2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1805/ - Havana Regional Port District Act.

(70 ILCS 1805/0.01) (from Ch. 19, par. 600)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Havana Regional Port District Act.
(Source: P.A. 86-1324.)
(70 ILCS 1805/1) (from Ch. 19, par. 601)
Sec. 1. 
		
		There is created a political subdivision, body politic and
municipal corporation, named "Havana Regional Port District," embracing
Havana Township of Mason County. The Port District may sue and be sued in
its corporate name, but execution shall not in any case issue against any
property owned by the Port District. The Port District may adopt a common
seal and change the same at pleasure. The principal office of the Port
District shall be in the City of Havana, Mason County, Illinois.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/2) (from Ch. 19, par. 602)
Sec. 2. 
		
		All property of every kind owned by the Port District shall be
exempt from taxation, provided that a tax may be levied upon a lessee of
the Port District by reason of the value of a leasehold estate separate and
apart from the fee simple title, or upon such improvements as are
constructed and owned by others than the Port District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/3) (from Ch. 19, par. 603)
Sec. 3. 
		
		All property of the Port District shall be public grounds owned by
a municipal corporation and used exclusively for public purposes within the
tax exemption provisions of Sections 15-10, 15-15, 15-20, 15-30, 15-75,
15-140, 15-155, and 15-160 of the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
(70 ILCS 1805/4) (from Ch. 19, par. 604)
Sec. 4. 
		
		The Port District has the following functions, powers and
duties:
(a) to study the existing harbor facilities within the area of the Port
District and recommend to appropriate governmental agencies, including
the General Assembly of Illinois, such changes and modifications as may
from time to time be required for continuing development therein and to
meet changing business and commercial needs;
(b) to make an investigation of conditions within the Port District and
prepare and adopt a comprehensive plan for the development of port
facilities for the Port District.  In preparing and recommending changes
and modifications in existing harbor facilities, or a comprehensive plan
for the development of such port facilities, the Port District, if
deemed desirable, may set aside and allocate an area or areas, within
the lands owned by the Port District, to be leased to private parties
for industrial, manufacturing, commercial, or harbor purposes, where
such area or areas in the opinion of the Board, are not required for
primary purposes in the development of harbor and port facilities for
the use of public water and land transportation, or will not be needed
immediately for such purposes, and where such leasing in the opinion of
the Board will aid and promote the development of terminal and port
facilities;
(c) to issue permits for the construction of wharves, piers, dolphins,
booms, weirs, breakwaters, bulkheads, jetties, bridges or other
structures of any kind in any navigable waters within the Port District
or for the deposit of rock, earth, sand or other material, or any matter
of any kind or description in such waters and to regulate beyond the
limits or jurisdiction of any municipality the anchorage, moorage and
speed of vessels and to establish and enforce regulations for the
operation of bridges; provided, however, that any permit issued or
regulation established or adopted by the Port District shall be subject
to the paramount authority of the Federal Government to regulate
navigation and the Department of Natural Resources
of the State of Illinois under the Rivers, Lakes, and Streams Act;
(d) to acquire, own, construct, lease and maintain port and water
terminal facilities and transportation facilities thereto within the
Port District, and, subject to the provisions of Section 5 of this Act,
to operate or contract for the operation of such facilities, and to fix
and collect just, reasonable, and non-discriminatory charges or rentals
for the use of such facilities. The charges or rentals so collected
shall be deposited in the treasury of the Port District, and be used to
defray the reasonable expenses of the Port District, and to pay the
principal and interest upon any revenue bonds issued by the Port
District;
(e) to enter into contracts dealing in any manner with the objects
and purposes of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 1805/4.1) (from Ch. 19, par. 604.1)
Sec. 4.1. 
		
		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 1805/5) (from Ch. 19, par. 605)
Sec. 5. 
		
		Any public warehouse or other public storage or transportation
facility owned or otherwise controlled by the Port District shall be
operated by persons under contracts with the Port District. Any such
contract shall reserve reasonable rentals or other charges payable to the
Port District sufficient to pay the cost of maintaining, repairing,
regulating and operating the facilities and to pay principal and interest
upon any revenue bonds issued by the Port District and may contain such
other conditions as may be mutually agreed upon. Upon the breach of any
contract or if no contract is in existence as to any such facility, the
District temporarily shall operate such facility until a contract for its
operation can be negotiated.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/5.1) (from Ch. 19, par. 605.1)
Sec. 5.1. 
		
