2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1832/ - Mid-America Intermodal Authority Port District Act.

(70 ILCS 1832/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Mid-America Intermodal Authority Port District Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/5)
Sec. 5. 
		Definitions. 
		In this Act:
"Airport" means any locality, either land or water, that 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.
"Board" means Mid-America Intermodal Authority
Port District Board.
"District" means the Mid-America Intermodal Authority
Port District created by this Act.
"Governmental agency" means the United States, the State of Illinois, any
local
governmental body, and any agency or instrumentality, corporate or
otherwise, thereof.
"Governor" means the Governor of the State of Illinois.
"Intermodal" means a type of international freight system that permits
transshipping among sea, highway, rail, and air modes of transportation through
use of ANSI/International Organization for Standardization containers, line
haul
assets, and handling equipment.
"Navigable waters" mean any public waters that are or can be made
usable for water commerce.
"Person" means any individual, firm, partnership, trust, corporation,
both domestic and foreign, company, association, or joint stock association
and includes any trustee, receiver, assignee, or personal representative
thereof.
"Port facilities" mean all public and other buildings, structures,
works, improvements, and equipment, except terminal facilities as defined
in this Section, that are upon, in, over, under, adjacent, or near to
navigable
waters, harbors, slips, and basins and that are necessary or useful for or
incident to the furtherance of water and land commerce and the operation of
small boats and pleasure craft.  "Port facilities" includes the widening and
deepening of
basins, slips, harbors, and navigable waters.   "Port facilities" also mean
all lands, buildings, structures, improvements, equipment, and appliances
located on district property that are used for industrial, manufacturing,
commercial, or recreational purposes.
"Terminal" means a public place, station, depot, or area for receiving
and delivering articles, commodities, baggage, mail, freight, or express
matter and for any combination of those purposes in connection
with the
transportation and movement by water and land of persons and property.
"Terminal facilities" mean all lands, buildings, structures,
improvements, equipment, and appliances useful in the operation of public
warehouse, storage, and transportation facilities for water and land
commerce and for handling, docking, storing, and servicing small boats and
pleasure craft.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/10)
Sec. 10. 
		Mid-America Intermodal Authority Port District created. 
		There
is created a political subdivision, body politic, and
municipal corporation by the name of the Mid-America Intermodal Authority
Port District
embracing all the area within the corporate limits of Adams, Brown, Cass,
Hancock, Pike,
Schuyler, Henderson, Warren, Morgan, Mercer, and Scott Counties.  Territory
may be
annexed to the district in the
manner 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: P.A. 90-636, eff. 7-24-98; 91-566, eff. 8-14-99.)
(70 ILCS 1832/15)
Sec. 15. 
		Property of district; exemption. 
		All property of every kind
belonging to the Mid-America Intermodal
Authority
Port District shall be exempt from taxation, provided that a tax may be levied
upon a lessee of the district by reason of the value of a leasehold estate
separate and apart from the fee or upon any improvements that are constructed
and owned by others than the district.
All property of the Mid-America Intermodal Authority Port District shall be
construed
as constituting 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. 90-636, eff. 7-24-98.)
(70 ILCS 1832/20)
Sec. 20. 
		Duties. 
