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90_HB0235enr
New Act
SEE INDEX
Creates the Civic Center Code. Replaces existing Acts
creating civic center authorities in various locations in the
State (except for the Metropolitan Pier and Exposition
Authority in Chicago). Sets forth the authorization for each
civic center authority in a separate Article of the Code.
Sets forth standard civic center provisions common to several
civic center authorities and incorporates the standard
provisions by reference into the Articles authorizing those
civic center authorities. Repeals the various civic center
Acts that are continued in the Code. Makes no substantive
changes.
LRB9000879DJcd
HB0235 Enrolled LRB9000879DJcd
1 AN ACT concerning civic centers.
2 WHEREAS, Codification of laws relating to civic centers
3 will achieve the goals of (i) consolidating the many laws
4 relating to civic centers; (ii) updating the often obsolete
5 language currently in use in these many laws; (iii)
6 incorporating uniform terminology that will ensure a
7 constancy of understanding and interpretation of these laws;
8 and (iv) eliminating the need for duplicative language
9 throughout these laws; and
10 WHEREAS, The Illinois General Assembly seeks to achieve
11 these goals by consolidating the many civic center laws of
12 Illinois into a Civic Center Code, without making any
13 substantive changes in the meaning, effect, or application of
14 those laws; and
15 WHEREAS, Because this Act is a codification of existing
16 law, the following matters of form are used:
17 (a) in Articles 5 through 280, the parenthetic citation
18 before a Section in the form "(from XX ILCS XX/XX)" (i) is an
19 informational reference to the prior law from which the
20 Section is derived and (ii) is not part of the text of the
21 law;
22 (b) in Articles 5 through 280, in the text of a Section,
23 (i) matter that is stricken indicates a deletion from the
24 prior law and (ii) matter that is underscored indicates an
25 addition to the prior law; and
26 (c) in Articles 5 through 280, the parenthetic citation
27 after a Section in the form "(Source: P.A. XX-XXXX)" (i) is
28 an informational reference to the most recent sources of the
29 continued text in the Session Laws of Illinois and (ii) is
30 not part of the law; therefore
31 Be it enacted by the People of the State of Illinois,
32 represented in the General Assembly:
HB0235 Enrolled -2- LRB9000879DJcd
1 ARTICLE 1.
2 SHORT TITLE
3 Section 1-1. Short title. This Act may be cited as the
4 Civic Center Code.
5 ARTICLE 2.
6 STANDARD CIVIC CENTER PROVISIONS
7 Section 2-1. Scope of Article. This Article sets forth
8 standard provisions that apply to a civic center authority
9 only when the specific Section of this Article is
10 incorporated by reference into the Article authorizing that
11 civic center.
12 Section 2-3. Purpose. The purpose of this Article is to
13 accomplish the aims of the State of Illinois to enhance the
14 ability of its citizens to avail themselves of civic and
15 cultural centers geographically situated throughout the
16 entire State of Illinois.
17 Section 2-5. Definitions. In this Article:
18 "Authority" means the Authority as defined in the Article
19 creating the Authority, except that in the case of provisions
20 incorporated by reference into Article 25, in the context of
21 that incorporation by reference "Authority" means the
22 Committee as defined in Article 25.
23 "Governmental agency" means the federal government, the
24 State, any unit of local government or school district, and
25 any agency or instrumentality thereof.
26 "Person" means any individual, firm, partnership,
27 corporation, company, association or joint stock association;
28 and includes any trustee, receiver, assignee or personal
29 representative thereof.
HB0235 Enrolled -3- LRB9000879DJcd
1 "Board" means the governing and administrative body of
2 the Authority as defined in the Article creating the
3 Authority, except that in the case of provisions incorporated
4 by reference into Article 25, in the context of that
5 incorporation by reference "Board" means the Committee as
6 defined in Article 25.
7 "Metropolitan area", for an Authority created under this
8 Act, means the metropolitan area for the Authority as defined
9 in the Article creating the Authority.
10 Section 2-10. Lawsuits; common seal.
11 (a) The Authority may sue and be sued in its corporate
12 name but execution shall not in any case issue against any
13 property of the Authority.
14 (b) The Authority may adopt a common seal and change the
15 same at its pleasure.
16 Section 2-15. Duties; auditorium, recreational, and other
17 buildings; lease of space. It shall be the duty of the
18 Authority to promote, operate and maintain expositions,
19 conventions, and theatrical, sports and cultural activities
20 from time to time in the metropolitan area and in connection
21 therewith to arrange, finance and maintain industrial,
22 cultural, educational, theatrical, sports, trade and
23 scientific exhibits and to construct, equip and maintain
24 auditorium, exposition, recreational and office buildings for
25 such purposes.
26 The provision of office space for lease and rental and
27 the lease of air space over and appurtenant to such
28 structures shall be deemed an integral function of the
29 Authority.
30 The Authority is granted all rights and powers necessary
31 to perform such duties.
HB0235 Enrolled -4- LRB9000879DJcd
1 Section 2-16. Duties; auditorium and other buildings;
2 lease of space. It shall be the duty of the Authority to
3 promote, operate and maintain expositions, conventions, and
4 theatrical, sports and cultural activities from time to time
5 in the metropolitan area and in connection therewith to
6 arrange, finance and maintain industrial, cultural,
7 educational, theatrical, sports, trade and scientific
8 exhibits and to construct, equip and maintain auditorium,
9 exposition and office buildings for such purposes.
10 The provision of office space for rental and lease and
11 the lease of air space over and appurtenant to such
12 structures shall be deemed an integral function of the
13 Authority.
14 The Authority is granted all rights and powers necessary
15 to perform such duties.
16 Section 2-17. Duties; auditorium and other buildings. It
17 shall be the duty of the Authority to promote, operate and
18 maintain expositions, conventions, or theatrical, sports or
19 cultural activities from time to time in the metropolitan
20 area and in connection therewith to arrange, finance and
21 maintain industrial, cultural, educational, theatrical,
22 sports, trade or scientific exhibits and to lease or
23 construct, equip and maintain auditoriums, exposition
24 buildings or office buildings for such purposes.
25 The Authority is granted all rights and powers necessary
26 to perform such duties.
27 Section 2-20. Rights and powers, including eminent
28 domain. The Authority shall have the following rights and
29 powers:
30 (a) To acquire, purchase, own, construct, lease as
31 lessee or in any other way acquire, improve, extend, repair,
32 reconstruct, regulate, operate, equip and maintain exhibition
HB0235 Enrolled -5- LRB9000879DJcd
1 centers, civic auditoriums, cultural facilities and office
2 buildings, including sites and parking areas and commercial
3 facilities therefor located within the metropolitan area;
4 (b) To plan for such grounds, centers and auditoriums
5 and to plan, sponsor, hold, arrange and finance fairs,
6 industrial, cultural, educational, trade and scientific
7 exhibits, shows and events and to use or allow the use of
8 such grounds, centers, and auditoriums for the holding of
9 fairs, exhibits, shows and events whether conducted by the
10 Authority or some other person or governmental agency;
11 (c) To exercise the right of eminent domain to acquire
12 sites for such grounds, centers, buildings and auditoriums,
13 and parking areas and facilities in the manner provided for
14 the exercise of the right of eminent domain under Article VII
15 of the Code of Civil Procedure, as amended;
16 (d) To fix and collect just, reasonable and
17 nondiscriminatory charges and rents for the use of such
18 parking areas and facilities, grounds, centers, buildings and
19 auditoriums and admission charges to fairs, shows, exhibits
20 and events sponsored or held by the Authority. The charges
21 collected may be made available to defray the reasonable
22 expenses of the Authority and to pay the principal of and the
23 interest on any bonds issued by the Authority;
24 (e) To enter into contracts treating in any manner with
25 the objects and purposes of this Article.
26 Section 2-21. Rights and powers. The Authority shall have
27 the following rights and powers:
28 (a) To acquire, purchase, own, construct, lease as
29 lessee or in any other way acquire, improve, extend, repair,
30 reconstruct, regulate, operate, equip and maintain fair or
31 exposition grounds, convention or exhibition centers, civic
32 auditoriums, and office and municipal buildings, including
33 sites and parking areas and facilities therefor located
HB0235 Enrolled -6- LRB9000879DJcd
1 within the metropolitan area.
2 (b) To enter into contracts treating in any manner with
3 the objects and purposes of this Article.
4 (c) To plan for such grounds, centers and auditoriums
5 and to plan, sponsor, hold, arrange, and finance fairs,
6 industrial, cultural, educational, trade and scientific
7 exhibits, shows and events and to use or allow the use of
8 such grounds, centers and auditoriums for the holding of
9 fairs, exhibits, shows and events, whether conducted by the
10 Authority or some other person or governmental agency.
11 (d) To fix and collect just, reasonable and
12 nondiscriminatory charges and rents for the use of such
13 parking areas and facilities, grounds, centers, buildings and
14 auditoriums, and to collect admission charges to fairs,
15 shows, exhibits and events sponsored or held by the
16 Authority. The charges collected may be made available to
17 defray the reasonable expenses of the Authority and to pay
18 the principal of and the interest on any bonds issued by the
19 Authority.
20 Section 2-25. Incurring obligations. The Authority
21 shall not incur any obligations for salaries or for office or
22 administrative expenses except within the amounts of funds
23 that will be available to it when such obligations become
24 payable.
25 Section 2-30. Prompt payment. Purchases made under this
26 Article shall be made in compliance with the Local Government
27 Prompt Payment Act.
28 Section 2-35. Acquisition of property from person,
29 State, or local agency. The Authority shall have power (i)
30 to acquire and accept by purchase, lease, gift or otherwise
31 any property or rights useful for the Authority's purposes
HB0235 Enrolled -7- LRB9000879DJcd
1 from any person or persons, from any municipal corporation,
2 body politic, or agency of the State, or from the State
3 itself, (ii) to apply for and accept grants, matching
4 grants, loans or appropriations from the State of Illinois or
5 any agency or instrumentality thereof to be used for any of
6 the purposes of the Authority, and (iii) to enter into any
7 agreement with the State of Illinois in relation to such
8 grants, matching grants, loans or appropriations.
9 Section 2-36. Acquisition of property from person or
10 governmental agency. The Authority shall have the power (i)
11 to acquire and accept by purchase, lease, gift or otherwise
12 any property or rights from any person or governmental agency
13 useful for its purposes, (ii) to apply for and accept grants,
14 matching grants, loans or appropriations from the State of
15 Illinois or any agency or instrumentality thereof to be used
16 for any of the purposes of the Authority, and (iii) to enter
17 into any agreement with the State of Illinois in relation to
18 such grants, matching grants, loans or appropriations.
19 Section 2-40. Federal money. The Authority shall have
20 the power (i) to apply for and accept grants, matching
21 grants, loans or appropriations from the federal government
22 or any agency or instrumentality thereof to be used for any
23 of the purposes of the Authority and (ii) to enter into any
24 agreement with the federal government in relation to such
25 grants, matching grants, loans or appropriations.
26 Section 2-45. Insurance. The Authority shall have the
27 power to procure and enter into contracts for any type of
28 insurance and indemnity against loss or damage to property
29 from any cause, against loss of use and occupancy, against
30 employers' liability, against any act of any member, officer,
31 or employee of the Board or Authority in the performance of
HB0235 Enrolled -8- LRB9000879DJcd
1 the duties of the office or employment, and against any other
2 insurable risk.
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance. The Authority shall have continuing power to
5 borrow money for the purpose of carrying out and performing
6 its duties and exercising its powers under this Article.
7 For the purpose of evidencing the obligation of the
8 Authority to repay any money borrowed as aforesaid, the
9 Authority may, pursuant to an ordinance adopted by the Board,
10 from time to time issue and dispose of its interest bearing
11 revenue bonds, and may also from time to time issue and
12 dispose of its interest bearing revenue bonds to refund any
13 bonds at maturity or pursuant to redemption provisions or at
14 any time before maturity with the consent of the holders
15 thereof. All such bonds shall be payable solely from the
16 revenues or income to be derived from the fairs, expositions,
17 exhibitions, rentals and leases and other authorized
18 activities operated by it, and from funds, if any, received
19 and to be received by the Authority from any other source.
20 Such bonds may bear such date or dates, may mature at such
21 time or times not exceeding 40 years from their respective
22 dates, may bear interest at such rate or rates not exceeding
23 the maximum rate permitted by the Bond Authorization Act, may
24 be in such form, may carry such registration privileges, may
25 be executed in such manner, may be payable at such place or
26 places, may be made subject to redemption in such manner and
27 upon such terms, with or without premium as is stated on the
28 face thereof, may be executed in such manner, and may contain
29 such terms and covenants, all as may be provided in said
30 ordinance. In case any officer whose signature appears on any
31 bond ceases (after attaching his signature) to hold office,
32 his signature shall nevertheless be valid and effective for
33 all purposes. The holder or holders of any bonds or interest
HB0235 Enrolled -9- LRB9000879DJcd
1 coupons appertaining thereto issued by the Authority may
2 bring suits at law or proceedings in equity to compel the
3 performance and observance by the Authority or any of its
4 officers, agents or employees of any contract or covenant
5 made by the Authority with the holders of such bonds or
6 interest coupons, to compel the Authority or any of its
7 officers, agents or employees to perform any duties required
8 to be performed for the benefit of the holders of any such
9 bonds or interest coupons by the provisions of the ordinance
10 authorizing their issuance, and to enjoin the Authority and
11 any of its officers, agents or employees from taking any
12 action in conflict with any such contract or covenant.
13 Notwithstanding the form and tenor of any such bonds and
14 in the absence of any express recital on the face thereof
15 that it is non-negotiable, all such bonds shall be negotiable
16 instruments under the Uniform Commercial Code.
17 From and after the issuance of any bonds as herein
18 provided it shall be the duty of the corporate authorities of
19 the Authority to fix and establish rates, charges, rents, and
20 fees for the use of facilities acquired, constructed,
21 reconstructed, extended or improved with the proceeds of the
22 sale of said bonds sufficient at all times, with other
23 revenues of the Authority, to pay:
24 (a) the cost of maintaining, repairing, regulating and
25 operating the said facilities; and
26 (b) the bonds and interest thereon as they shall become
27 due, and all sinking fund requirements and other requirements
28 provided by the ordinance authorizing the issuance of the
29 bonds or as provided by any trust agreement executed to
30 secure payment thereof.
31 To secure the payment of any or all of such bonds and for
32 the purpose of setting forth the covenants and undertakings
33 of the Authority in connection with the issuance thereof and
34 the issuance of any additional bonds payable from such
HB0235 Enrolled -10- LRB9000879DJcd
1 revenue income to be derived from the fairs, recreational,
2 theatrical, and cultural expositions, sports activities,
3 exhibitions, office rentals, and air space leases and rentals
4 and from other revenue, if any, the Authority may execute and
5 deliver a trust agreement or agreements; provided that no
6 lien upon any physical property of the Authority shall be
7 created thereby.
8 A remedy for any breach or default of the terms of any
9 such trust agreement by the Authority may be by mandamus
10 proceedings in any court of competent jurisdiction to compel
11 performance and compliance therewith, but the trust agreement
12 may prescribe by whom or on whose behalf such action may be
13 instituted.
14 Before any such bonds (excepting refunding bonds) are
15 sold, the entire authorized issue, or any part thereof, shall
16 be offered for sale as a unit after advertising for bids at
17 least 3 times in a daily newspaper of general circulation
18 published in the metropolitan area, the last publication to
19 be at least 10 days before bids are required to be filed.
20 Copies of such advertisement may be published in any
21 newspaper or financial publication in the United States. All
22 bids shall be sealed, filed and opened as provided by
23 ordinance and the bonds shall be awarded to the highest and
24 best bidder or bidders therefor. The Authority shall have
25 the right to reject all bids and to readvertise for bids in
26 the manner provided for in the initial advertisement.
27 However, if no bids are received such bonds may be sold at
28 not less than par value, without further advertising, within
29 60 days after the bids are required to be filed pursuant to
30 any advertisement.
31 Section 2-51. Borrowing; revenue bonds; mandamus or other
32 actions to compel performance. The Authority shall have
33 continuing power to borrow money for the purpose of carrying
HB0235 Enrolled -11- LRB9000879DJcd
1 out and performing its duties and exercising its powers under
2 this Article.
3 For the purpose of evidencing the obligation of the
4 Authority to repay any money borrowed as aforesaid, the
5 Authority may, pursuant to an ordinance adopted by the Board,
6 from time to time issue and dispose of its interest bearing
7 revenue bonds, and may also from time to time issue and
8 dispose of its interest bearing revenue bonds to refund any
9 bonds at maturity or pursuant to redemption provisions or at
10 any time before maturity with the consent of the holders
11 thereof. All such bonds shall be payable solely from the
12 revenues or income to be derived from the fairs, expositions,
13 exhibitions, rentals and leases and other authorized
14 activities operated by the Authority, and from funds, if any,
15 received and to be received by the Authority from any other
16 source. Such bonds may bear such date or dates, may mature
17 at such time or times not exceeding 40 years from their
18 respective dates, may bear interest at such rate or rates,
19 not exceeding the maximum rate permitted by the Bond
20 Authorization Act, may be in such form, may carry such
21 registration privileges, may be executed in such manner, may
22 be payable at such place or places, may be made subject to
23 redemption in such manner and upon such terms, with or
24 without premium as is stated on the face thereof, may be
25 executed in such manner and may contain such terms and
26 covenants, all as may be provided in the ordinance. In case
27 any officer whose signature appears on any bond ceases (after
28 attaching his signature) to hold office, his signature shall
29 nevertheless be valid and effective for all purposes. The
30 holder or holders of any bonds, or interest coupons
31 appertaining thereto, issued by the Authority may bring
32 mandamus, injunction, or other civil actions or proceedings
33 to compel the performance and observance by the Authority or
34 any of its officers, agents or employees of any contract or
HB0235 Enrolled -12- LRB9000879DJcd
1 covenant made by the Authority with the holders of such bonds
2 or interest coupons, to compel the Authority and any of its
3 officers, agents or employees to perform any duties required
4 to be performed for the benefit of the holders of any such
5 bonds or interest coupons by the provisions of the ordinance
6 authorizing their issuance, and to enjoin the Authority and
7 any of its officers, agents or employees from taking any
8 action in conflict with any such contract or covenant.
9 Notwithstanding the form and tenor of any such bonds and
10 in the absence of any express recital on the face thereof
11 that it is non-negotiable, all such bonds shall be negotiable
12 instruments under the Uniform Commercial Code.
13 From and after the issuance of any bonds as herein
14 provided it shall be the duty of the corporate authorities of
15 the Authority to fix and establish rates, charges, rents, and
16 fees for the use of facilities acquired, constructed,
17 reconstructed, extended or improved with the proceeds of the
18 sale of said bonds sufficient at all times, with other
19 revenues of the Authority, to pay:
20 (a) the cost of leasing, maintaining, repairing,
21 regulating and operating the facilities; and
22 (b) the bonds and interest thereon as they shall become
23 due, and all sinking fund requirements and other requirements
24 provided by the ordinance authorizing the issuance of the
25 bonds or as provided by any trust agreement executed to
26 secure payment thereof.
27 To secure the payment of any or all of such bonds and for
28 the purpose of setting forth the covenants and undertakings
29 of the Authority in connection with the issuance thereof and
30 the issuance of any additional bonds payable from such
31 revenue income to be derived from the fairs, recreational,
32 theatrical or cultural expositions, sport activities,
33 exhibitions, office rentals, and air space leases and
34 rentals, and other revenue, if any, the Authority may execute
HB0235 Enrolled -13- LRB9000879DJcd
1 and deliver a trust agreement or agreements; provided that no
2 lien upon any physical property of the Authority shall be
3 created thereby.
4 A remedy for any breach or default of the terms of any
5 such trust agreement by the Authority may be by mandamus,
6 injunction, or other civil actions or proceedings in any
7 court of competent jurisdiction to compel performance and
8 compliance therewith, but the trust agreement may prescribe
9 by whom or on whose behalf such action may be instituted.
10 Before any such bonds (excepting refunding bonds) are
11 sold, the entire authorized issue, or any part thereof, shall
12 be offered for sale as a unit after advertising for bids at
13 least 3 times in a daily newspaper of general circulation
14 published in the metropolitan area, the last publication to
15 be at least 10 days before bids are required to be filed.
16 Copies of such advertisement may be published in any
17 newspaper or financial publication in the United States. All
18 bids shall be sealed, filed and opened as provided by
19 ordinance and the bonds shall be awarded to the highest and
20 best bidder or bidders therefor. The Authority shall have
21 the right to reject all bids and readvertise for bids in the
22 manner provided for in the initial advertisement. However,
23 if no bids are received such bonds may be sold at not less
24 than par value, without further advertising, within 60 days
25 after the bids are required to be filed pursuant to any
26 advertisement.
27 Section 2-52. Borrowing; revenue bonds; interest payable
28 semi-annually; bond sale price; effect of Omnibus Bond Acts.
29 The Authority shall have continuing power to borrow money for
30 the purpose of carrying out and performing its duties and
31 exercising its powers under this Article.
32 For the purpose of evidencing the obligation of the
33 Authority to repay any money borrowed as aforesaid, the
HB0235 Enrolled -14- LRB9000879DJcd
1 Authority may, pursuant to an ordinance adopted by the Board,
2 from time to time issue and dispose of its interest bearing
3 revenue bonds, and may also from time to time issue and
4 dispose of its interest bearing revenue bonds to refund any
5 bonds at maturity or pursuant to redemption provisions or at
6 any time before maturity with the consent of the holders
7 thereof. All such bonds shall be payable solely from the
8 revenues or income to be derived from the fairs, expositions,
9 exhibitions, rentals and leases and other authorized
10 activities operated by it, and from funds, if any, received
11 and to be received by the Authority from any other source.
12 Such bonds may bear such date or dates, may mature at such
13 time or times not exceeding 40 years from their respective
14 dates, may bear interest at such rate or rates, not exceeding
15 the maximum rate authorized by the Bond Authorization Act, as
16 amended at the time of the making of the contract, payable
17 semi-annually, may be in such form, may carry such
18 registration privileges, may be executed in such manner, may
19 be payable at such place or places, may be made subject to
20 redemption in such manner and upon such terms, with or
21 without premium as is stated on the face thereof, may be
22 executed in such manner and may contain such terms and
23 covenants, all as may be provided in said ordinance. In case
24 any officer whose signature appears on any bond ceases (after
25 attaching his signature) to hold office, his signature shall
26 nevertheless be valid and effective for all purposes. The
27 holder or holders of any bonds, or interest coupons
28 appertaining thereto issued by the Authority may bring
29 mandamus, injunction, or other civil actions or proceedings
30 to compel the performance and observance by the Authority or
31 any of its officers, agents or employees of any contract or
32 covenant made by the Authority with the holders of such bonds
33 or interest coupons, to compel the Authority and any of its
34 officers, agents or employees to perform any duties required
HB0235 Enrolled -15- LRB9000879DJcd
1 to be performed for the benefit of the holders of any such
2 bonds or interest coupons by the provisions of the ordinance
3 authorizing their issuance, and to enjoin the Authority and
4 any of its officers, agents or employees from taking any
5 action in conflict with any such contract or covenant.
6 Notwithstanding the form and tenor of any such bonds and
7 in the absence of any express recital on the face thereof
8 that it is non-negotiable, all such bonds shall be negotiable
9 instruments under the Uniform Commercial Code.
10 The bonds shall be sold by the corporate authorities of
11 the Authority in such manner as said corporate authorities
12 shall determine, except that if issued to bear interest at
13 the maximum rate authorized by the Bond Authorization Act, as
14 amended at the time of the making of the contract, the bonds
15 shall be sold for not less than par and accrued interest and
16 except that the selling price of bonds bearing interest at a
17 rate of less than the maximum rate authorized by the Bond
18 Authorization Act, as amended at the time of the making of
19 the contract, shall be such that the interest cost to the
20 Authority of the money received from the sale of bonds shall
21 not exceed the maximum rate authorized by the Bond
22 Authorization Act, as amended at the time of the making of
23 the contract, computed to absolute maturity of said bonds or
24 certificates according to standard tables of bond values.
25 From and after the issuance of any bonds as herein
26 provided it shall be the duty of the corporate authorities of
27 the Authority to fix and establish rates, charges, rents, and
28 fees for the use of facilities acquired, constructed,
29 reconstructed, extended or improved with the proceeds of the
30 sale of said bonds sufficient at all times, with other
31 revenues of the Authority to pay:
32 (a) the cost of maintaining, repairing, regulating and
33 operating the said facilities; and
34 (b) the bonds and interest thereon as they shall become
HB0235 Enrolled -16- LRB9000879DJcd
1 due, and all sinking fund requirements and other requirements
2 provided by the ordinance authorizing the issuance of the
3 bonds or as provided by any trust agreement executed to
4 secure payment thereof.
5 To secure the payment of any or all of such bonds and for
6 the purpose of setting forth the covenants and undertakings
7 of the Authority in connection with the issuance thereof and
8 the issuance of any additional bonds payable from such
9 revenue income to be derived from the fairs, recreational,
10 theatrical, cultural, expositions, sport activities,
11 exhibitions, office rentals, and air space leases and
12 rentals, and other revenue, if any, the Authority may execute
13 and deliver a trust agreement or agreements; provided that no
14 lien upon any physical property of the Authority shall be
15 created thereby.
16 A remedy for any breach or default of the terms of any
17 such trust agreement by the Authority may be by mandamus,
18 injunction, or other civil actions or proceedings in any
19 court of competent jurisdiction to compel performance and
20 compliance therewith, but the trust agreement may prescribe
21 by whom or on whose behalf such action may be instituted.
22 Before any such bonds (excepting refunding bonds) are
23 sold the entire authorized issue, or any part thereof, shall
24 be offered for sale as a unit after advertising for bids at
25 least 3 times in a daily newspaper of general circulation
26 published in the metropolitan area, the last publication to
27 be at least 10 days before bids are required to be filed.
28 Copies of such advertisement may be published in any
29 newspaper or financial publication in the United States. All
30 bids shall be sealed, filed and opened as provided by
31 ordinance and the bonds shall be awarded to the highest and
32 best bidder or bidders therefor. The Authority shall have the
33 right to reject all bids and readvertise for bids in the
34 manner provided for in the initial advertisement. However, if
HB0235 Enrolled -17- LRB9000879DJcd
1 no bids are received such bonds may be sold at not less than
2 par value, without further advertising, within 60 days after
3 the bids are required to be filed pursuant to any
4 advertisement.
5 With respect to instruments for the payment of money
6 issued under this Section either before, on, or after the
7 effective date of Public Act 86-4, it is and always has been
8 the intention of the General Assembly (i) that the Omnibus
9 Bond Acts are and always have been supplementary grants of
10 power to issue instruments in accordance with the Omnibus
11 Bond Acts, regardless of any provision of this Article that
12 may appear to be or to have been more restrictive than those
13 Acts, (ii) that the provisions of this Section are not a
14 limitation on the supplementary authority granted by the
15 Omnibus Bond Acts, and (iii) that instruments issued under
16 this Section within the supplementary authority granted by
17 the Omnibus Bond Acts are not invalid because of any
18 provision of this Article that may appear to be or to have
19 been more restrictive than those Acts.
20 Section 2-55. Bonds; nature of indebtedness. Under no
21 circumstances shall any bonds issued by the Authority be or
22 become an indebtedness or obligation of the State of Illinois
23 or of any political subdivision of or municipality within the
24 State, nor shall any such bond or obligation be or become an
25 indebtedness of the Authority within the purview of any
26 constitutional limitation or provision, and it shall be
27 plainly stated on the face of each such bond that it does not
28 constitute such an indebtedness or obligation but is payable
29 solely from the revenues or income as provided in this
30 Article.
31 Section 2-60. Investment in bonds. The State and all
32 counties, cities, villages, incorporated towns and other
HB0235 Enrolled -18- LRB9000879DJcd
1 municipal corporations, political subdivisions and public
2 bodies, and public officers of any thereof; all banks,
3 bankers, trust companies, savings banks and institutions,
4 building and loan associations, savings and loan
5 associations, investment companies and other persons carrying
6 on an insurance business; and all executors, administrators,
7 guardians, trustees and other fiduciaries may legally invest
8 any sinking funds, moneys or other funds belonging to them or
9 within their control in any bonds issued pursuant to this
10 Article, it being the purpose of this Section to authorize
11 the investment in such bonds of all sinking, insurance,
12 retirement, compensation, pension and trust funds, whether
13 owned or controlled by private or public persons or officers;
14 provided, however, that nothing contained in this Section may
15 be construed as relieving any person from any duty of
16 exercising reasonable care in selecting securities for
17 investment.
18 Section 2-65. Bonds other than revenue bonds. No bonds,
19 other than revenue bonds issued pursuant to Section 2-50,
20 shall be issued by the Authority until the proposition to
21 issue the bonds has been submitted to and approved by a
22 majority of the voters of the metropolitan area voting upon
23 the proposition at a general election in accordance with the
24 general election law. The Authority may by resolution order
25 the proposition submitted at a regular election in accordance
26 with the general election law, whereupon the recording
27 officer shall certify the resolution and the proposition to
28 the proper election officials for submission. Any
29 proposition to issue bonds under this Section shall be in
30 substantially the following form:
31 Shall bonds of the (name of Authority) to the amount
32 of $(amount) be issued for the purpose of (state
33 purpose)?
HB0235 Enrolled -19- LRB9000879DJcd
1 The votes shall be recorded as "Yes" or "No".
2 Section 2-70. Tax. If a majority of the voters of the
3 metropolitan area approve the issuance of bonds as provided
4 in Section 2-65, the Authority shall have power to levy and
5 collect annually a sum sufficient to pay for the annual
6 principal and interest charges on such bonds.
7 Such taxes proposed by the Authority to be levied upon
8 the taxable property within the metropolitan area shall be
9 levied by ordinance. After the ordinance has been adopted it
10 shall, within 10 days after its passage, be published once in
11 a newspaper published and having a general circulation within
12 the metropolitan area. A certified copy of such levy
13 ordinance shall be filed with the county clerk no later than
14 the 3rd Tuesday in September in each year. Upon the filing of
15 the ordinance the county clerk shall extend such tax;
16 provided the aggregate amount of taxes levied for any one
17 year shall not exceed the rate of .0005% of the full fair
18 cash value, as equalized or assessed by the Department of
19 Revenue.
20 Section 2-75. Board members; financial matters; conflict
21 of interest. The members of the Board shall serve without
22 compensation, but shall be reimbursed for actual expenses
23 incurred by them in the performance of their duties.
24 No member of the Board or employee of the Authority shall
25 have any private financial interest, profit or benefit in any
26 contract, work or business of the Authority or in the sale or
27 lease of any property to or from the Authority.
28 Section 2-76. Board members; financial matters;
29 compensation for secretary or treasurer; conflict of
30 interest. The members of the Board shall serve without
31 compensation, but shall be reimbursed for actual expenses
HB0235 Enrolled -20- LRB9000879DJcd
1 incurred by them in the performance of their duties. However,
2 any member of the Board who is appointed to the office of
3 secretary or treasurer may receive compensation for his or
4 her services as such officer.
5 No member of the Board or employee of the Authority shall
6 have any private financial interest, profit or benefit in any
7 contract, work or business of the Authority or in the sale or
8 lease of any property to or from the Authority.
9 Section 2-80. Board members' oath. Within 30 days after
10 certification of appointment, and before entering upon the
11 duties of office, each member of the Board shall take and
12 subscribe the constitutional oath of office and file it in
13 the office of the Secretary of State.
14 Section 2-83. Removal of Board member from office. The
15 appointing officer may remove any member of the Board
16 appointed by the officer, in case of incompetency, neglect of
17 duty, or malfeasance in office, after service on the member,
18 by registered United States mail, return requested, of a copy
19 of the written charges against the member and an opportunity
20 to be publicly heard in person or by counsel in the member's
21 own defense upon not less than 10 days' notice.
22 Section 2-85. Board members; vacancy in office. Members
23 of the Board shall hold office until their respective
24 successors have been appointed and qualified. Any member may
25 resign from office; the resignation takes effect when the
26 member's successor has been appointed and has qualified.
27 In case of failure to qualify within the time required,
28 abandonment of office, death, conviction of a felony or
29 removal from office, a member's office shall become vacant.
30 Each vacancy shall be filled for the unexpired term by
31 appointment in like manner as in the case of expiration of
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1 the term of a member of the Board.
2 Section 2-90. Organization of the Board. As soon as
3 practicably possible after the appointment of the initial
4 members, the Board shall organize for the transaction of
5 business, select a chairman and a temporary secretary from
6 its own number, and adopt by-laws and regulations to govern
7 its proceedings. The initial chairman and his successors
8 shall be elected by the Board from time to time for the term
9 of the chairman's office as a member of the Board or for the
10 term of 3 years, whichever is shorter.
11 Section 2-95. Meetings; action by 5 Board members.
12 Regular meetings of the Board shall be held at least once in
13 each calendar month, the time and place of such meetings to
14 be fixed by the Board.
15 Five members of the Board shall constitute a quorum for
16 the transaction of business. All actions of the Board shall
17 be by ordinance or resolution and the affirmative vote of at
18 least 5 members shall be necessary for the adoption of any
19 ordinance or resolution.
20 All ordinances, resolutions and proceedings of the
21 Authority and all documents and records in its possession
22 shall be public records, and open to public inspection,
23 except such documents and records as shall be kept or
24 prepared by the Board for use in negotiations, actions or
25 proceedings to which the Authority is a party.
26 Section 2-96. Meetings; action by 4 Board members.
27 Regular meetings of the Board shall be held at least once in
28 each calendar month, the time and place of such meetings to
29 be fixed by the Board.
30 Four members of the Board shall constitute a quorum for
31 the transaction of business. All actions of the Board shall
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1 be by ordinance or resolution and the affirmative vote of at
2 least 4 members shall be necessary for the adoption of any
3 ordinance or resolution.
4 All ordinances, resolutions and proceedings of the
5 Authority and all documents and records in its possession
6 shall be public records, and open to public inspection,
7 except such documents and records as shall be kept or
8 prepared by the Board for use in negotiations, actions or
9 proceedings to which the Authority is a party.
10 Section 2-97. Board meetings; public records. Regular
11 meetings of the Board shall be held at least once in each
12 calendar month, the time and place of such meetings to be
13 fixed by the Board.
14 All ordinances, resolutions and proceedings of the
15 Authority and all documents and records in its possession
16 shall be public records, and open to public inspection,
17 except such documents and records as shall be kept or
18 prepared by the Board for use in negotiations, actions or
19 proceedings to which the Authority is a party.
20 Section 2-100. Secretary; treasurer. The Board shall
21 appoint a secretary and a treasurer, who need not be members
22 of the Board, to hold office during the pleasure of the Board
23 and shall fix their duties and compensation. Before entering
24 upon the duties of their respective offices they shall take
25 and subscribe the constitutional oath of office, and the
26 treasurer shall execute a bond with corporate sureties to be
27 approved by the Board. The bond shall be payable to the
28 Authority in whatever penal sum may be directed upon the
29 faithful performance of the duties of the office and the
30 payment of all money received by the treasurer according to
31 law and the orders of the Board. The Board may, at any time,
32 require a new bond from the treasurer in a penal sum as may
HB0235 Enrolled -23- LRB9000879DJcd
1 then be determined by the Board. The obligation of the
2 sureties shall not extend to any loss sustained by the
3 insolvency, failure or closing of any national or state bank
4 wherein the treasurer has deposited funds if the bank has
5 been approved by the Board as a depositary for those funds.
6 The oaths of office and the treasurer's bond shall be filed
7 in the principal office of the Authority.
8 Section 2-101. Secretary; treasurer; funds deposited in
9 bank or savings and loan association. The Board shall appoint
10 a secretary and a treasurer, who need not be members of the
11 Board, to hold office during the pleasure of the Board and
12 shall fix their duties and compensation. Before entering upon
13 the duties of their respective offices they shall take and
14 subscribe the constitutional oath of office, and the
15 treasurer shall execute a bond with corporate sureties to be
16 approved by the Board. The bond shall be payable to the
17 Authority in whatever penal sum may be directed upon the
18 faithful performance of the duties of the office and the
19 payment of all money received by the treasurer according to
20 law and the orders of the Board. The Board may, at any time,
21 require a new bond from the treasurer in such penal sum as
22 may then be determined by the Board. The obligation of the
23 sureties shall not extend to any loss sustained by the
24 insolvency, failure or closing of any savings and loan
25 association or national or State bank wherein the treasurer
26 has deposited funds if the bank or savings and loan
27 association has been approved by the Board as a depository
28 for those funds. The oaths of office and the treasurer's bond
29 shall be filed in the principal office of the Authority.