		The Port 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
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 1805/6) (from Ch. 19, par. 606)
Sec. 6. 
		
		All leases or other contracts for operation of any public warehouse
or public grain elevator or transportation facilities owned or otherwise
controlled by the Port District shall be governed by the following
procedure: Notice shall be given by the Port District that bids will be
received for the operation of such public warehouse or public grain
elevator or transportation facilities. This notice shall state the time
within which and the place where bids may be submitted, the time and place
of opening bids, and shall be published not more than 30 days nor less than
15 days in advance of the first day for the submission of bids in one or
more newspapers designated by the Port District which have a general
circulation within the Port District; this notice shall include sufficient
data for the proposed operation to enable bidders to understand the scope
and nature of the operation; provided that contracts which by their nature
are not adapted to award by competitive bidding, such as contracts for the
services of individuals possessing a high degree of personal skill,
contracts for the purchase or binding of magazines, books, periodicals,
pamphlets, reports and similar articles, and contracts for utility services
such as water, light, heat, telephone or telegraph, shall not be subject to
competitive bidding requirements of this Section.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/7) (from Ch. 19, par. 607)
Sec. 7. 
		
		Unless and until revenues from operations conducted by the Port
District are adequate to meet all expenditures or unless and until
otherwise determined by act of the General Assembly, the Port District
shall not incur any obligations for salaries, office or administrative
expenses prior to the making of appropriations to meet such expenses.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/8) (from Ch. 19, par. 608)
Sec. 8. The District has power to acquire and accept by purchase, lease,
gift, grant or otherwise any property and rights useful for its purposes
and to provide for the development of channels, ports, harbors, airports,
airfields, terminals, port facilities, terminal facilities, and other
transportation facilities within the Port District adequate to serve the
needs of commerce within the area served by the Port District. The Port
District may acquire real or personal property or any rights therein in the
manner, as near as may be, as is provided for the
exercise of the right of eminent domain under the Eminent Domain Act, except that no property owned by any
municipality within the Port District shall be taken or appropriated
without first obtaining consent of the governing body of such municipality.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1805/8.5)
Sec. 8.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1805/9) (from Ch. 19, par. 609)
Sec. 9. 
		
		The Port District may lease to others for any period of time not to
exceed 50 years, upon such terms as the Board may determine, any of its
real property, rights of way or privileges, or any interest therein, or any
part thereof, suitable for industrial, manufacturing, commercial or harbor
purposes which, in the opinion of the Board, is not needed immediately for
purposes of the District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/10) (from Ch. 19, par. 610)
Sec. 10. 
		
		The Port District has the right and power to grant easements and
permits for the use of any such real property, rights of way or privileges
which in the opinion of the Board will not interfere with the use thereof
by the Port District for its primary purposes. Such easements and permits
may contain such conditions and retain such interest therein as the Board
deems for the best interest of the District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/11) (from Ch. 19, par. 611)
Sec. 11. 
		
		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 are deemed for the best
interest of the District. Such rentals, charges and fees shall be used to
defray the reasonable expenses of the District and to pay the principal and
interest upon any revenue bonds issued by the District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/12) (from Ch. 19, par. 612)
Sec. 12. 
		
		The Port 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, including marinas and other commercial and recreational
facilities, and to enter into agreements with the Federal Government in
relation to such grants, loans or appropriations.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/13) (from Ch. 19, par. 613)
Sec. 13. 
		
		The Port 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 Port District in the
performance of the duties of his office or employment or any other
insurable risk.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/14) (from Ch. 19, par. 614)
Sec. 14. 
		