		It shall be the duty of the port district:
(a) To study the existing harbor plans within the area of the district
and to recommend to the appropriate governmental agency, including the General
Assembly of Illinois, any changes and modifications that may from time to time
be required by continuing development and to meet changing business
and commercial needs;
(b) To make an investigation of conditions within the area of the
district and to prepare and adopt a comprehensive plan for the
development of port facilities and intermodal facilities for the
district. In
preparing and recommending changes and modifications in existing harbor
plans or a comprehensive plan for the development of port
facilities and intermodal facilities, the district may, if it deems desirable,
set aside and allocate an area or areas within the lands held by it
to be used and operated by the district or leased to private
parties for industrial, manufacturing, commercial, recreational, or harbor
purposes, where the area or areas are not, in the opinion of the district,
required for its primary purposes in the development of harbor, port, and
intermodal facilities for the use of public water and land transportation, or
will not be
immediately needed for those purposes, and where the use and
operation or leasing will in the opinion of the district aid and promote the
development of terminal, port, and intermodal facilities;
(c) To study and make recommendations to the proper authority for
the improvement of terminal, lighterage, wharfage, warehousing, transfer,
and other facilities necessary for the promotion of commerce and the
interchange of traffic within, to, and from the district;
(d) To study, prepare, and recommend by specific proposals to the
General Assembly changes in the jurisdiction of the
district;
(e) To petition any federal, State, municipal, or local authority,
administrative, judicial, and legislative, having jurisdiction in the
district for the adoption and execution of any physical improvement,
change in method, system of handling freight, warehousing, docking,
lightering, and transfer of freight that, in the opinion of the
district, may be designed to improve or better the handling of commerce
in and through the district or improve terminal or transportation
facilities within the district;
(f) To foster, stimulate, and promote the shipment of cargoes and
commerce through ports, whether originating within or without the
State of Illinois;
(g) To acquire, construct, own, lease, and develop terminals, wharf
facilities, piers, docks, warehouses, bulk terminals, grain elevators,
tug boats, and other harbor crafts, and any other port facility or
port-related facility or service that it finds necessary and convenient;
(h) To perform any other act or function that may tend to or be
useful toward development and improvement of harbors, sea ports, and
port-related facilities and services  and to increase foreign and
domestic commerce through the harbors and ports within the port district; and
(i) To study and make recommendations for river resources management and
environmental education within the district, including but not limited to,
wetlands banks, mitigation areas, water retention and
sedimentation areas, fish hatcheries, or wildlife sanctuaries, natural habitat,
and native plant research.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/25)
Sec. 25. 
		Changes in harbor plans. 
		Any changes and modifications in
harbor plans within the
area of the port district from time to time recommended by the district
or any comprehensive plan for the development of the port facilities
adopted by the district, under the authority granted by this Act,
shall be submitted to the Department of Natural Resources
for approval and approval by the Department shall
be conclusive evidence, for all purposes, that these changes and
modifications conform to the provisions of this Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/30)
Sec. 30. 
		Rights and powers. 
		The port district shall have the following
rights and powers:
(a) 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 district; for the deposit of rock,
earth, sand, or other material; or for any matter of any kind or description
in those waters;
(b) To prevent or remove obstructions, including the removal of
wrecks;
(c) To locate and establish dock lines and shore or harbor lines;
(d) To acquire, own, construct, sell, lease, operate, and maintain port
and harbor, water, and land terminal facilities and, subject to the provisions
of Section 35, to operate or contract for the operation of those facilities,
and to fix and collect just, reasonable, and
non-discriminatory charges, rentals, or fees for the use of those
facilities. The charges, rentals, or fees so collected shall be made
available to defray the reasonable expenses of the district and to
pay the principal of and interest on any revenue bonds issued by the
district;
(e) To enter into any agreement or contract with any airport for the use
of airport facilities to the extent necessary to carry out any of the purposes
of the district;
(f) To the extent authorized by the Intergovernmental Cooperation Act,
to enter into any agreements with any other public agency of this State;
(g) To the extent authorized by any interstate compact, to enter into
agreements with any other state or unit of local government of any other
state; and
(h) To enter into contracts dealing in any manner with the objects
and purposes of this Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/35)
Sec. 35. 
		Contracts for operation of warehouses and storage facilities. 
		
Any public warehouse or other public storage facility owned or
otherwise controlled by the district shall be operated by persons under
contracts with the district. Any contract shall reserve reasonable
rentals or other charges payable to the district sufficient to pay the cost
of maintaining, repairing, regulating, and operating the facilities and to
pay the principal of and interest on any revenue bonds issued by the district
and may contain any other conditions that may be mutually agreed upon.
However, upon the breach of a contract or if no contract is in
existence as to any facility, the district shall temporarily operate
the facility until a contract for its operation can be negotiated.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/40)
Sec. 40. 
		
		Procedure for leases or contracts for operation of warehouses and
storage facilities.  All leases or other contracts for operation of any public
warehouse or public grain elevator to which this Section is applicable
owned or otherwise controlled by the district
shall be governed by the following procedures.  Notice
shall be given by the district that bids will be received for the operation
of the public warehouse or public grain elevator. This notice shall state
the time within which and the place where bids may be submitted, the time
and place of opening of 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 any one or more newspapers designated by the district that have a
general circulation within the district. The notice shall specify
sufficient data of the proposed operation to enable bidders to understand
the scope of the operation; provided, however, that contracts that 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.
The Board may, by ordinance, promulgate reasonable regulations
prescribing the 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
regulations shall be made available to all bidders.