30 Section 2-105. Funds. All funds deposited by the
31 treasurer in any bank shall be placed in the name of the
32 Authority and shall be withdrawn or paid out only by check or
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1 draft upon the bank, signed by the treasurer and
2 countersigned by the chairman of the Board. The Board may
3 designate any of its members or any officer or employee of
4 the Authority to affix the signature of the chairman and
5 another to affix the signature of the treasurer to any check
6 or draft for payment of salaries or wages and for payment of
7 any other obligation of not more than $2,500.
8 Section 2-106. Funds; compliance with Public Funds
9 Investment Act. All funds deposited by the treasurer in any
10 bank or savings and loan association shall be placed in the
11 name of the Authority and shall be withdrawn or paid out only
12 by check or draft upon the bank or savings and loan
13 association, signed by the treasurer and countersigned by the
14 chairman of the Board. The Board may designate any of its
15 members or any officer or employee of the Authority to affix
16 the signature of the chairman and another to affix the
17 signature of the treasurer to any check or draft for payment
18 of salaries or wages and for payment of any other obligation
19 of not more than $2,500.
20 No bank or savings and loan association shall receive
21 public funds as permitted by this Section, unless it has
22 complied with the requirements established pursuant to
23 Section 6 of the Public Funds Investment Act.
24 Section 2-110. Signatures on checks or drafts. In case
25 any officer whose signature appears upon any check or draft
26 issued pursuant to this Article ceases to hold office after
27 attaching his or her signature and before the delivery of the
28 check or draft to the payee, that signature nevertheless
29 shall be valid and sufficient for all purposes with the same
30 effect as if the officer had remained in office until
31 delivery.
HB0235 Enrolled -25- LRB9000879DJcd
1 Section 2-115. General manager; other appointments. The
2 Board may appoint a general manager who shall be a person of
3 recognized ability and business experience, to hold office
4 during the pleasure of the Board. The general manager shall
5 have management of the properties and business of the
6 Authority and of the employees thereof subject to the general
7 control of the Board, shall direct the enforcement of all
8 ordinances, resolutions, rules and regulations of the Board,
9 and shall perform such other duties as may be prescribed from
10 time to time by the Board.
11 The Board may appoint a general attorney and a chief
12 engineer and shall provide for the appointment of such other
13 officers, attorneys, engineers, planners, consultants, agents
14 and employees as may be necessary. The Board shall define
15 their duties and require bonds of such of them as the Board
16 may designate.
17 The general manager, general attorney, chief engineer,
18 and all other officers provided for pursuant to this Section
19 shall be exempt from taking and subscribing any oath of
20 office and shall not be members of the Board.
21 The compensation of the general manager, general
22 attorney, chief engineer, and all other officers, attorneys,
23 planners, consultants, agents and employees shall be fixed by
24 the Board.
25 Section 2-120. Ordinances, rules, and regulations; fines
26 and penalties. The Board shall have power to pass all
27 ordinances and make all rules and regulations proper or
28 necessary to carry into effect the powers granted to the
29 Authority, with such fines or penalties as may be deemed
30 proper. All fines and penalties shall be imposed by
31 ordinance, which shall be published in a newspaper of general
32 circulation published in the metropolitan area. No such
33 ordinance imposing a fine or penalty shall take effect until
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1 10 days after its publication.
2 Section 2-122. Rules and regulations; penalties. The
3 Board shall have power to make all rules and regulations
4 proper or necessary to carry into effect the powers granted
5 to the Authority, with such penalties as may be deemed
6 proper.
7 Section 2-125. Contracts; award to other than highest or
8 lowest bidder by vote of 5 Board members. All contracts for
9 the sale of property of the value of more than $2,500 or for
10 a concession in or lease of property, including air rights,
11 of the Authority for a term of more than one year shall be
12 awarded to the highest responsible bidder, after advertising
13 for bids. All construction contracts and contracts for
14 supplies, materials, equipment and services, when the expense
15 thereof will exceed $2,500, shall be let to the lowest
16 responsible bidder after advertising for bids, excepting (1)
17 when repair parts, accessories, equipment or services are
18 required for equipment or services previously furnished or
19 contracted for; (2) when the nature of the services required
20 is such that competitive bidding is not in the best interest
21 of the public, including, without limiting the generality of
22 the foregoing, the services of accountants, architects,
23 attorneys, engineers, physicians, superintendents of
24 construction, and others possessing a high degree of skill;
25 and (3) when services such as water, light, heat, power,
26 telephone or telegraph are required.
27 All contracts involving less than $2,500 shall be let by
28 competitive bidding to the lowest responsible bidder whenever
29 possible, and in any event in a manner calculated to ensure
30 the best interests of the public. Competitive bidding is not
31 required for the lease of real estate or buildings owned or
32 controlled by the Authority. The Board is empowered to offer
HB0235 Enrolled -27- LRB9000879DJcd
1 such leases upon such terms as it deems advisable.
2 In determining the responsibility of any bidder, the
3 Board may take into account the past record of dealings with
4 the bidder, the bidder's experience, adequacy of equipment,
5 and ability to complete performance within the time set, and
6 other factors besides financial responsibility, but in no
7 case shall any such contracts be awarded to any other than
8 the highest bidder (in case of sale, concession or lease) or
9 the lowest bidder (in case of purchase or expenditure) unless
10 authorized or approved by a vote of at least 5 members of the
11 Board, and unless such action is accompanied by a statement
12 in writing setting forth the reasons for not awarding the
13 contract to the highest or lowest bidder, as the case may be,
14 which statement shall be kept on file in the principal office
15 of the Authority and open to public inspection.
16 Members of the Board, officers and employees of the
17 Authority, and their relatives within the fourth degree of
18 consanguinity by the terms of the civil law are forbidden to
19 be interested directly or indirectly in any contract for
20 construction or maintenance work or for the delivery of
21 materials, supplies or equipment.
22 The Board shall have the right to reject all bids and to
23 readvertise for bids. If after any such advertisement no
24 responsible and satisfactory bid, within the terms of the
25 advertisement, shall be received, the Board may award such
26 contract without competitive bidding, provided that it shall
27 not be less advantageous to the Authority than any valid bid
28 received pursuant to advertisement.
29 The Board shall adopt rules and regulations to carry into
30 effect the provisions of this Section.
31 Section 2-126. Contracts; award to other than highest or
32 lowest bidder by vote of 4 Board members. All contracts for
33 the sale of property of the value of more than $2,500 or for
HB0235 Enrolled -28- LRB9000879DJcd
1 a concession in or lease of property including air rights, of
2 the Authority for a term of more than one year shall be
3 awarded to the highest responsible bidder, after advertising
4 for bids. All construction contracts and contracts for
5 supplies, materials, equipment and services, when the expense
6 thereof will exceed $2,500, shall be let to the lowest
7 responsible bidder, after advertising for bids, excepting (1)
8 when repair parts, accessories, equipment or services are
9 required for equipment or services previously furnished or
10 contracted for; (2) when the nature of the services required
11 is such that competitive bidding is not in the best interest
12 of the public, including, without limiting the generality of
13 the foregoing, the services of accountants, architects,
14 attorneys, engineers, physicians, superintendents of
15 construction, and others possessing a high degree of skill;
16 and (3) when services such as water, light, heat, power,
17 telephone or telegraph are required.
18 All contracts involving less than $2,500 shall be let by
19 competitive bidding to the lowest responsible bidder whenever
20 possible, and in any event in a manner calculated to ensure
21 the best interests of the public. Competitive bidding is not
22 required for the lease of real estate or buildings owned or
23 controlled by the Authority. The Board is empowered to offer
24 such leases upon such terms as it deems advisable.
25 In determining the responsibility of any bidder, the
26 Board may take into account the past record of dealings with
27 the bidder, the bidder's experience, adequacy of equipment,
28 and ability to complete performance within the time set, and
29 other factors besides financial responsibility, but in no
30 case shall any such contracts be awarded to any other than
31 the highest bidder (in case of sale, concession or lease) or
32 the lowest bidder (in case of purchase or expenditure) unless
33 authorized or approved by a vote of at least 4 members of the
34 Board, and unless such action is accompanied by a statement
HB0235 Enrolled -29- LRB9000879DJcd
1 in writing setting forth the reasons for not awarding the
2 contract to the highest or lowest bidder, as the case may be,
3 which statement shall be kept on file in the principal office
4 of the Authority and open to public inspection.
5 Members of the Board, officers and employees of the
6 Authority, and their relatives within the fourth degree of
7 consanguinity by the terms of the civil law, are forbidden to
8 be interested directly or indirectly in any contract for
9 construction or maintenance work or for the delivery of
10 materials, supplies or equipment.
11 The Board shall have the right to reject all bids and to
12 readvertise for bids. If after any such advertisement no
13 responsible and satisfactory bid, within the terms of the
14 advertisement, shall be received, the Board may award such
15 contract, without competitive bidding, provided that it shall
16 not be less advantageous to the Authority than any valid bid
17 received pursuant to advertisement.
18 The Board shall adopt rules and regulations to carry into
19 effect the provisions of this Section.
20 Section 2-127. Contracts; award to other than highest or
21 lowest bidder by four-fifths vote. All contracts for sale of
22 property of the value of more than $2500, or for a concession
23 in or lease of property, including air rights, of the
24 Authority for a term of more than one year, shall be awarded
25 to the highest responsible bidder, after advertising for
26 bids. All construction contracts and contracts for supplies,
27 materials, equipment and services, when the expense thereof
28 will exceed $2500, shall be let to the lowest responsible
29 bidder, after advertising for bids, except: (1) when repair
30 parts, accessories, equipment or services are required for
31 equipment or services previously furnished or contracted for;
32 (2) when the nature of the services required is such that
33 competitive bidding is not in the best interest of the
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1 public, including, without limiting the generality of the
2 foregoing, the services of accountants, architects,
3 attorneys, engineers, physicians, superintendents of
4 construction, and others possessing a high degree of skill;
5 and (3) when services such as water, light, heat, power,
6 telephone or telegraph are required.
7 All contracts involving less than $2500 shall be let by
8 competitive bidding to the lowest responsible bidder whenever
9 possible, and in any event in a manner calculated to ensure
10 the best interests of the public.
11 In determining the responsibility of any bidder, the
12 Board may take into account the past record of dealings with
13 the bidder, the bidder's experience, adequacy of equipment,
14 and ability to complete performance within the time set, and
15 other factors besides financial responsibility, but in no
16 case shall any such contract be awarded to any other than the
17 highest bidder (in case of sale, concession or lease) or the
18 lowest bidder (in case of purchase or expenditure) unless
19 authorized or approved by a vote of at least 4/5 of the
20 members of the Board, and unless such action is accompanied
21 by a statement in writing setting forth the reasons for not
22 awarding the contract to the highest or lowest bidder, as the
23 case may be, which statement shall be kept on file in the
24 principal office of the Authority and open to public
25 inspection.
26 Members of the Board, officers and employees of the
27 Authority, and their relatives within the fourth degree of
28 consanguinity by the terms of the civil law, are forbidden to
29 be interested directly or indirectly in any contract for
30 construction or maintenance work or for the delivery of
31 materials, supplies or equipment.
32 The Board shall have the right to reject all bids and to
33 readvertise for bids. If after any such advertisement no
34 responsible and satisfactory bid, within the terms of the
HB0235 Enrolled -31- LRB9000879DJcd
1 advertisement, shall be received, the Board may award such
2 contract, without competitive bidding, provided that it shall
3 not be less advantageous to the Authority than any valid bid
4 received pursuant to advertisement.
5 The Board shall adopt rules and regulations to carry into
6 effect the provisions of this Section.
7 Section 2-128. Contracts; award to other than highest or
8 lowest bidder by three-fourths vote. All contracts for the
9 sale of property of the value of more than $2,500 or for any
10 concession in or lease of property of the Authority for a
11 term of more than one year shall be awarded to the highest
12 responsible bidder, after advertising for bids. All
13 construction contracts and contracts for supplies, materials,
14 equipment and services, when the expense thereof will exceed
15 $2,500, shall be let to the lowest responsible bidder, after
16 advertising for bids, excepting (1) when repair parts,
17 accessories, equipment or services are required for equipment
18 or services previously furnished or contracted for; (2) when
19 the nature of the services required is such that competitive
20 bidding is not in the best interest of the public, including,
21 without limiting the generality of the foregoing, the
22 services of accountants, architects, attorneys, engineers,
23 physicians, superintendents of construction, and others
24 possessing a high degree of skill; and (3) when services such
25 as water, light, heat, power, telephone or telegraph are
26 required.
27 All contracts involving less than $2,500 shall be let by
28 competitive bidding whenever possible, and in any event in a
29 manner calculated to ensure the best interests of the public.
30 In determining the responsibility of any bidder, the
31 Board may take into account the past record of dealings with
32 the bidder, the bidder's experience, adequacy of equipment,
33 and ability to complete performance within the time set, and
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1 other factors besides financial responsibility, but in no
2 case shall any such contracts be awarded to any other than
3 the highest bidder (in case of sale, concession or lease) or
4 the lowest bidder (in case of purchase or expenditure) unless
5 authorized or approved by a vote of at least three-fourths of
6 the members of the Board, and unless such action is
7 accompanied by a statement in writing setting forth the
8 reasons for not awarding the contract to the highest or
9 lowest bidder, as the case may be, which statement shall be
10 kept on file in the principal office of the Authority and
11 open to public inspection.
12 From the group of responsible bidders the lowest bidder
13 shall be selected in the following manner: to all bids for
14 sales the gross receipts of which are not taxable under the
15 "Retailers' Occupation Tax Act", approved June 28, 1933, as
16 amended, there shall be added an amount equal to the tax
17 which would be payable under said Act, if applicable, and the
18 lowest in amount of said adjusted bids and bids for sales the
19 gross receipts of which are taxable under said Act shall be
20 considered the lowest bid; provided, that, if said lowest bid
21 relates to a sale not taxable under said Act, any contract
22 entered into thereon shall be in the amount of the original
23 bid not adjusted as aforesaid.
24 Contracts shall not be split into parts involving
25 expenditures of less than $2,500 for the purposes of avoiding
26 the provisions of this Section, and all such split contracts
27 shall be void. If any collusion occurs among bidders or
28 prospective bidders in restraint of freedom of competition,
29 by agreement to bid a fixed amount or to refrain from bidding
30 or otherwise, the bids of such bidders shall be void. Each
31 bidder shall accompany his bid with a sworn statement that he
32 has not been a party to any such agreement.
33 Members of the Board, officers and employees of the
34 Authority, and their relatives within the fourth degree of
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1 consanguinity by the terms of the civil law, are forbidden to
2 be interested directly or indirectly in any contract for
3 construction or maintenance work or for the delivery of
4 materials, supplies or equipment.
5 The Board shall have the right to reject all bids and to
6 readvertise for bids. If after any such advertisement no
7 responsible and satisfactory bid, within the terms of the
8 advertisement, shall be received, the Board may award such
9 contract, without competitive bidding, provided that it shall
10 not be less advantageous to the Authority than any valid bid
11 received pursuant to advertisement.
12 The Board shall adopt rules and regulations to carry into
13 effect the provisions of this Section.
14 Section 2-130. Bids and advertisements. Advertisements
15 for bids shall be published at least twice in a daily
16 newspaper of general circulation published in the
17 metropolitan area, the last publication to be at least 10
18 calendar days before the time for receiving bids, and such
19 advertisements shall also be posted on readily accessible
20 bulletin boards in the principal office of the Authority.
21 Such advertisements shall state the time and place for
22 receiving and opening bids and, by reference to plans and
23 specifications on file at the time of the first publication,
24 or in the advertisement itself, shall describe the character
25 of the proposed contract in sufficient detail to fully advise
26 prospective bidders of their obligations and to ensure free
27 and open competitive bidding.
28 All bids in response to advertisements shall be sealed
29 and shall be publicly opened by the Board, and all bidders
30 shall be entitled to be present in person or by
31 representatives. Cash or a certified or satisfactory
32 cashier's check, as a deposit of good faith, in a reasonable
33 amount to be fixed by the Board before advertising for bids,
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1 shall be required with the proposal of each bidder. Bond for
2 faithful performance of the contract with surety or sureties
3 satisfactory to the Board and adequate insurance may be
4 required in reasonable amounts to be fixed by the Board
5 before advertising for bids.
6 The contract shall be awarded as promptly as possible
7 after the opening of bids. The bid of the successful bidder,
8 as well as the bids of the unsuccessful bidders, shall be
9 placed on file and be open to public inspection. All bids
10 shall be void if any disclosure of the terms of any bid in
11 response to an advertisement is made or permitted to be made
12 by the Board before the time fixed for opening bids.
13 Section 2-132. Bidders; civil action to compel
14 compliance. Any bidder who has submitted a bid in compliance
15 with the requirements for bidding may bring a civil action in
16 the circuit court in the county in which the metropolitan
17 area is located to compel compliance with the provisions of
18 this Article relating to the awarding of contracts by the
19 Board.
20 Section 2-135. Report and financial statement. As soon
21 after the end of each fiscal year as may be expedient, the
22 Board shall cause to be prepared and printed a complete and
23 detailed report and financial statement of its operations and
24 of its assets and liabilities. A reasonably sufficient
25 number of copies of such report shall be printed for
26 distribution to persons interested upon request and a copy
27 thereof shall be filed with the county clerk and the
28 appointing officers.
29 Section 2-140. State financial support. The Authority
30 created by this Article shall receive financial support from
31 the State in the amounts provided for in Section 4 of the
HB0235 Enrolled -35- LRB9000879DJcd
1 Metropolitan Civic Center Support Act.
2 Section 2-145. Antitrust laws. The Authority is
3 expressly made the beneficiary of the provisions of Section 1
4 of the Local Government Antitrust Exemption Act, and the
5 General Assembly intends that the "State action exemption" to
6 the application of the federal antitrust laws be fully
7 available to the Authority to the extent its activities are
8 either (1) expressly or by necessary implication authorized
9 by this Article or other Illinois law or (2) within
10 traditional areas of local governmental activity.
11 Section 2-150. Tax exemption. All property of the
12 Authority shall be exempt from taxation by the State or any
13 taxing unit therein.
14 Section 2-155. Partial invalidity. If any provision of
15 this Article is held invalid such provision shall be deemed
16 to be excised from this Article and the invalidity thereof
17 shall not affect any of the other provisions of this Article.
18 If the application of any provision of this Article to any
19 person or circumstance is held invalid it shall not affect
20 the application of such provision to such persons or
21 circumstances other than those as to which it is held
22 invalid.
23 ARTICLE 5.
24 ALEDO CIVIC CENTER
25 (70 ILCS 220/1-2)
26 Section 5-1. Short title. Sec. 1-2. This Article shall be
27 known and may be cited as the Aledo Civic Center Law of 1997.
28 (Source: P.A. 84-245.)
HB0235 Enrolled -36- LRB9000879DJcd
1 (70 ILCS 220/1-3, in part)
2 Section 5-5. Definitions. Sec. 1-3. When used in this
3 Article:
4 "Authority" means the Aledo Civic Center Authority.
5 "Board" means the governing and administrative body of
6 the Aledo Community Center Authority.
7 "Metropolitan area" means all that territory in the State
8 of Illinois lying within the corporate boundaries of Mercer
9 Township in the County of Mercer.
10 (Source: P.A. 85-1448.)
11 (70 ILCS 220/1-4, in part)
12 Section 5-10. Authority created; principal office. Sec.
13 1-4. There is hereby created a political subdivision, body
14 politic and municipal corporation by the name and style of
15 the Aledo Community Center Authority in the metropolitan
16 area.
17 The principal office of the Authority shall be in the
18 City of Aledo.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/1-14, in part)
21 Section 5-15. Board created. Sec. 1-14. The governing and
22 administrative body of the Authority shall be a board
23 consisting of 9 members and shall be known as the Aledo Civic
24 Center Authority Board. The members of the board shall be
25 individuals of generally recognized ability and integrity.
26 (70 ILCS 220/1-15, in part)
27 Section 5-20. Board members appointed. Sec. 1-15. Within
28 60 days after September 3, 1985 (the effective date of
29 Article 1 of Public Act 84-245), this Article becomes
30 effective: the Mayor of the City of Aledo with the advice and
31 consent of the Aledo City Council shall appoint 3 members of
HB0235 Enrolled -37- LRB9000879DJcd
1 the Board for initial terms expiring June 1, 1986; 3 members
2 for initial terms expiring June 1, 1987; and 3 members for
3 initial terms expiring June 1, 1988. The successors of the
4 initial members shall be appointed in like manner for 3 year
5 terms from the date of appointment, except in case of an
6 appointment to fill a vacancy.
7 (Source: P.A. 84-245.)
8 (70 ILCS 220/1-16, in part)
9 Section 5-25. Removal of Board members. Sec. 1-16. The
10 appointing officer, with the advice and consent of the Aledo
11 City Council, may remove any member of the Board appointed by
12 him, in case of incompetency, neglect of duty, or malfeasance
13 in office, after service on him, by registered United States
14 mail, return requested, of a copy of the written charges
15 against him and an opportunity to be publicly heard in person
16 or by counsel in his own defense upon not less than 10 days'
17 notice.
18 (Source: P.A. 84-245.)
19 (70 ILCS 220/1-25, in part)
20 Section 5-30. Bidders; civil action to compel compliance.
21 Sec. 1-25. Any bidder who has submitted a bid in compliance
22 with the requirements for bidding under this Article may
23 bring a civil action in the circuit court of Mercer county in
24 which the metropolitan area is located to compel compliance
25 with the provisions of this Article Act relating to the
26 awarding of contracts by the Board.
27 (Source: P.A. 84-245.)
28 Section 5-35. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
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1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-15. Duties; auditorium, recreational, and other
4 buildings; lease of space.
5 Section 2-20. Rights and powers, including eminent
6 domain.
7 Section 2-25. Incurring obligations.
8 Section 2-35. Acquisition of property from person,
9 State, or local agency.
10 Section 2-40. Federal money.
11 Section 2-45. Insurance.
12 Section 2-50. Borrowing; revenue bonds; suits to compel
13 performance.
14 Section 2-55. Bonds; nature of indebtedness.
15 Section 2-60. Investment in bonds.
16 Section 2-75. Board members; financial matters; conflict
17 of interest.
18 Section 2-80. Board members' oath.
19 Section 2-85. Board members; vacancy in office.
20 Section 2-90. Organization of the Board.
21 Section 2-95. Meetings; action by 5 Board members.
22 Section 2-100. Secretary; treasurer.
23 Section 2-105. Funds.
24 Section 2-110. Signatures on checks or drafts.
25 Section 2-115. General manager; other appointments.
26 Section 2-122. Rules and regulations; penalties.
27 Section 2-125. Contracts; award to other than highest or
28 lowest bidder by vote of 5 Board members.
29 Section 2-130. Bids and advertisements.
30 Section 2-135. Report and financial statement.
31 Section 2-140. State financial support.
32 Section 2-145. Anti-trust laws.
33 Section 2-150. Tax exemption.
HB0235 Enrolled -39- LRB9000879DJcd
1 ARTICLE 10.
2 AURORA CIVIC CENTER
3 (70 ILCS 225/1)
4 Section 10-1. Short title. Sec. 1. This Article Act shall
5 be known and may be cited as the Aurora Civic Center Law of
6 1997 Act.
7 (Source: P.A. 78-927.)
8 (70 ILCS 225/2, in part)
9 Section 10-5. Definitions. Sec. 2. When used in this
10 Article Act:
11 "Authority" means Aurora Metropolitan Exposition,
12 Auditorium and Office Building Authority.
13 "Board" means the governing and administrative body of
14 the Aurora Metropolitan Exposition, Auditorium and Office
15 Building Authority.
16 "Metropolitan area" means all that territory in the State
17 of Illinois lying within the corporate boundaries of the City
18 of Aurora and the Waubonsee Community College District #516
19 except for those portions lying within counties which have a
20 civic center authority within the corporate limits of such
21 counties.
22 (Source: P.A. 83-1456.)
23 (70 ILCS 225/3, in part)
24 Section 10-10. Authority created; principal office. Sec.
25 3. There is hereby created a political subdivision, body
26 politic and municipal corporation by the name and style of
27 Aurora Metropolitan Exposition, Auditorium and Office
28 Building Authority in the metropolitan area. The principal
29 office of the Authority shall be in the City of Aurora.
30 (Source: P.A. 78-927.)
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1 (70 ILCS 225/5)
2 Section 10-15. Rights and powers. Sec. 5. The Authority
3 shall have the following rights and powers duties:
4 (a) To acquire, purchase, own, construct, lease as
5 lessee or in any other way acquire, improve, extend, repair,
6 reconstruct, regulate, operate, equip and maintain fair
7 expositions grounds, convention or exhibition centers, civic
8 auditoriums, and office, educational and municipal buildings,
9 including sites and parking areas and facilities therefor
10 located within the metropolitan area.
11 (b) To enter into contracts treating in any manner with
12 the objects and purposes of this Article Act.
13 (c) To plan for such grounds, centers and auditoriums
14 and to plan, sponsor, hold, arrange, and finance fairs,
15 industrial, cultural, educational, trade and scientific
16 exhibits, shows and events and to use or allow the use of
17 such grounds, centers and auditoriums for the holding of
18 fairs, exhibits, shows and events whether conducted by the
19 Authority or some other person or governmental agency.
20 (d) To exercise the right of eminent domain to acquire
21 sites for such grounds, centers, buildings and auditoriums,
22 and parking areas and facilities in the manner provided for
23 the exercise of the right of eminent domain under Article VII
24 of the Code of Civil Procedure, as amended.
25 (e) To fix and collect just, reasonable and
26 nondiscriminatory charges and rents for the use of such
27 parking areas and facilities, grounds, centers, buildings and
28 auditoriums and admission charges to fairs, shows, exhibits
29 and events sponsored or held by the Authority. The charges
30 collected may be made available to defray the reasonable
31 expenses of the Authority and to pay the principal of and the
32 interest on any bonds issued by the Authority.
33 (Source: P.A. 83-1456.)
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1 (70 ILCS 225/10)
2 Section 10-16. Borrowing; revenue bonds; interest payable
3 semi-annually; bond sale price; effect of Omnibus Bond Acts.
4 Sec. 10. The Authority shall have continuing power to borrow
5 money for the purpose of carrying out and performing its
6 duties and exercising its powers under this Article Act.
7 For the purpose of evidencing the obligation of the
8 Authority to repay any money borrowed as aforesaid, the
9 Authority may, pursuant to an ordinance adopted by the Board,
10 from time to time issue and dispose of its interest bearing
11 revenue bonds, and may also from time to time issue and
12 dispose of its interest bearing revenue bonds to refund any
13 bonds at maturity or pursuant to redemption provisions or at
14 any time before maturity with the consent of the holders
15 thereof. All such bonds shall be payable solely from the
16 revenues or income to be derived from the fairs, expositions,
17 exhibitions, rentals and leases and other authorized
18 activities operated by it, and from funds, if any, received
19 and to be received by the Authority from any other source.
20 Such bonds may bear such date or dates, may mature at such
21 time or times not exceeding 40 years from their respective
22 dates, may bear interest at such rate or rates, not exceeding
23 the maximum rate authorized by the Bond Authorization Act, as
24 amended at the time of the making of the contract, payable
25 semi-annually, may be in such form, may carry such
26 registration privileges, may be executed in such manner, may
27 be payable at such place or places, may be made subject to
28 redemption in such manner and upon such terms, with or
29 without premium as is stated on the face thereof, may be
30 executed in such manner and may contain such terms and
31 covenants, all as may be provided in said ordinance. In case
32 any officer whose signature appears on any bond ceases (after
33 attaching his signature) to hold office, his signature shall
34 nevertheless be valid and effective for all purposes. The
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1 holder or holders of any bonds, or interest coupons
2 appertaining thereto issued by the Authority may bring
3 mandamus, injunction, or other civil actions or and
4 proceedings to compel the performance and observance by the
5 Authority or any of its officers, agents or employees of any
6 contract or covenant made by the Authority with the holders
7 of such bonds or interest coupons, and to compel the
8 Authority and any of its officers, agents or employees to
9 perform any duties required to be performed for the benefit
10 of the holders of any such bonds or interest coupons by the
11 provisions of the ordinance authorizing their issuance, and
12 to enjoin the Authority and any of its officers, agents or
13 employees from taking any action in conflict with any such
14 contract or covenant.
15 Notwithstanding the form and tenor of any such bonds and
16 in the absence of any express recital on the face thereof
17 that it is non-negotiable, all such bonds shall be negotiable
18 instruments under the Uniform Commercial Code of the State of
19 Illinois.
20 The bonds shall be sold by the corporate authorities of
21 the Authority in such manner as said corporate authorities
22 shall determine, except that if issued to bear interest at
23 the maximum rate authorized by the Bond Authorization Act, as
24 amended at the time of the making of the contract, the bonds
25 shall be sold for not less than par and accrued interest and
26 except that the selling price of bonds bearing interest at a
27 rate of less than the maximum rate authorized by the Bond
28 Authorization Act, as amended at the time of the making of
29 the contract, shall be such that the interest cost to the
30 Authority of the money received from the sale of bonds shall
31 not exceed the maximum rate authorized by the Bond
32 Authorization Act, as amended at the time of the making of
33 the contract, computed to absolute maturity of said bonds or
34 certificates according to standard tables of bond values.
HB0235 Enrolled -43- LRB9000879DJcd
1 From and after the issuance of any bonds as herein
2 provided it shall be the duty of the corporate authorities of
3 the Authority to fix and establish rates, charges, rents, and
4 fees for the use of facilities acquired, constructed,
5 reconstructed, extended or improved with the proceeds of the
6 sale of said bonds sufficient at all times, with other
7 revenues of the Authority to pay:
8 (a) the cost of maintaining, repairing, regulating and
9 operating the said facilities; and
10 (b) the bonds and interest thereon as they shall become
11 due, and all sinking fund requirements and other requirements
12 provided by the ordinance authorizing the issuance of the
13 bonds or as provided by any trust agreement executed to
14 secure payment thereof.
15 To secure the payment of any or all of such bonds and for
16 the purpose of setting forth the covenants and undertakings
17 of the Authority in connection with the issuance thereof and
18 the issuance of any additional bonds payable from such
19 revenue income to be derived from the fairs, recreational,
20 theatrical, cultural, expositions, sport activities,
21 exhibitions, office rentals, and air space leases and
22 rentals, and other revenue, if any, the Authority may
23 execute and deliver a trust agreement or agreements; provided
24 that no lien upon any physical property of the Authority
25 shall be created thereby.
26 A remedy for any breach or default of the terms of any
27 such trust agreement by the Authority may be by mandamus
28 proceedings in any court of competent jurisdiction to compel
29 performance and compliance therewith, but the trust agreement
30 may prescribe by whom or on whose behalf such action may be
31 instituted.
32 Before any such bonds (excepting refunding bonds) are
33 sold, the entire authorized issue, or any part thereof, shall
34 be offered for sale as a unit after advertising for bids at
HB0235 Enrolled -44- LRB9000879DJcd
1 least 3 times in a daily newspaper of general circulation
2 published in the metropolitan area, the last publication to
3 be at least 10 days before bids are required to be filed.
4 Copies of such advertisement may be published in any
5 newspaper or financial publication in the United States. All
6 bids shall be sealed, filed and opened as provided by
7 ordinance and the bonds shall be awarded to the highest and
8 best bidder or bidders therefor. The Authority shall have the
9 right to reject all bids and readvertise for bids in the
10 manner provided for in the initial advertisement. However, if
11 no bids are received such bonds may be sold at not less than
12 par value, without further advertising, within 60 days after
13 the bids are required to be filed pursuant to any
14 advertisement.
15 With respect to instruments for the payment of money
16 issued under this Section either before, on, or after the
17 effective date of Public Act 86-4 this amendatory Act of
18 1989, it is and always has been the intention of the General
19 Assembly (i) that the Omnibus Bond Acts are and always have
20 been supplementary grants of power to issue instruments in
21 accordance with the Omnibus Bond Acts, regardless of any
22 provision of this Article Act that may appear to be or to
23 have been more restrictive than those Acts, (ii) that the
24 provisions of this Section are not a limitation on the
25 supplementary authority granted by the Omnibus Bond Acts, and
26 (iii) that instruments issued under this Section within the
27 supplementary authority granted by the Omnibus Bond Acts are
28 not invalid because of any provision of this Article Act that
29 may appear to be or to have been more restrictive than those
30 Acts.
31 (Source: P.A. 86-4.)
32 (70 ILCS 225/13)
33 Section 10-17. Bonds other than revenue bonds. Sec. 13.
HB0235 Enrolled -45- LRB9000879DJcd
1 No bonds, other than revenue bonds issued pursuant to Section
2 10-16 10, shall be issued by the Authority until the
3 proposition to issue the same has been submitted to and
4 approved by a majority of the voters of said metropolitan
5 area voting upon the proposition at a general election in
6 accordance with the general election law. The Authority may
7 by resolution order such proposition submitted at a regular
8 election in accordance with the general election law,
9 whereupon the recording officer shall certify the resolution
10 and the proposition to the proper election officials for
11 submission. Any proposition to issue bonds as herein set
12 forth shall be in substantially the following form:
13 -------------------------------------------------------------
14 Shall bonds of the "Aurora YES
15 Metropolitan Exposition, Auditorium
16 and Office Building Authority" to ----------------------
17 the amount of.... Dollars ($ ) be
18 issued for the purpose of....? NO
19 -------------------------------------------------------------
20 (Source: P.A. 81-1489.)
21 (70 ILCS 225/14)
22 Section 10-18. Tax. Sec. 14. If a majority of the voters
23 of said metropolitan area approve the issuance of bonds as
24 provided in Section 10-17 13 of this Act, the Authority shall
25 have power to levy and collect annually a sum sufficient to
26 pay for the annual principal and interest charges on such
27 bonds.
28 Such taxes proposed by the Authority to be levied upon
29 the taxable property within the metropolitan area shall be
30 levied by ordinance. After the ordinance has been adopted it
31 shall, within 10 days after its passage, be published once in
32 a newspaper published and having a general circulation within
33 the metropolitan area. A certified copy of such levy
HB0235 Enrolled -46- LRB9000879DJcd
1 ordinance shall be filed with the county clerk no later than
2 the 3rd Tuesday in September in each year. Thereupon the
3 county clerk shall extend such tax; provided the aggregate
4 amount of taxes levied for any one year shall not exceed the
5 rate of .0005% of the full fair cash value, as equalized or
6 assessed by the Department of Revenue.
7 (Source: P.A. 81-1509.)
8 (70 ILCS 225/15, in part)
9 Section 10-20. Board created. Sec. 15. The governing and
10 administrative body of the Authority shall be a board
11 consisting of 9 members and shall be known as the Aurora
12 Metropolitan Exposition Auditorium and Office Building Board.
13 The members of the board shall be individuals of generally
14 recognized ability and integrity.
15 (Source: P.A. 78-927.)
16 (70 ILCS 225/16, in part)
17 Section 10-25. Board members appointed. Sec. 16. Within
18 60 days after July 1, 1974 (the effective date of Public Act
19 78-927), this Act becomes effective the Mayor of Aurora, with
20 the advice and consent of the Aurora city council, shall
21 appoint 9 members of the board, 3 members to be appointed for
22 terms of 1 year, 3 members to be appointed for terms of 2
23 years, and 3 members to be appointed for terms of 3 years,
24 such terms commencing on the date each is appointed. At the
25 expiration of the term of any member, his successor shall be
26 appointed by the Mayor of Aurora in like manner. All
27 successors shall hold office for a term of 3 years from the
28 date of appointment, except in case of an appointment to fill
29 a vacancy.
30 (Source: P.A. 78-927.)
31 (70 ILCS 225/19, in part)
HB0235 Enrolled -47- LRB9000879DJcd
1 Section 10-30. Quorum; votes necessary for action. Sec.
2 19. Three members of the Board shall constitute a quorum for
3 the transaction of business. All action of the Board shall be
4 by ordinance or resolution and the affirmative vote of at
5 least 5 members shall be necessary for the adoption of any
6 ordinance or resolution.
7 (Source: P.A. 78-927.)
8 (70 ILCS 225/25, in part)
9 Section 10-35. Lease of real estate; competitive bidding
10 not required. Sec. 25. Competitive bidding is not required
11 for the lease of real estate or buildings owned or controlled
12 by the Authority on July 13, 1982 (the effective date of
13 Public this Amendatory Act 82-786). The Board is empowered
14 to offer such leases upon such terms as it deems advisable.
15 Section 10-40. Standard civic center provisions
16 incorporated by reference. The following Sections of this
17 Code are incorporated by reference into this Article:
18 Section 2-5. Definitions.
19 Section 2-10. Lawsuits; common seal.
20 Section 2-16. Duties; auditorium and other buildings;
21 lease of space.
22 Section 2-25. Incurring obligations.
23 Section 2-30. Prompt payment.
24 Section 2-35. Acquisition of property from person,
25 State, or local agency.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-55. Bonds; nature of indebtedness.
29 Section 2-60. Investment in bonds.
30 Section 2-76. Board members; financial matters;
31 compensation for secretary or treasurer; conflict of
32 interest.