		The Port District has the continuing power to borrow money for the
purpose of acquiring, constructing, reconstructing, extending or improving
terminals, terminal facilities, port facilities and transportation
facilities thereto, and for acquiring any property and equipment useful for
the construction, reconstruction, extension, improvement or operation of
its terminals, terminal facilities and port and transportation facilities,
and for acquiring necessary cash working funds. To evidence the obligations
of the District to repay any money borrowed the Port District, pursuant to
ordinance adopted by the Board from time to time may issue and dispose of
its interest bearing revenue bonds or certificates and may also from time
to time issue and dispose of its interest bearing revenue bonds or
certificates to refund any bonds or certificates at maturity or pursuant to
redemption provisions or at any time before maturity with the consent of
the holders thereof.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/15) (from Ch. 19, par. 615)
Sec. 15. 
		
		All such bonds and certificates shall be payable solely from
the revenues or income to be derived from terminals, terminal facilities
or port and transportation facilities or any part thereof, may bear such
date or dates, may mature at such time or times not exceeding 40 years
from their respective dates, may bear interest at such rate or rates
payable semi-annually, may be in such form, may carry such registration
privileges, may be executed in such manner, may be payable at such place
or places, may be made subject to redemption in such manner and upon
such terms, with or without premium as is stated on the face thereof, may
be authenticated in such manner and may contain such terms and
covenants, all as are provided by ordinance of the Port District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/16) (from Ch. 19, par. 616)
Sec. 16. 
		
		Notwithstanding the form and tenor of any such bonds or
certificates and in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds and certificates shall be
negotiable instruments. Pending the preparation and execution of any such
bonds or certificates, temporary bonds or certificates may be issued with
or without interest coupons as may be provided by ordinance.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/17) (from Ch. 19, par. 617)
Sec. 17. 
		
		The bonds or certificates shall be sold by the corporate authorities
of the Port District in such manner as the Board determines, except that
if issued to bear interest at the maximum rate permitted in "An Act
to authorize public corporations to issue
bonds, other evidences of indebtedness and tax anticipation warrants subject
to interest rate limitations set forth therein", approved May 26, 1970,
as now or hereafter amended,
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 such bonds or certificates according to standard
tables of bond values.
(Source: P.A. 82-902.)
(70 ILCS 1805/18) (from Ch. 19, par. 618)
Sec. 18. 
		
		Before the issuance of any bonds or certificates as herein
provided, the Board shall 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 such bonds, sufficient
at all times with all other revenues of the district, to pay: (a) the cost
of maintaining, repairing, regulating and operation of the facilities; and
(b) the bonds or certificates and interest thereon as they shall become
due; and (c) all sinking fund and other requirements provided by the
ordinance authorizing the issuance of the bonds or certificates or as
provided by any trust agreement executed to secure payment thereof.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/19) (from Ch. 19, par. 619)
Sec. 19. 
		
		Under no circumstances shall any bonds or certificates issued by
the Port District or any other obligation of the Port 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
such bond, certificate, or obligation be or become an indebtedness of the
Port District within the purview of any constitutional limitation or
provision. Each bond and certificate shall state clearly that it does not
constitute such an indebtedness or obligation but is payable solely from
the revenues or income of the Port District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/20) (from Ch. 19, par. 620)
Sec. 20. 
		
		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 may 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 such a tax, it shall order that the question
be submitted at an election to be held within the District.  The Board shall
certify the order and the question to the proper election officials, who
shall submit the question to the voters at an election in accordance with
the general election law.  The Board shall cause the result of the election
to be entered upon the records of the Port District. If a
majority of the vote on the question is in favor of the question, the Board may
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 Havana Regional
Port District levy a tax for              YES
corporate purposes annually
at a rate not to exceed ....%        ------------------------
of the value of taxable property
as equalized or assessed by the           NO
Department of Revenue?
--------------------------------------------------------------
(Source: P.A. 81-1489; 81-1509.)
(70 ILCS 1805/21) (from Ch. 19, par. 621)
Sec. 21. 
		
		The governing and administrative body of the Port District is a
Board of 3 members, to be known as the Havana Regional Port District Board.
All members of the Board shall be residents of the Port District and persons of
recognized business ability.  The members of the Board shall serve without
compensation, but shall be reimbursed for actual expenses incurred by them
in the performance of their duties.  However, any member of the Board who is
appointed to the office of secretary or treasurer may receive compensation
fixed by the Board for services as such officer.
(Source: P.A. 80-323.)
(70 ILCS 1805/22) (from Ch. 19, par. 622)
Sec. 22. 
		
