2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1870/ - White County Port District Act.

(70 ILCS 1870/0.01) (from Ch. 19, par. 750)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
White County Port District Act.
(Source: P.A. 86-1324.)
(70 ILCS 1870/1) (from Ch. 19, par. 751)
Sec. 1. 
		
		
		There is created a political subdivision, body politic and municipal
corporation, named "White County Port District", embracing all the area of
White County and all the area within the incorporated limits of the City of
Grayville. 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 Carmi, White County, Illinois.
(Source: P.A. 77-82.)
(70 ILCS 1870/2) (from Ch. 19, par. 752)
Sec. 2. 
		
		
		All property of every kind owned by the Port District shall be exempt
from taxation, however, 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: P.A. 77-82.)
(70 ILCS 1870/3) (from Ch. 19, par. 753)
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 1870/4) (from Ch. 19, par. 754)
Sec. 4. 
		The Port District has the following functions, powers and duties:
(a) 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) investigate 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
considered 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) 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
matters 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. 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) 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 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) enter into contracts dealing in any manner with the objects and
purposes of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(70 ILCS 1870/4.1) (from Ch. 19, par. 754.1)
Sec. 4.1. 
		
		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 1870/4.2) (from Ch. 19, par. 754.2)
Sec. 4.2. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act".
(Source: P.A. 84-1308.)
(70 ILCS 1870/5) (from Ch. 19, par. 755)
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: P.A. 77-82.)
(70 ILCS 1870/6) (from Ch. 19, par. 756)
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 published and having 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; except 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, are not subject to the
competitive bidding requirements of this Section.
(Source: P.A. 77-82.)
(70 ILCS 1870/7) (from Ch. 19, par. 757)
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: P.A. 77-82.)
(70 ILCS 1870/8) (from Ch. 19, par. 758)
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 the consent of the governing body of such municipality.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1870/8.5)
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 1870/9) (from Ch. 19, par. 759)
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: P.A. 77-82.)
(70 ILCS 1870/10) (from Ch. 19, par. 760)
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: P.A. 77-82.)
(70 ILCS 1870/11) (from Ch. 19, par. 761)
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: P.A. 77-82.)
(70 ILCS 1870/12) (from Ch. 19, par. 762)
Sec. 12. 
		
		
		The Port District may 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 may enter
into agreements with the Federal Government in relation to such grants,
loans or appropriations.
(Source: P.A. 77-82.)
(70 ILCS 1870/13) (from Ch. 19, par. 763)
Sec. 13. 
		
		
		The Port District may 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: P.A. 77-82.)
(70 ILCS 1870/14) (from Ch. 19, par. 764)
Sec. 14. 
		
		
		The Port District may 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 may issue and dispose of its interest
bearing revenue bonds or certificates and may also 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: P.A. 77-82.)
(70 ILCS 1870/15) (from Ch. 19, par. 765)
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
semiannually, 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: P.A. 77-82.)
(70 ILCS 1870/16) (from Ch. 19, par. 766)
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: P.A. 77-82.)
(70 ILCS 1870/17) (from Ch. 19, par. 767)
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 the 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 1870/18) (from Ch. 19, par. 768)
Sec. 18. 
		
		
		Before the issuance of any bonds or certificates, 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: P.A. 77-82.)
(70 ILCS 1870/19) (from Ch. 19, par. 769)
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
provisions. 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: P.A. 77-82.)
(70 ILCS 1870/20) (from Ch. 19, par. 770)
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 a referendum to be held within the District.  The Board
shall certify its order and the proposition 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 referendum to be entered upon the records of the Port
District. If a majority of the vote on the proposition is in favor of the
proposition, 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 proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall the White County
Port District levy a tax
for corporate purposes                  YES
annually at a rate not to
exceed ....% of the value           -------------------------
of taxable property as
equalized or assessed by                NO
the Department of Revenue?
--------------------------------------------------------------
(Source: P.A. 81-1489; 81-1509.)
(70 ILCS 1870/21) (from Ch. 19, par. 771)
Sec. 21. 
		
		The governing and administrative body of the Port District is a Board of
3 members, to be known as the White County Port District Board.  One member
of the Board shall be a resident of the City of Grayville, and the other 2
members shall be residents in the area of White County outside the City of
Grayville.  All members of the Board shall be 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 1870/22) (from Ch. 19, par. 772)
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. Of the
members initially appointed by the Governor, one shall serve for an initial
term expiring July 1, 1973, one for an initial term expiring July 1, 1974
and one for an initial term expiring July 1, 1975. 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: P.A. 78-246.)
(70 ILCS 1870/23) (from Ch. 19, par. 773)
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: P.A. 77-82.)
(70 ILCS 1870/24) (from Ch. 19, par. 774)
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: P.A. 77-82.)
(70 ILCS 1870/25) (from Ch. 19, par. 775)
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: P.A. 77-82.)
(70 ILCS 1870/26) (from Ch. 19, par. 776)
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 actions 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: P.A. 78-246.)
(70 ILCS 1870/27) (from Ch. 19, par. 777)
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: P.A. 77-82.)
(70 ILCS 1870/28) (from Ch. 19, par. 778)
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 terminated by the Board. The obligation of the sureties
shall not extend to any loss sustained by insolvency, failure or closing of
any savings or 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. 83-541.)
(70 ILCS 1870/29) (from Ch. 19, par. 779)
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 or 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 1870/30) (from Ch. 19, par. 780)
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: P.A. 77-82.)
(70 ILCS 1870/31) (from Ch. 19, par. 781)
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 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 1870/32) (from Ch. 19, par. 782)
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: P.A. 77-82.)
(70 ILCS 1870/33) (from Ch. 19, par. 783)
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 the county and a copy mailed to the Mayor and City Council or
President and Board of Trustees of each municipality within the Port
District.
(Source: P.A. 77-82.)
(70 ILCS 1870/34) (from Ch. 19, par. 784)
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: P.A. 77-82.)
(70 ILCS 1870/35) (from Ch. 19, par. 785)
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: P.A. 77-82.)
(70 ILCS 1870/36) (from Ch. 19, par. 786)
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 1870/37) (from Ch. 19, par. 787)
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 Commerce
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 1870/38) (from Ch. 19, par. 788)
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: P.A. 77-82.)