HB0235 Enrolled -48- LRB9000879DJcd
1 Section 2-80. Board members' oath.
2 Section 2-83. Removal of Board member from office.
3 Section 2-85. Board members; vacancy in office.
4 Section 2-90. Organization of the Board.
5 Section 2-97. Board meetings; public records.
6 Section 2-101. Secretary; treasurer; funds deposited in
7 bank or savings and loan association.
8 Section 2-106. Funds; compliance with Public Funds
9 Investment Act.
10 Section 2-110. Signatures on checks or drafts.
11 Section 2-115. General manager; other appointments.
12 Section 2-120. Ordinances, rules, and regulations; fines
13 and penalties.
14 Section 2-127. Contracts; award to other than highest or
15 lowest bidder by four-fifths vote.
16 Section 2-130. Bids and advertisements.
17 Section 2-135. Report and financial statement.
18 Section 2-140. State financial support.
19 Section 2-145. Anti-trust laws.
20 Section 2-150. Tax exemption.
21 Section 2-155. Partial invalidity.
22 ARTICLE 15.
23 BENTON CIVIC CENTER
24 (70 ILCS 230/1-2)
25 Section 15-1. Short title. Sec. 1-2. This Article shall
26 be known and may be cited as the Benton Civic Center Law of
27 1997.
28 (Source: P.A. 85-1314.)
29 (70 ILCS 230/1-3, in part)
30 Section 15-5. Definitions. Sec. 1-3. When used in this
31 Article:
HB0235 Enrolled -49- LRB9000879DJcd
1 "Authority" means the Benton Civic Center Authority.
2 "Board" means the governing and administrative body of
3 the Benton Civic Center Authority.
4 "Metropolitan area" means all that territory in the State
5 of Illinois lying within the corporate boundaries of the City
6 of Benton in the County of Franklin.
7 (Source: P.A. 85-1314.)
8 (70 ILCS 230/1-4, in part)
9 Section 15-10. Authority created; principal office. Sec.
10 1-4. There is hereby created a political subdivision, body
11 politic and municipal corporation by the name and style of
12 the Benton Civic Center Authority in the metropolitan area.
13 The principal office of the Authority shall be in the
14 City of Benton.
15 (Source: P.A. 85-1314.)
16 (70 ILCS 230/1-14, in part)
17 Section 15-15. Board created. Sec. 1-14. The governing
18 and administrative body of the Authority shall be a board
19 consisting of 9 members and shall be known as the Benton
20 Civic Center Authority Board. The members of the Board shall
21 be individuals of generally recognized ability and integrity.
22 (Source: P.A. 85-1314.)
23 (70 ILCS 230/1-15, in part)
24 Section 15-20. Board members appointed. Sec. 1-15. Within
25 60 days after January 1, 1989 (the effective date of Article
26 I of Public Act 85-1314) this Article becomes effective, the
27 Mayor of the City of Benton, with the advice and consent of
28 the Benton City Council, shall appoint 3 members of the Board
29 for initial terms expiring June 1, 1990; 3 members for
30 initial terms expiring June 1, 1991; and 3 members for
31 initial terms expiring June 1, 1992. The successors of the
HB0235 Enrolled -50- LRB9000879DJcd
1 initial members shall be appointed in like manner for 3 year
2 terms from the date of appointment, except in case of an
3 appointment to fill a vacancy.
4 (Source: P.A. 85-1314.)
5 (70 ILCS 230/1-16, in part)
6 Section 15-25. Removal of Board members. Sec. 1-16. The
7 Mayor of the City of Benton, with the advice and consent of
8 the Benton City Council, may remove any member of the Board
9 appointed by him or her, in case of incompetency, neglect of
10 duty or malfeasance in office, after service on the member,
11 by registered United States mail, return receipt requested,
12 of a copy of the written charges against him or her and an
13 opportunity to be publicly heard in person or by counsel in
14 his or her own defense upon not less than 10 days notice.
15 (Source: P.A. 85-1314.)
16 (70 ILCS 230/1-25, in part)
17 Section 15-30. Bidders; civil action to compel
18 compliance. Sec. 1-25. Any bidder who has submitted a bid in
19 compliance with the requirements for bidding under this
20 Article may bring a civil action in the Circuit Court of
21 Franklin County in which the metropolitan area is located to
22 compel compliance with the provisions of this Article
23 relating to the awarding of contracts by the Board.
24 (Source: P.A. 89-626, eff. 8-9-96.)
25 (70 ILCS 230/1-26)
26 Section 15-35. Report and financial statement. Sec. 1-26.
27 As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
HB0235 Enrolled -51- LRB9000879DJcd
1 for distribution to persons interested upon request and a
2 copy thereof shall be filed with the County Clerk and the
3 Mayor of the City of Benton.
4 (Source: P.A. 85-1314.)
5 Section 15-40. Standard civic center provisions
6 incorporated by reference. The following Sections of this
7 Code are incorporated by reference into this Article:
8 Section 2-3. Purpose.
9 Section 2-5. Definitions.
10 Section 2-10. Lawsuits; common seal.
11 Section 2-15. Duties; auditorium, recreational, and other
12 buildings; lease of space.
13 Section 2-20. Rights and powers, including eminent
14 domain.
15 Section 2-25. Incurring obligations.
16 Section 2-30. Prompt payment.
17 Section 2-35. Acquisition of property from person,
18 State, or local agency.
19 Section 2-40. Federal money.
20 Section 2-45. Insurance.
21 Section 2-50. Borrowing; revenue bonds; suits to compel
22 performance.
23 Section 2-55. Bonds; nature of indebtedness.
24 Section 2-60. Investment in bonds.
25 Section 2-75. Board members; financial matters; conflict
26 of interest.
27 Section 2-80. Board members' oath.
28 Section 2-85. Board members; vacancy in office.
29 Section 2-90. Organization of the Board.
30 Section 2-95. Meetings; action by 5 Board members.
31 Section 2-100. Secretary; treasurer.
32 Section 2-105. Funds.
33 Section 2-110. Signatures on checks or drafts.
HB0235 Enrolled -52- LRB9000879DJcd
1 Section 2-115. General manager; other appointments.
2 Section 2-122. Rules and regulations; penalties.
3 Section 2-125. Contracts; award to other than highest or
4 lowest bidder by vote of 5 Board members.
5 Section 2-130. Bids and advertisements.
6 Section 2-140. State financial support.
7 Section 2-145. Anti-trust laws.
8 Section 2-150. Tax exemption.
9 ARTICLE 20.
10 BLOOMINGTON CIVIC CENTER
11 (70 ILCS 235/2)
12 Section 20-1. Short title. Sec. 2. This Article Act shall
13 be known and may be cited as the Bloomington Civic Center
14 Authority Law of 1997 Act.
15 (Source: P.A. 80-1440.)
16 (70 ILCS 235/3, in part)
17 Section 20-5. Definitions. Sec. 3. When used in this
18 Article Act:
19 "Authority" means the Bloomington Civic Center Authority.
20 "Board" means the governing and administrative body of
21 the Bloomington Civic Center Authority.
22 "Metropolitan area" means all that territory in the State
23 of Illinois lying within the corporate boundaries of the City
24 of Bloomington.
25 (Source: P.A. 80-1440.)
26 (70 ILCS 235/4, in part)
27 Section 20-10. Authority created; principal office. Sec.
28 4. There is hereby created a unit of local government known
29 as the Bloomington Civic Center Authority in the metropolitan
30 area.
HB0235 Enrolled -53- LRB9000879DJcd
1 The principal office of the Authority shall be in the
2 City of Bloomington.
3 (Source: P.A. 80-1440.)
4 (70 ILCS 235/5)
5 Section 20-14. Sec. 5. Powers and Duties. It shall be
6 the duty of the Authority to promote, operate and maintain
7 expositions, conventions, theatrical, sports and cultural
8 activities from time to time in the metropolitan area and in
9 connection therewith to arrange, finance and maintain
10 industrial, cultural, educational, theatrical, sports, trade
11 and scientific exhibits and to construct, equip and maintain
12 auditoriums and exposition and office buildings and
13 associated facilities for such purposes.
14 The provision of office, hotel and restaurant space for
15 lease and rental and the lease of air space over and
16 appurtenant to such structures shall be deemed an integral
17 function of the Authority.
18 The Authority is granted all rights and powers necessary
19 to perform such duties.
20 (Source: P.A. 89-626, eff. 8-9-96.)
21 (70 ILCS 235/6)
22 Section 20-15. Rights and powers. Sec. 6. The Authority
23 shall have the following rights and powers:
24 (a) To purchase, own, construct, lease as lessee or in
25 any other way acquire, improve, extend, repair, reconstruct,
26 regulate, operate, equip and maintain fair and expositions
27 grounds, convention or exhibition centers, civic auditoriums,
28 office and municipal buildings, and associated facilities,
29 including but not limited to hotel and restaurant facilities;
30 and sites and parking areas and facilities therefor located
31 within the metropolitan area;
32 (b) To plan for such grounds, centers and auditoriums
HB0235 Enrolled -54- LRB9000879DJcd
1 and to plan, sponsor, hold, arrange and finance fairs,
2 industrial, cultural, educational, theatrical, sports, trade
3 and scientific exhibits, shows and events and to use, lease
4 as lessor, or allow the use of such grounds, centers,
5 auditoriums and associated facilities for the holding of
6 fairs, exhibits, shows and events whether conducted by the
7 Authority or some other person or governmental agency;
8 (c) To exercise the right of eminent domain to acquire
9 sites for such grounds, centers, auditoriums, associated
10 facilities, and parking areas and facilities in the manner
11 provided for the exercise of the right of eminent domain
12 under Article VII of the Code of Civil Procedure, as amended;
13 (d) To fix and collect just, reasonable and
14 nondiscriminatory charges for the use of such parking areas
15 and facilities, grounds, centers, auditoriums and associated
16 facilities and admission charges to fairs, shows, exhibits
17 and events sponsored or held by the Authority. The charges
18 collected may be made available to defray the reasonable
19 expenses of the Authority and to pay the principal of and the
20 interest on any bonds issued by the Authority;
21 (e) To enter into contracts treating any manner with the
22 objects and purposes of this Article Act.
23 (Source: P.A. 82-783.)
24 (70 ILCS 235/9)
25 Section 20-20. Federal money. Sec. 9. The Authority shall
26 have the power to apply for and accept grants, loans or
27 appropriations from the federal government or any agency or
28 instrumentality thereof to be used for any of the purposes of
29 the Authority and to enter into any agreement with the
30 federal government in relation to such grants, loans or
31 appropriations.
32 (Source: P.A. 80-1440.)
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1 (70 ILCS 235/11)
2 Section 20-25. Borrowing; revenue bonds. Sec. 11. The
3 Authority shall have the continuing power to borrow money for
4 the purpose of carrying out and performing its duties and
5 exercising its rights and powers under this Article Act.
6 For the purpose of evidencing the obligation of the
7 Authority to repay any money borrowed as aforesaid, the
8 Authority may, pursuant to an ordinance adopted by the Board,
9 from time to time issue and dispose of its interest bearing
10 revenue bonds, and may also from time to time issue and
11 dispose of its interest bearing revenue bonds to refund any
12 of its interest bearing revenue bonds or its general
13 obligation bonds at maturity or pursuant to redemption
14 provisions or at any time before maturity with the consent of
15 the holders thereof. All such interest bearing revenue bonds
16 of the Authority shall be payable solely from such of the
17 revenues or income to be derived from the fairs, exhibits,
18 shows and events and other authorized activities operated by
19 it, the charges made for the use of its facilities and the
20 funds, if any, received and to be received by the Authority
21 from any other source as are pledged by the ordinance
22 authorizing the bonds. Such bonds may bear such date or
23 dates, may mature at such time or times not exceeding forty
24 years from their respective dates, may bear interest at such
25 rate or rates, not exceeding the greater of (i) the maximum
26 rate authorized by the Bond Authorization Act, as amended at
27 the time of the making of the contract, or (ii) 8% per annum
28 payable semi-annually, may be in such form, may carry such
29 registration privileges, may be payable at such place or
30 places, may be made subject to redemption in such manner and
31 upon such terms, with or without premium as is stated on the
32 face thereof, may be executed in such manner and may contain
33 such terms and covenants, all as may be provided in said
34 ordinance. In case any officer whose signature appears on
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1 any bond ceases (after attaching his signature) to hold
2 office, his signature shall nevertheless be valid and
3 effective for all purposes. The holder or holders of any
4 bonds, or interest coupons appertaining thereto issued by the
5 Authority may bring suits at law or proceedings in equity to
6 compel the performance and observance by the Authority or any
7 of its officers, agents or employees of any contract or
8 covenant made by the Authority with the holders of such bonds
9 or interest coupons, and to compel the Authority and any of
10 its officers, agents or employees to perform any duties
11 required to be performed for the benefit of the holders of
12 any such bonds or interest coupons by the provisions of the
13 ordinance authorizing their issuance, and to enjoin the
14 Authority and any of its officers, agents or employees from
15 taking any action in conflict with any such contract or
16 covenant.
17 Notwithstanding the form and tenor of any such bonds and
18 in the absence of any express recital on the face thereof
19 that it is non-negotiable, all such bonds shall be negotiable
20 instruments under the law of the State of Illinois.
21 The bonds shall be sold by the corporate authorities of
22 the Authority in such manner as said corporate authorities
23 shall determine, except that if issued to bear interest at
24 the greater of (i) the maximum rate authorized by the Bond
25 Authorization Act, as amended at the time of the making of
26 the contract, or (ii) the rate of 8% per annum, the bonds
27 shall be sold for not less than par and accrued interest and
28 except that the selling price of bonds bearing interest at a
29 rate of less than the greater of (i) the maximum rate
30 authorized by the Bond Authorization Act, as amended at the
31 time of the making of the contract, or (ii) 8% per annum
32 shall be such that the interest cost to the Authority of the
33 money received from the sale of the bonds shall not exceed
34 the greater of (i) the maximum rate authorized by the Bond
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1 Authorization Act, as amended at the time of the making of
2 the contract, or (ii) 8% annually computed to absolute
3 maturity of said bonds according to standard tables of bond
4 values.
5 From and after the issuance of any bonds as herein
6 provided it shall be the duty of the corporate authorities of
7 the Authority to fix and establish rates, charges, rents and
8 fees for the use of facilities acquired, constructed,
9 reconstructed, extended or improved with the proceeds of the
10 sale of said bonds sufficient at all times, with other
11 revenues of the Authority so pledged to pay:
12 (a) the cost of maintaining, repairing, regulating and
13 operating the said facilities; and
14 (b) the bonds and interest thereon as they shall become
15 due, and all sinking fund requirements and other requirements
16 provided by the ordinance authorizing the issuance of the
17 bonds or as provided by any trust agreement executed to
18 secure payment thereof.
19 To secure the payment of any or all of such bonds and for
20 the purpose of setting forth the covenants and undertaking of
21 the Authority in connection with the issuance thereof and the
22 issuance of any additional bonds payable from such revenue
23 income to be derived from the fairs, exhibits, shows and
24 events and from charges made for the use of its facilities or
25 for admissions to its events, or from other revenue, if any,
26 the Authority may execute and deliver a trust agreement or
27 agreements; provided that no lien upon any physical property
28 of the Authority shall be created thereby.
29 A remedy for any breach or default of the terms of any
30 such trust agreement by the Authority may be had by mandamus
31 proceedings in the circuit court to compel performance and
32 compliance therewith, but the trust agreement may prescribe
33 by whom or on whose behalf such action may be instituted.
34 Before any such revenue bonds (excepting refunding bonds)
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1 are sold the entire authorized issue, or any part thereof,
2 shall be offered for sale as a unit after advertising for
3 bids at least 3 times in a daily newspaper of general
4 circulation published in the metropolitan area, the last
5 publication to be at least 10 days before bids are required
6 to be filed. Copies of such advertisement may be published
7 in any newspaper or financial publication in the United
8 States. All bids shall be sealed, filed and opened as
9 provided by ordinance and the bonds shall be awarded to the
10 highest and best bidder or bidders therefor. The Authority
11 shall have the right to reject all bids and readvertise for
12 bids in the manner provided for in the initial advertisement.
13 However, if no bids are received such bonds may be sold at
14 not less than par value, without further advertising, within
15 60 days after the bids are required to be filed pursuant to
16 any advertisement.
17 With respect to instruments for the payment of money
18 issued under this Section either before, on, or after the
19 effective date of Public Act 86-4 this amendatory Act of
20 1989, it is and always has been the intention of the General
21 Assembly (i) that the Omnibus Bond Acts are and always have
22 been supplementary grants of power to issue instruments in
23 accordance with the Omnibus Bond Acts, regardless of any
24 provision of this Article Act that may appear to be or to
25 have been more restrictive than those Acts, (ii) that the
26 provisions of this Section are not a limitation on the
27 supplementary authority granted by the Omnibus Bond Acts, and
28 (iii) that instruments issued under this Section within the
29 supplementary authority granted by the Omnibus Bond Acts are
30 not invalid because of any provision of this Article Act that
31 may appear to be or to have been more restrictive than those
32 Acts.
33 (Source: P.A. 86-4.)
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1 (70 ILCS 235/12)
2 Section 20-27. Bonds; nature of indebtedness. Sec. 12.
3 Under no circumstances shall any bonds issued by the
4 Authority under Section 20-25 11 of this Act be or become an
5 indebtedness or obligation of the State of Illinois or of any
6 other political subdivision of or municipality within the
7 State, nor shall any such bond be or become an indebtedness
8 of the Authority within the purview of any constitutional
9 limitation or provision, and it shall be plainly stated on
10 the face of each such bond that it does not constitute such
11 an indebtedness or obligation but is payable solely from the
12 revenues or income as aforesaid.
13 (Source: P.A. 80-1440.)
14 (70 ILCS 235/14)
15 Section 20-30. Sec. 14. General obligation bonds;
16 conditions. The Authority may borrow money for the purpose of
17 carrying out its duties and exercising its powers under this
18 Article Act, and issue its general obligation bonds as
19 evidence of the indebtedness incurred. In addition to other
20 purposes, such bonds may be issued for the purpose of
21 refunding outstanding general obligation or revenue bonds of
22 the Authority. Such general obligation bonds shall be in the
23 form, shall mature at the time (no later than 40 years from
24 the date of issuance), shall bear interest at the rates (not
25 to exceed the greater of (i) the maximum rate authorized by
26 the Bond Authorization Act, as amended at the time of the
27 making of the contract, or (ii) 8% per annum), shall be
28 executed by the officers, and shall be sold in the manner
29 that the Board shall determine; except that if issued to bear
30 interest at the greater of (i) the maximum rate authorized by
31 the Bond Authorization Act, as amended at the time of the
32 making of the contract, or (ii) the rate of 8% per annum, the
33 bonds shall be sold for not less than par and accrued
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1 interest, and that the selling prices of bonds bearing
2 interest at a rate of less than the greater of (i) the
3 maximum rate authorized by the Bond Authorization Act, as
4 amended at the time of the making of the contract, or (ii) 8%
5 per annum shall be such that the interest cost to the
6 Authority of the money received from the sale of the bonds
7 shall not exceed the greater of (i) the maximum rate
8 authorized by the Bond Authorization Act, as amended at the
9 time of the making of the contract, or (ii) 8% annually
10 computed to absolute maturity of the bonds in accordance with
11 standard tables of bond values. In case any officer whose
12 signature appears on any bond ceases, after affixing his
13 signature, to hold office, his signature shall nevertheless
14 be valid and effective for all purposes.
15 With respect to instruments for the payment of money
16 issued under this Section either before, on, or after the
17 effective date of this amendatory Act of 1989, it is and
18 always has been the intention of the General Assembly (i)
19 that the Omnibus Bond Acts are and always have been
20 supplementary grants of power to issue instruments in
21 accordance with the Omnibus Bond Acts, regardless of any
22 provision of this Article Act that may appear to be or to
23 have been more restrictive than those Acts, (ii) that the
24 provisions of this Section are not a limitation on the
25 supplementary authority granted by the Omnibus Bond Acts, and
26 (iii) that instruments issued under this Section within the
27 supplementary authority granted by the Omnibus Bond Acts are
28 not invalid because of any provision of this Article Act that
29 may appear to be or to have been more restrictive than those
30 Acts.
31 (Source: P.A. 89-626, eff. 8-9-96.)
32 (70 ILCS 235/15)
33 Section 20-35. G.O. bonds; election. Sec. 15. General
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1 obligation bonds of the Authority, shall not be issued until
2 the proposition to issue the same has been submitted to and
3 approved by a majority of the voters of the metropolitan area
4 voting upon the proposition at an election in accordance with
5 the general election law. Any such proposition shall be in
6 substantially the following form:
7 -------------------------------------------------------------
8 Shall bonds of the "Bloomington
9 Civic Center Authority" YES
10 in the amount of ............... ------------------------
11 Dollars ($..........) be issued NO
12 for the purpose of ...............?
13 -------------------------------------------------------------
14 (Source: P.A. 81-1489.)
15 (70 ILCS 235/16)
16 Section 20-40. G.O. bonds; canvass of election returns.
17 Sec. 16. Any referendum required under Sections 20-30 and
18 20-35 14 or 15 of this Act shall be certified by the Board to
19 the proper election officials, who shall conduct the
20 referendum in accordance with the general election law. The
21 returns shall be filed with the secretary of the Board and
22 shall be canvassed and the results ascertained by the Board
23 and entered upon the records of the Authority.
24 (Source: P.A. 81-1489.)
25 (70 ILCS 235/17)
26 Section 20-45. Tax. Sec. 17. If a majority of the voters
27 of the said metropolitan area approve the issuance of bonds
28 as provided in Sections 20-30 14 and 20-35 15 of this Act,
29 the Authority shall have power to levy and collect annually a
30 sum sufficient to pay for the annual principal and interest
31 charges on such bonds.
32 Such taxes proposed by the Authority to be levied upon
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1 the taxable property within the metropolitan area shall be
2 levied by ordinance. After the ordinance has been adopted it
3 shall, within 10 days after its passage, be published once in
4 a newspaper published and having a general circulation within
5 the metropolitan area. A certified copy of such levy
6 ordinance shall be filed with the county clerk no later than
7 the 3rd Tuesday in September in each year. Thereupon the
8 county clerk shall extend such tax.
9 (Source: P.A. 80-1440.)
10 (70 ILCS 235/18, in part)
11 Section 20-50. Board created. Sec. 18. The governing and
12 administrative body of the Authority shall be a board
13 consisting of 5 members and shall be known as the Bloomington
14 Civic Center Authority Board.
15 (Source: P.A. 80-1440.)
16 (70 ILCS 235/19, in part)
17 Section 20-55. Board members appointed. Sec. 19. Within
18 60 days after September 15, 1978 (the effective date of
19 Public Act 80-1440), this Act becomes effective the Mayor of
20 Bloomington with the advice and consent of the Bloomington
21 city council shall appoint 5 members of the Board, one member
22 to be appointed for a term of one year, 2 members to be
23 appointed for terms of 2 years, and 2 members to be appointed
24 for terms of 3 years, such terms commencing on the date each
25 is appointed. At the expiration of the term of any member,
26 his successor shall be appointed by the Mayor of Bloomington
27 in like manner. All successors shall hold office for a term
28 of 3 years from the date of appointment, except in case of an
29 appointment to fill a vacancy.
30 (Source: P.A. 80-1440.)
31 (70 ILCS 235/21)
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1 Section 20-58. Organization of the Board. Sec. 21. As
2 soon as practicably possible after the appointment of the
3 initial members the Board shall organize for the transaction
4 of business, select a chairman, vice-chairman, and a
5 temporary secretary from its own number, and adopt by-laws
6 and regulations to govern its proceedings. The initial
7 chairman and his successors shall be elected by the Board
8 from time to time for the term of his office as a member of
9 the Board.
10 (Source: P.A. 80-1440.)
11 (70 ILCS 235/22, in part)
12 Section 20-60. Quorum; action by 3 Board members. Sec.
13 22. Three members of the Board shall constitute a quorum for
14 the transaction of business. All action of the Board shall
15 be by ordinance or resolution and the affirmative vote of at
16 least 3 members shall be necessary for the adoption of any
17 ordinance or resolution.
18 (Source: P.A. 80-1440.)
19 (70 ILCS 235/24)
20 Section 20-62. Funds; compliance with Public Funds
21 Investment Act. Sec. 24. All funds deposited by the
22 treasurer in any bank or savings and loan association shall
23 be placed in the name of the Authority and shall be withdrawn
24 or paid out only by check or draft upon the bank or savings
25 and loan association, signed by the chairman, vice-chairman,
26 secretary or treasurer and countersigned by one of the same
27 officers, but no one officer shall both sign and countersign
28 a check or draft. The Board may designate any of its members
29 or any officer or employee of the Authority to affix the
30 signature of the chairman and another to affix the signature
31 of the treasurer to any check or draft for payment of
32 salaries or wages and for payment of any other obligation of
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1 not more than $2,500.
2 No bank or savings and loan association shall receive
3 public funds as permitted by this Section, unless it has
4 complied with the requirements established pursuant to
5 Section 6 of the Public Funds Investment Act "An Act relating
6 to certain investments of public funds by public agencies",
7 approved July 23, 1943, as now or hereafter amended.
8 (Source: P.A. 83-541.)
9 (70 ILCS 235/30)
10 Section 20-65. Report and financial statement. Sec. 30.
11 As soon after the end of each fiscal year as may be
12 expedient, the Board shall cause to be prepared and printed a
13 complete and detailed report and financial statement of its
14 operations and of its assets and liabilities. A reasonably
15 sufficient number of copies of such report shall be printed
16 for distribution to persons interested, upon request.
17 (Source: P.A. 80-1440.)
18 Section 20-70. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-3. Purpose.
22 Section 2-5. Definitions.
23 Section 2-10. Lawsuits; common seal.
24 Section 2-25. Incurring obligations.
25 Section 2-30. Prompt payment.
26 Section 2-35. Acquisition of property from person,
27 State, or local agency.
28 Section 2-45. Insurance.
29 Section 2-60. Investment in bonds.
30 Section 2-76. Board members; financial matters;
31 compensation for secretary or treasurer; conflict of
32 interest.
HB0235 Enrolled -65- LRB9000879DJcd
1 Section 2-80. Board members' oath.
2 Section 2-83. Removal of Board member from office.
3 Section 2-85. Board members; vacancy in office.
4 Section 2-97. Board meetings; public records.
5 Section 2-101. Secretary; treasurer; funds deposited in
6 bank or savings and loan association.
7 Section 2-110. Signatures on checks or drafts.
8 Section 2-115. General manager; other appointments.
9 Section 2-120. Ordinances, rules, and regulations; fines
10 and penalties.
11 Section 2-128. Contracts; award to other than highest or
12 lowest bidder by three-fourths vote.
13 Section 2-130. Bids and advertisements.
14 Section 2-132. Bidders; civil action to compel
15 compliance.
16 Section 2-140. State financial support.
17 Section 2-145. Anti-trust laws.
18 Section 2-150. Tax exemption.
19 ARTICLE 25.
20 BOONE COUNTY
21 COMMUNITY BUILDING COMPLEX
22 (70 ILCS 260/1-1)
23 Section 25-1. Sec. 1-1. Short title. This Article may
24 be cited as the Community Building Complex Committee of Boone
25 County Law of 1997.
26 (Source: P.A. 87-230.)
27 (70 ILCS 260/1-5)
28 Section 25-5. Sec. 1-5. Purpose. The purpose of this
29 Article is to allow the Citizens of Boone County to maintain,
30 operate and enhance the existing community building complex
31 and property geographically situated in Belvidere, Illinois.
HB0235 Enrolled -66- LRB9000879DJcd
1 (Source: P.A. 87-230.)
2 (70 ILCS 260/1-10, in part)
3 Section 25-10. Sec. 1-10. Definitions. In this Article:
4 "Committee" means the Community Building Complex
5 Committee of Boone County.
6 "Committee" means the governing and administrative body
7 of the Community Building Complex Committee of Boone County.
8 "Metropolitan area" means all that territory in the State
9 of Illinois lying within the corporate boundaries of Boone
10 County.
11 "Community organization" means a not for profit
12 organization that has been registered with this State for at
13 least 5 years as a not for profit organization, qualifies for
14 tax exempt status under Section 501(c)(3) or 501(c)(4) of the
15 Internal Revenue Code of 1986, and has been established in
16 Boone County for at least 5 years; such as the YMCA and the
17 Boone County Arts Council.
18 (Source: P.A. 87-230.)
19 (70 ILCS 260/1-15, in part)
20 Section 25-15. Sec. 1-15. Creation of Committee.
21 (a) The Community Building Complex Committee of Boone
22 County is created as a political subdivision, body politic,
23 and municipal corporation.
24 (b) The principal office of the Committee shall be in
25 Boone County.
26 (Source: P.A. 87-230.)
27 (70 ILCS 260/1-20)
28 Section 25-20. Sec. 1-20. Duties. The Committee shall
29 promote, operate, and maintain civic meetings and theatrical,
30 sports, and cultural activities from time to time in the
31 Boone County area. In connection with its duties, the
HB0235 Enrolled -67- LRB9000879DJcd
1 Committee shall arrange, finance, and maintain industrial,
2 cultural, educational, theatrical, sports, trade, and
3 scientific exhibits and shall construct, equip, and maintain
4 auditorium, exposition, recreational, and office buildings
5 for those purposes. Providing office space for lease and
6 rental and leasing air space over and appurtenant to those
7 structures are integral functions of the Committee. The
8 Committee is granted all rights and powers necessary to
9 perform its duties.
10 (Source: P.A. 87-230.)
11 (70 ILCS 260/1-25)
12 Section 25-25. Sec. 1-25. Powers. The Committee has the
13 following powers:
14 (a) To acquire, purchase, own, construct, lease as
15 lessee, or in any other way acquire, improve, extend, repair,
16 reconstruct, regulate, operate, equip, and maintain the
17 Community Building Complex including sites, parking areas,
18 and commercial facilities for those structures, located
19 within Boone County.
20 (b) To plan for grounds, centers, and auditoriums; to
21 plan, sponsor, hold, arrange, and finance fairs, industrial,
22 cultural, educational, trade, and scientific exhibits, shows,
23 and events; and to use or allow the use of those grounds,
24 centers, and auditoriums for the holding of fairs, exhibits,
25 shows, and events, whether conducted by the Committee or some
26 other person or governmental agency.
27 (c) To fix and collect just, reasonable, and
28 nondiscriminatory (i) charges and rents for the use of its
29 parking areas and facilities, grounds, centers, buildings,
30 and auditoriums and (ii) admission charges to fairs, shows,
31 exhibits, and events sponsored or held by the Committee. The
32 charges collected may be made available to defray the
33 reasonable expenses of the Committee and to pay the principal
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1 of and interest on any bonds issued by the Committee.
2 (d) To enter into contracts treating in any manner with
3 the objects and purposes of this Article.
4 (Source: P.A. 87-230.)
5 (70 ILCS 260/1-35)
6 Section 25-27. Sec. 1-35. Acquisition of property. The
7 Committee has the power (i) to acquire and accept by
8 purchase, lease, gift, or otherwise any property or rights
9 from any person or persons, or from any municipal
10 corporation, or body politic, (ii) to apply for and accept
11 grants, matching grants, or loans from the State of Illinois
12 or any agency or instrumentality of the State to be used for
13 any of the purposes of the Committee other than capital
14 development, and (iii) to enter into any agreement with the
15 State of Illinois in relation to those grants, matching
16 grants, or loans.
17 (Source: P.A. 87-230.)
18 (70 ILCS 260/1-65)
19 Section 25-30. Sec. 1-65. Food and beverage tax.
20 (a) For the sole purpose of obtaining funds for the
21 support, construction, maintenance, or financing of a
22 facility of the Committee, the city council of the City of
23 Belvidere, within the city, and the county board of Boone
24 County, within those areas of the county outside the City of
25 Belvidere, may jointly impose a tax on the retail sale of
26 food and beverages that have been prepared for immediate
27 consumption. The tax shall not exceed the rate of 1% of the
28 selling price of such food and beverages. A tax imposed
29 under this Section shall be in addition to any other taxes
30 imposed on food and beverages.
31 (b) The purchaser of food and beverages shall be liable
32 for the payment of a tax imposed under this Section. The
HB0235 Enrolled -69- LRB9000879DJcd
1 city council of the City of Belvidere and the county board of
2 Boone County may, however, jointly require that any person
3 engaged in the business of making retail sales that are
4 subject to the tax must collect the tax and pay over the
5 proceeds of the tax as prescribed by ordinances of the city
6 council and county board.
7 (c) For the purposes of this Section, the support,
8 construction, maintenance, or financing of a facility of the
9 Committee may include the establishment of reserve funds and
10 the expenditure of funds under an intergovernmental agreement
11 for those purposes.
12 (d) The authority to impose a tax under this Section
13 terminates 10 years after the effective date of the ordinance
14 authorizing the tax unless (i) a continuation of the tax is
15 approved by the voters of Boone County by referendum
16 conducted in accordance with the general election law or (ii)
17 there are outstanding bonds of the Committee.
18 (Source: P.A. 87-230.)
19 (70 ILCS 260/1-70, in part)
20 Section 25-35. Sec. 1-70. Creation of the Committee. The
21 governing and administrative body of the Committee shall
22 consist of 11 members and shall be known as the Community
23 Building Complex Committee. The members of the Committee
24 shall be individuals of generally recognized ability and
25 integrity.
26 (Source: P.A. 87-230.)
27 (70 ILCS 260/1-75, in part)
28 Section 25-40. Sec. 1-75. Members of the Committee.
29 Within 60 days after September 3, 1991 (the effective date of
30 Article 1 of Public Act 87-230) this Article becomes
31 effective, the appointing authorities shall appoint the
32 initial members of the Committee as follows:
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1 (1) The chairman of the county board of Boone
2 County, with the advice and consent of the county board,
3 shall appoint 2 members, one of whom shall not be a
4 member of the county board.
5 (2) The mayor of the City of Belvidere, with the
6 advice and consent of the city council, shall appoint 2
7 members, one of whom shall not be a member of the city
8 council.
9 (3) The supervisor of Belvidere Township, with the
10 advice and consent of the township board of trustees,
11 shall appoint one member.
12 (4) The boards of trustees of all townships within
13 Boone County, except Belvidere Township, shall
14 collectively appoint one member.
15 (5) The president of the Belvidere Park Board, with
16 the advice and consent of the park board, shall appoint
17 one member.
18 (6) The chairman of the county board of Boone
19 County, with the advice and consent of the county board,
20 shall appoint 2 members from nominations submitted by
21 community organizations.
22 (7) The school board of Belvidere Community Unit
23 School District Number 100 shall appoint one member.
24 (8) The school board of North Boone Community Unit
25 School District Number 200 shall appoint one member.
26 The initial members of the Committee shall serve for
27 terms determined by lot at the first meeting of the Committee
28 as follows: 4 members for a term of one year; 4 members for
29 a term of 2 years; and 3 members for a term of 3 years. The
30 successors of the initial members shall be appointed in like
31 manner for 3 year terms from the date of appointment, except
32 in case of an appointment to fill a vacancy for an unexpired
33 term.
34 (Source: P.A. 87-230.)
HB0235 Enrolled -71- LRB9000879DJcd
1 (70 ILCS 260/1-80, in part)
2 Section 25-45. Removal of Board members. Sec. 1-80.
3 Vacancy in office. The appointing authority may remove any
4 member of the Committee in case of incompetency, neglect of
5 duty, or malfeasance in office, after service on the member,
6 by registered United States mail, return receipt requested,
7 of a copy of the written charges against the member and after
8 an opportunity to be publicly heard in person or by counsel
9 in his or her own defense upon being notified not less than
10 10 days before the hearing.
11 (Source: P.A. 87-230.)
12 (70 ILCS 260/1-90, in part)
13 Section 25-50. Quorum; action by 6 Board members;
14 approval by chairman. Sec. 1-90. Meetings; ordinances. Six
15 members of the Committee shall constitute a quorum for the
16 transaction of business. All actions of the Committee shall
17 be by ordinance or resolution, and the affirmative vote of at
18 least 6 members shall be necessary for the adoption of any
19 ordinance or resolution. Before taking effect, all
20 ordinances and resolutions shall be approved by the chairman
21 of the Committee by signing the ordinance or resolution. If
22 the chairman does not approve of an ordinance or resolution,
23 he shall return it to the Committee with written objections
24 at the next regular meeting of the Committee after the
25 passage of the ordinance or resolution. If the chairman
26 fails to return the ordinance or resolution with written
27 objections at that meeting, the ordinance or resolution takes
28 effect as if the chairman had approved it. Upon the return of
29 a resolution or ordinance by the chairman with written
30 objections, the Committee shall reconsider its vote. If upon
31 reconsideration the resolution or ordinance passes with at
32 least 7 votes, it shall take effect notwithstanding the veto
33 of the chairman.