The district may determine in advance the minimum rental that should be
produced by the public warehouse or public grain elevator offered and, if
no qualified bid will produce the minimum rental, all bids may be rejected
and the district shall then readvertise for bids. If after the
readvertisement no responsible and satisfactory bid within the terms of the
advertisement is received, the district may then negotiate a lease for not
less than the amount of minimum rental so determined. If, after negotiating
for a lease as provided in this Section, it is found necessary to revise the
minimum
rental to be produced by the facilities offered for lease, then the
district shall again readvertise for bids, as provided in this Section,
before
negotiating a lease.
If the district shall temporarily operate any public warehouse or public
grain elevator as provided in Section 35, the temporary operation shall
not
continue for more than one year without advertising for bids for the
operation of the facility as provided in this Section.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/45)
Sec. 45. 
		
		Obligations for expenses not to be incurred until appropriations
made.  Unless and until the revenues from operations conducted by the
district are adequate to meet all expenditures or unless and until
otherwise determined by an act of the General Assembly, the district
shall not incur any obligations for salaries, office, or administrative
expenses before the making of appropriations to meet those expenses.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/50)
Sec. 50. 
		Acquisition of property.
(a) The district shall have power to
acquire and accept by
purchase, lease, gift, grant, or otherwise any and all real property,
whether a fee simple absolute or a lesser estate, and personal property
either within or without its corporate limits or any right that
may be useful for its purposes and to provide for the development of
adequate channels, ports, harbors, terminals, port facilities,
terminal facilities, and intermodal facilities adequate to serve the needs of
commerce within the
district.  The district shall have the right to grant easements and
permits for the use of any real property, rights of way, or
privileges that, in the opinion of the Board, will not interfere with the
use of the district's property by the district for its primary purposes and the
easements
and permits may contain any conditions and retain any interest therein
that may be deemed for the best interest of the district by the Board.
(b) Any property or facility shall be leased or operated, if
at all, only by 2 or more unrelated contracting parties in parcels
that are as nearly equal in all respects as practicable unless the
Board determines that it is in the best interest of the district to
lease the property or facility to a single contracting party.
The district, subject to the public bid requirements prescribed
in Section 40 with respect to public warehouses or public grain
elevators, may lease to others for any period of time not to exceed 99
years upon any terms that the Board may determine any of its real
property, rights of way, or privileges, any interest therein, or any part
thereof for industrial, manufacturing, commercial, recreational, or harbor
purposes, that is in the opinion of the Board no longer
required for its primary purposes in the development of port, harbor,
and intermodal facilities or that may
not be
immediately needed for those purposes.  Where the leases will in the
opinion of the Board aid and promote those purposes, and in
conjunction with those leases, the district may grant rights of way and
privileges across the property of the district, which 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
district to do any things that may be necessary for the enjoyment of the
leases, rights of way, and privileges and the leases may contain any
conditions and retain any interest that may be deemed for the
best interest of the district by the Board.
With respect to any and all leases, easements, rights of way,
privileges, and permits made or granted by the Board, the Board may agree
upon and collect the rentals, charges, and fees that may be deemed for
the best interest of the district by the Board.  The rentals, charges, and fees
shall be
used to defray the reasonable expenses of the district and to pay the
principal of and interest on any revenue bonds issued by the district.
(c) The district may dedicate to the public for highway purposes
any of its real property and those dedications may be subject to any
conditions and the retention of any interest that may be deemed
for the best interest of the district by the Board.
(d) The district may sell, convey, or operate any of its
buildings, structures, or other improvements located upon district property
that
may be deemed in the best interest of the district by the Board.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/55)
Sec. 55. 
		Grants, loans, and appropriations. 
		The district has power to
apply for and accept grants, loans,
or appropriations from the federal government or any agency or
instrumentality thereof or the State of Illinois or any agency or
instrumentality
thereof to be used for any of the purposes of the
district and to enter into any agreement with the federal government, the
State of Illinois, or any agency or instrumentality thereof
in
relation to the grants, loans, or appropriations.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/60)
Sec. 60. 
		Foreign trade zones and sub-zones. 
		The district has power
to apply to the proper authorities of the
United States of America under the appropriate law for the right to
establish, operate, maintain, and lease foreign trade zones and sub-zones
within the
jurisdiction of the United States Customs Service
and to establish, operate, maintain, and lease the foreign
trade zones and sub-zones.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/65)
Sec. 65. 
		Insurance contracts. 
