SB 499 — AMERICA'S CENTRAL PORT DIST

SB0499 EngrossedEnrolled LRB098 04744 OMW 34772 b AN ACT concerning local government.

"Terminal" means a public place, station or depot for receiving and delivering baggage, mail, freight or express SB0499 EngrossedEnrolled - 2 - LRB098 04744 OMW 34772 b 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.

"Airport" means any locality, either land or water, which SB0499 EngrossedEnrolled - 3 - LRB098 04744 OMW 34772 b 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.

"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 SB0499 EngrossedEnrolled - 4 - LRB098 04744 OMW 34772 b for aeronautical purposes.

SB0499 EngrossedEnrolled - 5 - LRB098 04744 OMW 34772 b "Governor" means the Governor of the State of Illinois.

SB0499 EngrossedEnrolled - 6 - LRB098 04744 OMW 34772 b 1.

To acquire, own, construct, lease for any period not SB0499 EngrossedEnrolled - 7 - LRB098 04744 OMW 34772 b 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;

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, SB0499 EngrossedEnrolled - 8 - LRB098 04744 OMW 34772 b 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.

SB0499 EngrossedEnrolled - 9 - LRB098 04744 OMW 34772 b 10.

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 SB0499 EngrossedEnrolled - 10 - LRB098 04744 OMW 34772 b miles beyond its corporate limits;

SB0499 EngrossedEnrolled - 11 - LRB098 04744 OMW 34772 b 17.

To enter into contracts dealing in any manner with the SB0499 EngrossedEnrolled - 12 - LRB098 04744 OMW 34772 b objects and purposes of this Act;

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 SB0499 EngrossedEnrolled - 13 - LRB098 04744 OMW 34772 b development, redevelopment, and expansion of any former military base owned or leased by the District and located within its jurisdictional boundaries;

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 SB0499 EngrossedEnrolled - 14 - LRB098 04744 OMW 34772 b 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;

and to contract with any such directors or trustees relative to such acquisition, erection, construction, SB0499 EngrossedEnrolled - 15 - LRB098 04744 OMW 34772 b 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;

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, SB0499 EngrossedEnrolled - 16 - LRB098 04744 OMW 34772 b restrictions and privileges applicable when the District obtains financial assistance or issues bonds for any of its other authorized purposes.

The District's SB0499 EngrossedEnrolled - 17 - LRB098 04744 OMW 34772 b 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.

The District may, pursuant to ordinance adopted by the Board and without submitting the question to referendum, from SB0499 EngrossedEnrolled - 18 - LRB098 04744 OMW 34772 b 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 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 SB0499 EngrossedEnrolled - 19 - LRB098 04744 OMW 34772 b sufficient to pay the maturing principal and interest of these bonds.

The Board shall certify the order and the question to the proper election officials, who shall submit the question to SB0499 EngrossedEnrolled - 20 - LRB098 04744 OMW 34772 b the voters at an election in accordance with the general election law.

All members of the Board shall be SB0499 EngrossedEnrolled - 21 - LRB098 04744 OMW 34772 b residents of the District and shall be known as Commissioners of the America's Central Tri-City Regional Port District Board.

1-1-03.) SB0499 EngrossedEnrolled - 22 - LRB098 04744 OMW 34772 b (70 ILCS 1860/16) (from Ch.

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 SB0499 EngrossedEnrolled - 23 - LRB098 04744 OMW 34772 b 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.

After the expiration of initial terms, each successor shall SB0499 EngrossedEnrolled - 24 - LRB098 04744 OMW 34772 b hold office for the term of 3 years from the first day of June of the year in which the term of office commences.

SB0499 EngrossedEnrolled - 25 - LRB098 04744 OMW 34772 b (Source:

All ordinances, resolutions and all proceedings of the District and SB0499 EngrossedEnrolled - 26 - LRB098 04744 OMW 34772 b 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.

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 SB0499 EngrossedEnrolled - 27 - LRB098 04744 OMW 34772 b 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.

If the court finds that the petition does not comply with the requirements of the law, the court shall dismiss the SB0499 EngrossedEnrolled - 28 - LRB098 04744 OMW 34772 b petition;

SB0499 EngrossedEnrolled - 29 - LRB098 04744 OMW 34772 b 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.

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 SB0499 EngrossedEnrolled - 30 - LRB098 04744 OMW 34772 b 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.