HB0235 Enrolled -72- LRB9000879DJcd
1 (Source: P.A. 87-230.)
2 (70 ILCS 260/1-120)
3 Section 25-55. Sec. 1-120. Contracts.
4 (a) All contracts for the sale of property of a value of
5 more than $5,000 or for a concession in or lease of property,
6 including air rights, of the Committee for a term of more
7 than one year shall be awarded to the highest responsible
8 bidder after advertising for bids. All construction
9 contracts and contracts for supplies, materials, equipment,
10 and services, when the expense will exceed $5,000, shall be
11 let to the lowest responsible bidder after advertising for
12 bids, except (i) when repair parts, accessories, equipment,
13 or services are required for equipment or services previously
14 furnished or contracted for, (ii) when the nature of the
15 services required is such that competitive bidding is not in
16 the best interest of the public, including without limitation
17 the services of accountants, architects, attorneys,
18 engineers, physicians, superintendents of construction, and
19 others possessing a high degree of skill, and (iii) when
20 services such as water, light, heat, power, telephone, or
21 telegraph are required.
22 (b) All contracts involving less than $5,000 shall be
23 let by competitive bidding to the lowest responsible bidder
24 whenever possible and, in any event, in a manner calculated
25 to ensure insure the best interests of the public.
26 Competitive bidding is not required for the lease of real
27 estate or buildings owned or controlled by the Committee.
28 The Committee is empowered to offer those leases upon terms
29 it deems advisable.
30 (c) In determining the responsibility of any bidder, the
31 Committee may take into account the past records of dealings
32 with the bidder, the bidder's experience, adequacy of
33 equipment, and ability to complete performance within the
HB0235 Enrolled -73- LRB9000879DJcd
1 time set, and other factors besides financial responsibility,
2 but in no case shall any contracts be awarded to any other
3 than the highest bidder (in case of sale, concession, or
4 lease) or the lowest bidder (in case of purchase or
5 expenditure) unless authorized or approved by a vote of at
6 least 7 members of the Committee and unless the action is
7 accompanied by a statement in writing setting forth the
8 reasons for not awarding the contract to the highest or
9 lowest bidder, as the case may be, which statement shall be
10 kept on file in the principal office of the Committee and
11 open to public inspection.
12 (d) Members of the Committee, officers and employees of
13 the Committee, and their relatives within the third degree of
14 consanguinity by the terms of the civil law are forbidden to
15 be interested directly or indirectly in any contract for
16 construction or maintenance work or for the delivery of
17 materials, supplies, or equipment.
18 (e) The Committee shall have the right to reject all
19 bids and to readvertise for bids. If no responsible and
20 satisfactory bid within the terms of the advertisement is
21 received, the Committee may award the contract without
22 competitive bidding if the contract is not less advantageous
23 to the Committee than any valid bid received in response to
24 advertisement.
25 (f) The Committee shall adopt rules and regulations to
26 carry into effect the provisions of this Section.
27 (Source: P.A. 87-230.)
28 (70 ILCS 260/1-150)
29 Section 25-60. State appropriations for capital
30 development prohibited. Sec. 1-150. Prohibition. The
31 Committee is prohibited from receiving or accepting any funds
32 appropriated by the General Assembly to the Committee for the
33 purpose of capital development.
HB0235 Enrolled -74- LRB9000879DJcd
1 (Source: P.A. 87-230.)
2 Section 25-65. Standard civic center provisions
3 incorporated by reference. The following Sections of this
4 Code are incorporated by reference into this Article:
5 Section 2-5. Definitions.
6 Section 2-10. Lawsuits; common seal.
7 Section 2-25. Incurring obligations.
8 Section 2-30. Prompt payment.
9 Section 2-40. Federal money.
10 Section 2-45. Insurance.
11 Section 2-50. Borrowing; revenue bonds; suits to compel
12 performance.
13 Section 2-55. Bonds; nature of indebtedness.
14 Section 2-60. Investment in bonds.
15 Section 2-75. Board members; financial matters; conflict
16 of interest.
17 Section 2-80. Board members' oath.
18 Section 2-85. Board members; vacancy in office.
19 Section 2-90. Organization of the Board.
20 Section 2-97. Board meetings; public records.
21 Section 2-100. Secretary; treasurer.
22 Section 2-105. Funds.
23 Section 2-110. Signatures on checks or drafts.
24 Section 2-115. General manager; other appointments.
25 Section 2-122. Rules and regulations; penalties.
26 Section 2-130. Bids and advertisements.
27 Section 2-132. Bidders; civil action to compel
28 compliance.
29 Section 2-135. Report and financial statement.
30 Section 2-145. Anti-trust laws.
31 Section 2-150. Tax exemption.
32 ARTICLE 30.
HB0235 Enrolled -75- LRB9000879DJcd
1 BOWDRE TOWNSHIP CIVIC CENTER
2 (70 ILCS 305/3-1)
3 Section 30-1. Short title. Sec. 3-1. This Article shall
4 be known and may be cited as the Bowdre "Bowdre Township
5 Civic Center Law of 1997".
6 (Source: P.A. 85-793.)
7 (70 ILCS 305/3-2, in part)
8 Section 30-5. Definitions. Sec. 3-2. As used in this
9 Article, unless the context otherwise requires:
10 "Authority" means the Bowdre Township Metropolitan
11 Exposition, Auditorium and Office Building Authority.
12 "Board" means the governing and administrative body of
13 the Bowdre Township Metropolitan Exposition, Auditorium and
14 Office Building Authority.
15 "Metropolitan area" means all that territory which lies
16 within the corporate boundaries of the Township of Bowdre, in
17 the County of Douglas.
18 (Source: P.A. 85-793.)
19 (70 ILCS 305/3-3, in part)
20 Section 30-10. Authority created; principal office. Sec.
21 3-3. There is hereby created a unit of local government
22 known as the Bowdre Township Metropolitan Exposition,
23 Auditorium and Office Building Authority in the metropolitan
24 area.
25 The principal office of the Authority shall be in the
26 Village of Hindsboro.
27 (Source: P.A. 85-793.)
28 (70 ILCS 305/3-11)
29 Section 30-12. Bonds; nature of indebtedness. Sec. 3-11.
30 Under no circumstances shall any bonds issued by the
HB0235 Enrolled -76- LRB9000879DJcd
1 Authority be or become an indebtedness or obligation of the
2 State of Illinois or any unit of local government or school
3 district within the State, nor shall any such bond or
4 obligation be or become an indebtedness of the Authority
5 within the purview of any constitutional limitation or
6 provision, and it shall be plainly stated on the face of each
7 bond that it does not constitute such an indebtedness or
8 obligation but is payable solely from revenues or income.
9 (Source: P.A. 85-793.)
10 (70 ILCS 305/3-12)
11 Section 30-13. Investment in bonds. Sec. 3-12. The
12 State and all counties, cities, villages, incorporated towns
13 and other units of local government and public bodies, and
14 public officers of any thereof, all banks, bankers, trust
15 companies, savings banks and institutions, building and loan
16 associations, savings and loan associations, investment
17 companies and other persons carrying on an insurance business
18 and all executors, administrators, guardians, trustees and
19 other fiduciaries may legally invest any sinking funds,
20 moneys or other funds belonging to them or within their
21 control in any bonds issued pursuant to this Article, it
22 being the purpose of this Section to authorize the investment
23 in such bonds of all sinking, insurance, retirement,
24 compensation, pension and trust funds, whether owned or
25 controlled by private or public persons or officers;
26 provided, however, that nothing contained in this Section may
27 be construed as relieving any person from any duty of
28 exercising reasonable care in selecting securities for
29 investment.
30 (Source: P.A. 85-793.)
31 (70 ILCS 305/3-13, in part)
32 Section 30-15. Board created. Sec. 3-13. The governing
HB0235 Enrolled -77- LRB9000879DJcd
1 and administrative body of the Authority shall be known as
2 the Bowdre Township Metropolitan Exposition, Auditorium and
3 Office Building Board.
4 (Source: P.A. 85-793.)
5 (70 ILCS 305/3-14)
6 Section 30-20. Board members appointed. Sec. 3-14. The
7 Village President of Hindsboro and the Hindsboro Village
8 Board of Trustees shall constitute the Bowdre Township
9 Metropolitan Exposition, Auditorium and Office Building
10 Board. However, within 30 days after the effective date of
11 this amendatory Act of 1988, the Village President of
12 Hindsboro, with the advice and consent of the Hindsboro
13 Village Board of Trustees, shall appoint 2 members of the
14 Bowdre Township Board of Trustees to serve as additional
15 members of the Board. Before entering upon the duties of his
16 office, each member of the Board shall take and subscribe the
17 constitutional oath of office and file it in the office of
18 the Secretary of State.
19 (Source: P.A. 85-1371.)
20 (70 ILCS 305/3-15)
21 Section 30-25. Board members; concurrent offices. Sec.
22 3-15. Members of the Board shall hold office during their
23 term of office as the Village President of Hindsboro, on the
24 Hindsboro Village Board of Trustees or on the Bowdre Township
25 Board of Trustees. If any member appointed to the Board
26 pursuant to this amendatory Act of 1988 ceases to be a member
27 of the Bowdre Township Board of Trustees, a vacancy in his
28 office on the Board shall be deemed to have occurred, and
29 such vacancy shall be filled in the same manner as the
30 original appointment.
31 (Source: P.A. 85-1371.)
HB0235 Enrolled -78- LRB9000879DJcd
1 (70 ILCS 305/3-25)
2 Section 30-30. Report and financial statement. Sec. 3-25.
3 As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested upon request, and a
9 copy thereof shall be filed with the county clerk and the
10 Village President of Hindsboro.
11 (Source: P.A. 85-793.)
12 Section 30-35. Standard civic center provisions
13 incorporated by reference. The following Sections of this
14 Code are incorporated by reference into this Article:
15 Section 2-5. Definitions.
16 Section 2-10. Lawsuits; common seal.
17 Section 2-17. Duties; auditorium and other buildings.
18 Section 2-21. Rights and powers.
19 Section 2-25. Incurring obligations.
20 Section 2-30. Prompt payment.
21 Section 2-36. Acquisition of property from person or
22 governmental agency.
23 Section 2-40. Federal money.
24 Section 2-45. Insurance.
25 Section 2-51. Borrowing; revenue bonds; mandamus or other
26 actions to compel performance.
27 Section 2-75. Board members; financial matters; conflict
28 of interest.
29 Section 2-90. Organization of the Board.
30 Section 2-95. Meetings; action by 5 Board members.
31 Section 2-101. Secretary; treasurer; funds deposited in
32 bank or savings and loan association.
33 Section 2-106. Funds; compliance with Public Funds
HB0235 Enrolled -79- LRB9000879DJcd
1 Investment Act.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties.
6 Section 2-127. Contracts; award to other than highest or
7 lowest bidder by four-fifths vote.
8 Section 2-130. Bids and advertisements.
9 Section 2-140. State financial support.
10 Section 2-145. Anti-trust laws.
11 Section 2-150. Tax exemption.
12 ARTICLE 35.
13 BROWNSTOWN PARK
14 DISTRICT CIVIC CENTER
15 (70 ILCS 220/5-2)
16 Section 35-1. Short title. Sec. 5-2. This Article shall
17 be known and may be cited as the Brownstown Park District
18 Civic Center Law of 1997 Act.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/5-3, in part)
21 Section 35-5. Definitions. Sec. 5-3. When used in this
22 Article Act:
23 "Authority" means the Brownstown Park District Civic
24 Center Authority.
25 "Board" means the governing and administrative body of
26 the Brownstown Park District Civic Center Authority.
27 "Metropolitan area" means all that territory in the State
28 of Illinois lying within the corporate boundaries of the
29 Brownstown Park District in the County of Fayette.
30 (Source: P.A. 84-245.)
HB0235 Enrolled -80- LRB9000879DJcd
1 (70 ILCS 220/5-4, in part)
2 Section 35-10. Authority created; principal office. Sec.
3 5-4. There is hereby created a political subdivision, body
4 politic and municipal corporation by the name and style of
5 the Brownstown Park District Civic Center Authority in the
6 metropolitan area.
7 The principal office of the Authority shall be in the
8 Village of Brownstown.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/5-14, in part)
11 Section 35-15. Board created. Sec. 5-14. The governing
12 and administrative body of the Authority shall be a board
13 consisting of 9 members and shall be known as the Brownstown
14 Park District Civic Center Authority Board. The members of
15 the board shall be individuals of generally recognized
16 ability and integrity.
17 (Source: P.A. 84-245.)
18 (70 ILCS 220/5-15, in part)
19 Section 35-20. Board members appointed. Sec. 5-15. Within
20 60 days after September 3, 1985 (the effective date of
21 Article 5 of Public Act 84-245), this Article becomes
22 effective: the President of the Village of Brownstown with
23 the advice and consent of the Village board of trustees shall
24 appoint 3 members of the Board for initial terms expiring
25 June 1, 1986; 3 members for initial terms expiring June 1,
26 1987; and 3 members for initial terms expiring June 1, 1988.
27 The successors of the initial members shall be appointed in
28 like manner for 3 year terms from the date of appointment,
29 except in case of an appointment to fill a vacancy.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/5-16, in part)
HB0235 Enrolled -81- LRB9000879DJcd
1 Section 35-25. Removal of Board members. Sec. 5-16. The
2 appointing officer, with the advice and consent of the
3 village board of trustees, may remove any member of the Board
4 appointed by him, in case of incompetency, neglect of duty,
5 or malfeasance in office, after service on him, by registered
6 United States mail, return requested, of a copy of the
7 written charges against him and an opportunity to be publicly
8 heard in person or by counsel in his own defense upon not
9 less than 10 days' notice.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/5-25, in part)
12 Section 35-30. Bidders; civil action to compel
13 compliance. Sec. 5-25. Any bidder who has submitted a bid in
14 compliance with the requirements for bidding under this
15 Article may bring a civil action in the circuit court of
16 Fayette county in which the metropolitan area is located to
17 compel compliance with the provisions of this Article
18 relating to the awarding of contracts by the Board.
19 (Source: P.A. 84-245.)
20 Section 35-35. Standard civic center provisions
21 incorporated by reference. The following Sections of this
22 Code are incorporated by reference into this Article:
23 Section 2-3. Purpose.
24 Section 2-5. Definitions.
25 Section 2-10. Lawsuits; common seal.
26 Section 2-15. Duties; auditorium, recreational, and other
27 buildings; lease of space.
28 Section 2-20. Rights and powers, including eminent
29 domain.
30 Section 2-25. Incurring obligations.
31 Section 2-35. Acquisition of property from person,
32 State, or local agency.
HB0235 Enrolled -82- LRB9000879DJcd
1 Section 2-40. Federal money.
2 Section 2-45. Insurance.
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance.
5 Section 2-55. Bonds; nature of indebtedness.
6 Section 2-60. Investment in bonds.
7 Section 2-75. Board members; financial matters; conflict
8 of interest.
9 Section 2-80. Board members' oath.
10 Section 2-85. Board members; vacancy in office.
11 Section 2-90. Organization of the Board.
12 Section 2-95. Meetings; action by 5 Board members.
13 Section 2-100. Secretary; treasurer.
14 Section 2-105. Funds.
15 Section 2-110. Signatures on checks or drafts.
16 Section 2-115. General manager; other appointments.
17 Section 2-122. Rules and regulations; penalties.
18 Section 2-125. Contracts; award to other than highest or
19 lowest bidder by vote of 5 Board members.
20 Section 2-130. Bids and advertisements.
21 Section 2-135. Report and financial statement.
22 Section 2-140. State financial support.
23 Section 2-145. Anti-trust laws.
24 Section 2-150. Tax exemption.
25 ARTICLE 40.
26 CARBONDALE CIVIC CENTER
27 (70 ILCS 325/2-2)
28 Section 40-1. Short title. Sec. 2-2. This Article may be
29 cited as the Carbondale Civic Center Law of 1997.
30 (Source: P.A. 86-907; 86-1028.)
31 (70 ILCS 325/2-3, in part)
HB0235 Enrolled -83- LRB9000879DJcd
1 Section 40-5. Definitions. Sec. 2-3. When used in this
2 Article:
3 "Authority" means the Carbondale Civic Center Authority.
4 "Board" means the governing and administrative body of
5 the Carbondale Civic Center Authority.
6 "Metropolitan area" means all that territory in the State
7 of Illinois lying within the corporate boundaries of the City
8 of Carbondale.
9 (Source: P.A. 86-907; 86-1028.)
10 (70 ILCS 325/2-4, in part)
11 Section 40-10. Authority created; principal office. Sec.
12 2-4. There is hereby created a political subdivision, body
13 politic and municipal corporation by the name and style of
14 the Carbondale Civic Center Authority in the metropolitan
15 area.
16 The principal office of the Authority shall be in the
17 City of Carbondale.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/2-14, in part)
20 Section 40-15. Board created. Sec. 2-14. The governing
21 and administrative body of the Authority shall be a board
22 consisting of 9 members and shall be known as the Carbondale
23 Civic Center Authority Board. The members of the Board shall
24 be individuals of generally recognized ability and integrity.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/2-15, in part)
27 Section 40-20. Board members appointed. Sec. 2-15. Within
28 60 days after September 11, 1989 (the effective date of
29 Article 2 of Public Act 86-907) this Act becomes effective,
30 the mayor of Carbondale, with the advice and consent of the
31 city council, shall appoint 3 members of the Board for
HB0235 Enrolled -84- LRB9000879DJcd
1 initial terms expiring June 1, 1990; 3 members for initial
2 terms expiring June 1, 1991; and 3 members for initial terms
3 expiring June 1, 1992. The successors of the initial members
4 shall be appointed in like manner for 3 year terms from the
5 date of appointment, except in case of an appointment to fill
6 a vacancy.
7 (Source: P.A. 86-907.)
8 (70 ILCS 325/2-16, in part)
9 Section 40-25. Removal of Board members. Sec. 2-16. The
10 mayor of Carbondale, with the advice and consent of the city
11 council, may remove any member of the Board appointed by him,
12 in case of incompetency, neglect of duty or malfeasance in
13 office, after service on him, by registered United States
14 mail, return receipt requested, of a copy of the written
15 charges against him and an opportunity to be publicly heard
16 in person or by counsel in his own defense upon not less than
17 10 days notice.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/2-25, in part)
20 Section 40-30. Bidders; civil action to compel
21 compliance. Sec. 2-25. Any bidder who has submitted a bid in
22 compliance with the requirements for bidding under this
23 Article may bring a civil action in the Circuit Court of
24 Jackson County in which the metropolitan area is located to
25 compel compliance with the provisions of this Article Act
26 relating to the awarding of contracts by the Board.
27 (Source: P.A. 86-907.)
28 Section 40-35. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
HB0235 Enrolled -85- LRB9000879DJcd
1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-15. Duties; auditorium, recreational, and other
4 buildings; lease of space.
5 Section 2-20. Rights and powers, including eminent
6 domain.
7 Section 2-25. Incurring obligations.
8 Section 2-30. Prompt payment.
9 Section 2-35. Acquisition of property from person,
10 State, or local agency.
11 Section 2-40. Federal money.
12 Section 2-45. Insurance.
13 Section 2-50. Borrowing; revenue bonds; suits to compel
14 performance.
15 Section 2-55. Bonds; nature of indebtedness.
16 Section 2-60. Investment in bonds.
17 Section 2-75. Board members; financial matters; conflict
18 of interest.
19 Section 2-80. Board members' oath.
20 Section 2-85. Board members; vacancy in office.
21 Section 2-90. Organization of the Board.
22 Section 2-95. Meetings; action by 5 Board members.
23 Section 2-100. Secretary; treasurer.
24 Section 2-105. Funds.
25 Section 2-110. Signatures on checks or drafts.
26 Section 2-115. General manager; other appointments.
27 Section 2-122. Rules and regulations; penalties.
28 Section 2-125. Contracts; award to other than highest or
29 lowest bidder by vote of 5 Board members.
30 Section 2-130. Bids and advertisements.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-145. Anti-trust laws.
34 Section 2-150. Tax exemption.
HB0235 Enrolled -86- LRB9000879DJcd
1 ARTICLE 45.
2 CAVE IN ROCK TOWNSHIP CIVIC CENTER
3 (70 ILCS 240/1001)
4 Section 45-1. Sec. 1001. Short title. This Article may
5 be cited as the Cave in Rock Township Civic Center Law of
6 1997.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 240/1003, in part)
9 Section 45-5. Sec. 1003. Definitions. In this Article:
10 "Authority" means the Cave in Rock Township Civic Center
11 Authority.
12 "Board" means the governing and administrative body of
13 the Cave in Rock Township Civic Center Authority.
14 "Metropolitan area" means all that territory in the State
15 of Illinois lying within the corporate boundaries of Cave in
16 Rock Township in Hardin County.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 240/1004, in part)
19 Section 45-10. Sec. 1004. Creation of Authority.
20 (a) The Cave in Rock Township Civic Center Authority is
21 created as a political subdivision, body politic, and
22 municipal corporation in the metropolitan area.
23 (b) The principal office of the Authority shall be in
24 Cave in Rock Township.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 240/1006)
27 Section 45-12. Sec. 1006. Powers. The Authority has
28 the following powers:
29 (a) To acquire, purchase, own, construct, lease as
30 lessee, or in any other way acquire, improve, extend, repair,
HB0235 Enrolled -87- LRB9000879DJcd
1 reconstruct, regulate, operate, equip, and maintain
2 exhibition centers, civic auditoriums, cultural facilities,
3 and office buildings, including sites, parking areas, and
4 commercial facilities for those structures, located within
5 the metropolitan area.
6 (b) To plan for grounds, centers, and auditoriums; to
7 plan, sponsor, hold, arrange, and finance fairs, industrial,
8 cultural, educational, trade, and scientific exhibits, shows,
9 and events; and to use or allow the use of those grounds,
10 centers, and auditoriums for the holding of fairs, exhibits,
11 shows, and events, whether conducted by the Authority or some
12 other person or governmental agency.
13 (c) To fix and collect just, reasonable, and
14 nondiscriminatory (i) charges and rents for the use of its
15 parking areas and facilities, grounds, centers, buildings,
16 and auditoriums and (ii) admission charges to fairs, shows,
17 exhibits, and events sponsored or held by the Authority. The
18 charges collected may be made available to defray the
19 reasonable expenses of the Authority and to pay the principal
20 of and interest on any bonds issued by the Authority.
21 (d) To enter into contracts treating in any manner with
22 the objects and purposes of this Article.
23 (Source: P.A. 86-1414.)
24 (70 ILCS 240/1014, in part)
25 Section 45-15. Sec. 1014. Creation of the Board. The
26 governing and administrative body of the Authority shall be a
27 board consisting of 7 members and shall be known as the Cave
28 in Rock Township Civic Center Authority Board. The members
29 of the Board shall be individuals of generally recognized
30 ability and integrity.
31 (Source: P.A. 86-1414.)
32 (70 ILCS 240/1015, in part)
HB0235 Enrolled -88- LRB9000879DJcd
1 Section 45-20. Sec. 1015. Members of the Board appointed.
2 Within 60 days after September 11, 1990 (the effective date
3 of Article 1 of Public Act 86-1414) this Article becomes
4 effective, the village president of the village of Cave in
5 Rock, with the advice and consent of the corporate
6 authorities of the village of Cave in Rock, shall appoint 3
7 members of the Board for initial terms expiring June 1, 1991;
8 2 members for initial terms expiring June 1, 1992; and 2
9 members for initial terms expiring June 1, 1993. The
10 successors of the initial members shall be appointed in like
11 manner for 3 year terms from the date of appointment, except
12 in case of an appointment to fill a vacancy for an unexpired
13 term. At least 3 members of the Board shall be residents of
14 that part of the township of Cave in Rock outside the
15 corporate limits of the village of Cave in Rock. The
16 remaining members shall be residents of the village of Cave
17 in Rock.
18 (Source: P.A. 86-1414.)
19 (70 ILCS 240/1016, in part)
20 Section 45-25. Removal of Board members. Sec. 1016.
21 Vacancy in office. The village president of the village of
22 Cave in Rock, with the advice and consent of the corporate
23 authorities of the village of Cave in Rock, may remove any
24 member of the Board in case of incompetency, neglect of duty,
25 or malfeasance in office, after service on the member, by
26 registered United States mail, return receipt requested, of a
27 copy of the written charges against the member and after an
28 opportunity to be publicly heard in person or by counsel in
29 his or her own defense upon being notified not less than 10
30 days before the hearing.
31 (Source: P.A. 86-1414.)
32 Section 45-30. Standard civic center provisions
HB0235 Enrolled -89- LRB9000879DJcd
1 incorporated by reference. The following Sections of this
2 Code are incorporated by reference into this Article:
3 Section 2-3. Purpose.
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-15. Duties; auditorium, recreational, and other
7 buildings; lease of space.
8 Section 2-25. Incurring obligations.
9 Section 2-30. Prompt payment.
10 Section 2-35. Acquisition of property from person,
11 State, or local agency.
12 Section 2-40. Federal money.
13 Section 2-45. Insurance.
14 Section 2-50. Borrowing; revenue bonds; suits to compel
15 performance.
16 Section 2-55. Bonds; nature of indebtedness.
17 Section 2-60. Investment in bonds.
18 Section 2-75. Board members; financial matters; conflict
19 of interest.
20 Section 2-80. Board members' oath.
21 Section 2-85. Board members; vacancy in office.
22 Section 2-90. Organization of the Board.
23 Section 2-96. Meetings; action by 4 Board members.
24 Section 2-100. Secretary; treasurer.
25 Section 2-105. Funds.
26 Section 2-110. Signatures on checks or drafts.
27 Section 2-115. General manager; other appointments.
28 Section 2-122. Rules and regulations; penalties.
29 Section 2-126. Contracts; award to other than highest or
30 lowest bidder by vote of 4 Board members.
31 Section 2-130. Bids and advertisements.
32 Section 2-132. Bidders; civil action to compel
33 compliance.
34 Section 2-135. Report and financial statement.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 50.
5 CENTRE EAST CIVIC CENTER
6 (70 ILCS 270/5-1)
7 Section 50-1. Short title. Sec. 5-1. This Article 5 shall
8 be known and may be cited as the Centre "Centre East Civic
9 Center Law of 1997 Act".
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/5-2, in part)
12 Section 50-5. Definitions. Sec. 5-2. As used in this
13 Article, unless the context otherwise requires:
14 "Authority" means the Centre East Metropolitan
15 Exposition, Auditorium and Office Building Authority.
16 "Board" means the governing and administrative body of
17 the Centre East Metropolitan Exposition, Auditorium and
18 Office Building Authority.
19 "Metropolitan area" means all that territory in the State
20 of Illinois lying within the corporate boundaries of Niles
21 Township or any municipality a part of which lies within
22 Niles Township.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/5-3, in part)
25 Section 50-10. Authority created; principal office. Sec.
26 5-3. There is hereby created a unit of local government known
27 as the Centre East Metropolitan Exposition, Auditorium and
28 Office Building Authority in the metropolitan area.
29 The principal office of the Authority shall be in the
30 Village of Skokie.
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1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/5-10)
3 Section 50-15. Borrowing; revenue bonds. Sec. 5-10. The
4 Authority shall have continuing power to borrow money for the
5 purpose of carrying out and performing its duties and
6 exercising its powers under this Article Act.
7 For the purpose of evidencing the obligation of the
8 Authority to repay any money borrowed as aforesaid, the
9 Authority may, pursuant to an ordinance adopted by the Board,
10 from time to time issue and dispose of its interest bearing
11 revenue bonds, and may also from time to time issue and
12 dispose of its interest bearing revenue bonds to refund any
13 bonds at maturity or pursuant to redemption provisions or at
14 any time before maturity with the consent of the holders
15 thereof. All such bonds shall be payable solely from the
16 revenues or income to be derived from the fairs, expositions,
17 exhibitions, rentals and leases and other authorized
18 activities operated by the Authority, and from funds, if any,
19 received and to be received by the Authority from any other
20 source. Such bonds may bear such date or dates, may mature
21 at such time or times not exceeding 40 years from their
22 respective dates, may bear interest at such rate or rates,
23 may be in such form, may carry such registration privileges,
24 may be executed in such manner, may be payable at such place
25 or places, may be made subject to redemption in such manner
26 and upon such terms, with or without premium as is stated on
27 the face thereof, may be executed in such manner and may
28 contain such terms and covenants, all as may be provided in
29 the ordinance. In case any officer whose signature appears
30 on any bond ceases (after attaching his signature) to hold
31 office,; his signature shall nevertheless be valid and
32 effective for all purposes. The holder or holders of any
33 bonds, or interest coupons appertaining thereto, issued by
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1 the Authority may bring mandamus, injunction, or other civil
2 actions or and proceedings to compel the performance and
3 observance by the Authority or any of its officers, agents or
4 employees of or any contract or covenant made by the
5 Authority with the holders of such bonds or interest coupons,
6 and to compel the Authority and any of its officers, agents
7 or employees to perform any duties required to be performed
8 for the benefit of the holders of any such bonds or interest
9 coupons by the provisions of the ordinance authorizing their
10 issuance, and to enjoin the Authority and any of its
11 officers, agents or employees from taking any action in
12 conflict with any such contract or covenant.
13 Notwithstanding the form and tenor of any such bonds and
14 in the absence of any express recital on the face thereof
15 that it is non-negotiable, all such bonds shall be negotiable
16 instruments under the Uniform Commercial Code of the State of
17 Illinois.
18 From and after the issuance of any bonds as herein
19 provided it shall be the duty of the corporate authorities of
20 the Authority to fix and establish rates, charges, rents, and
21 fees for the use of facilities acquired, constructed,
22 reconstructed, extended or improved with the proceeds of the
23 sale of said bonds sufficient at all times, with other
24 revenues of the Authority, to pay:
25 (a) the cost of leasing, maintaining, repairing,
26 regulating and operating the facilities; and
27 (b) the bonds and interest thereon as they shall become
28 due, and all sinking fund requirements and other requirements
29 provided by the ordinance authorizing the issuance of the
30 bonds or as provided by any trust agreement executed to
31 secure payment thereof.
32 To secure the payment of any or all of such bonds and for
33 the purpose of setting forth the covenants and undertakings
34 of the Authority in connection with the issuance thereof and
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1 the issuance of any additional bonds payable from such
2 revenue income to be derived from the fairs, recreational,
3 theatrical or cultural expositions, sport activities,
4 exhibitions, office rentals, and air space leases and
5 rentals, and other revenue, if any, the Authority may execute
6 and deliver a trust agreement or agreements; provided that no
7 lien upon any physical property of the Authority shall be
8 created thereby.
9 A remedy for any breach or default of the terms of any
10 such trust agreement by the Authority may be by mandamus,
11 injunction, or other civil actions or and proceedings in any
12 court of competent jurisdiction to compel performance and
13 compliance therewith, but the trust agreement may prescribe
14 by whom or on whose behalf such action may be instituted.
15 Before any such bonds (excepting refunding bonds) are
16 sold, the entire authorized issue, or any part thereof, shall
17 be offered for sale as a unit after advertising for bids at
18 least 3 times in a daily newspaper of general circulation
19 published in the metropolitan area, the last publication to
20 be at least 10 days before bids are required to be filed.
21 Copies of such advertisement may be published in any
22 newspaper or financial publication in the United States. All
23 bids shall be sealed, filed and opened as provided by
24 ordinance and the bonds shall be awarded to the highest and
25 best bidder or bidders therefor. The Authority shall have
26 the right to reject all bids and readvertise for bids in the
27 manner provided for in the initial advertisement. However,
28 if no bids are received such bonds may be sold at not less
29 than par value, without further advertising, within 60 days
30 after the bids are required to be filed pursuant to any
31 advertisement.
32 (Source: P.A. 83-1456.)
33 (70 ILCS 270/5-11)
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1 Section 50-16. Bonds; nature of indebtedness. Sec. 5-11.
2 Under no circumstances shall any bonds issued by the
3 Authority be or become an indebtedness or obligation of the
4 State of Illinois or any unit of local government or school
5 district within the State, nor shall any such bond or
6 obligation be or become an indebtedness of the Authority
7 within the purview of any constitutional limitation or
8 provision, and it shall be plainly stated on the face of each
9 bond that it does not constitute such an indebtedness or
10 obligation but is payable solely from revenues or income.
11 (Source: P.A. 83-1456.)
12 (70 ILCS 270/5-12)
13 Section 50-17. Investment in bonds. Sec. 5-12. The
14 State and all counties, cities, villages, incorporated towns
15 and other units of local government and public bodies, and
16 public officers of any thereof, all banks, bankers, trust
17 companies, savings banks and institutions, building and loan
18 associations, savings and loan associations, investment
19 companies and other persons carrying on an insurance business
20 and all executors, administrators, guardians, trustees and
21 other fiduciaries may legally invest any sinking funds,
22 moneys or other funds belonging to them or within their
23 control in any bonds issued pursuant to this Article Act.
24 (Source: P.A. 83-1456.)
25 (70 ILCS 270/5-13, in part)
26 Section 50-20. Board created. Sec. 5-13. The governing
27 and administrative body of the Authority shall be a board
28 consisting of 9 members and shall be known as the Centre East
29 Metropolitan Exposition, Auditorium and Office Building
30 Board. The members of the board shall be individuals of
31 generally recognized ability and integrity.
32 (Source: P.A. 83-1456.)
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1 (70 ILCS 270/5-14, in part)
2 Section 50-25. Board members appointed. Sec. 5-14. Within
3 60 days after September 17, 1984 (the effective date of
4 Article 5 of Public Act 83-1456) this Act becomes effective,
5 the Mayor of Skokie shall appoint 3 members of the Board, one
6 member to be appointed for a term of one year, one member to
7 be appointed for a term of 2 years, and one member to be
8 appointed for a term of 3 years; and the Township Supervisor
9 of Niles Township shall appoint 3 members of the Board, one
10 member to be appointed for a term of one year, one member to
11 be appointed for a term of 2 years, and one member to be
12 appointed for a term of 3 years; such terms commencing on the
13 date each is appointed. Within 90 days after September 17,
14 1984 this Act becomes effective, the 6 members of the Board
15 so appointed shall appoint the remaining 3 members of the
16 Board, one member to be appointed for a term of one year, one
17 member to be appointed for a term of 2 years, and one member
18 to be appointed for a term of 3 years; such terms commencing
19 on the date each is appointed. After September 1, 1990, upon
20 the expiration of the terms of the remaining 3 members of the
21 Board (formerly appointed by the other 6 members), their
22 successors shall thereafter be appointed by the Mayor of
23 Skokie. After September 1, 1990, all appointments made by
24 the Mayor of Skokie shall be made with the advice and consent
25 of the corporate authorities of Skokie, and all appointments
26 made by the Township Supervisor of Niles Township shall be
27 made with the advice and consent of the corporate authorities
28 of Niles Township. At the expiration of the term of any
29 member, his successor shall be appointed in like manner. All
30 successors shall hold office for a term of 3 years from the
31 date of appointment, except in case of an appointment to fill
32 a vacancy.
33 (Source: P.A. 86-1414.)
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1 (70 ILCS 270/5-25)
2 Section 50-30. Report and financial statement. Sec.
3 5-25. As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested upon request, and a
9 copy thereof shall be filed with the county clerk, the
10 Village of Skokie and the Township of Niles, and with the
11 clerk of any other municipality to whose mayor or village
12 president the power to appoint a member of the Board has been
13 delegated.
14 (Source: P.A. 83-1456.)
15 Section 50-35. Standard civic center provisions
16 incorporated by reference. The following Sections of this
17 Code are incorporated by reference into this Article:
18 Section 2-5. Definitions.
19 Section 2-10. Lawsuits; common seal.
20 Section 2-17. Duties; auditorium and other buildings.
21 Section 2-21. Rights and powers.
22 Section 2-25. Incurring obligations.
23 Section 2-30. Prompt payment.
24 Section 2-36. Acquisition of property from person or
25 governmental agency.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-76. Board members; financial matters;
29 compensation for secretary or treasurer; conflict of
30 interest.
31 Section 2-80. Board members' oath.
32 Section 2-83. Removal of Board member from office.
33 Section 2-85. Board members; vacancy in office.
HB0235 Enrolled -97- LRB9000879DJcd
1 Section 2-90. Organization of the Board.
2 Section 2-95. Meetings; action by 5 Board members.
3 Section 2-101. Secretary; treasurer; funds deposited in
4 bank or savings and loan association.
5 Section 2-106. Funds; compliance with Public Funds
6 Investment Act.
7 Section 2-110. Signatures on checks or drafts.
8 Section 2-115. General manager; other appointments.
9 Section 2-120. Ordinances, rules, and regulations; fines
10 and penalties.
11 Section 2-127. Contracts; award to other than highest or
12 lowest bidder by four-fifths vote.
