2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 90/ - Fox Waterway Agency Act.

(615 ILCS 90/1) (from Ch. 19, par. 1201)
Sec. 1. 
		
		This Act shall be known and may be cited as the
Fox Waterway Agency Act.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/1.1) (from Ch. 19, par. 1201.1)
Sec. 1.1. 
		
		There is created the Fox Waterway Agency, a body corporate and
politic and a special-purpose
unit of local government.
This amendatory Act of 1995 is changing the name of the Agency; it is not
creating a new agency or abolishing the existing Agency and it does not affect
the validity or effectiveness of any action taken or rule adopted by the Agency
prior to the effective date of this amendatory Act of 1995.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/1.2) (from Ch. 19, par. 1201.2)
Sec. 1.2. 
		
		Unless otherwise indicated, all elections conducted pursuant
to this Act shall be in accordance with the general election law of this State.
(Source: P.A. 83-1121.)
(615 ILCS 90/2) (from Ch. 19, par. 1202)
Sec. 2. 
		(Repealed).
(Source: Repealed by P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/2.1)
Sec. 2.1. 
		(Repealed).
(Source: Repealed by P.A. 88-535; 89-162, eff. 7-19-95.)
(615 ILCS 90/3) (from Ch. 19, par. 1203)
Sec. 3. 
		As used in this Act, unless the context otherwise requires:
(a) "Agency" means the  Fox Waterway Agency
created by this Act.
(b) "Board" means the board of directors of the Fox Waterway Agency.
(c) "Director" means a member of the board of directors of the  Fox Waterway Agency.
(d) "Member County" means that portion of either Lake County or McHenry
County which lies within the territory of the Agency.
(e) "Waterway" means the Fox River and interconnecting lakes commonly
known as the Chain O Lakes from the Wisconsin State line to the Algonquin
Dam, all within the State of Illinois.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/4) (from Ch. 19, par. 1204)
Sec. 4. 
		