		The Governor, by and with the advice and consent of the Senate,
shall appoint the members of the Board and fill any and all vacancies. If
the Senate is in recess when such appointment is made, the Governor shall
make a temporary appointment until the next meeting of the Senate. All
initial appointments shall be made within 60 days after this Act takes
effect. Of the members initially appointed by the Governor, 1 shall be
appointed for an initial term expiring July 1, 1968, 1 for an initial term
expiring July 1, 1969 and 1 for an initial term expiring July 1, 1970. At
the expiration of the term of any member, his successor shall be appointed
by the Governor in like manner and with like regard to place of residence
of the appointee.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/23) (from Ch. 19, par. 623)
Sec. 23. 
		
		After the expiration of initial terms, such successor shall hold
office for the term of 3 years beginning the first day of July of the year
in which the term of office commences. In the case of a vacancy during the
term of office of any member, the Governor shall make an appointment for
the remainder of the term vacant and until a successor is appointed and
qualified. No more than 2 members of the Board may be affiliated with the
same political party at the time of appointment.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/24) (from Ch. 19, par. 624)
Sec. 24. 
		
		The Governor shall certify his appointments to the Secretary of
State. Within 30 days after certification of appointment, and before
entering upon the duties of his 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.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/25) (from Ch. 19, par. 625)
Sec. 25. 
		
		As soon as possible after appointment of the initial members, the
Board shall organize for the transaction of business, select a chairman and
a temporary secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman and successors
shall be elected by the Board from time to time for the term of his office
as a member of the Board or for the term of 3 years, whichever is shorter.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/26) (from Ch. 19, par. 626)
Sec. 26. 
		
		Regular meetings of the Board shall be held at least once in each
calendar month, the time and place of meetings to be fixed by the Board.
All members of the Board must be present in person to constitute a quorum
for the transaction of business. All action of the Board shall be by
ordinance or resolution. The affirmative vote of at least 2 members shall
be necessary for the adoption of any ordinance or resolution. All
ordinances and resolutions before taking effect shall be approved and
signed by the chairman of the Board.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/27) (from Ch. 19, par. 627)
Sec. 27. 
		
		All ordinances, resolutions and all proceedings of the Port
District and all documents and records in its possession shall be public
records and open to public inspection, except such documents and records as
shall be kept or prepared by the Board for use in negotiations, court
action or other proceedings to which the District is a party.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/28) (from Ch. 19, par. 628)
Sec. 28. 
		
		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,
and fix their duties and compensation. Before entering upon the duties of
their respective offices each shall take and subscribe the constitutional
oath of office, and the treasurer shall execute a bond in the amount and
with corporate sureties approved by the Board. The bond shall be payable to
the District in whatever penal sum is directed by the Board, conditioned
upon the faithful performance of the duties of the office and the payment
of all money received by him according to law and the orders of the Board.
The Board may, at any time, require a new bond from the treasurer in such
penal sum as may then be determined by the Board. The obligation of the
sureties shall not extend to any loss sustained by 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 these
funds. The oaths of office and the treasurer's bond shall be filed in the
principal office of the Port District.
(Source: P.A. 90-655, eff. 7-30-98.)
(70 ILCS 1805/29) (from Ch. 19, par. 629)
Sec. 29. 
		
		All funds deposited by the treasurer in any bank or savings
and loan association shall be placed
in the name of the Port 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 chairman 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
chairman and another to affix the signature of the treasurer to any check
of draft for payment of salaries or wages, and for payment of any other
obligation of not more than $2,500.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(70 ILCS 1805/30) (from Ch. 19, par. 630)
Sec. 30. 
		
		In case any officer whose signature appears upon any bond or
coupon or check or draft, issued pursuant to this Act, ceases to hold his
office before the delivery thereof to the payee, his signature nevertheless
shall be valid and sufficient for all purposes with the same effect as if
he had remained in office until delivery thereof.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/31) (from Ch. 19, par. 631)
Sec. 31. 
		