13 Section 2-130. Bids and advertisements.
14 Section 2-140. State financial support.
15 Section 2-145. Anti-trust laws.
16 Section 2-150. Tax exemption.
17 ARTICLE 55.
18 CHICAGO SOUTH CIVIC CENTER
19 (70 ILCS 245/1-2)
20 Section 55-1. Short title. Sec. 1-2. This Article may be
21 cited as the Chicago South Civic Center Law of 1997.
22 (Source: P.A. 86-8; 87-738.)
23 (70 ILCS 245/1-3, in part)
24 Section 55-5. Definitions. Sec. 1-3. When used in this
25 Article:
26 "Authority" means the Chicago South Civic Center
27 Authority.
28 "Board" means the governing and administrative body of
29 the Chicago South Civic Center Authority.
30 "Metropolitan area" means all that territory in the State
31 of Illinois lying within the corporate boundaries of the City
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1 of Harvey and the Villages of Flossmoor, Lansing, South
2 Holland, Homewood, East Hazel Crest, and Glenwood, together
3 with the territory within the boundaries of other Illinois
4 municipalities that become part of the metropolitan area as
5 provided in Section 55-15 1-13.1.
6 (Source: P.A. 86-8; 87-738.)
7 (70 ILCS 245/1-4, in part)
8 Section 55-10. Authority created; principal office. Sec.
9 1-4. There is hereby created a political subdivision, body
10 politic and municipal corporation by the name and style of
11 the Chicago South Civic Center Authority in the metropolitan
12 area.
13 The principal office of the Authority shall be in the
14 City of Harvey.
15 (Source: P.A. 86-8; 87-738.)
16 (70 ILCS 245/1-13.1)
17 Section 55-15. Inclusion of contiguous territory within
18 metropolitan area. Sec. 1-13.1. A municipality that is
19 contiguous to the metropolitan area may, by ordinance,
20 request that its territory be included within the
21 metropolitan area. The request shall be made to the Board of
22 the Authority. If the Board, by ordinance, approves the
23 request, the territory of the requesting municipality shall
24 thereafter be part of the metropolitan area.
25 (Source: P.A. 87-738.)
26 (70 ILCS 245/1-14, in part)
27 Section 55-20. Board created. Sec. 1-14. The governing
28 and administrative body of the Authority shall be known as
29 the Chicago South Civic Center Authority Board. The members
30 of the Board shall be individuals of generally recognized
31 ability and integrity.
HB0235 Enrolled -99- LRB9000879DJcd
1 (Source: P.A. 86-8; 87-738.)
2 (70 ILCS 245/1-15, in part)
3 Section 55-25. Board members appointed. On September 26,
4 1991 (Sec. 1-15. Upon the effective date of Public this
5 amendatory Act 87-738), of 1991 the terms of all the current
6 Board members shall expire. Within 60 days after that the
7 effective date of this amendatory Act of 1991, the mayor or
8 president, as the case may be, of each of the following
9 municipalities, with the advice and consent of the corporate
10 authorities of that municipality, shall appoint one member to
11 the Board, for a total of 7 members: Harvey, Flossmoor,
12 Lansing, South Holland, Homewood, East Hazel Crest, and
13 Glenwood. Two members shall serve for terms expiring June 1,
14 1993, 2 members for terms expiring June 1, 1994, and 3
15 members for terms expiring June 1, 1995. Terms of the members
16 shall be determined by lot at the first meeting of the Board
17 after all appointments are made. Within 60 days after the
18 territory of a municipality becomes part of the metropolitan
19 area as provided in Section 55-15 1-13.1, the mayor or
20 president, as the case may be, of that municipality, with the
21 advice and consent of the corporate authorities of that
22 municipality, shall appoint one member to the Board, who
23 shall be an additional member; that additional member shall
24 serve an initial term expiring on June 1 of the second
25 calendar year after appointment. The successors of the
26 members shall be appointed in like manner for 3 year terms
27 from the date of appointment, except in case of an
28 appointment to fill a vacancy. The Board may, by ordinance,
29 appoint from one to 5 additional members of the Board, those
30 additional members to serve at the pleasure of the Board.
31 (Source: P.A. 86-8; 87-738.)
32 (70 ILCS 245/1-16)
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1 Section 55-30. Board members; vacancy in office. Sec.
2 1-16. Members of the Board, except additional members
3 appointed by the Board, shall hold office until their
4 respective successors have been appointed and qualified. Any
5 member, except additional members appointed by the Board, may
6 resign from office to take effect when his or her successor
7 has been appointed and has qualified. An additional member
8 appointed by the Board may resign from office to take effect
9 upon the date the member specifies. The mayor or president,
10 as the case may be, with the advice and consent of the
11 corporate authorities of the municipality, may remove any
12 member of the Board appointed by him or her in case of
13 incompetency, neglect of duty or malfeasance in office, after
14 service on the member, by registered United States mail,
15 return receipt requested, of a copy of the written charges
16 against him or her and an opportunity to be publicly heard in
17 person or by counsel in his or her own defense upon not less
18 than 10 days notice. In case of failure to qualify within
19 the time required or of abandonment of office or in case of
20 death, conviction of a felony or removal from office, a
21 member's office shall become vacant. Each vacancy shall be
22 filled for the unexpired term by appointment in like manner,
23 as in case of expiration of the term of a member of the
24 Board.
25 (Source: P.A. 86-8; 87-738.)
26 (70 ILCS 245/1-17)
27 Section 55-35. Organization of the Board. Sec. 1-17. As
28 soon as practicably possible after the appointment of the
29 members as provided in Public Act 87-738 this amendatory Act
30 of 1991, the Board shall organize for the transaction of
31 business, select a chairperson and a temporary secretary from
32 its own number and adopt by-laws and regulations to govern
33 its proceedings. The initial chairperson and his or her
HB0235 Enrolled -101- LRB9000879DJcd
1 successors shall be elected by the Board from time to time
2 for the term of his or her office as a member of the Board or
3 for the term of 3 years, whichever is shorter. Actions taken
4 by the Board before September 26, 1991 (the effective date of
5 Public this amendatory Act 87-738) of 1991 shall remain in
6 force until changed by the Board on or after that the
7 effective date of this amendatory Act of 1991.
8 (Source: P.A. 86-8; 87-738.)
9 (70 ILCS 245/1-18, in part)
10 Section 55-40. Quorum; action by majority of Board
11 members. Sec. 1-18. A majority of all the appointed members
12 of the Board shall constitute a quorum for the transaction of
13 business. All actions of the Board shall be by ordinance or
14 resolution, and the affirmative vote of at least a majority
15 of all the appointed members shall be necessary for the
16 adoption of any ordinance or resolution.
17 (Source: P.A. 86-8; 87-738.)
18 (70 ILCS 245/1-24)
19 Section 55-45. Contracts. Sec. 1-24. All contracts for
20 the sale of property of the value of more than $2,500 or for
21 a concession in or lease of property including air rights of
22 the Authority for a term of more than one year shall be
23 awarded to the highest responsible bidder after advertising
24 for bids. All construction contracts and contracts for
25 supplies, materials, equipment and services, when the expense
26 thereof will exceed $2,500, shall be let to the lowest
27 responsible bidder after advertising for bids, excepting (1)
28 when repair parts, accessories, equipment or services are
29 required for equipment or services previously furnished or
30 contracted for; (2) when the nature of the services required
31 is such that competitive bidding is not in the best interest
32 of the public, including, without limiting the generality of
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1 the foregoing, the services of accountants, architects,
2 attorneys, engineers, physicians, superintendents of
3 construction and others possessing a high degree of skill;
4 and (3) when services such as water, light, heat, power,
5 telephone or telegraph are required.
6 All contracts involving less than $2,500 shall be let by
7 competitive bidding to the lowest responsible bidder whenever
8 possible and, in any event, in a manner calculated to insure
9 the best interests of the public. Competitive bidding is not
10 required for the lease of real estate or buildings owned or
11 controlled by the Authority. The Board is empowered to offer
12 such leases upon such terms as it deems advisable.
13 In determining the responsibility of any bidder, the
14 Board may take into account the past records of dealings with
15 the bidder, experience, adequacy of equipment, ability to
16 complete performance within the time set, and other factors
17 besides financial responsibility, but in no case shall any
18 such contracts be awarded to any other than the highest
19 bidder (in case of sale, concession or lease) or the lowest
20 bidder (in case of purchase or expenditure) unless authorized
21 or approved by a vote of at least a majority of all the
22 appointed members of the Board, and unless such action is
23 accompanied by a statement in writing setting forth the
24 reasons for not awarding the contract to the highest or
25 lowest bidder, as the case may be, which statement shall be
26 kept on file in the principal office of the Authority and
27 open to public inspection.
28 Members of the Board, officers and employees of the
29 Authority and their relatives within the fourth degree of
30 consanguinity by the terms of the civil law, are forbidden to
31 be interested directly or indirectly in any contract for
32 construction or maintenance work or for the delivery of
33 materials, supplies or equipment.
34 The Board shall have the right to reject all bids and to
HB0235 Enrolled -103- LRB9000879DJcd
1 readvertise for bids. If after any such advertisement no
2 responsible and satisfactory bid within the terms of the
3 advertisement shall be received, the Board may award such
4 contract without competitive bidding provided that it shall
5 not be less advantageous to the Authority than any valid bid
6 received pursuant to advertisement.
7 The Board shall adopt rules and regulations to carry into
8 effect the provisions of this Section.
9 (Source: P.A. 86-8; 87-738.)
10 (70 ILCS 245/1-25, in part)
11 Section 55-50. Bidders; civil action to compel
12 compliance. Sec. 1-25. Any bidder who has submitted a bid in
13 compliance with the requirements for bidding under this
14 Article may bring a civil action in the Circuit Court of Cook
15 County in which the metropolitan area is located to compel
16 compliance with the provisions of this Article relating to
17 the awarding of contracts by the Board.
18 (Source: P.A. 86-8.)
19 (70 ILCS 245/1-26)
20 Section 55-55. Report and financial statement. Sec. 1-26.
21 As soon after the end of each fiscal year as may be
22 expedient, the Board shall cause to be prepared and printed a
23 complete and detailed report and financial statement of its
24 operations and of its assets and liabilities. A reasonably
25 sufficient number of copies of such report shall be printed
26 for distribution to persons interested upon request and a
27 copy thereof shall be filed with the County Clerk and the
28 Mayor of the City of Harvey.
29 (Source: P.A. 86-8.)
30 Section 55-60. Standard civic center provisions
31 incorporated by reference. The following Sections of this
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1 Code are incorporated by reference into this Article:
2 Section 2-3. Purpose.
3 Section 2-5. Definitions.
4 Section 2-10. Lawsuits; common seal.
5 Section 2-15. Duties; auditorium, recreational, and other
6 buildings; lease of space.
7 Section 2-20. Rights and powers, including eminent
8 domain.
9 Section 2-25. Incurring obligations.
10 Section 2-30. Prompt payment.
11 Section 2-35. Acquisition of property from person,
12 State, or local agency.
13 Section 2-40. Federal money.
14 Section 2-45. Insurance.
15 Section 2-50. Borrowing; revenue bonds; suits to compel
16 performance.
17 Section 2-55. Bonds; nature of indebtedness.
18 Section 2-60. Investment in bonds.
19 Section 2-75. Board members; financial matters; conflict
20 of interest.
21 Section 2-80. Board members' oath.
22 Section 2-97. Board meetings; public records.
23 Section 2-100. Secretary; treasurer.
24 Section 2-105. Funds.
25 Section 2-110. Signatures on checks or drafts.
26 Section 2-115. General manager; other appointments.
27 Section 2-122. Rules and regulations; penalties.
28 Section 2-130. Bids and advertisements.
29 Section 2-140. State financial support.
30 Section 2-145. Anti-trust laws.
31 Section 2-150. Tax exemption.
32 ARTICLE 60.
33 COLLINSVILLE CIVIC CENTER
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1 (70 ILCS 250/2)
2 Section 60-1. Short title. Sec. 2. This Article Act
3 shall be known and may be cited as the Collinsville Civic
4 Center Law of 1997 Act.
5 (Source: P.A. 83-1127.)
6 (70 ILCS 250/3, in part)
7 Section 60-5. Definitions. Sec. 3. When used in this
8 Article Act:
9 "Authority" means the Collinsville Metropolitan
10 Exposition, Auditorium and Office Building Authority.
11 "Board" means the governing and administrative body of
12 the Collinsville Metropolitan Exposition, Auditorium and
13 Office Building Authority.
14 "Metropolitan area" means all that territory in the State
15 of Illinois lying within the corporate boundaries of the City
16 of Collinsville.
17 (Source: P.A. 83-1127.)
18 (70 ILCS 250/4, in part)
19 Section 60-10. Authority created; principal office. Sec.
20 4. There is hereby created a political subdivision, body
21 politic and municipal corporation by the name and style of
22 Collinsville Metropolitan Exposition, Auditorium and Office
23 Building Authority in the metropolitan area. The principal
24 office of the Authority shall be in the City of Collinsville.
25 (Source: P.A. 83-1127.)
26 (70 ILCS 250/13.1)
27 Section 60-15. Food and beverage tax. Sec. 13.1.
28 (a) For the sole purpose of obtaining funds for the
29 support, construction, maintenance or financing of a facility
30 of the Authority, the corporate authorities of the City of
31 Collinsville may impose a tax on the retail sale of food and
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1 beverages that have been prepared for immediate consumption.
2 The tax shall not exceed the rate of 1% of the selling price
3 of such food and beverages. A tax imposed pursuant to this
4 Section shall be in addition to any other taxes imposed with
5 respect to such food and beverages.
6 (b) The purchaser of such food and beverages shall be
7 liable for the payment of a tax imposed pursuant to this
8 Section. However, the corporate authorities of the City of
9 Collinsville may require that any person engaged in the
10 business of making retail sales that are subject to the tax
11 collect the tax and pay over the proceeds of the tax as
12 prescribed by ordinance of the corporate authorities.
13 (c) If the corporate authorities of the City of
14 Collinsville determine that all persons engaged in the
15 business of making retail sales of such food and beverages
16 within the City of Collinsville will benefit from the
17 support, construction, maintenance or financing of the
18 facility for which the tax is imposed, the corporate
19 authorities shall impose the tax throughout the City. If,
20 however, the corporate authorities determine that only
21 persons engaged in such retail sales within a particular area
22 within the City of Collinsville will benefit from such
23 support, construction, maintenance or financing, the
24 corporate authorities shall by ordinance establish that area
25 as a special purpose district and shall impose the tax only
26 within the district. In such case the corporate authorities
27 of the City of Collinsville shall be the governing body of
28 the district and shall have the authority to impose the tax
29 pursuant to this Section and expend revenues from the tax for
30 the purposes specified in this Section.
31 (d) For purposes of this Section, the support,
32 construction, maintenance or financing of a facility of the
33 Authority may include the establishment of reserve funds and
34 the expenditure of funds pursuant to an intergovernmental
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1 agreement for such purposes.
2 (Source: P.A. 85-1006.)
3 (70 ILCS 250/14, in part)
4 Section 60-20. Board created. Sec. 14. The governing and
5 administrative body of the Authority shall be a board
6 consisting of 9 members and shall be known as the
7 Collinsville Metropolitan Exposition Auditorium and Office
8 Building Board. The members of the board shall be individuals
9 of generally recognized ability and integrity.
10 (Source: P.A. 86-1017.)
11 (70 ILCS 250/15, in part)
12 Section 60-25. Board members appointed. Sec. 15. Within
13 60 days after January 1, 1985 (the effective date of Public
14 Act 83-1127), this Act becomes effective the Mayor of
15 Collinsville with the advice and consent of the Collinsville
16 City Council shall appoint 9 members of the Board, 3 members
17 to be appointed for a term of one year, 3 members to be
18 appointed for terms of 2 years, and 3 members to be appointed
19 for terms of 3 years, such terms commencing on the date each
20 is appointed. One of the members appointed may be a
21 representative from the Collinsville City Council. At the
22 expiration of the term of any member, his successor shall be
23 appointed by the Mayor of Collinsville in a like manner. All
24 successors shall hold office for a term of 3 years from the
25 date of appointment, except in case of an appointment to fill
26 a vacancy.
27 (Source: P.A. 86-1017.)
28 Section 60-30. Standard civic center provisions
29 incorporated by reference. The following Sections of this
30 Code are incorporated by reference into this Article:
31 Section 2-3. Purpose.
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1 Section 2-5. Definitions.
2 Section 2-10. Lawsuits; common seal.
3 Section 2-16. Duties; auditorium and other buildings;
4 lease of space.
5 Section 2-20. Rights and powers, including eminent
6 domain.
7 Section 2-25. Incurring obligations.
8 Section 2-30. Prompt payment.
9 Section 2-35. Acquisition of property from person,
10 State, or local agency.
11 Section 2-40. Federal money.
12 Section 2-45. Insurance.
13 Section 2-50. Borrowing; revenue bonds; suits to compel
14 performance.
15 Section 2-55. Bonds; nature of indebtedness.
16 Section 2-60. Investment in bonds.
17 Section 2-75. Board members; financial matters; conflict
18 of interest.
19 Section 2-80. Board members' oath.
20 Section 2-83. Removal of Board member from office.
21 Section 2-85. Board members; vacancy in office.
22 Section 2-90. Organization of the Board.
23 Section 2-95. Meetings; action by 5 Board members.
24 Section 2-100. Secretary; treasurer.
25 Section 2-105. Funds.
26 Section 2-110. Signatures on checks or drafts.
27 Section 2-115. General manager; other appointments.
28 Section 2-122. Rules and regulations; penalties.
29 Section 2-125. Contracts; award to other than highest or
30 lowest bidder by vote of 5 Board members.
31 Section 2-130. Bids and advertisements.
32 Section 2-132. Bidders; civil action to compel
33 compliance.
34 Section 2-135. Report and financial statement.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 65.
5 COLUMBIA CIVIC CENTER
6 (70 ILCS 255/2001)
7 Section 65-1. Sec. 2001. Short title. This Article may
8 be cited as the Columbia Civic Center Law of 1997.
9 (Source: P.A. 86-1414.)
10 (70 ILCS 255/2003, in part)
11 Section 65-5. Sec. 2003. Definitions. In this Article:
12 "Authority" means the Columbia Civic Center Authority.
13 "Board" means the governing and administrative body of
14 the Columbia Civic Center Authority.
15 "Metropolitan area" means all that territory in the State
16 of Illinois lying within the corporate boundaries of the city
17 of Columbia in Monroe County.
18 (Source: P.A. 86-1414.)
19 (70 ILCS 255/2004, in part)
20 Section 65-10. Sec. 2004. Creation of Authority. (a) The
21 Columbia Civic Center Authority is created as a political
22 subdivision, body politic, and municipal corporation in the
23 metropolitan area. (b) The principal office of the Authority
24 shall be in the City of Columbia.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 255/2006)
27 Section 65-12. Sec. 2006. Powers. The Authority has the
28 following powers:
29 (a) To acquire, purchase, own, construct, lease as
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1 lessee, or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip, and maintain
3 exhibition centers, civic auditoriums, cultural facilities,
4 and office buildings, including sites, parking areas, and
5 commercial facilities for those structures, located within
6 the metropolitan area.
7 (b) To plan for grounds, centers, and auditoriums; to
8 plan, sponsor, hold, arrange, and finance fairs, industrial,
9 cultural, educational, trade, and scientific exhibits, shows,
10 and events; and to use or allow the use of those grounds,
11 centers, and auditoriums for the holding of fairs, exhibits,
12 shows, and events, whether conducted by the Authority or some
13 other person or governmental agency.
14 (c) To fix and collect just, reasonable, and
15 nondiscriminatory (i) charges and rents for the use of its
16 parking areas and facilities, grounds, centers, buildings,
17 and auditoriums and (ii) admission charges to fairs, shows,
18 exhibits, and events sponsored or held by the Authority. The
19 charges collected may be made available to defray the
20 reasonable expenses of the Authority and to pay the principal
21 of and interest on any bonds issued by the Authority.
22 (d) To enter into contracts treating in any manner with
23 the objects and purposes of this Article.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 255/2014, in part)
26 Section 65-15. Sec. 2014. Creation of the Board. The
27 governing and administrative body of the Authority shall be a
28 board consisting of 7 members and shall be known as the
29 Columbia Civic Center Authority Board. The members of the
30 Board shall be individuals of generally recognized ability
31 and integrity.
32 (Source: P.A. 86-1414.)
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1 (70 ILCS 255/2015, in part)
2 Section 65-20. Sec. 2015. Members of the Board appointed.
3 Within 60 days after September 11, 1990 (the effective date
4 of Article 2 of Public Act 86-1414) this Article becomes
5 effective, the mayor of Columbia, with the advice and consent
6 of the Columbia city council, shall appoint 3 members of the
7 Board for initial terms expiring June 1, 1991; 2 members for
8 initial terms expiring June 1, 1992; and 2 members for
9 initial terms expiring June 1, 1993. The successors of the
10 initial members shall be appointed in like manner for 3 year
11 terms from the date of appointment, except in case of an
12 appointment to fill a vacancy for an unexpired term.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 255/2016, in part)
15 Section 65-25. Removal of Board members. Sec. 2016.
16 Vacancy in office. The mayor of Columbia, with the advice and
17 consent of the Columbia city council, may remove any member
18 of the Board in case of incompetency, neglect of duty, or
19 malfeasance in office, after service on the member, by
20 registered United States mail, return receipt requested, of a
21 copy of the written charges against the member and after an
22 opportunity to be publicly heard in person or by counsel in
23 his or her own defense upon being notified not less than 10
24 days before the hearing.
25 (Source: P.A. 86-1414.)
26 Section 65-30. Standard civic center provisions
27 incorporated by reference. The following Sections of this
28 Code are incorporated by reference into this Article:
29 Section 2-3. Purpose.
30 Section 2-5. Definitions.
31 Section 2-10. Lawsuits; common seal.
32 Section 2-15. Duties; auditorium, recreational, and other
HB0235 Enrolled -112- LRB9000879DJcd
1 buildings; lease of space.
2 Section 2-25. Incurring obligations.
3 Section 2-30. Prompt payment.
4 Section 2-35. Acquisition of property from person,
5 State, or local agency.
6 Section 2-40. Federal money.
7 Section 2-45. Insurance.
8 Section 2-50. Borrowing; revenue bonds; suits to compel
9 performance.
10 Section 2-55. Bonds; nature of indebtedness.
11 Section 2-60. Investment in bonds.
12 Section 2-75. Board members; financial matters; conflict
13 of interest.
14 Section 2-80. Board members' oath.
15 Section 2-85. Board members; vacancy in office.
16 Section 2-90. Organization of the Board.
17 Section 2-96. Meetings; action by 4 Board members.
18 Section 2-100. Secretary; treasurer.
19 Section 2-105. Funds.
20 Section 2-110. Signatures on checks or drafts.
21 Section 2-115. General manager; other appointments.
22 Section 2-122. Rules and regulations; penalties.
23 Section 2-126. Contracts; award to other than highest or
24 lowest bidder by vote of 4 Board members.
25 Section 2-130. Bids and advertisements.
26 Section 2-132. Bidders; civil action to compel
27 compliance.
28 Section 2-135. Report and financial statement.
29 Section 2-140. State financial support.
30 Section 2-145. Anti-trust laws.
31 Section 2-150. Tax exemption.
32 ARTICLE 70.
33 CRYSTAL LAKE CIVIC CENTER
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1 (70 ILCS 305/2-2)
2 Section 70-1. Short title. Sec. 2-2. This Article shall
3 be known and may be cited as the Crystal Lake Civic Center
4 Law of 1997.
5 (Source: P.A. 85-793.)
6 (70 ILCS 305/2-3, in part)
7 Section 70-5. Definitions. Sec. 2-3. When used in this
8 Article:
9 "Authority" means the Crystal Lake Civic Center
10 Authority.
11 "Board" means the governing and administrative body of
12 the Crystal Lake Civic Center Authority.
13 "Metropolitan area" means all that territory in the State
14 of Illinois lying within the corporate boundaries of the
15 municipality of Crystal Lake in the County of McHenry.
16 (Source: P.A. 87-1208.)
17 (70 ILCS 305/2-4, in part)
18 Section 70-10. Authority created; principal office. Sec.
19 2-4. There is hereby created a political subdivision, body
20 politic and municipal corporation by the name and style of
21 the Crystal Lake Civic Center Authority in the metropolitan
22 area.
23 The principal office of the Authority shall be in the
24 City of Crystal Lake.
25 (Source: P.A. 85-793.)
26 (70 ILCS 305/2-14, in part)
27 Section 70-15. Board created. Sec. 2-14. The governing
28 and administrative body of the Authority shall be a board
29 consisting of 9 members and shall be known as the Crystal
30 Lake Civic Center Authority Board. The members of the Board
31 shall be individuals of generally recognized ability and
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1 integrity.
2 (Source: P.A. 85-793.)
3 (70 ILCS 305/2-15, in part)
4 Section 70-20. Board members appointed. Sec. 2-15.
5 Within 60 days after January 1, 1988 (the effective date of
6 Article II of Public Act 85-793) this Article becomes
7 effective, the Mayor of the City of Crystal Lake, with the
8 advice and consent of the Crystal Lake City Council, shall
9 appoint 3 members of the Board for initial terms expiring
10 June 1, 1988; 3 members for initial terms expiring June 1,
11 1989; and 3 members for initial terms expiring June 1, 1990.
12 The successors of the initial members shall be appointed in
13 like manner for 3 year terms from the date of appointment,
14 except in case of an appointment to fill a vacancy.
15 (Source: P.A. 85-793.)
16 (70 ILCS 305/2-16, in part)
17 Section 70-25. Removal of Board members. Sec. 2-16. The
18 appointing officer, with the advice and consent of the
19 Crystal Lake City Council, may remove any member of the Board
20 appointed by him, in case of incompetency, neglect of duty or
21 malfeasance in office, after service on him, by registered
22 United States mail, return receipt requested, of a copy of
23 the written charges against him and an opportunity to be
24 publicly heard in person or by counsel in his own defense
25 upon not less than 10 days notice.
26 (Source: P.A. 85-793.)
27 (70 ILCS 305/2-25, in part)
28 Section 70-30. Bidders; civil action to compel
29 compliance. Sec. 2-25. Any bidder who has submitted a bid in
30 compliance with the requirements for bidding under this
31 Article may bring a civil action in the Circuit Court of
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1 McHenry County in which the metropolitan area is located to
2 compel compliance with the provisions of this Article Act
3 relating to the awarding of contracts by the Board.
4 (Source: P.A. 85-793.)
5 Section 70-35. Standard civic center provisions
6 incorporated by reference. The following Sections of this
7 Code are incorporated by reference into this Article:
8 Section 2-3. Purpose.
9 Section 2-5. Definitions.
10 Section 2-10. Lawsuits; common seal.
11 Section 2-15. Duties; auditorium, recreational, and other
12 buildings; lease of space.
13 Section 2-20. Rights and powers, including eminent
14 domain.
15 Section 2-25. Incurring obligations.
16 Section 2-30. Prompt payment.
17 Section 2-35. Acquisition of property from person,
18 State, or local agency.
19 Section 2-40. Federal money.
20 Section 2-45. Insurance.
21 Section 2-50. Borrowing; revenue bonds; suits to compel
22 performance.
23 Section 2-55. Bonds; nature of indebtedness.
24 Section 2-60. Investment in bonds.
25 Section 2-75. Board members; financial matters; conflict
26 of interest.
27 Section 2-80. Board members' oath.
28 Section 2-85. Board members; vacancy in office.
29 Section 2-90. Organization of the Board.
30 Section 2-95. Meetings; action by 5 Board members.
31 Section 2-100. Secretary; treasurer.
32 Section 2-105. Funds.
33 Section 2-110. Signatures on checks or drafts.
HB0235 Enrolled -116- LRB9000879DJcd
1 Section 2-115. General manager; other appointments.
2 Section 2-122. Rules and regulations; penalties.
3 Section 2-125. Contracts; award to other than highest or
4 lowest bidder by vote of 5 Board members.
5 Section 2-130. Bids and advertisements.
6 Section 2-135. Report and financial statement.
7 Section 2-140. State financial support.
8 Section 2-145. Anti-trust laws.
9 Section 2-150. Tax exemption.
10 ARTICLE 75.
11 DECATUR CIVIC CENTER
12 (70 ILCS 265/1.1)
13 Section 75-1. Short title. Sec. 1.1. This Article may be
14 cited Act shall be known as the Decatur Civic Center Law of
15 1997 "Decatur and Vermilion County Civic Centers Act".
16 (Source: P.A. 86-888; 86-907.)
17 (70 ILCS 265/1)
18 Section 75-5. Purpose. Sec. 1. It is the purpose of this
19 Article Act to provide for a 2 separate Metropolitan
20 Exposition, Auditorium and Office Building Authority
21 Authorities, one in Decatur and one in Vermilion County.
22 (Source: P.A. 86-888; 86-907.)
23 (70 ILCS 265/2, in part)
24 Section 75-10. Definitions. In this Article: Sec. 2.
25 "Authority" means the Decatur Metropolitan Exposition,
26 Auditorium and Office Building Authority. The term also means
27 the Vermilion County Metropolitan Exposition, Auditorium and
28 Office Building Authority.
29 "Board" means the governing and administrative body of
30 the Decatur Metropolitan Exposition, Auditorium and Office
HB0235 Enrolled -117- LRB9000879DJcd
1 Building Authority. The term also means the governing and
2 administrative body of the Vermilion County Metropolitan
3 Exposition, Auditorium and Office Building Authority.
4 "Metropolitan area" means all that territory in the State
5 of Illinois lying within the corporate boundaries of the City
6 of Decatur or the County of Vermilion, as the case may be.
7 (Source: P.A. 86-888; 86-907.)
8 (70 ILCS 265/3, in part)
9 Section 75-15. Authority created; principal office. Sec.
10 3. There is hereby created a unit of local government known
11 as the Decatur or Vermilion County, as the case may be,
12 Metropolitan Exposition, Auditorium and Office Building
13 Authority in the metropolitan area.
14 The principal office of the Authority shall be in the
15 City of Decatur or the County of Vermilion, as the case may
16 be.
17 (Source: P.A. 86-888; 86-907.)
18 (70 ILCS 265/5)
19 Section 75-20. Rights and powers. Sec. 5. The Authority
20 shall have the following rights and powers duties:
21 (a) To acquire, purchase, own, construct, lease as
22 lessee or in any other way acquire, improve, extend, repair,
23 reconstruct, regulate, operate, equip and maintain fair
24 expositions grounds, convention or exhibition centers, civic
25 auditoriums, and office and municipal buildings, including
26 sites and parking areas and facilities therefor located
27 within the metropolitan area.
28 (b) To enter into contracts treating in any manner with
29 the objects and purposes of this Article Act.
30 (c) To plan for such grounds, centers and auditoriums
31 and to plan, sponsor, hold, arrange, and finance fairs,
32 industrial, cultural, educational, trade and scientific
HB0235 Enrolled -118- LRB9000879DJcd
1 exhibits, shows and events and to use or allow the use of
2 such grounds, centers and auditoriums for the holding of
3 fairs, exhibits, shows and events whether conducted by the
4 Authority or some other person or governmental agency.
5 (d) To exercise the right of eminent domain to acquire
6 sites for such grounds, centers, buildings and auditoriums,
7 and parking areas and facilities in the manner provided for
8 the exercise of the right of eminent domain under Article VII
9 of the Code of Civil Procedure, as amended.
10 (e) To fix and collect just, reasonable and
11 nondiscriminatory charges and rents for the use of such
12 parking areas and facilities, grounds, centers, buildings and
13 auditoriums and admission charges to fairs, shows, exhibits
14 and events sponsored or held by the Authority. The charges
15 collected may be made available to defray the reasonable
16 expenses of the Authority and to pay the principal of and the
17 interest on any bonds issued by the Authority.
18 (Source: P.A. 82-783.)
19 (70 ILCS 265/11)
20 Section 75-25. Bonds; nature of indebtedness. Sec. 11.
21 Under no circumstances shall any bonds issued by the
22 Authority be or become an indebtedness or obligation of the
23 State of Illinois or any unit of local government or school
24 district within the State, nor shall any such bond or
25 obligation be or become an indebtedness of the Authority
26 within the purview of any constitutional limitation or
27 provision, and it shall be plainly stated on the face of each
28 bond that it does not constitute such an indebtedness or
29 obligation but is payable solely from revenues or income.
30 (Source: P.A. 79-794.)
31 (70 ILCS 265/12)
32 Section 75-30. Investment in bonds. Sec. 12. The State
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1 and all counties, cities, villages, incorporated towns and
2 other units of local government and public bodies, and public
3 officers of any thereof; , all banks, bankers, trust
4 companies, savings banks and institutions, building and loan
5 associations, savings and loan associations, investment
6 companies and other persons carrying on an insurance
7 business; and all executors, administrators, guardians,
8 trustees and other fiduciaries may legally invest any sinking
9 funds, moneys or other funds belonging to them or within
10 their control in any bonds issued pursuant to this Article
11 Act, it if being the purpose of this Section to authorize the
12 investment in such bonds of all sinking, insurance,
13 retirement, compensation, pension and trust funds, whether
14 owned or controlled by private or public persons or officers;
15 provided, however, that nothing contained in this Section may
16 be construed as relieving any person from any duty of
17 exercising reasonable care in selecting securities for
18 investment.
19 (Source: P.A. 79-794.)
20 (70 ILCS 265/13)
21 Section 75-35. Bonds other than revenue bonds. Sec. 13.
22 No bonds, other than revenue bonds issued pursuant to Section
23 2-52 10, shall be issued by the Authority until the
24 proposition to issue the same has been submitted to and
25 approved by a majority of the voters of said metropolitan
26 area voting upon the proposition at a general election in
27 accordance with the general election law. The Authority may
28 by resolution order such proposition submitted at a regular
29 election in accordance with the general election law,
30 whereupon the recording officer shall certify the resolution
31 and the proposition to the proper election officials for
32 submission. Any proposition to issue bonds as herein set
33 forth shall be in substantially the following form:
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1 -------------------------------------------------------------
2 Shall bonds of the "Decatur
3 (or Vermilion County, as the case YES
4 may be) Metropolitan Exposition,
5 Auditorium and Office Building -------------------------
6 Authority" to the amount of
7 ........ Dollars ($ ) be NO
8 issued for the purpose of
9 ..........?
10 -------------------------------------------------------------
11 (Source: P.A. 86-888; 86-907.)
12 (70 ILCS 265/14)
13 Section 75-40. Tax. Sec. 14. If a majority of the voters
14 of said metropolitan area approve the issuance of bonds as
15 provided in Section 75-35 13 of this Act, the Authority shall
16 have power to levy and collect annually a sum sufficient to
17 pay for the annual principal and interest charges on such
18 bonds.
19 Such taxes proposed by the Authority to be levied upon
20 the taxable property within the metropolitan area shall be
21 levied by ordinance. After the ordinance has been adopted it
22 shall, within 10 days after its passage, be published once in
23 a newspaper published and having a general circulation within
24 the metropolitan area. A certified copy of such levy
25 ordinance shall be filed with the county clerk no later than
26 the 3rd Tuesday in September in each year. Thereupon the
27 county clerk shall extend such tax; provided the aggregate
28 amount of taxes levied for any one year shall not exceed the
29 rate of .0005% of the full fair cash value, as equalized or
30 assessed by the Department of Revenue.
31 If the Vermilion County Metropolitan Exposition,
32 Auditorium and Office Building Authority has made an
33 intergovernmental cooperation agreement with other units of
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1 local government that provides that the tax shall be levied
2 only in part of the metropolitan area, then the tax shall be
3 levied only in the part of the metropolitan area as provided
4 in the agreement.
5 (Source: P.A. 86-888; 86-907.)
6 (70 ILCS 265/15, in part)
7 Section 75-45. Board created. Sec. 15. The governing and
8 administrative body of the Authority shall be a board and
9 shall be known as the Decatur Metropolitan Exposition,
10 Auditorium and Office Building Board and or the Vermilion
11 County Metropolitan Exposition, Auditorium and Office
12 Building Board, as the case may be. The Decatur Metropolitan
13 Exposition, Auditorium and Office Building Board shall
14 consist of 9 members. The Vermilion County Exposition,
15 Auditorium and Office Building Board shall consist of 12
16 members.
17 (Source: P.A. 86-888; 86-907.)
