(70 ILCS 200/Art. 155 heading) ARTICLE 155.
MATTESON CIVIC CENTER
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(70 ILCS 200/155-1)
Sec. 155-1.
Short title.
This Article may be cited as
the Matteson Civic Center Law of 1997.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-5)
Sec. 155-5.
Definitions.
As used in this Article,
unless the context
otherwise requires:
"Authority" means the Matteson Metropolitan Civic Center Authority.
"Board" means the governing and administrative body of the Matteson
Metropolitan Civic Center Authority.
"Metropolitan area" means all that territory which lies within the
corporate boundaries of the Village of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-10)
Sec. 155-10.
Matteson Metropolitan Civic Center
Authority; creation.
There is hereby created a unit of local government known as the Matteson
Metropolitan Civic Center Authority in the metropolitan area.
The principal office
of the Authority shall be in the Village of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-15)
Sec. 155-15. Rights and powers. The Authority shall
have the following
rights and powers:
(a) To acquire, purchase, own, construct, lease as lessee or in any
other way acquire, improve, extend, repair, reconstruct, regulate, operate,
equip and maintain fair or exposition grounds, convention or exhibition
centers, civic auditoriums, and office and municipal buildings, including
sites and parking areas and facilities therefor located within the metropolitan
area.
(b) To enter into contracts treating in any manner with the objects and
purposes of this Article.
(c) To plan for such grounds, centers and auditoriums and to plan,
sponsor, hold, arrange, and finance fairs, industrial, cultural,
educational, trade and scientific exhibits, shows and events and to use or
allow the use of such grounds, centers and auditoriums for the holding of
fair, exhibits, shows and events, whether conducted by the Authority or
some other person or governmental agency.
(d) To exercise the right of eminent domain to acquire sites for such
grounds, centers, building and auditoriums, and parking areas and
facilities in the manner provided for the exercise of the right to eminent
domain under the Eminent Domain Act.
(e) To fix and collect just, reasonable and nondiscriminatory charges
and rents for the use of such parking areas and facilities, grounds,
centers, buildings and auditoriums, and to collect admission charges to
fairs, shows, exhibits and events sponsored or held by the Authority. The
charges collected may be made available to defray the reasonable expenses
of the Authority and to pay the principal of and the interest on any bonds
issued by the Authority.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 200/155-17) Sec. 155-17. Eminent domain. Notwithstanding any other provision of this Article, any power granted under this Article 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 200/155-18)
Sec. 155-18.
Acquisition of property; grants, loans and
appropriations.
The Authority shall have the power (i) to acquire and accept by purchase,
lease,
gift or otherwise any property or rights from any person or governmental
agency useful for its purposes, (ii) to apply for and accept
grants,
matching
grants, loans or appropriations from the State of Illinois or any agency
or instrumentality thereof to be used for any of the purposes of the Authority,
and (iii) to enter into any agreement with the State of Illinois or any
governmental
agency in relation to such grants, matching grants, loans or appropriations.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-20)
Sec. 155-20.
State and municipal financial support.
(a) The Authority
created by this Article shall receive financial support from the State in the
amounts provided for in Section 4 of the Metropolitan Civic Center Support
Act, as now or hereafter amended.
Notwithstanding anything to the contrary, the Authority's base sum of State
financial support under subdivision (3)(a)(ii) of Section 4 of the Metropolitan
Civic
Center Support Act, as now or hereafter amended, shall be calculated by
using the multiplier contained in
that Act times the total assessed valuation, as equalized by the Department
of Revenue, of all taxable property located within the metropolitan area of
the Authority for the year 1987.
(b) The Authority created by this Article may receive financial support from
any municipality in order for the Authority to undertake any of its
authorized rights and powers. Any municipality, both within and outside of
the metropolitan area, is authorized to pay and to irrevocably pledge to
the Authority or the holders of any bonds issued and sold by the Authority
pursuant to this Article any or all of its existing and future revenues derived
from its imposition of a tax upon all persons engaged in such municipality
in the business of renting, leasing or renting rooms in a hotel, as defined
in the Hotel Operator's Occupation Tax Act, as now or hereafter amended,
provided such municipality
determines, in its discretion, that such payment or pledge shall assist in,
among other things, attracting nonresident, overnight visitors to that
municipality.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-25)
Sec. 155-25.