		The district has power to procure and enter
into contracts for any
type of insurance and indemnity against loss or damage to property from any
cause, including loss of use and occupancy, against death or injury of any
person, against employers' liability, against any act of any member,
officer, or employee of the Board or of the district in the performance of
the duties of his or her office or employment or any other insurable risk.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/70)
Sec. 70. 
		Borrowing money; revenue bonds.
(a) The district has the continuing
power to borrow money for the
purpose of acquiring, constructing, reconstructing, extending, operating,
or improving terminals, terminal facilities, port facilities,
and intermodal facilities; for
acquiring any property and equipment useful for the construction,
reconstruction, extension, improvement, or operation of its terminals,
terminal facilities, port facilities, and intermodal facilities; and for
acquiring necessary
cash working funds.  For the purpose of evidencing the obligation of the
district to repay any money borrowed, the district may,
by ordinances adopted by the Board from time to time, issue and
dispose of its interest bearing revenue bonds, notes, or certificates and
may also from time to time issue and dispose of its interest bearing revenue
bonds, notes, or certificates to refund any bonds, notes, or
certificates at maturity or by redemption provisions or at any time
before maturity with the consent of the holders thereof.
(b) All bonds,
notes, and certificates
shall be payable solely from the revenues or income to be derived from
the terminals, terminal facilities, port facilities, and intermodal facilities
or
any part
thereof; may bear any date or dates; may mature at any time or times
not exceeding 40 years from their respective dates; may bear interest
at any rate or rates payable semiannually; may be in any form; may
carry any registration privileges; may be executed in any manner; may
be payable at any place or places; may be made subject to redemption in
any manner and upon any terms, with or without premium that is stated on
the face thereof; may be authenticated in any manner; and may contain
any terms and covenants as may be provided in the ordinance.  The
holder or holders of any bonds, notes, certificates, or interest coupons
appertaining to the bonds, notes, and certificates issued by the district may
bring civil actions to
compel the performance and observance by the district or any of its officers,
agents, or employees of any contract or covenant made by the district with the
holders of those bonds, notes, certificates, or interest coupons and to
compel the district and any of its officers, agents, or employees to perform
any
duties required to be performed for the benefit of the holders of any
bonds, notes, certificates, or interest coupons by
the provision in the ordinance authorizing their issuance, and to enjoin
the district and any of its officers, agents, or employees from taking
any action in conflict with any such contract or covenant, including the
establishment of charges, fees, and rates for the use of facilities as
provided in this Act.  Notwithstanding the form and tenor of any bonds, notes,
or
certificates and in the absence of any express recital on the face thereof that
it is nonnegotiable, all bonds, notes, and certificates shall be
negotiable instruments.  Pending the preparation and execution of any
bonds, notes, or certificates, temporary bonds, notes, or certificates
may be issued with or without interest coupons as may be provided by ordinance.
(c) The bonds, notes, or certificates shall be sold by the corporate
authorities of the district in any manner that the corporate
authorities shall determine, except that if issued to bear interest at the
minimum rate permitted by Bond Authorization Act, the bonds shall be sold
for not less than par and accrued interest and except that the selling price of
bonds bearing interest at a rate less than the maximum rate permitted in that
Act shall be such that the interest cost to the district of the money received
from the bond sale shall not exceed such maximum rate annually computed to
absolute maturity of said bonds or certificates according to standard tables of
bond values.
(d) From and after the issue of any bonds, notes, or certificates as
provided in this Section, it shall be the duty of the corporate authorities of
the
district to fix and establish rates, charges, and fees for the use of
facilities acquired, constructed, reconstructed, extended, or improved
with the proceeds derived from the sale of the bonds, notes, or
certificates sufficient at all
times with other revenues of the district, if any, to pay (i) the cost
of maintaining, repairing, regulating, and operating the facilities
and (ii) the bonds, notes, or certificates and interest thereon as they
shall become due, all sinking fund requirements, and all other requirements
provided by the ordinance authorizing the issuance of the bonds, notes, or
certificates or as provided by any trust agreement executed to secure
payment thereof.  To secure the payment of any or all of bonds, notes, or
certificates
and for the purpose of setting forth the covenants and undertaking of the
district in connection with the issuance of those bonds, notes, or certificates
and the issuance of any
additional bonds, notes, or certificates payable from revenue income
to be derived from the terminals, terminal facilities, port facilities, and
intermodal facilities the
district may execute and deliver a trust agreement or agreements.  A lien upon
any physical property of the district may be created by the trust agreement.  A
remedy for any
breach or default of the terms
of any trust agreement by the district may be by mandamus proceedings
in the circuit court to compel performance and compliance with the agreement,
but
the trust agreement may prescribe by whom or on whose behalf the action
may be instituted.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/75)
Sec. 75. 
