70 ILCS 1855/ Southwest Regional Port District Act.
(70 ILCS 1855/1) (from Ch. 19, par. 451) Sec. 1. This Act shall be known and may be cited as the "Southwest Regional Port District Act". (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2) (from Ch. 19, par. 452) Sec. 2. When used in this Act, unless the context otherwise requires, the terms set out in Sections 2.1 through 2.21 shall have the meaning ascribed to them in those Sections. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.1) (from Ch. 19, par. 452.1) Sec. 2.1. "District" or "Port District" means the Southwest Regional Port District created by this Act. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.2) (from Ch. 19, par. 452.2) Sec. 2.2. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.3) (from Ch. 19, par. 452.3) Sec. 2.3. "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 or commercial activities for the accommodation of or in connection with commerce by water or land or in the air or useful as an aid, or constituting an advantage or convenience to, the safe landing, taking off and navigation of aircraft, or the safe and efficient operation or maintenance of a public airport; except that nothing in this definition 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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.4) (from Ch. 19, par. 452.4) 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 water commerce and includes the widening and deepening of slips, harbors and navigable waters. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.5) (from Ch. 19, par. 452.5) Sec. 2.5. "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.6) (from Ch. 19, par. 452.6) Sec. 2.6. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.7) (from Ch. 19, par. 452.7) Sec. 2.7. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.8) (from Ch. 19, par. 452.8) Sec. 2.8. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.9) (from Ch. 19, par. 452.9) Sec. 2.9. "Commercial aircraft" means any aircraft other than public aircraft engaged in the business of transporting persons or property. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.10) (from Ch. 19, par. 452.10) Sec. 2.10. "Private aircraft" means any aircraft other than public and commercial aircraft. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.11) (from Ch. 19, par. 452.11) Sec. 2.11. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.12) (from Ch. 19, par. 452.12) Sec. 2.12. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.13) (from Ch. 19, par. 452.13) Sec. 2.13. "Public interest" means the protection, furtherance and advancement of the general welfare and of public health and safety and public necessity and convenience in respect to aeronautics. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.14) (from Ch. 19, par. 452.14) Sec. 2.14. "Navigable waters" means any public waters which are or can be made usable for water commerce. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.15) (from Ch. 19, par. 452.15) Sec. 2.15. "Governmental agency" means the federal, State and any local governmental body, and any agency or instrumentality, corporate or otherwise, thereof. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.16) (from Ch. 19, par. 452.16) Sec. 2.16. "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: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.17) (from Ch. 19, par. 452.17) Sec. 2.17. "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. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.18) (from Ch. 19, par. 452.18) Sec. 2.18. "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 ports, harbors, airports, airfields, terminals, port facilities, terminal facilities, aquariums, museums, planetariums, climatrons or any other building or facility of the District. (Source: Laws 1967, p. 2800.) |
(70 ILCS 1855/2.19) (from Ch. 19, par. 452.19) Sec. 2.19. "Board" means the Southwest Port District Board. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.20) (from Ch. 19, par. 452.20) Sec. 2.20. "Governor" means the Governor of the State of Illinois. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/2.21) (from Ch. 19, par. 452.21) Sec. 2.21. "City" means any city, village, incorporated town or civil township located within the District. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/3) (from Ch. 19, par. 453) Sec. 3. There is created a political subdivision, body politic and municipal corporation by the name of Southwest Regional Port District which shall embrace, include and consist of all of the incorporated and unincorporated territory of the following civil townships in St. Clair County: Canteen, Centreville, East St. Louis, Stites, and Sugar Loaf. 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 of the property or assets of the District. The District may adopt a common seal and change the same at its pleasure. All property of every kind belonging to the District shall be exempt from taxation, provided that taxes may be assessed and levied upon a lessee of the District by reason of the value of a leasehold estate separate and apart from the fee and upon such improvements as are constructed and owned by others than the District. All property of the District shall be construed as constituting public property owned by a municipal corporation and used exclusively for public purposes within the provisions of Section 15‑155 of the Property Tax Code. (Source: P.A. 88‑670, eff. 12‑2‑94.) |
(70 ILCS 1855/3.1) (from Ch. 19, par. 453.1) Sec. 3.1. It is declared that the main purpose of this Act is to promote industrial, commercial, transportation and recreational activities and facilities, thereby reducing the evils attendant upon unemployment and thereby enhancing the public health, safety, morals and general welfare of this State. (Source: Laws 1963, p. 2938.) |