		The territory of the Agency shall include the
townships of Antioch, Grant and Lake Villa and part of
Cuba township in Lake County; and parts of
McHenry, Algonquin and Nunda townships in McHenry County more particularly
described as follows:
Beginning at the Northwest corner of Lake County, Illinois; thence East
on the North boundary of Lake County to the Northeast corner of Antioch
Township; thence South on the East boundary of Antioch and Lake Villa Townships
to the Southeast corner of Lake Villa Township; thence West on the South
boundary of Lake Villa Township to the East boundary of Grant Township;
thence South on the East boundary of Grant Township to the Southeast corner
of Grant Township; thence West on the South boundary of Grant Township to
the Southwest corner of Grant Township; thence South on the West boundary
of Wauconda Township to the Southwest corner of Wauconda Township; thence
East on the North boundary of Cuba Township to the intersection with the
centerline of Roberts Road; thence Easterly on the centerline of Roberts Road to the
intersection with the centerline of River Road; thence Southerly on the
centerline of River Road to the intersection with the centerline of Kelsey
Road; thence Westerly and Southerly on the centerline of Kelsey Road to
the intersection with the centerline of State Highway Route 22; thence West
on the centerline of State Highway Route 22 to the West boundary of Cuba
Township; thence South on the West boundary of Cuba Township to the
intersection with the Northerly boundary of the Village of Barrington Hills; thence in
a Westerly and Southerly direction on the boundary of the Village of Barrington
Hills to the South boundary of Algonquin Township; thence West on the South
boundary of Algonquin Township to the intersection with the centerline of
State Highway Route 31; thence Northerly on the centerline
of State Highway Route 31 to the intersection with the centerline of Cary
Road; thence Northeasterly on the centerline of Cary Road to the intersection
with the centerline of Main Street in the City of Cary, Illinois; thence
East on the centerline of Main Street to the East boundary of the City of
Cary, Illinois; thence Northerly and Westerly and Northerly and Easterly
and Northerly on the East boundary of the
City of Cary, Illinois to the intersection with the centerline of Three
Oaks Road; thence East on the centerline of Three Oaks Road to the intersection
with the centerline of
South Rawson Bridge Road; thence North on the centerline of South Rawson
Bridge Road to the South boundary of Nunda Township; thence West on the
South boundary of Nunda Township to the East line of Section 36, Township
44 North, Range 8 East of the Third Principal Meridian; thence North on
said East line to the Northeast corner of said Section 36; thence West on
the North line of
said Section 36 to the intersection with the centerline of Valley View road;
thence North on the centerline of Valley View Road to the intersection with
the centerline of Nish Road; thence West on the centerline of Nish Road
to the intersection with the centerline of Barreville Road; thence Northerly
on the centerline of Barreville Road to the intersection with the centerline
of Green Street in the City of McHenry, Illinois; thence Northerly on the
centerline of Green Street to the intersection with the centerline of Elm
Street; thence Westerly on the centerline of Elm Street to the intersection
with the centerline of State Highway Route 31 North; thence North on the
centerline of State Highway Route 31 to the intersection with the centerline
of McCullom Lake Road; thence East to the intersection with the centerline
of Riverside Drive; thence
Northerly on the centerline of Riverside Drive to the intersection with
the centerline of Johnsburg Road; thence Easterly and Northerly on the centerline
of Johnsburg Road to the intersection with the centerline of Wilmot Road;
thence Northerly on the centerline of Wilmot Road to the North boundary
of McHenry Township; thence East on the North boundary of McHenry Township
to the West boundary of Antioch Township; thence North on the
West boundary of Antioch Township to the point of beginning.
(Source: P.A. 84-776.)
(615 ILCS 90/5) (from Ch. 19, par. 1205)
Sec. 5. The Agency shall be governed by a Board of Directors, which
shall consist of 6 directors and one chairman elected pursuant to this Section.
Three directors shall be elected from within the territory of each
member county.  Any resident
of a member county and the territory of the Agency, at least 18 years
of age, may become a candidate for
election as a director by filing a nominating petition
with the State Board of Elections containing the verified
signatures of at least 200 of the registered
voters of such county who reside within the territory of the Agency.
Such petition shall be filed not more than 113 nor
less than 106 days prior to the date of election.
The chairman shall be elected at large from the territory of the Agency.
Any person eligible to become a candidate for election as director may become
a candidate for election as chairman by filing a nominating petition with
the State Board of Elections containing the
verified signatures of at least 200 of the
registered voters of each member county who reside within the territory
of the Agency.  Such petition shall be filed
not more than 113 nor less than 106 days prior to the date of the election.
Within
7 days after each consolidated election at which the chairman is
elected, the county clerk of each member county shall transmit the returns
for the election to the office of chairman
to the
State Board of Elections.
 The State Board of Elections shall immediately canvass the returns
and proclaim the results thereof and shall issue a certificate of election
to the person so elected.
Beginning in 1985, the directors and chairman shall be elected at the
consolidated election and shall serve from the third Monday in May
following their respective elections until their respective successors are
elected and qualified. The term of office of a director shall be for 4
years, except that of the directors elected at the consolidated election of
1985, 3 shall serve until the first Monday in May 1987 and 3
shall serve until the first Monday in May 1989.  The term of office
of a chairman shall be 4 years.
At least 90 days before the consolidated election of 1985 the State Board
of Elections shall meet to determine by lot which 3 director positions
shall be elected for terms to expire on the first Monday in May 1987 and
which 3 director positions shall be elected for terms to expire on the
first Monday in May 1989.  At least one director position from each member
county shall be elected for a term to expire on the first Monday in May 1987.
The county clerks of the member counties shall provide notice of each
election for chairman and director
in the manner prescribed in Article 12 of The Election Code, with the
notice of the elections to be held at the consolidated election of 1985 to
include a statement as to whether the director is to be elected for a term of
2 years or for a term of 4 years.
A chairman shall be elected at the consolidated election of 1985 and at
each consolidated election every 4 years thereafter. Six directors shall be
elected at the consolidated election of 1985. At the consolidated election
of 1987, and at each consolidated election every 4 years thereafter,
directors shall be elected from the constituencies of the directors who
were elected at the consolidated election of 1985 and whose terms expired on
the first Monday in May 1987. At the consolidated election of 1989, and at
each consolidated election every 4 years thereafter, directors shall be
elected from the constituencies of the directors who were elected at the
consolidated election of 1985 and whose terms expired on the first Monday in May 1989.
Vacancies in the office of director or chairman shall be filled by the
remaining members of the Board, who shall appoint to fill the vacated
office for the remainder of the term of such office an individual who would
be eligible for election to such office.
If, however, a vacancy occurs in the office of chairman or director
with at least 28 months remaining in the term of such office, the office
shall be filled for the remainder of the term at the next consolidated
election.  Until the office is filled by election, the remaining members of
the Board shall appoint a qualified person to the office in the manner provided
in this Section.
(Source: P.A. 98-115, eff. 7-29-13.)
(615 ILCS 90/6) (from Ch. 19, par. 1206)
Sec. 6. 
The Board shall meet as soon as practicable after the directors
assume the duties of office and shall meet at least 6 times annually or
more often at the discretion of the Chairman or upon the request of 2/3
of the directors.
The Board shall select from its membership a Secretary and a Treasurer.
The Treasurer shall be custodian of all Agency funds and shall be bonded
in such amount as the other members designate.
The Chairman shall have the power to vote only in the event of a tie, but
shall fully participate as a director in all other respects.  Directors
and the Chairman may be compensated at the discretion of the Board in the sum
of up to $3,000 per year for each director and up to $5,000 per year for the
chairman, effective immediately upon approval of the Board.  The Board members
shall also be reimbursed
for ordinary and necessary expenses incurred in performing their duties under
this Act.
The Board shall appoint a person to serve as executive director, who shall
act
as the
chief administrative officer of the Agency and oversee and administer the daily
function and staff of the Agency, in accordance with Board policy.  The
executive director shall be a person of recognized ability in business or waterway management.
(Source: P.A. 97-943, eff. 1-1-13.)
(615 ILCS 90/7) (from Ch. 19, par. 1207)
Sec. 7. 
		