		Bonds not obligations of the State or district. 
		Under no
circumstances shall any bonds, notes, or certificates
issued by the district or any other obligation of the district be or become an
indebtedness or obligation of the State of Illinois or of any other political
subdivision of or municipality within the State, nor shall any bond,
note, certificate, or obligation be or become an indebtedness of the
district within the purview of any constitutional limitation or provision.  It
shall be plainly stated on the face of each bond, note, and
certificate that it does not constitute an indebtedness or obligation but
is payable solely from the revenues or income of the district.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/80)
Sec. 80. 
		Revenue bonds as legal investments. 
		The State and all counties,
cities, villages, incorporated towns
and other municipal corporations, political subdivisions, public bodies,
and public officers of any thereof; all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies, and other persons carrying on a
banking business; all insurance companies, insurance associations, and other
persons carrying on an insurance business; and all executors,
administrators, guardians, trustees, and other fiduciaries may legally
invest any sinking funds, moneys, or other funds belonging to them or within
their control in any bonds, notes, or certificates issued under this
Act.  It is the purpose of this Section to authorize the investment in
bonds, notes, or certificates of all sinking, insurance, retirement,
compensation, pension, and trust funds, whether owned or controlled by private
or public persons or officers; provided, however, that nothing contained in
this Section may be construed as relieving any person from any duty of
exercising reasonable care in selecting securities for purchase or investment.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/85)
Sec. 85. 
		Taxes. 
		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 a tax it shall order that the question be
submitted at an election to be held within the district and shall certify the
order and the question to the proper election officials, who shall submit the
question to the voters at an election under the general election law.  The
Board shall cause the result of the referendum to be entered upon the records
of the port district.  If a majority of the vote on the question is in favor of
the proposition, the Board may annually 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 the Mid-America Intermodal Authority Port     District levy a tax annually not to exceed (insert rate) % of the value of taxable property as equalized or assessed by the Department of Revenue for corporate purposes.
		The votes shall be recorded as
"Yes" or "No".
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/90)
Sec. 90. 
		Permits. 
		It shall be unlawful to make any fill or deposit of
rock, earth,
sand, or other material, or any refuse matter of any kind or description,
or build or commence the building of any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or
within 40 feet of any navigable waters within the
district without first submitting the plans, profiles, and specifications
for it, and any other data and information that may be required, to the
district and receiving a permit.  Any person, corporation,
company, city or municipality, or other agency that does any of the
things prohibited in this Section without securing a permit
is guilty of a Class A misdemeanor. Any structure, fill, or
deposit erected or made in any of the public bodies of water within the
district in violation of the provisions of this Section is
declared to be a purpresture and may be abated as such at the expense of the
person, corporation, company, city, municipality, or other agency
responsible for it.  If in the discretion of the district it is
decided that the structure, fill, or deposit may remain, the district
may fix any rule, regulation, requirement, restrictions, or rentals or
require and compel any changes, modifications, and repairs that shall be
necessary to protect the interest of the district.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/100)
Sec. 100. 
		
		Mid-America Intermodal Authority Port District Board;
compensation.  The
governing and administrative body of the district shall
be a board consisting of 7 members, to be known as the
Mid-America Intermodal Authority
Port District Board.  Members of the Board shall be residents of a
county whose territory, in whole or in part, is embraced by the district
and persons of recognized business ability.  The members of the Board
shall receive compensation for their services,
set by the Board at an amount not to exceed $20,000 annually, except
the chairperson may receive an additional $5,000 annually, if approved by
the Board.  All compensation shall be paid directly from the
district's
operating funds.  The members shall receive no other compensation whatever,
whether in the form of salary, per diem allowance, or otherwise, for or in
connection
with their service as members.  Each member shall be reimbursed
for actual expenses incurred by him or her in the performance of the member's
duties.
Any person who is appointed to the office of secretary or treasurer
of the Board may receive compensation for services as an officer,
as determined by the Board, provided that the person is not a member of the
Board.  No member 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 or in the sale or lease of any property to or from the
district.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/105)
Sec. 105. 
		Appointment of Board members. 