Power to borrow money; bonds; issuance
and sale. The
Authority shall have continuing power to borrow money for the purpose of
carrying out and performing its duties and exercising its powers under this
Article.
For the purpose of evidencing the obligation of the Authority to repay
any money borrowed as aforesaid, the Authority may, pursuant to an
ordinance
adopted by the Board, from time to time issue and sell its revenue bonds,
and may also from time to time issue and sell its revenue bonds to refund
or advance refund any bonds. All such bonds shall be payable solely from
the revenues or income to be derived from the fairs, expositions,
exhibitions, rentals and leases and other authorized activities operated by
the Authority, and from funds, if any,
received and to be received by the Authority or pledged as security for
such bonds from any other source. Such bonds may bear such date or dates,
may mature at such time or times not exceeding 40 years from their
respective date, may bear interest at such rate or rates, may be in such
form, may carry such conversion, registration and exchange privileges, may
be subject to defeasance on such terms, 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 and may contain such terms and covenants, all as may be
provided in the ordinance. In case any officer whose signature appears on
any bond ceases (after attaching his or her signature) to hold office, his
or her signature shall nevertheless be valid and effective for all purposes.
The
holder or holders of any bonds, or interest coupons appertaining thereto,
issued by
the Authority may bring mandamus, injunction, or other civil actions or proceedings
to compel the performance and observance by the Authority or any of its
officers, agents or employees of any contract or covenant made by
the Authority
with the holders of such bonds or interest coupons, to compel the
Authority
and any of its officers, agents or employees
to perform any duties required to be performed for the benefit of the holders
of any such bonds or interest coupons by the provisions of the ordinance
authorizing their issuance, and to enjoin the Authority and any of its
officers,
agents or employees from taking any action in conflict with any such contract
or covenant.
Notwithstanding the form and tenor of any such bonds and in the absence
of any express recital on the face thereof that it is nonnegotiable, all
such bonds shall be negotiable instruments under the Uniform Commercial
Code, as now or hereafter amended.
From and after the issuance of any bonds as herein provided it shall be
the duty of the corporate authorities of the Authority to fix and establish
rates, charges, rents, and fees for the use of facilities acquired,
constructed, reconstructed, extended or improved with the proceeds of the
sale of said bonds sufficient at all times, with other revenues of the Authority, to pay:
(a) the cost of leasing, maintaining, repairing, regulating and
operating the facilities; and
(b) the bonds and interest thereon as they shall become due, and all
sinking fund requirements and other requirements provided by the ordinance
authorizing the issuance of the bonds or as provided by any trust agreement
executed to secure payment thereof.
To secure the payment of any or all of such bonds and for the purpose of
setting forth the covenants and undertakings of the Authority in connection
with the issuance thereof and the issuance of any additional bonds payable
from such revenue to be derived from the fairs, recreational, theatrical or
cultural expositions, sport activities, exhibitions, office rentals, and
air space leases and rentals, and other revenue, if any, the Authority may
execute and deliver a trust agreement or agreements; provided that no lien
upon any physical property of the Authority shall be created thereby.
A remedy for any breach or default of the terms of any such trust
agreement by the Authority may be by mandamus, injunction, or other civil
actions
or proceedings in any court of competent jurisdiction to compel
performance and compliance therewith, but the trust agreement may prescribe
by whom or on whose behalf such action may be instituted.
The Authority shall have the right to sell its bonds by negotiated sale
or pursuant to advertisement and sealed bid.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-30)
Sec. 155-30.
Bonds; nature of indebtedness.
Under no
circumstances
shall any bonds issued by the Authority under Section 155-25 be or
become an
indebtedness or obligation of the State of Illinois or any unit of local
government (other than the Authority) or school district within the State,
nor shall any such bond or obligation be or become an indebtedness of the
Authority within the purview of any constitutional limitation or provision,
and it shall be plainly stated on the face of each such bond that it does
not constitute such an indebtedness or obligation but is payable solely
from revenues or income.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-32)
Sec. 155-32.
Investments in bonds.
The
State and all counties,
cities, villages, incorporated towns and other units of local government
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, and 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 Article.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-35)
Sec. 155-35.