		In addition to other powers and duties provided in this Act,
the Agency shall have the powers and duties specified in Sections 7.1 through
7.10.
(Source: P.A. 83-864.)
(615 ILCS 90/7.1) (from Ch. 19, par. 1208)
Sec. 7.1. 
		
		The Agency shall implement reasonable programs and adopt necessary and reasonable ordinances and rules to improve
and maintain the Chain O Lakes - Fox River recreational waterway from the
Wisconsin State line to the Algonquin Dam for the purposes of boating, sailing,
canoeing, swimming, water skiing, rowing, iceboating,
fishing, hunting and other recreational uses, to help prevent or control
flooding
of the waterway, to improve recreational uses of the waterway, to prevent
pollution and
otherwise improve the quality of the waterway, to promote
tourism, and to create and administer a procedure for establishing restricted
areas.  In the case of a local ordinance relating to the
establishment of restricted areas, speed limits, or other boating restrictions
that is adopted by another unit of local government and conflicts with an
Agency
ordinance or rule, the Agency ordinance or rule shall
control even if the conflicting ordinance
is more restrictive,
except that municipalities with corporate boundaries that are both
adjacent to and at the southern terminus of the Agency's jurisdiction over the
Fox River shall
retain the right to establish reasonable no-wake zones within their corporate
boundaries.
  The Agency may develop programs and build projects to
minimize pollution in the watershed from otherwise entering the waterway.
Prior to establishing any restricted area, the Agency shall provide 21 days
notice to any municipality in which the proposed area borders upon or is
located.  Notice shall be filed with the Clerk of the municipality.  If such a
municipality, by resolution of the corporate authority of the municipality,
files an objection to the establishing of the proposed restricted area, then
that restricted area shall not be approved except by a favorable vote of
two-thirds of the Chairman and Board of Directors.
All Agency programs, ordinances and rules
shall
be in conformance with the Rivers, Lakes, and Streams Act.  The Agency shall
coordinate efforts of State, federal and local governments to improve and
maintain the waterway.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/7.2) (from Ch. 19, par. 1209)
Sec. 7.2. The Agency may charge reasonable user fees
for recreational and commercial boating, and has the authority to issue
revenue bonds and to borrow funds from any financial lending institution, but
shall
not have the authority to impose any property tax.
The Agency shall devise a schedule
of user fees.  The Agency shall conduct public hearings before
establishing or changing user fees or soliciting the issuance of revenue
bonds or the borrowing of funds.  The Agency may issue
stickers as evidence of the payment of user fees.
The Agency may impose a civil penalty on persons who knowingly use the waterway
without paying a required user fee in an amount not exceeding $500
for each
violation.  Such civil penalty may be recovered by the Agency in a civil
action.
The Agency may also sell its dredging materials from the waterway as reclaimed topsoil.
At least 75% of the gross income collected under this Section
shall be used exclusively for projects designed to maintain and improve the
waterway.
Such projects may include, but are not limited to, dredging, site acquisition
for silt deposit, water safety, and water quality projects.  Any funds
which have not
been expended by the end of a fiscal year may be accumulated in a revolving
fund.
(Source: P.A. 96-960, eff. 7-2-10.)
(615 ILCS 90/7.3) (from Ch. 19, par. 1210)
Sec. 7.3. 
		