		The Governor, by and with the
advice and consent of the
Senate, shall appoint 3 members of the Board for initial terms
expiring June first of the years 2000, 2001, and 2002,
respectively,
and the chairpersons of county boards of the counties within the district
shall appoint 4 members
for initial terms
expiring June first of the years 2000, 2001, 2002, and 2003,
respectively, in a meeting specifically convened for that purpose.
Except as provided in this Section, at the expiration of the
term of any member appointed by the Governor,
his or her successor shall be appointed by the Governor in like manner, and at
the expiration of the term of any member appointed by the county boards, his or
her
successor shall be appointed by the county boards in like manner,
as appointments
for the initial terms. All successors shall hold office for the term of
5 years from the first day of June of the year in which they are
appointed, except in the case of an appointment to fill a vacancy. In
case of vacancy in the office of any member appointed by the Governor
during the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate when the Governor shall
nominate
some person to fill the office; and any person so nominated, who is
confirmed by the Senate, shall hold his or her office during the remainder of
the term and until his or her successor shall be appointed and qualified.
Each appointment by the Governor shall be subject to
approval by the county boards and each appointment by the county boards shall
be
subject
to approval by the Governor, and, when so approved, the Governor and the
county boards shall certify their respective appointments and approvals to the
Secretary of State. Within 30 days after certification and approval
of his or her appointment, and before entering upon the duties of his or her
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.
All members of the Board shall
reside within the area of the district as defined in Section 10 of this
Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/110)
Sec. 110. 
		Resignation and removal of Board members; vacancies. 
		Members of
the Board shall hold office until their respective
successors have been appointed and qualified. Any member may resign from
his or her office, to take effect when his or her successor has been appointed
and has
qualified. The Governor and the county boards may remove any
member
of the Board appointed by them in case of incompetency, neglect of duty, or
malfeasance in office. They shall give the member a copy of the charges against
him or her and an opportunity to be publicly heard in person or by counsel in
his or her
own defense upon not less than 10 days' notice. In case of failure to
qualify within the time required, of abandonment of office, or
of death, conviction of a crime, or removal from office, the office
shall become vacant. Each vacancy shall be filled for the unexpired term by
appointment in like manner, and with like regard as to the place of
residence of the appointee, as in case of expiration of the term of a
member of the Board.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/115)
Sec. 115. 
		Organization of the Board. 
		As soon as possible after the
appointment of the initial
members,
the Board shall organize for the transaction of business, select a chairperson
and a temporary secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairperson and successors
shall be elected by the Board from time to time for the term of his or her
office
as a member of the Board or for the term of 3 years, whichever is
shorter.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/120)
Sec. 120. 
		Meetings; ordinances and resolutions; public records. 
		Regular
 meetings of the Board shall be held at least once in
each
calendar month, the time and place of the meeting to be fixed by the
Board. 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 4 members shall be
necessary for the adoption of any ordinance or resolution.  All
ordinances and resolutions before taking effect shall be approved by the
chairperson of the Board.  If the chairperson shall approve the ordinance or
resolution, he or she shall
sign
it.  Those ordinances or resolutions the chairperson shall not approve the
chairperson shall return to the
Board
with
his or her objections in writing at the next regular meeting of the Board
occurring after the passage of the ordinances or resolutions.
If the chairperson shall
fail to return any ordinance or resolution with his or her objections by
the time required in this Section, he or she shall be deemed to have approved
it and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairperson with his or her objections, the vote by which the
ordinance or resolution
was passed shall be reconsidered by the Board.  If upon
reconsideration the ordinance or resolution is passed by the affirmative
vote of at least 5 members, it shall go into effect notwithstanding the
veto of the chairperson. All ordinances, resolutions, all proceedings of
the district, and all documents and records in its possession shall be
public records, and open to public inspection, except any documents and
records that shall be kept or prepared by the Board for use in negotiations,
actions, or proceedings to which the district is a party.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/125)
Sec. 125. 
		Secretary and treasurer; oath and bond. 
		The Board shall appoint
a secretary
and a treasurer who need
not
be members of the Board to hold office during the pleasure of the Board.  The
Board shall fix their duties and compensation. Before entering upon the duties
of
their respective offices, they shall take and subscribe the constitutional
oath of office and the treasurer shall execute a bond with corporate
sureties to be approved by the Board. The bond shall be payable to the
district in whatever penal sum may be directed by the Board conditioned
upon the faithful performance of the duties to the office and the payment
of all money received by him or her according to law and the orders of the
Board.