Elections; general obligation bonds; form
of ballot. No
bonds other than revenue bonds issued pursuant to Section 155-25
shall be
issued by the Authority until a proposition to issue the same has been
submitted to and approved by a majority of the voters of said metropolitan
area voting upon the proposition at a general election in accordance with
the general election law. The Authority may by resolution order such
proposition submitted at a regular election in accordance with the general
election law, whereupon the recording officer shall certify the resolution
and the proposition to the proper election officials for submission. Any
proposition to issue bonds as herein set forth shall be in substantially
the following form:
Shall general obligationbonds of the MattesonMetropolitan Civic Center YESAuthority to the amount of.....................Dollars($........) be issued for the purpose of .............and shall annual taxes beauthorized to be levied NOon all taxable propertywithin the metropolitan areato pay such bond?
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-40)
Sec. 155-40.
Bonds; principal and interest payments;
taxation.
If a majority of the voters of said metropolitan area approve the
issuance of bonds as provided in Section 155-35, the
Authority
shall have power to issue general obligation bonds, pledge its full faith
and credit to the payment thereof and levy taxes sufficient to pay for the
annual principal and interest charges on such bonds. Such bonds may bear
such date or dates, may mature at such time or times not exceeding 40 years
from their respective date, may bear interest at such rate or rates, may be
in such form, may carry such conversion, registration and exchange privileges,
may be subject to defeasance upon such terms, 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 sold by negotiated sale or pursuant
to advertisement and sealed bid, and may contain such terms and covenants,
all as may be provided by the Authority.
Such taxes proposed by the Authority to be levied upon the taxable
property within the metropolitan area shall be levied by ordinance and be
unlimited as to rate and amount.
A certified copy of such levy ordinance shall be filed with the county
clerk, and thereupon the county clerk shall extend such tax in each year as
provided in such ordinance and in accordance with law.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-45)
Sec. 155-45.
Board created.
The governing and administrative body of the Authority shall be a Board
consisting of 7 members and shall be known as the Matteson Metropolitan
Civic Center Board.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-50)
Sec. 155-50.
Members; terms; oath.
Membership on the Board shall consist of those persons duly elected to
serve on the Matteson Village Board of Trustees. Terms for members of the
Board of the Authority shall coincide with their respective terms of office
as members of the Matteson Village Board of Trustees. 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. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-55)
Sec. 155-55.
Contracts.
All contracts for
sale of property of the value of more than $10,000, or for a concession in
or lease of property, including air rights, of the Authority for a term of
more than one year, shall be awarded to the highest responsible bidder,
after advertising for bids. All construction contracts and contracts for
supplies, materials, equipment and services, when the expense thereof will
exceed $10,000, shall be let to the lowest responsible bidder, after
advertising for bids, except: (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished or
contracted for; (2) when the nature of the services required is such that
competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of
accountants, architects, attorneys, engineers, financial advisors,
investment bankers, physicians, superintendents of construction, and others
possessing a high degree of skill; and (3) when services such as water,
light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to ensure the best
interests of the public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contract be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of
purchase or
expenditure) unless authorized or approved by a vote of at least 5 of
the
members of the Board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be
kept on file in the principal office of the
Authority and open to public inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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(70 ILCS 200/155-60)
Sec. 155-60.
Report; financial statement.
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 its operations and of its assets and liabilities. A
reasonably sufficient number of copies of such report shall be printed for
distribution to persons interested upon request, and a copy thereof shall
be filed with the county clerk and the Village President of Matteson.
(Source: P.A. 90-328, eff. 1-1-98.)
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(70 ILCS 200/155-65)
Sec. 155-65.
Standard civic center provisions incorporated by reference.
The following Sections of this Code are incorporated by reference into this
Article:
Section 2-5. Definitions.
Section 2-10. Lawsuits; common seal.
Section 2-17. Duties; auditorium and other buildings.
Section 2-25. Incurring obligations.
Section 2-30. Prompt payment.
Section 2-40. Federal money.
Section 2-45. Insurance.
Section 2-75. Board members; financial matters; conflict of interest.
Section 2-90. Organization of the Board.
Section 2-96. Meetings; action by 4 Board members.
Section 2-101. Secretary; treasurer; funds deposited in bank or savings and
loan association.
Section 2-106. Funds; compliance with Public Funds Investment Act.
Section 2-110. Signatures on checks or drafts.
Section 2-115. General manager; other appointments.
Section 2-120. Ordinances, rules, and regulations; fines and penalties.
Section 2-130. Bids and advertisements.
Section 2-145. Anti-trust laws.
Section 2-150. Tax exemption.
(Source: P.A. 90-328, eff. 1-1-98.)
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