		The Agency may apply for, receive and accept any federal,
State, county or local government funds, including federal revenue sharing
funds, for the purposes of this Act, and may receive conveyances of property
or equipment for such purposes.
(Source: P.A. 83-864.)
(615 ILCS 90/7.4) (from Ch. 19, par. 1211)
Sec. 7.4. 
		
		The Agency may construct, acquire, improve and maintain public
recreational facilities within its territory,
but shall not have the power of eminent domain.
(Source: P.A. 83-1121.)
(615 ILCS 90/7.5) (from Ch. 19, par. 1212)
Sec. 7.5. 
		
		The Agency may acquire, purchase, lease, possess and control
dredging equipment and any other equipment or personal property necessary
for the accomplishment of the purposes of this Act.
(Source: P.A. 83-864.)
(615 ILCS 90/7.6) (from Ch. 19, par. 1213)
Sec. 7.6. 
		
		The Agency may enter into agreements with this State or the
State of Wisconsin or any of their units of local government in furtherance
of the purposes of this Act.
(Source: P.A. 83-864.)
(615 ILCS 90/7.7) (from Ch. 19, par. 1214)
Sec. 7.7. 
		
		The Agency shall provide for the enforcement of this Act
and the programs implemented pursuant to it, and may contract with any State
agency or any law enforcement agency for this purpose.
(Source: P.A. 83-864.)
(615 ILCS 90/7.8) (from Ch. 19, par. 1215)
Sec. 7.8. 
		
		The Agency shall appoint and confer with an advisory panel,
which shall consist of interested public officials and members of the public.
(Source: P.A. 83-864.)
(615 ILCS 90/7.9) (from Ch. 19, par. 1216)
Sec. 7.9. 
		
		The Agency may employ such personnel as may be necessary
for the accomplishment of the purposes of this Act, including the hiring of
personnel for the enforcement of its ordinances.  The Board may
enter into an agreement with the Illinois Municipal Retirement Fund to provide
for participation in that Fund by its employees.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/7.10) (from Ch. 19, par. 1217)
Sec. 7.10. 
		
		The Agency shall adopt an annual budget and make
appropriations pursuant thereto as nearly as possible in the manner
provided for municipalities in The Illinois Municipal Budget Law.  Such
budget shall include a plan for the use of all accumulated funds. At least
once each year, the Agency shall have its accounts properly audited, with a
report of such audit to be available for public inspection at all times.
(Source: P.A. 83-1121.)
(615 ILCS 90/7.11) (from Ch. 19, par. 1217.1)
Sec. 7.11. 
		