The Board may, at any time, require a new bond from the treasurer in any
penal sum that may be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by the insolvency, failure,
or closing of any savings and loan association or national or State
bank wherein the treasurer has
deposited funds if the bank or savings and loan association has been
approved by the Board as a depositary
for those funds. The oaths of office and the treasurer's bond shall be
filed in the principal office of the district.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/130)
Sec. 130. 
		Deposits; checks or drafts.
(a) All funds deposited by the
treasurer in any bank or savings
and loan association shall be placed
in the name of the district and shall be withdrawn or paid out only by
check or draft upon the bank or savings and loan association, signed
by the treasurer and countersigned by
the chairperson of the Board. The Board may designate any of its members or
any officer or employee of the district to affix the signature of the
chairperson and another to affix the signature of the treasurer to any check
or draft for payment of salaries or wages and for payment of any other
obligation of
not more than $10,000.
No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established under Section 6 of
the Public Funds Investment Act.
(b) In case
any officer whose signature appears upon any check or
draft issued under this Act ceases to hold his or her office before the
delivery of the check or draft to the payee, his or her signature nevertheless
shall be valid
and sufficient for all purposes with the same effect as if he or she had
remained
in office until delivery of the check or draft.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/135)
Sec. 135. 
		Prompt payment. 
		Purchases made under this Act shall be made in
compliance with the Local Government Prompt Payment Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/140)
Sec. 140. 
		Executive director, officers, and employees. 
		The Board may
appoint an executive director, who shall be a
person of recognized ability and business experience, to hold office during
the pleasure of the Board.  The executive director shall have management of the
properties, business, and the employees of the district
subject
to the general control of the Board; shall direct the enforcement of all
ordinances, resolutions, rules, and regulations of the Board; and shall
perform any other duties that may be prescribed from time to time by the
Board.  The Board may appoint a general attorney and a chief engineer and
shall provide for the appointment of any other officers, attorneys, engineers,
consultants, agents, and employees that may be necessary.
The Board shall define
their duties and require bonds of those that it may designate.
The executive director, general attorney, chief engineer, and all other
officers provided for under this Section shall be exempt from taking
and subscribing any oath of office and shall not be members of the Board.
The compensation of the executive director, general attorney, chief engineer,
and all other officers, attorneys, consultants, agents, and employees shall
be fixed by the Board, subject to the provisions of Section 125 of this Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/145)
Sec. 145. 
		Fines and penalties. 
		The Board shall have power to pass all
ordinances and to make all
rules and regulations proper or necessary to carry into effect the
powers granted to the district, with any fines or penalties that may be
deemed proper. All fines and penalties shall be imposed by ordinances
that shall be published in a newspaper of general circulation published in
the area embraced by the district. No ordinance shall take effect
until 10 days after its publication.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/150)
Sec. 150. 
		Report and financial statement. 
		As soon after the end of each
fiscal year as may be expedient,
the
Board shall prepare and print a complete and detailed report
and financial statement of its operations and of its assets and
liabilities. A reasonably sufficient number of copies of the report shall
be printed for distribution to persons interested, upon request, and a copy
of the report shall be filed with the Governor and the county clerk of each
county that is within the area of the
district. A copy of the 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: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/155)
Sec. 155. 
		Investigations by the Board. 
		The Board may investigate
conditions in which it has an interest
within the area of the district; the enforcement of its ordinances, rules,
and regulations; and the action, conduct, and efficiency of all officers,
agents, and employees of the district. In the conduct of investigations
the Board may hold public hearings on its own motion and shall do so on
complaint of any municipality within the district. Each member
of the Board shall have power to administer oaths and the secretary, by
order of the Board, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant to
investigations and to any hearing before the Board or any member
of the Board.
Any circuit court of this State, upon application
of the Board or any member of the Board, may in its discretion compel the
attendance of witnesses, the production of books and papers, and giving of
testimony before the Board, before any member of the Board, or before any
officers'
committee appointed by the Board by attachment for contempt or otherwise
in the same manner as the production of evidence may be compelled before
the court.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/160)
Sec. 160. 
		Annexation. 
		Territory that is contiguous to the district and
that is not
included within any other port district may be annexed to and become a part of
the district in the manner provided in Section 165 or 170, whichever is
applicable.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/165)
Sec. 165. 
		Petition for annexation. 