18 (70 ILCS 265/16, in part)
19 Section 75-50. Board members appointed. Sec. 16. Within
20 60 days after October 1, 1975 (the effective date of Public
21 Act 79-794), this Act becomes effective the Mayor of Decatur,
22 or the Mayor of Danville, as the case may be with the advice
23 and consent of the Decatur or Danville city council, as the
24 case may be, shall appoint 9 members of the board, 3 members
25 to be appointed for terms of 1 year, 3 members to be
26 appointed for terms of 2 years, and 3 members to be appointed
27 for terms of 3 years, such terms commencing on the date each
28 is appointed. Within 60 days after the effective date of this
29 amendatory Act of 1989, the chairman of the county board of
30 Vermilion County, with the advice and consent of the county
31 board, shall appoint 3 members to the Vermilion County
32 Metropolitan Exposition, Auditorium and Office Building Board
HB0235 Enrolled -122- LRB9000879DJcd
1 to serve for terms of one, 2, or 3 years, respectively, such
2 terms commencing on the date each is appointed. At the
3 expiration of the term of any member, his successor shall be
4 appointed by the Mayor of Decatur, the Mayor of Danville, or
5 the chairman of the county board of Vermilion County, as the
6 case may be, in like manner. All successors shall hold office
7 for a term of 3 years from the date of appointment, except in
8 case of an appointment to fill a vacancy.
9 (Source: P.A. 86-888; 86-907.)
10 (70 ILCS 265/19, in part)
11 Section 75-55. Quorum; action by 5 Board members. Sec.
12 19. Three members of the Board shall constitute a quorum for
13 the transaction of business. All action of the Board shall
14 be by ordinance or resolution, and the affirmative vote of at
15 least 5 members in the case of the Decatur Metropolitan
16 Exposition, Auditorium and Office Building Board and at least
17 7 members in the case of the Vermilion County Metropolitan
18 Exposition, Auditorium and Office Building Board shall be
19 necessary for the adoption of any ordinance or resolution.
20 (Source: P.A. 86-888; 86-907.)
21 Section 75-60. Standard civic center provisions
22 incorporated by reference. The following Sections of this
23 Code are incorporated by reference into this Article:
24 Section 2-5. Definitions.
25 Section 2-10. Lawsuits; common seal.
26 Section 2-16. Duties; auditorium and other buildings;
27 lease of space.
28 Section 2-25. Incurring obligations.
29 Section 2-30. Prompt payment.
30 Section 2-36. Acquisition of property from person or
31 governmental agency.
32 Section 2-40. Federal money.
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1 Section 2-45. Insurance.
2 Section 2-52. Borrowing; revenue bonds; interest payable
3 semi-annually; bond sale price; effect of Omnibus Bond Acts.
4 Section 2-76. Board members; financial matters;
5 compensation for secretary or treasurer; conflict of
6 interest.
7 Section 2-80. Board members' oath.
8 Section 2-83. Removal of Board member from office.
9 Section 2-85. Board members; vacancy in office.
10 Section 2-90. Organization of the Board.
11 Section 2-97. Board meetings; public records.
12 Section 2-101. Secretary; treasurer; funds deposited in
13 bank or savings and loan association.
14 Section 2-106. Funds; compliance with Public Funds
15 Investment Act.
16 Section 2-110. Signatures on checks or drafts.
17 Section 2-115. General manager; other appointments.
18 Section 2-120. Ordinances, rules, and regulations; fines
19 and penalties.
20 Section 2-127. Contracts; award to other than highest or
21 lowest bidder by four-fifths vote.
22 Section 2-130. Bids and advertisements.
23 Section 2-135. Report and financial statement.
24 Section 2-140. State financial support.
25 Section 2-145. Anti-trust laws.
26 Section 2-150. Tax exemption.
27 Section 2-155. Partial invalidity.
28 ARTICLE 80.
29 DUPAGE COUNTY CIVIC CENTER
30 (70 ILCS 270/1-1)
31 Section 80-1. Short title. Sec. 1-1. This Article 1
32 shall be known and may be cited as the DuPage County Civic
HB0235 Enrolled -124- LRB9000879DJcd
1 Center Law of 1997 Act.
2 (Source: P.A. 83-1456.)
3 (70 ILCS 270/1-2, in part)
4 Section 80-5. Definitions. Sec. 1-2. When used in this
5 Article:
6 "Authority" means DuPage County Metropolitan Exposition,
7 Auditorium and Office Building Authority.
8 "Board" means the governing and administrative body of
9 the DuPage County Metropolitan Exposition, Auditorium and
10 Office Building Authority.
11 "Metropolitan area" means all that territory in the State
12 of Illinois lying within DuPage County, except for those
13 portions lying within municipalities which have a civic
14 center authority within the corporate limits of such
15 municipalities, and except for those portions within the
16 metropolitan area of the Illinois-Michigan Canal National
17 Heritage Corridor Civic Center Authority.
18 (Source: P.A. 85-791.)
19 (70 ILCS 270/1-3, in part)
20 Section 80-10. Authority created; principal office. Sec.
21 1-3. There is hereby created a political subdivision, body
22 politic and municipal corporation by the name and style of
23 DuPage County Metropolitan Exposition, Auditorium and Office
24 Building Authority in the metropolitan area.
25 The principal office of the Authority shall be in DuPage
26 County.
27 (Source: P.A. 83-1456.)
28 (70 ILCS 270/1-5)
29 Section 80-15. Rights and powers. Sec. 1-5. The Authority
30 shall have the following rights and powers duties:
31 (a) To acquire, purchase, own, construct, lease as
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1 lessee or in any other way acquire, improve, extend, repair,
2 reconstruct, regulate, operate, equip and maintain fair
3 expositions grounds, convention or exhibition centers, civic
4 auditoriums, and office and county buildings, including sites
5 and parking areas and facilities therefor located within the
6 metropolitan area.
7 (b) To enter into contracts treating in any manner with
8 the objects and purposes of this Article Act.
9 (c) To plan for such grounds, centers and auditoriums
10 and to plan, sponsor, hold, arrange, and finance fairs,
11 industrial, cultural, educational, trade and scientific
12 exhibits, shows and events and to use or allow the use of
13 such grounds, centers and auditoriums for the holding of
14 fairs, exhibits, shows and events whether conducted by the
15 Authority or some other person or governmental agency.
16 (d) To exercise the right of eminent domain to acquire
17 sites for such grounds, centers, buildings and auditoriums,
18 and parking areas and facilities in the manner provided for
19 the exercise of the right of eminent domain under Article VII
20 of the Code of Civil Procedure, as amended.
21 (e) To fix and collect just, reasonable and
22 nondiscriminatory charges and rents for the use of such
23 parking areas and facilities, grounds, centers, buildings and
24 auditoriums and admission charges to fairs, shows, exhibits
25 and events sponsored or held by the Authority. The charges
26 collected may be made available to defray the reasonable
27 expenses of the Authority and to pay the principal of and the
28 interest on any bonds issued by the Authority.
29 (Source: P.A. 83-1456.)
30 (70 ILCS 270/1-10)
31 Section 80-20. Borrowing; revenue bonds. Sec. 1-10. The
32 Authority shall have continuing power to borrow money for the
33 purpose of carrying out and performing its duties and
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1 exercising its powers under this Article Act.
2 For the purpose of evidencing the obligation of the
3 Authority to repay any money borrowed as aforesaid, the
4 Authority may, pursuant to an ordinance adopted by the Board,
5 from time to time issue and dispose of its interest bearing
6 revenue bonds, and may also from time to time issue and
7 dispose of its interest bearing revenue bonds to refund any
8 bonds at maturity or pursuant to redemption provisions or at
9 any time before maturity with the consent of the holders
10 thereof. All such bonds shall be payable solely from the
11 revenues or income to be derived from the fairs, expositions,
12 exhibitions, rentals and leases and other authorized
13 activities operated by it, and from funds, if any, received
14 and to be received by the Authority from any other source.
15 Such bonds may bear such date or dates, may mature at such
16 time or times not exceeding 40 years from their respective
17 dates, may bear interest at such rate or rates, not exceeding
18 the maximum rate authorized by the Bond Authorization Act, as
19 amended at the time of the making of the contract, may be in
20 such form, may carry such registration privileges, may be
21 executed in such manner, may be payable at such place or
22 places, may be made subject to redemption in such manner and
23 upon such terms, with or without premium as is stated on the
24 face thereof, may be executed in such manner and may contain
25 such terms and covenants, all as may be provided in said
26 ordinance. In case any officer whose signature appears on any
27 bond ceases (after attaching his signature) to hold office,;
28 his signature shall nevertheless be valid and effective for
29 all purposes. The holder or holders of any bonds, or interest
30 coupons appertaining thereto issued by the Authority may
31 bring mandamus, injunction, or other civil actions or and
32 proceedings to compel the performance and observance by the
33 Authority or any of its officers, agents or employees of or
34 any contract or covenant made by the Authority with the
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1 holders of such bonds or interest coupons, and to compel the
2 Authority and any of its officers, agents or employees to
3 perform any duties required to be performed for the benefit
4 of the holders of any such bonds or interest coupons by the
5 provisions of the ordinance authorizing their issuance, and
6 to enjoin the Authority and any of its officers, agents or
7 employees from taking any action in conflict with any such
8 contract or covenant.
9 Notwithstanding the form and tenor of any such bonds and
10 in the absence of any express recital on the face thereof
11 that it is nonnegotiable, all such bonds shall be negotiable
12 instruments under the Uniform Commercial Code of the State of
13 Illinois.
14 The bonds shall be sold by the corporate authorities of
15 the Authority in such manner as said corporate authorities
16 shall determine, except that if issued to bear interest at
17 the maximum rate authorized by the Bond Authorization Act, as
18 amended at the time of the making of the contract, the bonds
19 shall be sold for not less than par and accrued interest and
20 except that the selling price of bonds bearing interest at a
21 rate of less than the maximum rate authorized by the Bond
22 Authorization Act, as amended at the time of the making of
23 the contract, shall be such that the interest cost to the
24 Authority of the money received from the sale of bonds shall
25 not exceed the maximum rate authorized by the Bond
26 Authorization Act, as amended at the time of the making of
27 the contract, computed to absolute maturity of said bonds or
28 certificates according to standard tables of bond values.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents, and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
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1 revenues of the Authority to pay:
2 (a) the cost of maintaining, repairing, regulating and
3 operating the said facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertakings
11 of the Authority in connection with the issuance thereof and
12 the issuance of any additional bonds payable from such
13 revenue income to be derived from the fairs, recreational,
14 theatrical, cultural, expositions, sport activities,
15 exhibitions, office rentals, and air space leases and
16 rentals, and other revenue, if any, the Authority may execute
17 and deliver a trust agreement or agreements; provided that no
18 lien upon any physical property of the Authority shall be
19 created thereby.
20 A remedy for any breach or default of the terms of any
21 such trust agreement by the Authority may be by mandamus,
22 injunction, or other civil actions or and proceedings in any
23 court of competent jurisdiction to compel performance and
24 compliance therewith, but the trust agreement may prescribe
25 by whom or on whose behalf such action may be instituted.
26 Before any such bonds (excepting refunding bonds) are
27 sold the entire authorized issue, or any part thereof, shall
28 be offered for sale as a unit after advertising for bids at
29 least 3 times in a daily newspaper of general circulation
30 published in the metropolitan area, the last publication to
31 be at least 10 days before bids are required to be filed.
32 Copies of such advertisement may be published in any
33 newspaper or financial publication in the United States. All
34 bids shall be sealed, filed and opened as provided by
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1 ordinance and the bonds shall be awarded to the highest and
2 best bidder or bidders therefor. The Authority shall have the
3 right to reject all bids and readvertise for bids in the
4 manner provided for in the initial advertisement. However, if
5 no bids are received such bonds may be sold at not less than
6 par value, without further advertising, within 60 days after
7 the bids are required to be filed pursuant to any
8 advertisement.
9 With respect to instruments for the payment of money
10 issued under this Section either before, on, or after the
11 effective date of Public Act 86-4 this amendatory Act of
12 1989, it is and always has been the intention of the General
13 Assembly (i) that the Omnibus Bond Acts are and always have
14 been supplementary grants of power to issue instruments in
15 accordance with the Omnibus Bond Acts, regardless of any
16 provision of this Article Act that may appear to be or to
17 have been more restrictive than those Acts, (ii) that the
18 provisions of this Section are not a limitation on the
19 supplementary authority granted by the Omnibus Bond Acts, and
20 (iii) that instruments issued under this Section within the
21 supplementary authority granted by the Omnibus Bond Acts are
22 not invalid because of any provision of this Article Act that
23 may appear to be or to have been more restrictive than those
24 Acts.
25 (Source: P.A. 86-4.)
26 (70 ILCS 270/1-13)
27 Section 80-25. Bonds other than revenue bonds. Sec.
28 1-13. No bonds, other than revenue bonds issued pursuant to
29 Section 80-20 1-10, shall be issued by the Authority until
30 the proposition to issue the same has been submitted to and
31 approved by a majority of the voters of said metropolitan
32 area voting upon the proposition at a general election in
33 accordance with the general election law. The Authority may
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1 by resolution order such proposition submitted at a regular
2 election in accordance with the general election law,
3 whereupon the recording officer shall certify the resolution
4 and the proposition to the proper election officials for
5 submission. Any proposition to issue bonds as herein set
6 forth shall be in substantially the following form:
7 -------------------------------------------------------------
8 Shall bonds of the "DuPage County YES
9 Metropolitan Exposition, Auditorium
10 and Office Building Authority" to ----------------------
11 the amount of.... Dollars ($ ) be
12 issued for the purpose of....? NO
13 -------------------------------------------------------------
14 (Source: P.A. 83-1456.)
15 (70 ILCS 270/1-14)
16 Section 80-30. Tax. Sec. 1-14. If a majority of the
17 voters of said metropolitan area approve the issuance of
18 bonds as provided in Section 80-25 1-13 of this Act, the
19 Authority shall have power to levy and collect annually a sum
20 sufficient to pay for the annual principal and interest
21 charges on such bonds.
22 Such taxes proposed by the Authority to be levied upon
23 the taxable property within the metropolitan area shall be
24 levied by ordinance. After the ordinance has been adopted it
25 shall, within 10 days after its passage, be published once in
26 a newspaper published and having a general circulation within
27 the metropolitan area. A certified copy of such levy
28 ordinance shall be filed with the county clerk no later than
29 the 3rd Tuesday in September in each year. Thereupon the
30 county clerk shall extend such tax; provided the aggregate
31 amount of taxes levied for any one year shall not exceed the
32 rate of .0005% of the full fair cash value, as equalized or
33 assessed by the Department of Revenue.
HB0235 Enrolled -131- LRB9000879DJcd
1 (Source: P.A. 83-1456.)
2 (70 ILCS 270/1-15, in part)
3 Section 80-35. Board created. Sec. 1-15. The governing
4 and administrative body of the Authority shall be a board
5 consisting of 9 members and shall be known as the DuPage
6 County Metropolitan Exposition Auditorium and Office Building
7 Board. The members of the board shall be individuals of
8 generally recognized ability and integrity.
9 (Source: P.A. 83-1456.)
10 (70 ILCS 270/1-16, in part)
11 Section 80-40. Board members appointed. Sec. 1-16. Within
12 60 days after September 17, 1984 (the effective date of
13 Article 1 of Public Act 83-1456), this Act becomes effective
14 the Chairman of the DuPage County Board, with the advice and
15 consent of the DuPage County Board, shall appoint 9 members
16 of the DuPage County Metropolitan Exposition, Auditorium and
17 Office Building Authority, 3 members to be appointed for
18 terms of 1 year, 3 members to be appointed for terms of 2
19 years, and 3 members to be appointed for terms of 3 years,
20 such terms commencing on the date each is appointed. At the
21 expiration of the term of any member, his successor shall be
22 appointed by the Chairman of the DuPage County Board in like
23 manner. All successors shall hold office for a term of 3
24 years from the date of appointment, except in case of an
25 appointment to fill a vacancy.
26 (Source: P.A. 83-1456.)
27 Section 80-45. Standard civic center provisions
28 incorporated by reference. The following Sections of this
29 Code are incorporated by reference into this Article:
30 Section 2-5. Definitions.
31 Section 2-10. Lawsuits; common seal.
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1 Section 2-16. Duties; auditorium and other buildings;
2 lease of space.
3 Section 2-25. Incurring obligations.
4 Section 2-30. Prompt payment.
5 Section 2-35. Acquisition of property from person,
6 State, or local agency.
7 Section 2-40. Federal money.
8 Section 2-45. Insurance.
9 Section 2-55. Bonds; nature of indebtedness.
10 Section 2-60. Investment in bonds.
11 Section 2-76. Board members; financial matters;
12 compensation for secretary or treasurer; conflict of
13 interest.
14 Section 2-80. Board members' oath.
15 Section 2-83. Removal of Board member from office.
16 Section 2-85. Board members; vacancy in office.
17 Section 2-90. Organization of the Board.
18 Section 2-95. Meetings; action by 5 Board members.
19 Section 2-101. Secretary; treasurer; funds deposited in
20 bank or savings and loan association.
21 Section 2-106. Funds; compliance with Public Funds
22 Investment Act.
23 Section 2-110. Signatures on checks or drafts.
24 Section 2-115. General manager; other appointments.
25 Section 2-120. Ordinances, rules, and regulations; fines
26 and penalties.
27 Section 2-127. Contracts; award to other than highest or
28 lowest bidder by four-fifths vote.
29 Section 2-130. Bids and advertisements.
30 Section 2-135. Report and financial statement.
31 Section 2-140. State financial support.
32 Section 2-145. Anti-trust laws.
33 Section 2-150. Tax exemption.
HB0235 Enrolled -133- LRB9000879DJcd
1 ARTICLE 85.
2 ELGIN CIVIC CENTER
3 (70 ILCS 270/3-2)
4 Section 85-1. Short title. Sec. 3-2. This Article 3 shall
5 be known and may be cited as the Elgin Civic Center Law of
6 1997 Act.
7 (Source: P.A. 83-1456.)
8 (70 ILCS 270/3-3, in part)
9 Section 85-5. Definitions. Sec. 3-3. When used in this
10 Article:
11 "Authority" means the Elgin Metropolitan Exposition,
12 Auditorium and Office Building Authority.
13 "Board" means the governing and administrative body of
14 the Elgin Metropolitan Exposition, Auditorium and Office
15 Building Authority.
16 "Metropolitan area" means all that territory in the State
17 of Illinois lying within the corporate boundaries of the City
18 of Elgin.
19 (Source: P.A. 83-1456.)
20 (70 ILCS 270/3-4, in part)
21 Section 85-10. Authority created; principal office. Sec.
22 3-4. There is hereby created a political subdivision, body
23 politic and municipal corporation by the name and style of
24 the Elgin Metropolitan Exposition, Auditorium and Office
25 Building Authority in the metropolitan area.
26 The principal office of the Authority shall be in the
27 City of Elgin.
28 (Source: P.A. 83-1456.)
29 (70 ILCS 270/3-16, in part)
30 Section 85-15. Board created. Sec. 3-16. The governing
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1 and administrative body of the Authority shall be a board
2 consisting of 7 members and shall be known as the Elgin
3 Metropolitan Exposition Auditorium and Office Building Board.
4 The members of the board shall be individuals of generally
5 recognized ability and integrity.
6 (Source: P.A. 83-1456.)
7 (70 ILCS 270/3-17, in part)
8 Section 85-20. Board members appointed. Sec. 3-17.
9 Within 60 days after September 17, 1984 (the effective date
10 of Article 3 of Public Act 83-1456), this Act becomes
11 effective the Mayor of Elgin with the advice and consent of
12 the Elgin City Council shall appoint 7 members of the Board,
13 2 members to be appointed for a term of one year, 2 members
14 to be appointed for terms of 2 years, and 3 members to be
15 appointed for terms of 3 years, such terms commencing on the
16 date each is appointed. One of the members appointed may be
17 a representative from the Elgin City Council. At the
18 expiration of the term of any member, his successor shall be
19 appointed by the Mayor of Elgin in a like manner. All
20 successors shall hold office for a term of 3 years from the
21 date of appointment, except in case of an appointment to fill
22 a vacancy.
23 (Source: P.A. 83-1456.)
24 (70 ILCS 270/3-22)
25 Section 85-25. Funds; compliance with Public Funds
26 Investment Act. Sec. 3-22. All funds deposited by the
27 treasurer in any bank shall be placed in the name of the
28 Authority and shall be withdrawn or paid out only by check or
29 draft upon the bank, signed by the treasurer and
30 countersigned by the Chairman of the Board. The Board may
31 designate any of its members or any officer or employee of
32 the Authority to affix the signature of the chairman and
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1 another to affix the signature of the treasurer to any check
2 or draft for payment of salaries or wages and for payment of
3 any other obligation of not more than $2,500.
4 No bank or savings and loan association shall receive
5 public funds as permitted by this Section unless it has
6 complied with the requirements established pursuant to
7 Section 6 of the Public Funds Investment Act "An Act relating
8 to certain investments of public agencies", approved July 23,
9 1943, as now or hereafter amended.
10 (Source: P.A. 83-1456.)
11 (70 ILCS 270/3-27, in part)
12 Section 85-30. Bidders; civil action to compel
13 compliance. Sec. 3-27. Any bidder who has submitted a bid in
14 compliance with the requirements for bidding under this
15 Article may bring a civil action in the circuit court in Kane
16 County to compel compliance with the provisions of this Act
17 relating to the awarding of contracts by the Board.
18 (Source: P.A. 83-1456.)
19 Section 85-35. Standard civic center provisions
20 incorporated by reference. The following Sections of this
21 Code are incorporated by reference into this Article:
22 Section 2-3. Purpose.
23 Section 2-5. Definitions.
24 Section 2-10. Lawsuits; common seal.
25 Section 2-16. Duties; auditorium and other buildings;
26 lease of space.
27 Section 2-20. Rights and powers, including eminent
28 domain.
29 Section 2-25. Incurring obligations.
30 Section 2-30. Prompt payment.
31 Section 2-35. Acquisition of property from person,
32 State, or local agency.
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1 Section 2-40. Federal money.
2 Section 2-45. Insurance.
3 Section 2-50. Borrowing; revenue bonds; suits to compel
4 performance.
5 Section 2-55. Bonds; nature of indebtedness.
6 Section 2-60. Investment in bonds.
7 Section 2-65. Bonds other than revenue bonds.
8 Section 2-70. Tax.
9 Section 2-75. Board members; financial matters; conflict
10 of interest.
11 Section 2-80. Board members' oath.
12 Section 2-83. Removal of Board member from office.
13 Section 2-85. Board members; vacancy in office.
14 Section 2-90. Organization of the Board.
15 Section 2-96. Meetings; action by 4 Board members.
16 Section 2-100. Secretary; treasurer.
17 Section 2-110. Signatures on checks or drafts.
18 Section 2-115. General manager; other appointments.
19 Section 2-122. Rules and regulations; penalties.
20 Section 2-125. Contracts; award to other than highest or
21 lowest bidder by vote of 5 Board members.
22 Section 2-130. Bids and advertisements.
23 Section 2-135. Report and financial statement.
24 Section 2-140. State financial support.
25 Section 2-145. Anti-trust laws.
26 Section 2-150. Tax exemption.
27 ARTICLE 90.
28 FOREST PARK CIVIC CENTER
29 (70 ILCS 275/3001)
30 Section 90-1. Sec. 3001. Short title. This Article may
31 be cited as the Forest Park Civic Center Law of 1997.
32 (Source: P.A. 86-1414.)
HB0235 Enrolled -137- LRB9000879DJcd
1 (70 ILCS 275/3003, in part)
2 Section 90-5. Sec. 3003. Definitions. In this Article:
3 "Authority" means the Forest Park Civic Center Authority.
4 "Board" means the governing and administrative body of
5 the Forest Park Civic Center Authority.
6 "Metropolitan area" means all that territory in the State
7 of Illinois lying within the corporate boundaries of the
8 village of Forest Park in Cook County.
9 (Source: P.A. 86-1414.)
10 (70 ILCS 275/3004, in part)
11 Section 90-10. Sec. 3004. Creation of Authority.
12 (a) The Forest Park Civic Center Authority is created as
13 a political subdivision, body politic, and municipal
14 corporation in the metropolitan area.
15 (b) The principal office of the Authority shall be in
16 the village of Forest Park.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 275/3006)
19 Section 90-12. Sec. 3006. Powers. The Authority has the
20 following powers:
21 (a) To acquire, purchase, own, construct, lease as
22 lessee, or in any other way acquire, improve, extend, repair,
23 reconstruct, regulate, operate, equip, and maintain
24 exhibition centers, civic auditoriums, cultural facilities,
25 and office buildings, including sites, parking areas, and
26 commercial facilities for those structures, located within
27 the metropolitan area.
28 (b) To plan for grounds, centers, and auditoriums; to
29 plan, sponsor, hold, arrange, and finance fairs, industrial,
30 cultural, educational, trade, and scientific exhibits, shows,
31 and events; and to use or allow the use of those grounds,
32 centers, and auditoriums for the holding of fairs, exhibits,
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1 shows, and events, whether conducted by the Authority or some
2 other person or governmental agency.
3 (c) To fix and collect just, reasonable, and
4 nondiscriminatory (i) charges and rents for the use of its
5 parking areas and facilities, grounds, centers, buildings,
6 and auditoriums and (ii) admission charges to fairs, shows,
7 exhibits, and events sponsored or held by the Authority. The
8 charges collected may be made available to defray the
9 reasonable expenses of the Authority and to pay the principal
10 of and interest on any bonds issued by the Authority.
11 (d) To enter into contracts treating in any manner with
12 the objects and purposes of this Article.
13 (Source: P.A. 86-1414.)
14 (70 ILCS 275/3014, in part)
15 Section 90-15. Sec. 3014. Creation of the Board. The
16 governing and administrative body of the Authority shall be a
17 board consisting of 5 members and shall be known as the
18 Forest Park Civic Center Authority Board. The members of the
19 Board shall be individuals of generally recognized ability
20 and integrity.
21 (Source: P.A. 86-1414.)
22 (70 ILCS 275/3015, in part)
23 Section 90-20. Sec. 3015. Members of the Board
24 appointed. Within 60 days after September 11, 1990 (the
25 effective date of Article 3 of Public Act 86-1414) this
26 Article becomes effective, the mayor of Forest Park, with the
27 advice and consent of the corporate authorities of the
28 village of Forest Park, shall appoint 2 members of the Board
29 for initial terms expiring June 1, 1991; 2 members for
30 initial terms expiring June 1, 1992; and one member for an
31 initial term expiring June 1, 1993. The successors of the
32 initial members shall be appointed in like manner for 3 year
HB0235 Enrolled -139- LRB9000879DJcd
1 terms from the date of appointment, except in case of an
2 appointment to fill a vacancy for an unexpired term.
3 (Source: P.A. 86-1414.)
4 (70 ILCS 275/3016, in part)
5 Section 90-25. Removal of Board members. Sec. 3016.
6 Vacancy in office. The mayor of Forest Park, with the advice
7 and consent of the corporate authorities of the village of
8 Forest Park, may remove any member of the Board in case of
9 incompetency, neglect of duty, or malfeasance in office,
10 after service on the member, by registered United States
11 mail, return receipt requested, of a copy of the written
12 charges against the member and after an opportunity to be
13 publicly heard in person or by counsel in his or her own
14 defense upon being notified not less than 10 days before the
15 hearing.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 275/3018, in part)
18 Section 90-30. Quorum; action by 3 Board members. Sec.
19 3018. Meetings; ordinances. Three members of the Board shall
20 constitute a quorum for the transaction of business. All
21 actions of the Board shall be by ordinance or resolution, and
22 the affirmative vote of at least 3 members shall be necessary
23 for the adoption of any ordinance or resolution.
24 (Source: P.A. 86-1414.)
25 (70 ILCS 275/3024)
26 Section 90-35. Sec. 3024. Contracts; award to other than
27 highest or lowest bidder by vote of 3 Board members.
28 (a) All contracts for the sale of property of a value of
29 more than $2,500 or for a concession in or lease of property,
30 including air rights, of the Authority for a term of more
31 than one year shall be awarded to the highest responsible
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1 bidder after advertising for bids. All construction
2 contracts and contracts for supplies, materials, equipment,
3 and services, when the expense will exceed $2,500, shall be
4 let to the lowest responsible bidder after advertising for
5 bids, except (i) when repair parts, accessories, equipment,
6 or services are required for equipment or services previously
7 furnished or contracted for, (ii) when the nature of the
8 services required is such that competitive bidding is not in
9 the best interest of the public, including without limitation
10 the services of accountants, architects, attorneys,
11 engineers, physicians, superintendents of construction, and
12 others possessing a high degree of skill, and (iii) when
13 services such as water, light, heat, power, telephone, or
14 telegraph are required.
15 (b) All contracts involving less than $2,500 shall be
16 let by competitive bidding to the lowest responsible bidder
17 whenever possible and, in any event, in a manner calculated
18 to ensure insure the best interests of the public.
19 Competitive bidding is not required for the lease of real
20 estate or buildings owned or controlled by the Authority.
21 The Board is empowered to offer those leases upon terms it
22 deems advisable.
23 (c) In determining the responsibility of any bidder, the
24 Board may take into account the past records of dealings with
25 the bidder, the bidder's experience, adequacy of equipment,
26 and ability to complete performance within the time set, and
27 other factors besides financial responsibility, but in no
28 case shall any contracts be awarded to any other than the
29 highest bidder (in case of sale, concession, or lease) or the
30 lowest bidder (in case of purchase or expenditure) unless
31 authorized or approved by a vote of at least 3 members of the
32 Board and unless the action is accompanied by a statement in
33 writing setting forth the reasons for not awarding the
34 contract to the highest or lowest bidder, as the case may be,
HB0235 Enrolled -141- LRB9000879DJcd
1 which statement shall be kept on file in the principal office
2 of the Authority and open to public inspection.
3 (d) Members of the Board, officers and employees of the
4 Authority, and their relatives within the fourth degree of
5 consanguinity by the terms of the civil law are forbidden to
6 be interested directly or indirectly in any contract for
7 construction or maintenance work or for the delivery of
8 materials, supplies, or equipment.
9 (e) The Board shall have the right to reject all bids
10 and to readvertise for bids. If no responsible and
11 satisfactory bid within the terms of the advertisement is
12 received, the Board may award the contract without
13 competitive bidding if the contract is not less advantageous
14 to the Authority than any valid bid received in response to
15 advertisement.
16 (f) The Board shall adopt rules and regulations to carry
17 into effect the provisions of this Section.
18 (Source: P.A. 86-1414.)
19 Section 90-40. Standard civic center provisions
20 incorporated by reference. The following Sections of this
21 Code are incorporated by reference into this Article:
22 Section 2-3. Purpose.
23 Section 2-5. Definitions.
24 Section 2-10. Lawsuits; common seal.
25 Section 2-15. Duties; auditorium, recreational, and other
26 buildings; lease of space.
27 Section 2-25. Incurring obligations.
28 Section 2-30. Prompt payment.
29 Section 2-35. Acquisition of property from person,
30 State, or local agency.
31 Section 2-40. Federal money.
32 Section 2-45. Insurance.
33 Section 2-50. Borrowing; revenue bonds; suits to compel
HB0235 Enrolled -142- LRB9000879DJcd
1 performance.
2 Section 2-55. Bonds; nature of indebtedness.
3 Section 2-60. Investment in bonds.
4 Section 2-75. Board members; financial matters; conflict
5 of interest.
6 Section 2-80. Board members' oath.
7 Section 2-85. Board members; vacancy in office.
8 Section 2-90. Organization of the Board.
9 Section 2-97. Board meetings; public records.
10 Section 2-100. Secretary; treasurer.
11 Section 2-105. Funds.
12 Section 2-110. Signatures on checks or drafts.
13 Section 2-115. General manager; other appointments.
14 Section 2-122. Rules and regulations; penalties.
15 Section 2-130. Bids and advertisements.
16 Section 2-132. Bidders; civil action to compel
17 compliance.
18 Section 2-135. Report and financial statement.
19 Section 2-140. State financial support.
20 Section 2-145. Anti-trust laws.
21 Section 2-150. Tax exemption.
22 ARTICLE 95.
23 HERRIN CIVIC CENTER
24 (70 ILCS 280/1-2)
25 Section 95-1. Short title. Sec. 1-2. This Article 1
26 shall be known and may be cited as the Herrin and Jefferson
27 County Civic Center Law of 1997 Act.
28 (Source: P.A. 83-1451.)
29 (70 ILCS 280/1-3, in part)
30 Section 95-5. Definitions. Sec. 1-3. When used in this
31 Article Act:
HB0235 Enrolled -143- LRB9000879DJcd
1 "Authority" means the Herrin Metropolitan Exposition,
2 Auditorium and Office Building Authority or the Jefferson
3 County Metropolitan Exposition, Auditorium and Office
4 Building Authority, as the case may be.
5 "Board" means the governing and administrative body of
6 the Herrin Metropolitan Exposition, Auditorium and Office
7 Building Authority or the governing and administrative body
8 of the Jefferson County Metropolitan Exposition, Auditorium
9 and Office Building Authority, as the case may be.
10 "Metropolitan area" means all that territory in the State
11 of Illinois lying within the corporate boundaries of the City
12 of Herrin or of the County of Jefferson, as the case may be.
13 (Source: P.A. 83-1451.)
14 (70 ILCS 280/1-4, in part)
15 Section 95-10. Authority created; principal office. Sec.
16 1-4. There is are hereby created a 2 political subdivision
17 subdivisions, body politic politics and municipal corporation
18 corporations by the name names and style styles of the Herrin
19 Metropolitan Exposition, Auditorium and Office Building
20 Authority and the Jefferson County Metropolitan Exposition,
21 Auditorium and Office Building Authority in the their
22 respective metropolitan area areas.
23 The principal office of the Herrin Metropolitan
24 Exposition, Auditorium and Office Building Authority shall be
25 in the City of Herrin and the principal office of the
26 Jefferson County Metropolitan Exposition, Auditorium and
27 Office Building Authority shall be in the City of Mount
28 Vernon.
29 (Source: P.A. 83-1451.)
30 (70 ILCS 280/1-14, in part)
31 Section 95-15. Board created. Sec. 1-14. The governing
32 and administrative body of the Authority shall be a board
HB0235 Enrolled -144- LRB9000879DJcd
1 consisting of 7 members and shall be known as the Herrin
2 Metropolitan Exposition Auditorium and Office Building Board
3 or the Jefferson County Metropolitan Exposition, Auditorium
4 and Office Building Board, as the case may be. The members of
5 the Board shall be individuals of generally recognized
6 ability and integrity.
7 (Source: P.A. 83-1451.)
8 (70 ILCS 280/1-15, in part)
9 Section 95-20. Board members appointed. Sec. 1-15.
10 Within 60 days after January 1, 1984 (the effective date of
11 Article 1 of Public Act 83-911), this Act becomes effective
12 the Mayor of Herrin or Mount Vernon, as the case may be, with
13 the advice and consent of the Herrin or Mount Vernon City
14 Council, shall appoint 7 members of the Board, 2 members to
15 be appointed for a term of one year, 2 members to be
16 appointed for terms of 2 years, and 3 members to be appointed
17 for terms of 3 years, such terms commencing on the date each
18 is appointed. One of the members appointed may be a
19 representative from the Herrin or Mount Vernon City Council.
20 At the expiration of the term of any member, his successor
21 shall be appointed by the Mayor of Herrin or Mount Vernon in
22 a like manner. All successors shall hold office for a term
23 of 3 years from the date of appointment, except in case of an
24 appointment to fill a vacancy.
25 (Source: P.A. 83-911.)
26 Section 95-25. Standard civic center provisions
27 incorporated by reference. The following Sections of this
28 Code are incorporated by reference into this Article:
29 Section 2-3. Purpose.
30 Section 2-5. Definitions.
31 Section 2-10. Lawsuits; common seal.
32 Section 2-16. Duties; auditorium and other buildings;
HB0235 Enrolled -145- LRB9000879DJcd
1 lease of space.
2 Section 2-20. Rights and powers, including eminent
3 domain.
4 Section 2-25. Incurring obligations.
5 Section 2-30. Prompt payment.
6 Section 2-35. Acquisition of property from person,
7 State, or local agency.
8 Section 2-40. Federal money.
9 Section 2-45. Insurance.
10 Section 2-50. Borrowing; revenue bonds; suits to compel
11 performance.
12 Section 2-55. Bonds; nature of indebtedness.
13 Section 2-60. Investment in bonds.
14 Section 2-75. Board members; financial matters; conflict
15 of interest.
16 Section 2-80. Board members' oath.
17 Section 2-83. Removal of Board member from office.
18 Section 2-85. Board members; vacancy in office.
19 Section 2-90. Organization of the Board.
20 Section 2-96. Meetings; action by 4 Board members.
21 Section 2-100. Secretary; treasurer.
22 Section 2-105. Funds.
23 Section 2-110. Signatures on checks or drafts.
24 Section 2-115. General manager; other appointments.
25 Section 2-122. Rules and regulations; penalties.
26 Section 2-125. Contracts; award to other than highest or
27 lowest bidder by vote of 5 Board members.
28 Section 2-130. Bids and advertisements.
29 Section 2-132. Bidders; civil action to compel
30 compliance.