		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.)
(615 ILCS 90/7.12)
Sec. 7.12. 
		Issuance of revenue bonds. 
		The Agency shall have the power
from time to time to issue bonds in anticipation of its income and revenues
to accomplish any of the purposes of
this Act.
The
bonds may be authorized by resolution and may be issued in one or more
series, may bear such dates, mature at such time or times not exceeding 40
years from their respective dates, bear interest
payable semi-annually, be in such form, be executed in such manner,
including the use of facsimile signatures and seals, be payable in such
medium of payment, at such places, be subject to such terms of redemption,
with or without premium, and may be made registrable as to principal or as
to both principal and interest, as the Agency by resolution may provide.
Any bonds issued hereunder may be issued in denominations of $100 or any
multiple thereof. The Agency may provide for the exchange of any such
bonds after issuance for bonds of larger or smaller denominations in such
manner as may be provided in the authorizing resolution, provided the bonds
in changed denominations shall be exchanged for the original bonds in like
aggregate principal amounts and in such manner that no overlapping interest
is paid, and such bonds in changed denominations shall bear interest at the
same rate or rates, shall mature on the same date or dates, shall be as
nearly as practicable in the same form except for an appropriate recital as
to the exchange, and shall in all other respects except as to denominations
and numbers, be identical with the original bonds surrendered for exchange.
Where any exchange is made under this Section, the bonds surrendered
by the holders at the time of exchange shall be cancelled, any such
exchange shall be made only at the request of the holders of the bonds to
be surrendered, and the Agency may require all expenses incurred in
connection with such exchange, including the authorization and issuance of
the new bonds, to be paid by such holders. The bonds shall be
negotiable instruments under
the Uniform Commercial Code except that any
bonds issued pursuant hereto shall not be subject to Article 9 of said Code.
Pending the preparation or execution of definitive bonds, temporary receipts,
certificates or bonds may be delivered to the purchasers or pledgees of
these bonds. No holder of any bond issued under this Section shall ever
have the right to compel any exercise of the taxing power of the State of
Illinois or any political subdivision thereof to pay the bond or the
interest thereon. Each bond issued under this Section shall recite in
substance that the bond, including the interest thereon, is payable solely
from the revenue pledged to the payment thereof or from any bonds issued
for the purpose of refunding such bond, and that the bond does not
constitute a debt of the Agency or of the State of Illinois within any
statutory or constitutional limitation of the State of Illinois.
Such bonds shall be executed by such members of the Board as shall
be designated by the Agency, and shall be registered by the State
Treasurer. Any bonds bearing the signature
of Board members in office at the date of signing thereof shall be valid and
binding for all purposes, notwithstanding that before delivery thereof any
or all such persons whose signatures appear thereon shall have ceased to be
such Board members.
The Agency may provide for the issuance of refunding bonds if the
bonds to be refunded are due or callable or redeemable by their terms on or
prior to the date that the refunding bonds are issued, or will become due,
callable or redeemable by their terms within 12 months after the date of
issue of the refunding bonds, or if the bonds to be refunded, even though
not becoming due, callable, or redeemable within such period are
voluntarily surrendered by the holders thereof for cancellation at the time
of the issuance of the refunding bonds. All or part of any issue may be so
refunded and all parts of several issues may be refunded into a single
issue of refunding bonds. Provision may be made for including with the
refunding bonds, as part of a single issue, bonds of the Agency for any
other purpose or purposes for which bonds are herein authorized to be
issued. Refunding bonds may be exchanged for not less than a like principal
amount of the bonds authorized to be refunded, may be sold or may be
exchanged in part and sold in part.
Under no circumstances shall any bonds issued
by the Agency 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 such bond
or obligation be or become an indebtedness of the Agency
within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each bond that it
does not constitute such an indebtedness or obligation but is
payable solely from the revenues or income as aforesaid.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations, political subdivisions and 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 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 issued
pursuant to this Act, if being the purpose of this Section to authorize the
investment in such bonds 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 investment.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/9) (from Ch. 19, par. 1219)
Sec. 9. 
		
		If a petition calling for a referendum on the question of whether
the Agency should be dissolved is signed by at least 5% of the registered
voters of the territory of the Agency and is filed with and certified by
the State Board of Elections, a referendum
on the question shall be submitted to the voters of the member counties.
The proposition shall be placed on a ballot in substantially the following
form:
"Shall the Agency be dissolved?"
If a majority of the voters on the proposition are in favor thereof, the
Agency shall be dissolved.
(Source: P.A. 83-1121.)
(615 ILCS 90/10) (from Ch. 19, par. 1220)
Sec. 10. 
		
		Any person who violates this Act or an ordinance or rule
adopted pursuant
to this Act shall be guilty of a petty offense punishable by a fine of not
less than $25 nor more than $500 per occurrence.
(Source: P.A. 89-162, eff. 7-19-95.)
(615 ILCS 90/11) (from Ch. 19, par. 1221)
Sec. 11. 
		
		Nothing in this Act shall be construed as relieving the State
and federal governments from any responsibility they may have for maintaining
or improving the waterways under the Agency's authority.
(Source: P.A. 83-864.)
(615 ILCS 90/12) (from Ch. 19, par. 1222)
Sec. 12. 
		Repealer. 
		This Act was not repealed January 1, 1995,
because a majority of the voters voting at the referendum
provided for in Section 2.1 voted in favor of continuing the Fox
Waterway Agency.
(Source: P.A. 88-535; 89-162, eff. 7-19-95; 89-235, eff. 8-4-95; 89-626, eff.
8-9-96.)