(70 ILCS 1855/4) (from Ch. 19, par. 454) 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 said 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 said 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 vessel 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, operate and maintain terminals, terminal facilities and port facilities, and to fix and collect just, reasonable, and nondiscriminatory charges for the use of such facilities. The charges so collected shall be used 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. Subject to any applicable condition imposed by Section 4.1 of this Act, to locate, establish and maintain a public airport, public airports and public airport facilities within its corporate limits or within or upon any body of water adjacent thereto, and to construct, develop, expand, extend and improve any such airport or airport facility; 7. To operate, maintain, manage, lease, sublease, and to make and enter into contracts for the use, operation or management of, and to provide rules and regulations for, the operation, management or use of, any public airport or public airport facility; 8. 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; 9. To establish, maintain, extend and improve roadways and approaches by land, water or air to any such airport and to contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or relocation of all private structures, railways, mains, pipes, conduits, wires, poles, and all other facilities and equipment which may interfere with the location, expansion, development, or improvement of airports or with the safe approach thereto or takeoff therefrom by aircraft, and to pay the cost of removal or relocation; and, subject to the "Airport Zoning Act", 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 two miles beyond its corporate limits; 10. 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; 11. 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; 12. 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; 13. 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 provisions of this Section may provide for a suspension or revocation of any rights or privileges within the control of the District for a violation of any such regulatory ordinance. Nothing in this Section or in other provisions of this Act shall be construed to authorize the Board to establish or enforce any regulation or rule in respect to aviation, or the operation or maintenance of any airport facility within its jurisdiction, which is in conflict with any federal or state law or regulation applicable to the same subject matter; 14. 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; 15. To enter into contracts dealing in any manner with the objects and purposes of this Act; 16. 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; 17. To designate the fiscal year for the District; 18. To engage in any activity or operation which is incidental to and in furtherance of efficient operation to accomplish the District's primary purpose. (Source: Laws 1961, p. 2993.) |
(70 ILCS 1855/4.2) (from Ch. 19, par. 454.2) Sec. 4.2. The District may 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; and may permit the directors or trustees of any corporation or society organized for the erection, construction, maintenance and operation of an aquarium, museum, planetarium, climatron 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. The District may contract with any such directors or trustees relative to such acquisition, erection, construction, maintenance and operation. The District may charge, or may 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. (Source: Laws 1963, p. 2936.) |
(70 ILCS 1855/4.3) (from Ch. 19, par. 454.3) Sec. 4.3. The District shall have the rights and powers enumerated in Division 74 of Article 11 of the "Illinois Municipal Code", approved May 29, 1961, as heretofore and hereafter amended, in the same manner and form as though the District were a "municipality" as defined in Section 11‑74‑2 thereof. (Source: Laws 1963, p. 2937.) |
(70 ILCS 1855/4.4) (from Ch. 19, par. 454.4) Sec. 4.4. The District may acquire, erect, construct, reconstruct, improve, maintain and operate one or more, or a combination or combinations of, industrial buildings, office 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. (Source: Laws 1963, p. 2936.) |
(70 ILCS 1855/4.5) (from Ch. 19, par. 454.5) Sec. 4.5. 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 1855/5.1) (from Ch. 19, par. 455.1) Sec. 5.1. The District is authorized and empowered to establish, organize, own, acquire, participate in, operate, sell and transfer Export Trading Companies, whether as shareholder, partner, or co‑venturer, alone or in cooperation with federal, state or local governmental authorities, federal, state or national banking associations, or any other public or private corporation or person or persons. 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 general obligation and revenue bonds with the same kinds of security, and in accordance with the same procedures, restrictions and privileges applicable when the District obtains financial assistance or issues bonds for any of its other authorized purposes. Such Export Trading Companies are authorized, if necessary or desirable, to apply for certification under Title II or Title III of the Export Trading Company Act of 1982. (Source: P.A. 84‑993.) |
(70 ILCS 1855/6) (from Ch. 19, par. 456) Sec. 6. The District has power to apply for and accept grants, loans, or appropriations from the Federal Government or any agency or instrumentality thereof to be used for any of the purposes of the District and to enter into any agreements with the Federal Government in relation to such grants, loans or appropriations. The District may petition any federal, state, municipal, or local authority, administrative, judicial and legislative, having jurisdiction in the premises, for the adoption and execution of any phys
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