31 Section 2-135. Report and financial statement.
32 Section 2-140. State financial support.
33 Section 2-145. Anti-trust laws.
34 Section 2-150. Tax exemption.
HB0235 Enrolled -146- LRB9000879DJcd
1 ARTICLE 100.
2 ILLINOIS INTERNATIONAL CONVENTION CENTER
3 (70 ILCS 270/6-1)
4 Section 100-1. Short title. Sec. 6-1. This Article 6
5 shall be known and may be cited as the Illinois International
6 Convention Center Law of 1997.
7 (Source: P.A. 86-1414.)
8 (70 ILCS 270/6-2, in part)
9 Section 100-5. Definitions. Sec. 6-2. As used in this
10 Article, unless the context otherwise requires:
11 "Authority" means the Illinois International Convention
12 Center Authority.
13 "Board" means the governing and administrative body of
14 the Illinois International Convention Center Authority.
15 "Metropolitan area" means all that territory which lies
16 within the corporate boundaries of the Village of Schaumburg.
17 (Source: P.A. 86-1414.)
18 (70 ILCS 270/6-3, in part)
19 Section 100-10. Authority created; principal office. Sec.
20 6-3. There is hereby created a unit of local government known
21 as the Illinois International Convention Center Authority in
22 the metropolitan area.
23 The principal office of the Authority shall be in the
24 Village of Schaumburg.
25 (Source: P.A. 86-1414.)
26 (70 ILCS 270/6-10)
27 Section 100-15. Borrowing; revenue bonds. Sec. 6-10. The
28 Authority shall have continuing power to borrow money for the
29 purpose of carrying out and performing its duties and
30 exercising its powers under this Article Act.
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1 For the purpose of evidencing the obligation of the
2 Authority to repay any money borrowed as aforesaid, the
3 Authority may, pursuant to an ordinance adopted by the Board,
4 from time to time issue and dispose of its interest bearing
5 revenue bonds, and may also from time to time issue and
6 dispose of its interest bearing revenue bonds to refund any
7 bonds at maturity or pursuant to redemption provisions or at
8 any time before maturity with the consent of the holders
9 thereof. All such bonds shall be payable solely from the
10 revenues or income to be derived from the fairs, expositions,
11 exhibitions, rentals and leases and other authorized
12 activities operated by the Authority, and from funds, if any,
13 received and to be received by the Authority from any other
14 source. Such bonds may bear such date or dates, may mature
15 at such time or times not exceeding 40 years from their
16 respective dates, may bear interest at such rate or rates,
17 may be in such form, may carry such registration privileges,
18 may be executed in such manner, may be payable at such place
19 or places, may be made subject to redemption in such manner
20 and upon such terms, with or without premium as is stated on
21 the face thereof, may be executed in such manner and may
22 contain such terms and covenants, all as may be provided in
23 the ordinance. In case any officer whose signature appears
24 on any bond ceases (after attaching his signature) to hold
25 office,; his signature shall nevertheless be valid and
26 effective for all purposes. The holder or holders of any
27 bonds, or interest coupons appertaining thereto, issued by
28 the Authority may bring mandamus, injunction, or other civil
29 actions or and proceedings to compel the performance and
30 observance by the Authority or any of its officers, agents or
31 employees of or any contract or covenant made by the
32 Authority with the holders of such bonds or interest coupons,
33 and to compel the Authority and any of its officers, agents
34 or employees to perform any duties required to be performed
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1 for the benefit of the holders of any such bonds or interest
2 coupons by the provisions of the ordinance authorizing their
3 issuance, and to enjoin the Authority and any of its
4 officers, agents or employees from taking any action in
5 conflict with any such contract or covenant.
6 Notwithstanding the form and tenor of any such bonds and
7 in the absence of any express recital on the face thereof
8 that it is non-negotiable, all such bonds shall be negotiable
9 instruments under the Uniform Commercial Code of the State of
10 Illinois.
11 From and after the issuance of any bonds as herein
12 provided it shall be the duty of the corporate authorities of
13 the Authority to fix and establish rates, charges, rents, and
14 fees for the use of facilities acquired, constructed,
15 reconstructed, extended or improved with the proceeds of the
16 sale of said bonds sufficient at all times, with other
17 revenues of the Authority, to pay:
18 (a) the cost of leasing, maintaining, repairing,
19 regulating and operating the facilities; and
20 (b) the bonds and interest thereon as they shall become
21 due, and all sinking fund requirements and other requirements
22 provided by the ordinance authorizing the issuance of the
23 bonds or as provided by any trust agreement executed to
24 secure payment thereof.
25 To secure the payment of any or all of such bonds and for
26 the purpose of setting forth the covenants and undertakings
27 of the Authority in connection with the issuance thereof and
28 the issuance of any additional bonds payable from such
29 revenue income to be derived from the fairs, recreational,
30 theatrical or cultural expositions, sport activities,
31 exhibitions, office rentals, and air space leases and
32 rentals, and other revenue, if any, the Authority may execute
33 and deliver a trust agreement or agreements; provided that no
34 lien upon any physical property of the Authority shall be
HB0235 Enrolled -149- LRB9000879DJcd
1 created thereby.
2 A remedy for any breach or default of the terms of any
3 such trust agreement by the Authority may be by mandamus,
4 injunction, or other civil actions or and proceedings in any
5 court of competent jurisdiction to compel performance and
6 compliance therewith, but the trust agreement may prescribe
7 by whom or on whose behalf such action may be instituted.
8 Before any such bonds (excepting refunding bonds) are
9 sold, the entire authorized issue, or any part thereof, shall
10 be offered for sale as a unit after advertising for bids at
11 least 3 times in a daily newspaper of general circulation
12 published in the metropolitan area, the last publication to
13 be at least 10 days before bids are required to be filed.
14 Copies of such advertisement may be published in any
15 newspaper or financial publication in the United States. All
16 bids shall be sealed, filed and opened as provided by
17 ordinance and the bonds shall be awarded to the highest and
18 best bidder or bidders therefor. The Authority shall have
19 the right to reject all bids and readvertise for bids in the
20 manner provided for in the initial advertisement. However,
21 if no bids are received such bonds may be sold at not less
22 than par value, without further advertising, within 60 days
23 after the bids are required to be filed pursuant to any
24 advertisement.
25 (Source: P.A. 83-1456.)
26 (70 ILCS 270/6-11)
27 Section 100-20. Bonds; nature of indebtedness. Sec.
28 6-11. Under no circumstances shall any bonds issued by the
29 Authority be or become an indebtedness or obligation of the
30 State of Illinois or any unit of local government or school
31 district within the State, nor shall any such bond or
32 obligation be or become an indebtedness of the Authority
33 within the purview of any constitutional limitation or
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1 provision, and it shall be plainly stated on the face of each
2 bond that it does not constitute such an indebtedness or
3 obligation but is payable solely from revenues or income.
4 (Source: P.A. 83-1456.)
5 (70 ILCS 270/6-12)
6 Section 100-25. Investment in bonds. Sec. 6-12. The
7 State and all counties, cities, villages, incorporated towns
8 and other units of local government and public bodies, and
9 public officers of any thereof;, all banks, bankers, trust
10 companies, savings banks and institutions, building and loan
11 associations, savings and loan associations, investment
12 companies and other persons carrying on an insurance
13 business; and all executors, administrators, guardians,
14 trustees and other fiduciaries may legally invest any sinking
15 funds, moneys or other funds belonging to them or within
16 their control in any bonds issued pursuant to this Article
17 Act.
18 (Source: P.A. 83-1456.)
19 (70 ILCS 270/6-13)
20 Section 100-30. Bonds other than revenue bonds; election.
21 Sec. 6-13. No bonds, other than revenue bonds issued pursuant
22 to Section 100-15 6-10, shall be issued by the Authority
23 until the proposition to issue the same has been submitted to
24 and approved by a majority of the voters of said metropolitan
25 area voting upon the proposition at a general election in
26 accordance with the general election law. The Authority may
27 by resolution order such proposition submitted at a regular
28 election in accordance with the general election law,
29 whereupon the recording officer shall certify the resolution
30 and the proposition to the proper election officials for
31 submission. Any proposition to issue bonds as herein set
32 forth shall be in substantially the following form:
HB0235 Enrolled -151- LRB9000879DJcd
1 -------------------------------------------------------------
2 Shall bonds of the Illinois
3 International Convention Center YES
4 Authority to the amount of...... ------------------------
5 Dollars ($ ) be issued for the NO
6 purpose of....?
7 -------------------------------------------------------------
8 (Source: P.A. 86-1414.)
9 (70 ILCS 270/6-14)
10 Section 100-35. Tax. Sec. 6-14. If a majority of the
11 voters of said metropolitan area approve the issuance of
12 bonds as provided in Section 100-30 6-13 of this Act, the
13 Authority shall have power to levy and collect annually a sum
14 sufficient to pay for the annual principal and interest
15 charges on such bonds.
16 Such taxes proposed by the Authority to be levied upon
17 the taxable property within the metropolitan area shall be
18 levied by ordinance. After the ordinance has been adopted it
19 shall, within 10 days after its passage, be published once in
20 a newspaper published and having a general circulation within
21 the metropolitan area. A certified copy of such levy
22 ordinance shall be filed with the County Clerk no later than
23 the 3rd Tuesday in September in each year. Thereupon the
24 County Clerk shall extend such tax; provided the aggregate
25 amount of taxes levied for any one year shall not exceed the
26 rate of .0005% of the full fair cash value of the taxable
27 property in the metropolitan area, as equalized or assessed
28 by the Department of Revenue.
29 (Source: P.A. 83-1456.)
30 (70 ILCS 270/6-15, in part)
31 Section 100-40. Board created. Sec. 6-15. The governing
32 and administrative body of the Authority shall be a board
HB0235 Enrolled -152- LRB9000879DJcd
1 consisting of 9 members and shall be known as the Illinois
2 International Convention Center Board. The members of the
3 board shall be individuals of generally recognized ability
4 and integrity.
5 (Source: P.A. 86-1414.)
6 (70 ILCS 270/6-16, in part)
7 Section 100-45. Board members appointed. Sec. 6-16.
8 Within 60 days after September 17, 1984 (the effective date
9 of Article 6 of Public Act 83-1456) this Act becomes
10 effective, the Village President of Schaumburg, with the
11 advice and consent of the Schaumburg Village Board of
12 Trustees, shall appoint 7 members of the Board, 2 members to
13 be appointed for terms of one year, 2 members to be appointed
14 for terms of 2 years, and 3 members to be appointed for terms
15 of 3 years, such terms commencing on the date each is
16 appointed. Within 60 days after September 11, 1990 (the
17 effective date of Article 4 of Public Act 86-1414) this
18 amendatory Act of 1990 becomes effective, the Village
19 President of Schaumburg, with the advice and consent of the
20 Schaumburg Village Board of Trustees, shall appoint 2
21 additional members of the Board, one member to be appointed
22 for a term of 2 years and one member to be appointed for a
23 term of 3 years, the terms commencing on the date each is
24 appointed. One of the members appointed may be a
25 representative from the Schaumburg Village Board of Trustees.
26 At the expiration of the term of any member, his successor
27 shall be appointed by the Village President of Schaumburg in
28 a like manner. All successors shall hold office for a term of
29 3 years from the date of appointment, except in case of an
30 appointment to fill a vacancy.
31 (Source: P.A. 86-1414.)
32 (70 ILCS 270/6-27)
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1 Section 100-50. Report and financial statement. Sec.
2 6-27. As soon after the end of each fiscal year as may be
3 expedient, the Board shall cause to be prepared and printed a
4 complete and detailed report and financial statement of its
5 operations and of its assets and liabilities. A reasonably
6 sufficient number of copies of such report shall be printed
7 for distribution to persons interested upon request, and a
8 copy thereof shall be filed with the county clerk and the
9 Village President of Schaumburg.
10 (Source: P.A. 83-1456.)
11 Section 100-55. Standard civic center provisions
12 incorporated by reference. The following Sections of this
13 Code are incorporated by reference into this Article:
14 Section 2-5. Definitions.
15 Section 2-10. Lawsuits; common seal.
16 Section 2-17. Duties; auditorium and other buildings.
17 Section 2-21. Rights and powers.
18 Section 2-25. Incurring obligations.
19 Section 2-30. Prompt payment.
20 Section 2-36. Acquisition of property from person or
21 governmental agency.
22 Section 2-40. Federal money.
23 Section 2-45. Insurance.
24 Section 2-75. Board members; financial matters; conflict
25 of interest.
26 Section 2-80. Board members' oath.
27 Section 2-83. Removal of Board member from office.
28 Section 2-85. Board members; vacancy in office.
29 Section 2-90. Organization of the Board.
30 Section 2-95. Meetings; action by 5 Board members.
31 Section 2-101. Secretary; treasurer; funds deposited in
32 bank or savings and loan association.
33 Section 2-106. Funds; compliance with Public Funds
HB0235 Enrolled -154- LRB9000879DJcd
1 Investment Act.
2 Section 2-110. Signatures on checks or drafts.
3 Section 2-115. General manager; other appointments.
4 Section 2-120. Ordinances, rules, and regulations; fines
5 and penalties.
6 Section 2-127. Contracts; award to other than highest or
7 lowest bidder by four-fifths vote.
8 Section 2-130. Bids and advertisements.
9 Section 2-140. State financial support.
10 Section 2-145. Anti-trust laws.
11 Section 2-150. Tax exemption.
12 ARTICLE 105.
13 ILLINOIS-MICHIGAN CANAL
14 NATIONAL HERITAGE CORRIDOR CIVIC CENTER
15 (70 ILCS 285/1)
16 Section 105-1. Short title. Sec. 1. This Article Act
17 shall be known and may be cited as the Illinois-Michigan
18 "Illinois-Michigan Canal National Heritage Corridor Civic
19 Center Authority Law of 1997 Act".
20 (Source: P.A. 85-791.)
21 (70 ILCS 285/2, in part)
22 Section 105-5. Definitions. Sec. 2. When used in this
23 Article: Act
24 "Authority" means the Illinois-Michigan Canal National
25 Heritage Corridor Civic Center Authority.
26 "Board" means the governing and administrative body of
27 the Illinois-Michigan Canal National Heritage Corridor Civic
28 Center Authority.
29 "Metropolitan area" means all that territory in the State
30 of Illinois lying within the municipalities of Lyons, McCook,
31 Hodgins, Countryside, Indianhead Park, Willow Springs,
HB0235 Enrolled -155- LRB9000879DJcd
1 Justice, Bridgeview, Bedford Park, Summit and Lemont, and all
2 the incorporated area lying within the Village of Burr Ridge,
3 all the unincorporated area lying within Cook and DuPage
4 County, which is bounded on the North by the north line of
5 the Des Plaines River, on the west by a line 10,000 feet west
6 of the center line of Illinois Rt. 83, on the south by the
7 north line of the Sanitary & Ship Canal, and all the
8 unincorporated area lying within Cook and DuPage County which
9 is bounded on the northwest by the north line of the Sanitary
10 Drainage & Ship Canal, on the South by the Calumet Sag
11 Channel, and on the East by the center line of Illinois Rt.
12 83, and all the area not lying within a city, village or
13 incorporated town lying within Lemont Township which is
14 located north of a line commencing at the intersection of the
15 east line of Lemont Township and McCarthy Road (123rd
16 Street), thence westerly until the intersection of McCarthy
17 Road and Archer Avenue, thence southwesterly until the
18 intersection of Archer Avenue and 127th Street, thence
19 westerly to the west line of Lemont Township, and all the
20 unincorporated municipal area lying within Community College
21 District No. 524, located in Lyons and Palos Townships, lying
22 north of a line commencing at a point which is the
23 intersection lines of Harlem Avenue and Archer Road, thence
24 southwesterly along the center line of Archer Road to the
25 center line of 96th Avenue (LaGrange Road), thence southerly
26 along said center line of 96th Avenue to the center line of
27 McCarthy Road (123rd Street), thence westerly along the
28 center line of McCarthy Road to the west line of Palos
29 Township.
30 (Source: P.A. 85-791.)
31 (70 ILCS 285/3, in part)
32 Section 105-10. Authority created; principal office. Sec.
33 3. There is hereby created a political subdivision, body
HB0235 Enrolled -156- LRB9000879DJcd
1 politic and municipal corporation by the name and style of
2 Illinois-Michigan Canal National Heritage Corridor Civic
3 Center Authority in the metropolitan area.
4 The principal office of the Authority shall be
5 temporarily in the Village of Summit.
6 (Source: P.A. 85-791.)
7 (70 ILCS 285/4)
8 Section 105-15. Duties. Sec. 4. It shall be the duty of
9 the Authority to promote the Illinois-Michigan Canal and
10 those capital projects which are in support of the operation
11 of the Illinois-Michigan Canal National Corridor and to
12 operate and maintain boat ramps, nature paths, campgrounds
13 and other recreational facilities in the metropolitan area.
14 The Authority is granted all rights and powers necessary to
15 perform such duties, except the power of eminent domain.
16 (Source: P.A. 83-893.)
17 (70 ILCS 285/5)
18 Section 105-20. Rights and powers. Sec. 5. The Authority
19 shall have the following rights and powers duties:
20 (a) To acquire, purchase, own, construct, lease as
21 lessee or in any other way acquire, improve, extend, repair,
22 reconstruct, regulate, operate, equip and maintain land and
23 buildings, including sites for boat ramps, campgrounds,
24 nature paths and other recreational and parking areas and
25 facilities therefor located within the metropolitan area.
26 Nothing in this Section shall be construed to grant the
27 Authority the power of eminent domain.
28 (b) To enter into contracts treating in any manner with
29 the objects and purposes of this Article Act.
30 (c) To plan for such facilities and to allow the use of
31 such facilities whether conducted by the Authority or some
32 other person or governmental agency.
HB0235 Enrolled -157- LRB9000879DJcd
1 (d) To fix and collect just, reasonable and
2 nondiscriminatory charges and rents for the use of such
3 parking areas and facilities, grounds and buildings held by
4 the Authority. The charges collected may be made available to
5 defray the reasonable expenses of the Authority and to pay
6 the principal of and the interest on any bonds issued by the
7 Authority.
8 (Source: P.A. 83-893.)
9 (70 ILCS 285/10)
10 Section 105-25. Borrowing; revenue bonds. Sec. 10.
11 Authority shall have continuing power to borrow money for the
12 purpose of carrying out and performing its duties and
13 exercising its powers under this Article Act.
14 For the purpose of evidencing the obligation of the
15 Authority to repay any money borrowed as aforesaid, the
16 Authority may, pursuant to ordinance adopted by the Board,
17 from time to time issue and dispose of its interest bearing
18 revenue bonds, and may also from time to time issue and
19 dispose of its interest bearing revenue bonds to refund any
20 bonds at maturity or pursuant to redemption provisions or at
21 any time before maturity with the consent of the holders
22 thereof. All such bonds shall be payable solely from the
23 revenues or income to be derived from the authorized
24 activities operated by it, and from funds, if any, received
25 and to be received by the Authority from any other source.
26 Such bonds may bear such date or dates, may mature at such
27 time or times not exceeding 40 years from their respective
28 dates, may bear interest at such rate or rates as provided in
29 Section 2 of the Bond Authorization Act "AN ACT to authorize
30 public corporations to issue bonds, other evidences of
31 indebtedness and tax anticipation warrants subject to
32 interest rate limitations set forth therein", approved May
33 26, 1970, as now or hereafter amended, may be in such form,
HB0235 Enrolled -158- LRB9000879DJcd
1 may carry such registration privileges, may be executed in
2 such manner, may be payable at such place or places, may be
3 made subject to redemption in such manner and upon such
4 terms, with or without premium as is stated on the face
5 thereof, may be executed in such manner and may contain such
6 terms and covenants, all as may be provided in said
7 ordinance. In case any officer whose signature appears on any
8 bond ceases (after attaching his signature) to hold office,;
9 his signature shall nevertheless be valid and effective for
10 all purposes. The holder or holders of any bonds, or interest
11 coupons appertaining thereto issued by the Authority may
12 bring suits at law or proceedings in equity to compel the
13 performance and observance by the Authority or any of its
14 officers, agents or employees of or any contract or covenant
15 made by the Authority with the holders of such bonds or
16 interest coupons, and to compel the Authority and any of its
17 officers, agents or employees to perform any duties required
18 to be performed for the benefit of the holders of any such
19 bonds or interest coupons by the provisions of the ordinance
20 authorizing their issuance, and to enjoin the Authority and
21 any of its officers, agents or employees from taking any
22 action in conflict with any such contract or covenant.
23 Notwithstanding the form and tenor of any such bonds and
24 in the absence of any express recital on the face thereof
25 that it is nonnegotiable, all such bonds shall be negotiable
26 instruments under the Uniform Commercial Code of the State of
27 Illinois.
28 The bonds shall be sold by the corporate authorities of
29 the Authority in such manner as said corporate authorities
30 shall determine, except that if issued to bear interest at
31 the maximum rate permitted by law, the bonds shall be sold
32 for not less than par and accrued interest.
33 From and after the issuance of any bonds as herein
34 provided it shall be the duty of the corporate authorities of
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1 the Authority to fix and establish rates, charges, rents, and
2 fees for the use of facilities acquired, constructed,
3 reconstructed, extended or improved with the proceeds of the
4 sale of said bonds sufficient at all times, with other
5 revenues of the Authority to pay:
6 (a) the cost of maintaining, repairing, regulating and
7 operating such facilities; and
8 (b) the bonds and interest thereon as they shall become
9 due, and all sinking fund requirements and other requirements
10 provided by the ordinance authorizing the issuance of the
11 bonds or as provided by any trust agreement executed to
12 secure payment thereof.
13 To secure the payment of any or all of such bonds and for
14 the purpose of setting forth the covenants and undertakings
15 of the Authority in connection with the issuance thereof and
16 the issuance of any additional bonds payable from such
17 revenue income to be derived from the recreational activities
18 and other revenue, if any, the Authority may execute and
19 deliver a trust agreement or agreements; provided that no
20 lien upon any physical property of the Authority shall be
21 created thereby.
22 A remedy for any breach or default of the terms of any
23 such trust agreement by the Authority may be by mandamus
24 proceedings in any court of competent jurisdiction to compel
25 performance and compliance therewith, but the trust agreement
26 may prescribe by whom or on whose behalf such action may be
27 instituted.
28 Before any such bonds (excepting refunding bonds) are
29 sold the entire authorized issue, or any part thereof, shall
30 be offered for sale as a unit after advertising for bids at
31 least 3 times in a daily newspaper of general circulation
32 published in the metropolitan area, the last publication to
33 be at least 10 days before bids are required to be filed.
34 Copies of such advertisement may be published in any
HB0235 Enrolled -160- LRB9000879DJcd
1 newspaper or financial publication in the United States. All
2 bids shall be sealed, filed and opened as provided by
3 ordinance and the bonds shall be awarded to the highest and
4 best bidder or bidders therefor. The Authority shall have the
5 right to reject all bids and readvertise for bids in the
6 manner provided for in the initial advertisement. However, if
7 no bids are received such bonds may be sold at not less than
8 par value, without further advertising, within 60 days after
9 the bids are required to be filed pursuant to any
10 advertisement.
11 (Source: P.A. 84-1308.)
12 (70 ILCS 285/13, in part)
13 Section 105-30. Board created. Sec. 13. The governing and
14 administrative body of the Authority shall be a board
15 consisting of 12 members and shall be known as the
16 Illinois-Michigan Canal National Heritage Corridor Civic
17 Center Board. The members of the board shall be individuals
18 of generally recognized ability and integrity.
19 (Source: P.A. 85-791.)
20 (70 ILCS 285/14, in part)
21 Section 105-35. Board members appointed. Sec. 14. Within
22 60 days after July 1, 1984 (the effective date of Public Act
23 83-893), this Act becomes effective the Mayor of each
24 municipality within the metropolitan area, with the advice
25 and consent of the governing body thereof, shall appoint one
26 member of the board for a term of 4 years, such terms
27 commencing on the date each is appointed. The additional
28 member authorized by Public Act 85-791 this amendatory Act of
29 1987 shall be appointed by the Village President of Burr
30 Ridge within 60 days after January 1, 1988 (the effective
31 date of Public Act 85-791) the effective date of this
32 amendatory Act of 1987. At the expiration of the term of any
HB0235 Enrolled -161- LRB9000879DJcd
1 member, his successor shall be appointed by the Mayor of the
2 appropriate municipality in like manner. All successors shall
3 hold office for a term of 4 years from the date of
4 appointment, except in case of an appointment to fill a
5 vacancy.
6 (Source: P.A. 85-791.)
7 (70 ILCS 285/16)
8 Section 105-38. Organization of the Board. Sec. 16. As
9 soon as practicably possible after the appointment of the
10 initial members, the Board shall organize for the transaction
11 of business, select a chairman and a temporary secretary from
12 its own number, select a location for its principal office
13 and adopt bylaws and regulations to govern its proceedings.
14 The initial chairman and his successors shall be elected by
15 the Board from time to time for the term of his office as a
16 member of the Board.
17 (Source: P.A. 83-893.)
18 (70 ILCS 285/17, in part)
19 Section 105-40. Quorum; action by vote of 7 Board
20 members. Sec. 17. Board. A majority of the members of the
21 Board shall constitute a quorum for the transaction of
22 business. All action of the Board shall be by ordinance or
23 resolution and the affirmative vote of at least 7 members
24 shall be necessary for the adoption of any ordinance or
25 resolution.
26 (Source: P.A. 85-791.)
27 (70 ILCS 285/23)
28 Section 105-45. Contracts; bidding. Sec. 23. All
29 contracts for sale of property of the value of more than
30 $2500 or for a concession in or lease of property, including
31 air rights, of the Authority for a term of more than one year
HB0235 Enrolled -162- LRB9000879DJcd
1 shall be awarded to the highest responsible bidder, after
2 advertising for bids. All construction contracts and
3 contracts for supplies, materials, equipment and services,
4 when the expense thereof will exceed $2500, shall be let to
5 the lowest responsible bidder, after advertising for bids,
6 excepting (1) when repair parts, accessories, equipment or
7 services are required for equipment or services previously
8 furnished or contracted for; (2) when the nature of the
9 services required is such that competitive bidding is not in
10 the best interest of the public, including, without limiting
11 the generality of the foregoing, the services of accountants,
12 architects, attorneys, engineers, physicians, superintendents
13 of construction, and others possessing a high degree of
14 skill; and (3) when services such as water, light, heat,
15 power, telephone or telegraph are required.
16 All contracts involving less than $2500 shall be let by
17 competitive bidding to the lowest responsible bidder whenever
18 possible, and in any event in a manner calculated to ensure
19 insure the best interests of the public.
20 Competitive bidding is not required for the lease of real
21 estate or buildings owned or controlled by the Authority.
22 The Board is empowered to offer such leases upon such terms
23 as it deems advisable.
24 In determining the responsibility of any bidder, the
25 Board may take in account the past record of dealings with
26 the bidder, the bidder's experience, adequacy of equipment,
27 and ability to complete performance within the time set, and
28 other factors besides financial responsibility, but in no
29 case shall any such contracts be awarded to any other than
30 the highest bidder (in case of sale, concession or lease) or
31 the lowest bidder (in case of purchase or expenditure) unless
32 authorized or approved by a vote of at least 4/5 of the
33 members of the Board, and unless such action is accompanied
34 by a statement in writing setting forth the reasons for not
HB0235 Enrolled -163- LRB9000879DJcd
1 awarding the contract to the highest or lowest bidder, as the
2 case may be, which statement shall be kept on file in the
3 principal office of the Authority and open to public
4 inspection.
5 Members of the Board, officers and employees of the
6 Authority, and their relatives within the fourth degree of
7 consanguinity by the terms of the civil law, are forbidden to
8 be interested directly or indirectly in any contract for
9 construction or maintenance work or for the delivery of
10 materials, supplies or equipment.
11 The Board shall have the right to reject all bids and to
12 readvertise for bids. If after any such advertisement no
13 responsible and satisfactory bid, within the terms of the
14 advertisement, shall be received, the Board may award such
15 contract, without competitive bidding, provided that it shall
16 not be less advantageous to the Authority than any valid bid
17 received pursuant to advertisement.
18 The Board shall adopt rules and regulations to carry into
19 effect the provisions of this Section.
20 (Source: P.A. 83-893.)
21 Section 105-50. Standard civic center provisions
22 incorporated by reference. The following Sections of this
23 Code are incorporated by reference into this Article:
24 Section 2-5. Definitions.
25 Section 2-10. Lawsuits; common seal.
26 Section 2-25. Incurring obligations.
27 Section 2-30. Prompt payment.
28 Section 2-35. Acquisition of property from person,
29 State, or local agency.
30 Section 2-40. Federal money.
31 Section 2-45. Insurance.
32 Section 2-55. Bonds; nature of indebtedness.
33 Section 2-60. Investment in bonds.
HB0235 Enrolled -164- LRB9000879DJcd
1 Section 2-76. Board members; financial matters;
2 compensation for secretary or treasurer; conflict of
3 interest.
4 Section 2-80. Board members' oath.
5 Section 2-83. Removal of Board member from office.
6 Section 2-85. Board members; vacancy in office.
7 Section 2-97. Board meetings; public records.
8 Section 2-100. Secretary; treasurer.
9 Section 2-105. Funds.
10 Section 2-110. Signatures on checks or drafts.
11 Section 2-115. General manager; other appointments.
12 Section 2-120. Ordinances, rules, and regulations; fines
13 and penalties.
14 Section 2-130. Bids and advertisements.
15 Section 2-135. Report and financial statement.
16 Section 2-140. State financial support.
17 Section 2-145. Anti-trust laws.
18 Section 2-150. Tax exemption.
19 ARTICLE 110.
20 ILLINOIS VALLEY CIVIC CENTER
21 (70 ILCS 325/6-2)
22 Section 110-1. Short title. Sec. 6-2. This Article shall
23 be known and may be cited as the Illinois Valley Civic Center
24 Law of 1997.
25 (Source: P.A. 86-907.)
26 (70 ILCS 325/6-3, in part)
27 Section 110-5. Definitions. Sec. 6-3. When used in this
28 Article:
29 "Authority" means the Illinois Valley Civic Center
30 Authority.
31 "Board" means the governing and administrative body of
HB0235 Enrolled -165- LRB9000879DJcd
1 the Illinois Valley Civic Center Authority.
2 "Metropolitan area" means all that territory in the State
3 of Illinois lying within the corporate boundaries of the
4 Cities of LaSalle, Oglesby, Peru and Spring Valley in the
5 County of LaSalle.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/6-4, in part)
8 Section 110-10. Authority created; principal office. Sec.
9 6-4. There is hereby created a political subdivision, body
10 politic and municipal corporation by the name and style of
11 the Illinois Valley Civic Center Authority in the
12 metropolitan area.
13 The principal office of the Authority shall be as
14 determined by the Mayors of LaSalle, Oglesby, Peru and
15 Spring Valley.
16 (Source: P.A. 86-907.)
17 (70 ILCS 325/6-14, in part)
18 Section 110-15. Board created. Sec. 6-14. The governing
19 and administrative body of the Authority shall be a board
20 consisting of 9 members and shall be known as the Illinois
21 Valley Civic Center Authority Board. The members of the
22 Board shall be individuals of generally recognized ability
23 and integrity.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/6-15, in part)
26 Section 110-20. Board members appointed. Sec. 6-15.
27 Within 60 days after September 11, 1989 (the effective date
28 of Article 6 of Public Act 86-907) this Article becomes
29 effective, the Mayors of the Cities of LaSalle, Oglesby, Peru
30 and Spring Valley, with the advice and consent of the
31 respective City Councils, shall appoint 1 member each of the
HB0235 Enrolled -166- LRB9000879DJcd
1 Board for initial terms expiring June 1, 1990; 1 member each
2 for initial terms expiring June 1, 1991. The successors of
3 the initial members shall be appointed in like manner for 3
4 year terms from the date of appointment, except in case of an
5 appointment to fill a vacancy.
6 (Source: P.A. 86-907.)
7 (70 ILCS 325/6-16, in part)
8 Section 110-25. Removal of Board members. Sec. 6-16. The
9 Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
10 Valley, with the advice and consent of the respective City
11 Councils, may remove any member of the Board appointed by him
12 or her, in case of incompetency, neglect of duty or
13 malfeasance in office, after service on the member, by
14 registered United States mail, return receipt requested, of a
15 copy of the written charges against him or her and an
16 opportunity to be publicly heard in person or by counsel in
17 his or her own defense upon not less than 10 days notice.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/6-26)
20 Section 110-30. Report and financial statement. Sec.
21 6-26. As soon after the end of each fiscal year as may be
22 expedient, the Board shall cause to be prepared and printed a
23 complete and detailed report and financial statement of its
24 operations and of its assets and liabilities. A reasonably
25 sufficient number of copies of such report shall be printed
26 for distribution to persons interested upon request and a
27 copy thereof shall be filed with the County Clerk and the
28 Mayors of the Cities of LaSalle, Oglesby, Peru and Spring
29 Valley.
30 (Source: P.A. 86-907.)
31 Section 110-35. Standard civic center provisions
HB0235 Enrolled -167- LRB9000879DJcd
1 incorporated by reference. The following Sections of this
2 Code are incorporated by reference into this Article:
3 Section 2-3. Purpose.
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-15. Duties; auditorium, recreational, and other
7 buildings; lease of space.
8 Section 2-20. Rights and powers, including eminent
9 domain.
10 Section 2-25. Incurring obligations.
11 Section 2-30. Prompt payment.
12 Section 2-35. Acquisition of property from person,
13 State, or local agency.
14 Section 2-40. Federal money.
15 Section 2-45. Insurance.
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance.
18 Section 2-55. Bonds; nature of indebtedness.
19 Section 2-60. Investment in bonds.
20 Section 2-75. Board members; financial matters; conflict
21 of interest.
22 Section 2-80. Board members' oath.
23 Section 2-85. Board members; vacancy in office.
24 Section 2-90. Organization of the Board.
25 Section 2-95. Meetings; action by 5 Board members.
26 Section 2-100. Secretary; treasurer.
27 Section 2-105. Funds.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-115. General manager; other appointments.
30 Section 2-122. Rules and regulations; penalties.
31 Section 2-125. Contracts; award to other than highest or
32 lowest bidder by vote of 5 Board members.
33 Section 2-130. Bids and advertisements.
34 Section 2-132. Bidders; civil action to compel
HB0235 Enrolled -168- LRB9000879DJcd
1 compliance.
2 Section 2-140. State financial support.
3 Section 2-145. Anti-trust laws.
4 Section 2-150. Tax exemption.
5 ARTICLE 115.
6 JASPER COUNTY CIVIC CENTER
7 (70 ILCS 220/4-2)
8 Section 115-1. Short title. Sec. 4-2. This Article shall
9 be known and may be cited as the Jasper County Civic Center
10 Law of 1997.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/4-3, in part)
13 Section 115-5. Definitions. Sec. 4-3. When used in this
14 Article:
15 "Authority" means the Jasper County Civic Center
16 Authority.
17 "Board" means the governing and administrative body of
18 the Jasper County Civic Center Authority.
19 "Metropolitan area" means all that territory in the State
20 of Illinois lying within the corporate boundaries of the
21 county of Jasper.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/4-4, in part)
24 Section 115-10. Authority created; principal office. Sec.
25 4-4. There is hereby created a political subdivision, body
26 politic and municipal corporation by the name and style of
27 the Jasper County Civic Center Authority in the metropolitan
28 area.
29 The principal office of the Authority shall be in Jasper
30 County.
HB0235 Enrolled -169- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/4-11)
3 Section 115-13. Borrowing; revenue bonds. Sec. 4-11.
4 The Authority shall have continuing power to borrow money for
5 the purpose of carrying out and performing its duties and
6 exercising its powers under this Article Act.
7 For the purpose of evidencing the obligation of the
8 Authority to repay any money borrowed as aforesaid, the
9 Authority may, pursuant to an ordinance adopted by the Board,
10 from time to time issue and dispose of its interest bearing
11 revenue bonds, and may also from time to time issue and
12 dispose of its interest bearing revenue bonds to refund any
13 bonds at maturity or pursuant to redemption provisions or at
14 any time before maturity with the consent of the holders
15 thereof. All such bonds shall be payable solely from the
16 revenues or income to be derived from the fairs, expositions,
17 exhibitions, rentals and leases and other authorized
18 activities operated by it, and from funds, if any, received
19 and to be received by the Authority from any other source.
