to pay the principal and interest upon any revenue bonds issued by the Port District. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.10a) (from Ch. 19, par. 806.10a) Sec. 6.10a. To apply to proper federal authorities in order to establish, operate, maintain or lease a foreign trade zone; and to enter into contracts, receive grants, and perform such other duties which are necessary and proper for the operation of a foreign trade zone. (Source: P.A. 83‑440.) |
(70 ILCS 1815/6.10b) (from Ch. 19, par. 806.10b) Sec. 6.10b. To establish, organize, own, acquire, participate in, operate, sell and transfer Export Trading Companies, whether as shareholder, partner, or co‑venturer, alone or in cooperation with federal, state or local governmental authorities, federal, state or national banking associations, or any other public or private corporation or person or persons. The term "Export Trading Companies" means a person, partnership, association, public or private corporation or similar organization, whether operated for profit or not for profit, which is organized and operated principally for purposes of exporting goods or services produced in the United States, importing goods or services produced in foreign countries, conducting third‑country trading or facilitating such trade by providing one or more services in support of such trade. Such Export Trading Companies and all of the property thereof, wholly or partly owned, directly or indirectly, by the District, shall have the same privileges and immunities as accorded to the District; and Export Trading Companies may borrow money or obtain financial assistance from private lenders or federal and state governmental authorities or issue bonds with the same kinds of security, and in accordance with the same procedures, restrictions and privileges applicable when the District obtains financial assistance or issues bonds for any of its other authorized purposes. Such Export Trading Companies are authorized, if necessary or desirable, to apply for certification under Title II or Title III of the Export Trading Company Act of 1982. (Source: P.A. 84‑993.) |
(70 ILCS 1815/6.11) (from Ch. 19, par. 806.11) Sec. 6.11. To enter into contracts dealing in any manner with the objects and purposes of this Act. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/6.12) (from Ch. 19, par. 806.12) Sec. 6.12. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty‑fourth General Assembly. (Source: P.A. 84‑731.) |
(70 ILCS 1815/7) (from Ch. 19, par. 807) Sec. 7. Any public warehouse or other public storage or transportation facility owned or otherwise controlled by the Port District shall be operated by persons under contracts with the Port District. Any such contract shall reserve reasonable rentals or other charges payable to the Port District sufficient to pay the cost of maintaining, repairing, regulating and operating the facilities and to pay principal and interest upon any revenue bonds issued by the Port District and may contain such other conditions as may be mutually agreed upon. Upon the breach of any contract or if no contract is in existence as to any such facility, the District temporarily shall operate such facility until a contract for its operation can be negotiated. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/8) (from Ch. 19, par. 808) Sec. 8. All leases or other contracts for operation of any public warehouse or public grain elevator or transportation facilities owned or otherwise controlled by the Port District shall be governed by the following procedure: Notice shall be given by the Port District that bids will be received for the operation of such public warehouse or public grain elevator or transportation facilities. This notice shall state the time within which and the place where bids may be submitted, the time and place of opening bids, and shall be published not more than 30 days nor less than 15 days in advance of the first day for the submission of bids in one or more newspapers designated by the Port District which have a general circulation within the Port District; this notice shall include sufficient data for the proposed operation to enable bidders to understand the scope and nature of the operation; provided that contracts which by their nature are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of personal skill, contracts for the purchase or binding of magazines, books, periodicals, pamphlets, reports and similar articles, and contracts for utility services such as water, light, heat, telephone or telegraph, shall not be subject to the competitive bidding requirements of this Section. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/9) (from Ch. 19, par. 809) Sec. 9. The Board by ordinance, may promulgate reasonable regulations prescribing qualifications of the bidders as to experience, adequacy of equipment, ability to complete performance within the time set, and other factors in addition to financial responsibility, and may by ordinance provide for suitable performance guaranties to qualify a bid. Copies of all such regulations shall be made available to all bidders. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/10) (from Ch. 19, par. 810) Sec. 10. The Port District shall determine in advance the minimum income that should be produced by the public warehouse or public grain elevator or transportation facilities offered, and if no qualified bid will produce such minimum income, all bids may be rejected and the District shall then readvertise for bids. If after such readvertisement no responsible and satisfactory bid within the terms of the advertisement is received, the Port District may then negotiate a lease for not less than the amount of minimum income so determined. If, after negotiating for a lease as herein provided, it is found necessary to revise the minimum income to be produced by the facilities offered for lease, then the Port District shall again readvertise for bids, as herein provided, before negotiating a lease. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/11) (from Ch. 19, par. 811) Sec. 11. If the Port District temporarily operates any public warehouse or public grain elevator or transportation facilities as in this Act provided, such temporary operation shall not continue for more than 60 days without advertising for bids for the operation by contract of such facility as herein provided. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/12) (from Ch. 19, par. 812) Sec. 12. Unless and until revenues from operations conducted by the Port District are adequate to meet all expenditures or unless and until otherwise determined by act of the General Assembly, the Port District shall not incur any obligations for salaries, office or administrative expenses prior to the making of appropriations to meet such expenses. (Source: P. A. 77‑1799.) |
(70 ILCS 1815/14) (from Ch. 19, par. 814) Sec. 14. The Port District may lease to others for any period of time not to exceed 99 years, upon such terms as the Board may determine, any of its real property, rights of way or privileges, or any interest therein, or any part thereof, suitable for industrial, manufacturing, commercial or harbor purposes which, in the opinion of the Board, is no longer required for its primary purposes in the development of port and harbor facilities for the use of public transportation, or which may not be needed immediately for such purposes. But where such leases in the opinion of the Board will aid and promote such purposes in conjunction with such leases, the Port District may grant rights of way and privileges across property of the Port District. Such rights of way and privileges may be assignable and irrevocable during the term of any lease and may include the right to enter upon the property of the Port District to do such things as may be necessary for the enjoyment of leases, rights of way and privileges. Such leases may contain such conditions and retain such interest therein as the Board deems for the best interest of the Port District. (Source: P. A. 77‑1799.) |