(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.)
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