		At least 5% of the legal voters
resident within the limits of
the proposed addition to the district shall petition the circuit court for a
county in which a major part of the district is situated, to cause the question
of whether the proposed additional territory shall become a part of the
district
to be submitted to the legal voters of the proposed additional territory.  The
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 the filing of any 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 the 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 before the hearing by at least one
publication of the notice in any newspaper having general circulation within
the area
proposed to be annexed, and by mailing a copy of the notice to the mayor or
president of the board of trustees of all cities, villages, and incorporated
towns within the district.
At the hearing the district, all persons residing or owning property within
the district, and 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.  If the court finds that the petition is sufficient, the court
shall
certify the petition and the proposition to the proper election officials who
shall submit the proposition to the voters at an election under the general
election law.  In addition to the requirements of the general election law, the
notice of the referendum shall include a description of the area proposed to
be
annexed to the district.
The proposition shall be in substantially the following form:
Shall (description of the territory proposed to be     annexed) join the Mid-America Intermodal Authority Port District?
		The votes shall be recorded as "Yes" or
"No".
The court shall cause a statement of the result of the referendum 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 the district, the court shall then
enter an order stating that the additional territory shall thenceforth be an
integral part of the Mid-America Intermodal Authority 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. 90-636, eff. 7-24-98.)
(70 ILCS 1832/170)
Sec. 170. 
		Annexation of territory having no legal voters. 
		If there is
territory contiguous to the district that has no
legal voters residing within it, a petition to annex the territory
signed by all
the owners of record of the territory may be filed with the circuit court for
the county in which a 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
of the hearing shall be given in the manner provided in Section 165.  At the
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 the territory shall be an integral part of the Mid-America
Intermodal Authority 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 of the court to the circuit clerk of any other county in which the
annexed territory is situated.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/172)
Sec. 172. 
		Disconnection. 
		The registered voters of a county included in
the
District may petition the State Board of Elections requesting the submission of
the
question of whether the county should be disconnected from the District to the
electors of the county.  The
petition
shall be circulated in the manner required by Section 28-3 of the Election Code
and
objections thereto and the manner of their disposition shall be in accordance
with Section
28-4 of the Election Code.  If a petition is filed with the State Board of
Elections, signed
by not less than 5% of the registered voters of the county, requesting that the
question of
disconnection be submitted to the electors of the county, the State Board of
Elections
must certify the question to the proper election authority, which must submit
the question
at a regular election held at least 78 days after the petition is filed in
accordance with the
Election Code.
The question must be submitted in substantially the following form:
Shall (name of county) be disconnected from the     Mid-America Intermodal Authority Port District?
		The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the affirmative,
the
county shall be disconnected from the District.
(Source: P.A. 91-566, eff. 8-14-99.)
(70 ILCS 1832/175)
Sec. 175. 
		Administrative Review Law. 
		All final administrative decisions
of the Board,
shall
be subject to judicial review under the provisions of the Administrative
Review Law
and the rules adopted under that Act. The term
"administrative decision" means the same as in Section 3-101 of the Code of
Civil Procedure.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/180)
Sec. 180. 
		Severability. 
		If any provision of this Act or its application
to any person or circumstance is held invalid,
the invalidity of that provision or application does not affect
 other provisions or applications of this Act that can be given effect without
the invalid provision or application.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/185)
Sec. 185. 
		Interference with private facilities. 
		The provisions of
this Act shall not be considered as impairing, altering, modifying,
repealing, or superseding any of the jurisdiction or powers of the Illinois
Commerce Commission or of the Department of Natural Resources under the
Rivers, Lakes, and Streams Act.  Nothing in this
Act or done under its authority shall apply to, restrict, limit, or
interfere with the use of any terminal, terminal facility, port facility,
or intermodal facility owned or operated by any private person for the storage
or handling or
transfer of any commodity moving in interstate commerce or the use of the
land and facilities of a common carrier or other public utility and the
space above that land and those facilities or the right to use that land and
those
facilities in the business of any common carrier or other public utility,
without approval of the Illinois Commerce Commission and without the
payment of just compensation to any common carrier or other public
utility for damages resulting from any restriction, limitation, or
interference.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/190)
Sec. 190. 
		
		Non-applicability of
conflicting provisions of the Illinois Municipal Code.  The
provisions of the Illinois Municipal Code shall not be effective within the
area of the district
insofar as the provisions of that Act conflict with the provisions of this
Act or grant substantially the same powers to any municipal corporation
that are granted to the district by this Act.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/800)
Sec. 800. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-636, eff. 7-24-98; text omitted.)
(70 ILCS 1832/999)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 90-636, eff. 7-24-98.)