		The Board may appoint a general manager who shall be a person of
recognized ability and business experience to hold office during the
pleasure of the Board.  The general manager shall have management of the
properties and business of the Port District and the employees thereof
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 such other duties as 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 other officers, attorneys,
engineers, consultants, agents and employees when necessary.  It shall
define their duties and require bonds of such of them as the Board may
designate.  The general manager, general attorney, chief engineer, and all
other officers employed pursuant to 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 general manager, 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
7 of this Act.
(Source: P.A. 80-323.)
(70 ILCS 1805/32) (from Ch. 19, par. 632)
Sec. 32. 
		
		The Board shall have power to pass all ordinances and make all
rules and regulations proper or necessary, and to carry into effect the
powers granted to the Port District, with such fines or penalties as may be
deemed proper. All fines and penalties shall be imposed by ordinances,
which shall be published in a newspaper of general circulation, published
in the area embraced by the Port District. No such ordinance shall take
effect until 10 days after publication.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/33) (from Ch. 19, par. 633)
Sec. 33. 
		
		As soon after the end of each fiscal year as may be expedient, the
Board shall cause to be prepared and printed a complete and detailed report
and financial statement of the Port District operations and of its assets
and liabilities and a copy thereof shall be filed with the Governor, the
county clerk of each county which is partially or wholly within the Port
District, and a copy mailed to the Mayor and City Council or President and
Board of Trustees of each municipality within the Port District.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/34) (from Ch. 19, par. 634)
Sec. 34. 
		
		No civil action shall be commenced in any court against the
District by any person for any injury to his person, unless it is commenced
within one year from the date that the injury was received or the cause of
action accrued. Within 6 months from the date that any injury was received
or such cause of action accrued, any person who is about to commence any
civil action in any court against the Port District for damages on account
of any injury to his person shall file in the office of the secretary of
the Board either by himself, his agent, or attorney, a statement, in
writing, signed by himself, his agent, or attorney, giving the name of the
person to whom the cause of action has accrued, the name and residence of
the person injured, the date and about the hour of the accident, the place
or location where the accident occurred and the name and address of the
attending physician, if any. If such statement is not filed as provided,
any such civil action commenced against the District shall be dismissed and
the person to whom any cause of action accrued for any personal injury
shall be forever barred from further suing.
(Source: Laws 1967, p. 3589.)
(70 ILCS 1805/35) (from Ch. 19, par. 635)
Sec. 35. 
		
		The Board shall investigate conditions in which it has an interest
within the Port District, the enforcement of its ordinances, rules and
regulations, and the action, conduct and efficiency of all officers, agents
and employees of the Port District. In the conduct of such investigations
the Board may hold public hearings on its own motion, and shall do so on
complaint or petition of any municipality within the District. Each member
of the Board shall have power to administer oaths. 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 such
investigations and to any hearing before the Board or any member thereof.
Any circuit court, upon application of the Board, or any member thereof,
may compel the attendance of witnesses, the production of books and papers,
and giving of testimony before the Board or before any member thereof or
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: Laws 1967, p. 3589.)
(70 ILCS 1805/36) (from Ch. 19, par. 636)
Sec. 36. 
		
		All final administrative decisions of the Board shall be subject
to judicial review pursuant to the provisions of the Administrative Review
Law, and all amendments and modifications thereof,
and the rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(70 ILCS 1805/37) (from Ch. 19, par. 637)
Sec. 37. 
		
		If any provision of this Act is held invalid such provision
shall be deemed to be excised from this Act and the invalidity thereof
shall not affect any of the other provisions of this Act.  If the
application of any provision of this Act to any person or circumstance
is held invalid it shall not affect the application of such persons or
circumstances other than those as to which it is invalid.  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 Commission or of the Department of Natural Resources under the
Rivers, Lakes, and Streams Act.
This Act shall be construed broadly and liberally to effectuate its
purpose of improving the prosperity of the Port District by facilitating
the removal and marketing of its raw materials and the development of
industrial, mining and transportation employment.
(Source: P.A. 89-445, eff. 2-7-96.)
(70 ILCS 1805/38) (from Ch. 19, par. 638)
Sec. 38. 
		
		The provisions of the "Illinois Municipal Code", approved May 29,
1961, as amended, shall not be effective within the District insofar as
the provisions of such Act conflict with the provisions of this Act or
grant substantially the same powers to any municipal corporation as are
granted to the Port District by this Act.
(Source: Laws 1967, p. 3589.)