20 Such bonds may bear such date or dates, may mature at such
21 time or times not exceeding 40 forty years from their
22 respective dates, may bear interest at such rate or rates,
23 not exceeding the maximum rate permitted by the Bond
24 Authorization Act "An Act to authorize public corporations to
25 issue bonds, other evidences of indebtedness and tax
26 anticipation warrants subject to interest rate limitations
27 set forth therein", approved May 26, 1970, as amended, may be
28 in such form, may carry such registration privileges, may be
29 executed in such manner, may be payable at such place or
30 places, may be made subject to redemption in such manner and
31 upon such terms, with or without premium as is stated on the
32 face thereof, may be executed in such manner and may contain
33 such terms and covenants, all as may be provided in said
HB0235 Enrolled -170- LRB9000879DJcd
1 ordinance. In case any officer whose signature appears on any
2 bond ceases (after attaching his signature) to hold office,
3 his signature shall nevertheless be valid and effective for
4 all purposes. The holder or holders of any bonds, or interest
5 coupons appertaining thereto issued by the Authority may
6 bring suits at law or proceedings in equity to compel the
7 performance and observance by the Authority or any of its
8 officers, agents or employees of or any contract or covenant
9 made by the Authority with the holders of such bonds or
10 interest coupons, and to compel the Authority and any of its
11 officers, agents or employees to perform any duties required
12 to be performed for the benefit of the holders of any such
13 bonds or interest coupons by the provisions of the ordinance
14 authorizing their issuance, and to enjoin the Authority and
15 any of its officers, agents or employees from taking any
16 action in conflict with any such contract or covenant.
17 Notwithstanding the form and tenor of any such bonds and
18 in the absence of any express recital on the face thereof
19 that it is non-negotiable, all such bonds shall be negotiable
20 instruments under the Uniform Commercial Code.
21 From and after the issuance of any bonds as herein
22 provided it shall be the duty of the corporate authorities of
23 the Authority to fix and establish rates, charges, rents, and
24 fees for the use of facilities acquired, constructed,
25 reconstructed, extended or improved with the proceeds of the
26 sale of said bonds sufficient at all times, with other
27 revenues of the Authority to pay:
28 (a) The cost of maintaining, repairing, regulating and
29 operating the said facilities; and
30 (b) The bonds and interest thereon as they shall become
31 due, and all sinking fund requirements and other requirements
32 provided by the ordinance authorizing the issuance of the
33 bonds or as provided by any trust agreement executed to
34 secure payment thereof.
HB0235 Enrolled -171- LRB9000879DJcd
1 To secure the payment of any or all of such bonds and for
2 the purpose of setting forth the covenants and undertakings
3 of the Authority in connection with the issuance thereof and
4 the issuance of any additional bonds payable from such
5 revenue income to be derived from the fairs, recreational,
6 theatrical, and cultural, expositions, sport activities,
7 exhibitions, office rentals, and air space leases and
8 rentals, and from other revenue, if any, the Authority may
9 execute and deliver a trust agreement or agreements; provided
10 that no lien upon any physical property of the Authority
11 shall be created thereby.
12 A remedy for any breach or default of the terms of any
13 such trust agreement by the Authority may be by mandamus
14 proceedings in the circuit court of Jasper County to compel
15 performance and compliance therewith, but the trust agreement
16 may prescribe by whom or on whose behalf such action may be
17 instituted.
18 Before any such bonds (excepting refunding bonds) are
19 sold the entire authorized issue, or any part thereof, shall
20 be offered for sale as a unit after advertising for bids at
21 least 3 three times in a daily newspaper of general
22 circulation published in the metropolitan area, the last
23 publication to be at least 10 ten days before bids are
24 required to be filed. Copies of such advertisement may be
25 published in any newspaper or financial publication in the
26 United States. All bids shall be sealed, filed and opened as
27 provided by ordinance and the bonds shall be awarded to the
28 highest and best bidder or bidders therefor. The Authority
29 shall have the right to reject all bids and readvertise for
30 bids in the manner provided for in the initial advertisement.
31 However, if no bids are received such bonds may be sold at
32 not less than par value, without further advertising, within
33 60 days after the bids are required to be filed pursuant to
34 any advertisement.
HB0235 Enrolled -172- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/4-14, in part)
3 Section 115-15. Board created. Sec. 4-14. The governing
4 and administrative body of the Authority shall be a board
5 consisting of 9 members and shall be known as the Jasper
6 County Civic Center Authority Board. The members of the
7 board shall be individuals of generally recognized ability
8 and integrity.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/4-15, in part)
11 Section 115-20. Board members appointed. Sec. 4-15.
12 Within 60 days after September 3, 1985 (the effective date of
13 Article 4 of Public Act 84-245), this Article becomes
14 effective: the chairman of the county board of Jasper County,
15 with the advice and consent of the county board of Jasper
16 County shall appoint 3 members of the Board for initial terms
17 expiring July 1, 1986; 3 members for initial terms expiring
18 July 1, 1987; and 3 members for initial terms expiring July
19 1, 1988. The successors of the initial members shall be
20 appointed in like manner for 3 year terms from the date of
21 appointment, except in case of an appointment to fill a
22 vacancy.
23 (Source: P.A. 84-245.)
24 (70 ILCS 220/4-16, in part)
25 Section 115-25. Removal of Board members. Sec. 4-16. The
26 appointing officer, with the advice and consent of the county
27 board, may remove any member of the Board appointed by him,
28 in case of incompetency, neglect of duty, or malfeasance in
29 office, after service on him, by registered United States
30 mail, return requested, of a copy of the written charges
31 against him and an opportunity to be publicly heard in person
HB0235 Enrolled -173- LRB9000879DJcd
1 or by counsel in his own defense upon not less than 10 days'
2 notice.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/4-25, in part)
5 Section 115-30. Bidders; civil action to compel
6 compliance. Sec. 4-25. Any bidder who has submitted a bid in
7 compliance with the requirements for bidding under this
8 Article may bring a civil action in the circuit court of
9 Jasper County in which the metropolitan area is located to
10 compel compliance with the provisions of this Article Act
11 relating to the awarding of contracts by the Board.
12 (Source: P.A. 84-245.)
13 Section 115-35. Standard civic center provisions
14 incorporated by reference. The following Sections of this
15 Code are incorporated by reference into this Article:
16 Section 2-3. Purpose.
17 Section 2-5. Definitions.
18 Section 2-10. Lawsuits; common seal.
19 Section 2-15. Duties; auditorium, recreational, and other
20 buildings; lease of space.
21 Section 2-20. Rights and powers, including eminent
22 domain.
23 Section 2-25. Incurring obligations.
24 Section 2-35. Acquisition of property from person,
25 State, or local agency.
26 Section 2-40. Federal money.
27 Section 2-45. Insurance.
28 Section 2-55. Bonds; nature of indebtedness.
29 Section 2-60. Investment in bonds.
30 Section 2-75. Board members; financial matters; conflict
31 of interest.
32 Section 2-80. Board members' oath.
HB0235 Enrolled -174- LRB9000879DJcd
1 Section 2-85. Board members; vacancy in office.
2 Section 2-90. Organization of the Board.
3 Section 2-95. Meetings; action by 5 Board members.
4 Section 2-100. Secretary; treasurer.
5 Section 2-105. Funds.
6 Section 2-110. Signatures on checks or drafts.
7 Section 2-115. General manager; other appointments.
8 Section 2-122. Rules and regulations; penalties.
9 Section 2-125. Contracts; award to other than highest or
10 lowest bidder by vote of 5 Board members.
11 Section 2-130. Bids and advertisements.
12 Section 2-135. Report and financial statement.
13 Section 2-140. State financial support.
14 Section 2-145. Anti-trust laws.
15 Section 2-150. Tax exemption.
16 ARTICLE 120.
17 JEFFERSON COUNTY CIVIC CENTER
18 (70 ILCS 280/1-2)
19 Section 120-1. Short title. Sec. 1-2. This Article 1
20 shall be known and may be cited as the Herrin and Jefferson
21 County Civic Center Law of 1997 Act.
22 (Source: P.A. 83-1451.)
23 (70 ILCS 280/1-3, in part)
24 Section 120-5. Definitions. Sec. 1-3. When used in this
25 Article Act:
26 "Authority" means the Herrin Metropolitan Exposition,
27 Auditorium and Office Building Authority or the Jefferson
28 County Metropolitan Exposition, Auditorium and Office
29 Building Authority, as the case may be.
30 "Board" means the governing and administrative body of
31 the Herrin Metropolitan Exposition, Auditorium and Office
HB0235 Enrolled -175- LRB9000879DJcd
1 Building Authority or the governing and administrative body
2 of the Jefferson County Metropolitan Exposition, Auditorium
3 and Office Building Authority, as the case may be.
4 "Metropolitan area" means all that territory in the State
5 of Illinois lying within the corporate boundaries of the City
6 of Herrin or of the County of Jefferson, as the case may be.
7 (Source: P.A. 83-1451.)
8 (70 ILCS 280/1-4, in part)
9 Section 120-10. Authority created; principal office. Sec.
10 1-4. There is are hereby created a 2 political subdivision
11 subdivisions, body politic politics and municipal corporation
12 corporations by the name names and style styles of the Herrin
13 Metropolitan Exposition, Auditorium and Office Building
14 Authority and the Jefferson County Metropolitan Exposition,
15 Auditorium and Office Building Authority in the their
16 respective metropolitan area areas. The principal office of
17 the Herrin Metropolitan Exposition, Auditorium and Office
18 Building Authority shall be in the City of Herrin and the
19 principal office of the Jefferson County Metropolitan
20 Exposition, Auditorium and Office Building Authority shall be
21 in the City of Mount Vernon.
22 (Source: P.A. 83-1451.)
23 (70 ILCS 280/1-14, in part)
24 Section 120-15. Board created. Sec. 1-14. The governing
25 and administrative body of the Authority shall be a board
26 consisting of 7 members and shall be known as the Herrin
27 Metropolitan Exposition Auditorium and Office Building Board
28 or the Jefferson County Metropolitan Exposition, Auditorium
29 and Office Building Board, as the case may be. The members of
30 the board shall be individuals of generally recognized
31 ability and integrity.
32 (Source: P.A. 83-1451.)
HB0235 Enrolled -176- LRB9000879DJcd
1 (70 ILCS 280/1-15, in part)
2 Section 120-20. Board members appointed. Sec. 1-15.
3 Within 60 days after January 1, 1984 (the effective date of
4 Article 1 of Public Act 83-911), this Act becomes effective
5 the Mayor of Herrin or Mount Vernon, as the case may be, with
6 the advice and consent of the Herrin or Mount Vernon City
7 Council, shall appoint 7 members of the Board, 2 members to
8 be appointed for a term of one year, 2 members to be
9 appointed for terms of 2 years, and 3 members to be appointed
10 for terms of 3 years, such terms commencing on the date each
11 is appointed. One of the members appointed may be a
12 representative from the Herrin or Mount Vernon City Council.
13 At the expiration of the term of any member, his successor
14 shall be appointed by the Mayor of Herrin or Mount Vernon in
15 a like manner. All successors shall hold office for a term
16 of 3 years from the date of appointment, except in case of an
17 appointment to fill a vacancy.
18 (Source: P.A. 83-911.)
19 Section 120-25. Standard civic center provisions
20 incorporated by reference. The following Sections of this
21 Code are incorporated by reference into this Article:
22 Section 2-3. Purpose.
23 Section 2-5. Definitions.
24 Section 2-10. Lawsuits; common seal.
25 Section 2-16. Duties; auditorium and other buildings;
26 lease of space.
27 Section 2-20. Rights and powers, including eminent
28 domain.
29 Section 2-25. Incurring obligations.
30 Section 2-30. Prompt payment.
31 Section 2-35. Acquisition of property from person,
32 State, or local agency.
33 Section 2-40. Federal money.
HB0235 Enrolled -177- LRB9000879DJcd
1 Section 2-45. Insurance.
2 Section 2-50. Borrowing; revenue bonds; suits to compel
3 performance.
4 Section 2-55. Bonds; nature of indebtedness.
5 Section 2-60. Investment in bonds.
6 Section 2-75. Board members; financial matters; conflict
7 of interest.
8 Section 2-80. Board members' oath.
9 Section 2-83. Removal of Board member from office.
10 Section 2-85. Board members; vacancy in office.
11 Section 2-90. Organization of the Board.
12 Section 2-96. Meetings; action by 4 Board members.
13 Section 2-100. Secretary; treasurer.
14 Section 2-105. Funds.
15 Section 2-110. Signatures on checks or drafts.
16 Section 2-115. General manager; other appointments.
17 Section 2-122. Rules and regulations; penalties.
18 Section 2-125. Contracts; award to other than highest or
19 lowest bidder by vote of 5 Board members.
20 Section 2-130. Bids and advertisements.
21 Section 2-132. Bidders; civil action to compel
22 compliance.
23 Section 2-135. Report and financial statement.
24 Section 2-140. State financial support.
25 Section 2-145. Anti-trust laws.
26 Section 2-150. Tax exemption.
27 ARTICLE 125.
28 JO DAVIESS COUNTY CIVIC CENTER
29 (70 ILCS 220/6-1)
30 Section 125-1. Short title. Sec. 6-1. This Article shall
31 be known and may be cited as the Jo Daviess County Civic
32 Center Law of 1997.
HB0235 Enrolled -178- LRB9000879DJcd
1 (Source: P.A. 84-245.)
2 (70 ILCS 220/6-2, in part)
3 Section 125-5. Definitions. Sec. 6-2. When used in this
4 Article:
5 "Authority" means the Jo Daviess County Civic Center
6 Authority.
7 "Board" means the governing and administrative body of
8 the Jo Daviess County Civic Center Authority.
9 "Metropolitan area" means all that territory in the State
10 of Illinois lying within Jo Daviess County.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/6-3, in part)
13 Section 125-10. Authority created; principal office. Sec.
14 6-3. There is hereby created a political subdivision, body
15 politic and municipal corporation by the name and style of
16 the Jo Daviess County Civic Center Authority in the
17 metropolitan area.
18 The principal office of the Authority shall be in Jo
19 Daviess County.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/6-5)
22 Section 125-15. Rights and powers. Sec. 6-5. The
23 Authority shall have the following rights and powers duties:
24 (a) To acquire, purchase, own, construct, lease as
25 lessee or in any other way acquire, improve, extend, repair,
26 reconstruct, regulate, operate, equip and maintain fair
27 expositions grounds, convention or exhibition centers, civic
28 auditoriums, and office and county buildings, including sites
29 and parking areas and facilities therefor located within the
30 metropolitan area.
31 (b) To enter into contracts treating in any manner with
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1 the objects and purposes of this Article Act.
2 (c) To plan for such grounds, centers and auditoriums
3 and to plan, sponsor, hold, arrange, and finance fairs,
4 industrial, cultural, educational, trade and scientific
5 exhibits, shows and events and to use or allow the use of
6 such grounds, centers and auditoriums for the holding of
7 fairs, exhibits, shows and events whether conducted by the
8 Authority or some other person or governmental agency.
9 (d) To exercise the right of eminent domain to acquire
10 sites for such grounds, centers, buildings and auditoriums,
11 and parking areas and facilities in the manner provided for
12 the exercise of the right of eminent domain under Article VII
13 of the Code of Civil Procedure, as amended.
14 (e) To fix and collect just, reasonable and
15 nondiscriminatory charges and rents for the use of such
16 parking areas and facilities, grounds, centers, buildings and
17 auditoriums and admission charges to fairs, shows, exhibits
18 and events sponsored or held by the Authority. The charges
19 collected may be made available to defray the reasonable
20 expenses of the Authority and to pay the principal of and the
21 interest on any bonds issued by the Authority.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/6-10)
24 Section 125-20. Borrowing; revenue bonds. Sec. 6-10. The
25 Authority shall have continuing power to borrow money for the
26 purpose of carrying out and performing its duties and
27 exercising its powers under this Article Act.
28 For the purpose of evidencing the obligation of the
29 Authority to repay any money borrowed as aforesaid, the
30 Authority may, pursuant to an ordinance adopted by the Board,
31 from time to time issue and dispose of its interest bearing
32 revenue bonds, and may also from time to time issue and
33 dispose of its interest bearing revenue bonds to refund any
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1 bonds at maturity or pursuant to redemption provisions or at
2 any time before maturity with the consent of the holders
3 thereof. All such bonds shall be payable solely from the
4 revenues or income to be derived from the fairs, expositions,
5 exhibitions, rentals and leases and other authorized
6 activities operated by it, and from funds, if any, received
7 and to be received by the Authority from any other source.
8 Such bonds may bear such date or dates, may mature at such
9 time or times not exceeding 40 years from their respective
10 dates, may bear interest at such rate or rates, not exceeding
11 the maximum rate authorized by the Bond Authorization Act, as
12 amended at the time of the making of the contract, may be in
13 such form, may carry such registration privileges, may be
14 executed in such manner, may be payable at such place or
15 places, may be made subject to redemption in such manner and
16 upon such terms, with or without premium as is stated on the
17 face thereof, may be executed in such manner and may contain
18 such terms and covenants, all as may be provided in said
19 ordinance. In case any officer whose signature appears on
20 any bond ceases (after attaching his signature) to hold
21 office,; his signature shall nevertheless be valid and
22 effective for all purposes. The holder or holders of any
23 bonds, or interest coupons appertaining thereto issued by the
24 Authority may bring mandamus, injunction, or other civil
25 actions or and proceedings to compel the performance and
26 observance by the Authority or any of its officers, agents or
27 employees of or any contract or covenant made by the
28 Authority with the holders of such bonds or interest coupons,
29 and to compel the Authority and any of its officers, agents
30 or employees to perform any duties required to be performed
31 for the benefit of the holders of any such bonds or interest
32 coupons by the provisions of the ordinance authorizing their
33 issuance, and to enjoin the Authority and any of its
34 officers, agents or employees from taking any action in
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1 conflict with any action in conflict with any such contract
2 or covenant.
3 Notwithstanding the form and tenor of any such bonds and
4 in the absence of any express recital on the face thereof
5 that it is nonnegotiable, all such bonds shall be negotiable
6 instruments under the Uniform Commercial Code of the State of
7 Illinois.
8 The bonds shall be sold by the corporate authorities of
9 the Authority in such manner as said corporate authorities
10 shall determine, except that if issued to bear interest at
11 the maximum rate authorized by the Bond Authorization Act, as
12 amended at the time of the making of the contract, the bonds
13 shall be sold for not less than par and accrued interest and
14 except that the selling price of bonds bearing interest at a
15 rate of less than the maximum rate authorized by the Bond
16 Authorization Act, as amended at the time of the making of
17 the contract, shall be such that the interest cost to the
18 Authority of the money received from the sale of bonds shall
19 not exceed the maximum rate authorized by the Bond
20 Authorization Act, as amended at the time of the making of
21 the contract, computed to absolute maturity of said bonds or
22 certificates according to standard tables of bond values.
23 From and after the issuance of any bonds as herein
24 provided it shall be the duty of the corporate authorities of
25 the Authority to fix and establish rates, charges, rents, and
26 fees for the use of facilities acquired, constructed,
27 reconstructed, extended or improved with the proceeds of the
28 sale of said bonds sufficient at all times, with other
29 revenues of the Authority to pay:
30 (a) the cost of maintaining, repairing, regulating and
31 operating the said facilities; and
32 (b) the bonds and interest thereon as they shall become
33 due, and all sinking fund requirements and other requirements
34 provided by the ordinance authorizing the issuance of the
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1 bonds or as provided by any trust agreement executed to
2 secure payment thereof.
3 To secure the payment of any or all of such bonds and for
4 the purpose of setting forth the covenants and undertakings
5 of the Authority in connection with the issuance thereof and
6 the issuance of any additional bonds payable from such
7 revenue income to be derived from the fairs, recreational,
8 theatrical, cultural, expositions, sport activities,
9 exhibitions, office rentals, and air space leases and
10 rentals, and other revenue, if any, the Authority may execute
11 and deliver a trust agreement or agreements; provided that no
12 lien upon any physical property of the Authority shall be
13 created thereby.
14 A remedy for any breach or default of the terms of any
15 such trust agreement by the Authority may be by mandamus,
16 injunction, or other civil actions or and proceedings in any
17 court of competent jurisdiction to compel performance and
18 compliance therewith, but the trust agreement may prescribe
19 by whom or on whose behalf such action may be instituted.
20 Before any such bonds (excepting refunding bonds) are
21 sold the entire authorized issue, or any part thereof, shall
22 be offered for sale as a unit after advertising for bids at
23 least 3 times in a daily newspaper of general circulation
24 published in the metropolitan area, the last publication to
25 be at least 10 days before bids are required to be filed.
26 Copies of such advertisement may be published in any
27 newspaper or financial publication in the United States. All
28 bids shall be sealed, filed and opened as provided by
29 ordinance and the bonds shall be awarded to the highest and
30 best bidder or bidders therefor. The Authority shall have the
31 right to reject all bids and readvertise for bids in the
32 manner provided for in the initial advertisement. However, if
33 no bids are received such bonds may be sold at not less than
34 par value, without further advertising, within 60 days after
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1 the bids are required to be filed pursuant to any
2 advertisement.
3 With respect to instruments for the payment of money
4 issued under this Section either before, on, or after the
5 effective date of this amendatory Act of 1989, it is and
6 always has been the intention of the General Assembly (i)
7 that the Omnibus Bond Acts are and always have been
8 supplementary grants of power to issue instruments in
9 accordance with the Omnibus Bond Acts, regardless of any
10 provision of this Article Act that may appear to be or to
11 have been more restrictive than those Acts, (ii) that the
12 provisions of this Section are not a limitation on the
13 supplementary authority granted by the Omnibus Bond Acts, and
14 (iii) that instruments issued under this Section within the
15 supplementary authority granted by the Omnibus Bond Acts are
16 not invalid because of any provision of this Article Act that
17 may appear to be or to have been more restrictive than those
18 Acts.
19 (Source: P.A. 86-4.)
20 (70 ILCS 220/6-11)
21 Section 125-22. Bonds; nature of indebtedness. Sec.
22 6-11. Under no circumstances shall any bonds issued by the
23 Authority under Section 125-20 6-10 be or become an
24 indebtedness or obligation of the State of Illinois or of any
25 other political subdivision of or municipality within the
26 State, nor shall any such bond or obligation be or become an
27 indebtedness of the Authority within the purview of any
28 constitutional limitation or provision, and it shall be
29 plainly stated on the face of each bond that it does not
30 constitute such an indebtedness or obligation but is payable
31 solely from the revenues or income as aforesaid.
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/6-13)
2 Section 125-25. Bonds other than revenue bonds; election.
3 Sec. 6-13. No bonds, other than revenue bonds issued pursuant
4 to Section 125-20 10, shall be issued by the Authority until
5 the proposition to issue the same has been submitted to and
6 approved by a majority of the voters of said metropolitan
7 area voting upon the proposition at a general election in
8 accordance with the general election law. The Authority may
9 by resolution order such proposition submitted at a regular
10 election in accordance with the general election law,
11 whereupon the recording officer shall certify the resolution
12 and the proposition to the proper election officials for
13 submission. Any proposition to issue bonds as herein set
14 forth shall be in substantially the following form:
15 -------------------------------------------------------------
16 Shall bonds of the "Jo Daviess
17 County Civic Center Authority" YES
18 to the amount of.... Dollars -------------------------
19 ($ ) be issued for the purpose NO
20 of....?
21 -------------------------------------------------------------
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/6-14) (from Ch. 85, par. 5014)
24 Section 125-30. Tax. Sec. 6-14. If a majority of the
25 voters of said metropolitan area approve the issuance of
26 bonds as provided in Section 125-25 6-13 of this Article, the
27 Authority shall have power to levy and collect annually a sum
28 sufficient to pay for the annual principal and interest
29 charges on such bonds.
30 Such taxes proposed by the Authority to be levied upon
31 the taxable property within the metropolitan area shall be
32 levied by ordinance. After the ordinance has been adopted it
33 shall, within 10 days after its passage, be published once in
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1 a newspaper published and having a general circulation within
2 the metropolitan area. A certified copy of such levy
3 ordinance shall be filed with the County Clerk no later than
4 the 3rd Tuesday in September in each year. Thereupon the
5 County Clerk shall extend such tax; provided the aggregate
6 amount of taxes levied for any one year shall not exceed the
7 rate of .0005% of the full fair cash value, as equalized or
8 assessed by the Department of Revenue.
9 (Source: P.A. 84-245.)
10 (70 ILCS 220/6-15, in part)
11 Section 125-35. Board created. Sec. 6-15. The governing
12 and administrative body of the Authority shall be a board
13 consisting of 9 members and shall be known as the Jo Daviess
14 County Civic Center Board. The members of the board shall be
15 individuals of generally recognized ability and integrity.
16 (Source: P.A. 84-245.)
17 (70 ILCS 220/6-16, in part)
18 Section 125-40. Board members appointed. Sec. 6-16.
19 Within 60 days after September 3, 1985 (the effective date of
20 Article 6 of Public Act 84-245), this Article becomes
21 effective the Jo Daviess County Board shall appoint 9 members
22 of the Jo Daviess County Civic Center Board Authority, 3
23 members to be appointed for terms of 1 year, 3 members to be
24 appointed for terms of 2 years, and 3 members to be appointed
25 for terms of 3 years, such terms commencing on the date each
26 is appointed. At the expiration of the term of any member,
27 his successor shall be appointed by the Jo Daviess County
28 Board in like manner. All successors shall hold office for a
29 term of 3 years from the date of appointment, except in case
30 of an appointment to fill a vacancy.
31 (Source: P.A. 84-245.)
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1 (70 ILCS 220/6-28)
2 Section 125-45. Report and financial statement. Sec.
3 6-28. As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested, upon request and a
9 copy thereof shall be filed with the County Clerk and the
10 County Board of Jo Daviess County.
11 (Source: P.A. 84-245.)
12 Section 125-50. Standard civic center provisions
13 incorporated by reference. The following Sections of this
14 Code are incorporated by reference into this Article:
15 Section 2-5. Definitions.
16 Section 2-10. Lawsuits; common seal.
17 Section 2-16. Duties; auditorium and other buildings;
18 lease of space.
19 Section 2-25. Incurring obligations.
20 Section 2-35. Acquisition of property from person,
21 State, or local agency.
22 Section 2-40. Federal money.
23 Section 2-45. Insurance.
24 Section 2-60. Investment in bonds.
25 Section 2-76. Board members; financial matters;
26 compensation for secretary or treasurer; conflict of
27 interest.
28 Section 2-80. Board members' oath.
29 Section 2-83. Removal of Board member from office.
30 Section 2-85. Board members; vacancy in office.
31 Section 2-90. Organization of the Board.
32 Section 2-95. Meetings; action by 5 Board members.
33 Section 2-101. Secretary; treasurer; funds deposited in
HB0235 Enrolled -187- LRB9000879DJcd
1 bank or savings and loan association.
2 Section 2-106. Funds; compliance with Public Funds
3 Investment Act.
4 Section 2-110. Signatures on checks or drafts.
5 Section 2-115. General manager; other appointments.
6 Section 2-120. Ordinances, rules, and regulations; fines
7 and penalties.
8 Section 2-127. Contracts; award to other than highest or
9 lowest bidder by four-fifths vote.
10 Section 2-130. Bids and advertisements.
11 Section 2-140. State financial support.
12 Section 2-145. Anti-trust laws.
13 Section 2-150. Tax exemption.
14 ARTICLE 130.
15 KATHERINE DUNHAM METROPOLITAN
16 EXPOSITION AND AUDITORIUM AUTHORITY
17 (70 ILCS 220/9-2)
18 Section 130-1. Short title. Sec. 9-2. This Article shall
19 be known and may be cited as the Katherine Dunham
20 Metropolitan Exposition and Auditorium Authority Law of 1997
21 Act.
22 (Source: P.A. 84-245.)
23 (70 ILCS 220/9-3, in part)
24 Section 130-5. Definitions. Sec. 9-3. When used in this
25 Article:
26 "Authority" means the Katherine Dunham Metropolitan
27 Exposition, Auditorium and Office Building Authority.
28 "Board" means the governing and administrative body of
29 the Katherine Dunham Metropolitan Exposition, Auditorium and
30 Office Building Authority.
31 "Metropolitan area" means all that territory in the State
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1 of Illinois lying within the corporate boundaries of the City
2 of East St. Louis.
3 (Source: P.A. 84-245.)
4 (70 ILCS 220/9-4, in part)
5 Section 130-10. Authority created; principal office. Sec.
6 9-4. There is hereby created a political subdivision, body
7 politic and municipal corporation by the name and style of
8 Katherine Dunham Metropolitan Exposition, Auditorium and
9 Office Building Authority in the metropolitan area.
10 The principal office of the Authority shall be in the
11 City of East St. Louis.
12 (Source: P.A. 84-245.)
13 (70 ILCS 220/9-14, in part)
14 Section 130-15. Board created. Sec. 9-14. The governing
15 and administrative body of the Authority shall be a board
16 consisting of 7 members and shall be known as the Katherine
17 Dunham Metropolitan Exposition Auditorium and Office Building
18 Board. The members of the board shall be individuals of
19 generally recognized ability and integrity.
20 (Source: P.A. 84-245.)
21 (70 ILCS 220/9-15, in part)
22 Section 130-20. Board members appointed. Sec. 9-15.
23 Within 60 days after September 3, 1985 (the effective date of
24 Article 9 of Public Act 84-245), this Act becomes effective
25 the Mayor of East St. Louis with the advice and consent of
26 the East St. Louis City Council shall appoint 7 members of
27 the Board, 2 members to be appointed for a term of one year,
28 2 members to be appointed for terms of 2 years, and 3 members
29 to be appointed for terms of 3 years, such terms commencing
30 on the date each is appointed. One of the members appointed
31 may be a representative from the East St. Louis City Council.
HB0235 Enrolled -189- LRB9000879DJcd
1 At the expiration of the term of any member, his successor
2 shall be appointed by the Mayor of East St. Louis in a like
3 manner. All successors shall hold office for a term of 3
4 years from the date of appointment, except in case of an
5 appointment to fill a vacancy.
6 (Source: P.A. 84-245.)
7 (70 ILCS 220/9-25, in part)
8 Section 130-25. Bidders; civil action to compel
9 compliance. Sec. 9-25. Any bidder who has submitted a bid in
10 compliance with the requirements for bidding under this
11 Article may bring a civil action in the circuit court in St.
12 Clair County to compel compliance with the provisions of this
13 Act relating to the awarding of contracts by the Board.
14 (Source: P.A. 84-245.)
15 Section 130-30. Standard civic center provisions
16 incorporated by reference. The following Sections of this
17 Code are incorporated by reference into this Article:
18 Section 2-3. Purpose.
19 Section 2-5. Definitions.
20 Section 2-10. Lawsuits; common seal.
21 Section 2-16. Duties; auditorium and other buildings;
22 lease of space.
23 Section 2-20. Rights and powers, including eminent
24 domain.
25 Section 2-25. Incurring obligations.
26 Section 2-35. Acquisition of property from person,
27 State, or local agency.
28 Section 2-40. Federal money.
29 Section 2-45. Insurance.
30 Section 2-50. Borrowing; revenue bonds; suits to compel
31 performance.
32 Section 2-55. Bonds; nature of indebtedness.
HB0235 Enrolled -190- LRB9000879DJcd
1 Section 2-60. Investment in bonds.
2 Section 2-75. Board members; financial matters; conflict
3 of interest.
4 Section 2-80. Board members' oath.
5 Section 2-83. Removal of Board member from office.
6 Section 2-85. Board members; vacancy in office.
7 Section 2-90. Organization of the Board.
8 Section 2-96. Meetings; action by 4 Board members.
9 Section 2-100. Secretary; treasurer.
10 Section 2-105. Funds.
11 Section 2-110. Signatures on checks or drafts.
12 Section 2-115. General manager; other appointments.
13 Section 2-122. Rules and regulations; penalties.
14 Section 2-125. Contracts; award to other than highest or
15 lowest bidder by vote of 5 Board members.
16 Section 2-130. Bids and advertisements.
17 Section 2-135. Report and financial statement.
18 Section 2-140. State financial support.
19 Section 2-145. Anti-trust laws.
20 Section 2-150. Tax exemption.
21 ARTICLE 135.
22 LAKE COUNTY METROPOLITAN
23 EXPOSITION AND AUDITORIUM AUTHORITY
24 (70 ILCS 290/2)
25 Section 135-1. Short title. Sec. 2. This Article Act
26 shall be known and may be cited as the Lake County and Will
27 County Metropolitan Exposition and Auditorium Authority Law
28 of 1997 Act.
29 (Source: P.A. 86-1414.)
30 (70 ILCS 290/3, in part)
31 Section 135-5. Definitions. Sec. 3. When used in this
HB0235 Enrolled -191- LRB9000879DJcd
1 Article Act:
2 "Authority" means the Lake County Metropolitan Exposition
3 and Auditorium Authority or the Will County Metropolitan
4 Exposition and Auditorium Authority, as the case may be.
5 "Board" means the governing and administrative body of
6 the Lake County Metropolitan Exposition and Auditorium
7 Authority or the governing and administrative body of the
8 Will County Metropolitan Exposition and Auditorium Authority,
9 as the case may be.
10 "Governor" means the Governor of the State of Illinois.
11 "Metropolitan area" means all that territory in the State
12 of Illinois lying within the corporate boundaries of the
13 County of Lake, except that area within the City of Waukegan,
14 or of the County of Will, as the case may be.
15 (Source: P.A. 86-1414.)
16 (70 ILCS 290/4, in part)
17 Section 135-10. Authority created; principal office. Sec.
18 4. There is hereby created a unit 2 units of local government
19 known as the Lake County Metropolitan Exposition and
20 Auditorium Authority and the Will County Metropolitan
21 Exposition and Auditorium Authority in the their respective
22 metropolitan area areas.
23 The principal office of the Authority shall be in the
24 County of Lake or the County of Will, as the case may be.
25 (Source: P.A. 86-1441.)
26 (70 ILCS 290/5)
27 Section 135-15. Duties. Sec. 5. It shall be the duty of
28 the Authority to promote, operate and maintain expositions
29 and conventions from time to time in the metropolitan area
30 and in connection therewith to arrange, finance and maintain
31 industrial, cultural, educational, theatrical, sports, trade
32 and scientific exhibits and to construct, equip and maintain
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1 auditoriums and exposition buildings for such purposes. The
2 Authority is granted all rights and powers necessary to
3 perform such duties.
4 (Source: P.A. 80-909.)
5 (70 ILCS 290/6)
6 Section 135-20. Rights and powers. Sec. 6. The Authority
7 shall have the following rights and powers:
8 (a) To purchase, own, construct, lease as lessee or in
9 any other way acquire, improve, extend, repair, reconstruct,
10 regulate, operate, equip and maintain fair and expositions
11 grounds, convention or exhibition centers, civic auditoriums,
12 including sites and parking areas and facilities therefor
13 located within the metropolitan area and office buildings, if
14 such buildings are acquired as part of the main auditorium
15 complex;
16 (b) To plan for such grounds, centers and auditoriums
17 and to plan, sponsor, hold, arrange and finance fairs,
18 industrial, cultural, educational, theatrical, sports, trade
19 and scientific exhibits, shows and events and to use or allow
20 the use of such grounds, centers and auditoriums for the
21 holding of fairs, exhibits, shows and events whether
22 conducted by the Authority or some other person or
23 governmental agency;
24 (c) To exercise the right of eminent domain to acquire
25 sites for such grounds, centers and auditoriums, and parking
26 areas and facilities in the manner provided for the exercise
27 of the right of eminent domain under Article VII of the Code
28 of Civil Procedure, as amended;
29 (d) To fix and collect just, reasonable and
30 nondiscriminatory charges for the use of such parking areas
31 and facilities, grounds, centers and auditoriums and
32 admission charges to fairs, shows, exhibits and events
33 sponsored or held by the Authority. The charges collected
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1 may be made available to defray the reasonable expenses of
2 the Authority and to pay the principal of and the interest on
3 any bonds issued by the Authority;
4 (e) To enter into contracts treating any manner with the
5 objects and purposes of this Article Act.
6 (Source: P.A. 82-783.)
7 (70 ILCS 290/9)
8 Section 135-25. Federal money. Sec. 9. The Authority
9 shall have the power to apply for and accept grants, loans or
10 appropriations from the federal government or any agency or
11 instrumentality thereof to be used for any of the purposes of
12 the Authority and to enter into any agreement with the
13 federal government in relation to such grants, loans or
14 appropriations.
15 (Source: P.A. 80-909.)
16 (70 ILCS 290/11)
17 Section 135-30. Borrowing; revenue bonds. Sec. 11. The
18 Authority shall have the continuing power to borrow money for
19 the purpose of carrying out and performing its duties and
20 exercising its rights and powers under this Article Act.
21 For the purpose of evidencing the obligation of the
22 Authority to repay any money borrowed as aforesaid, the
23 Authority may, pursuant to an ordinance adopted by the Board,
24 from time to time issue and dispose of its interest bearing
25 revenue bonds, and may also from time to time issue and
26 dispose of its interest bearing revenue bonds to refund any
27 of its interest bearing revenue bonds or its general
28 obligation bonds at maturity or pursuant to redemption
29 provisions or at any time before maturity with the consent of
30 the holders thereof. All such interest bearing revenue bonds
31 of the Authority shall be payable solely from such of the
32 revenues or income to be derived from the fairs, exhibits,
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1 shows and events and other authorized activities operated by
2 it, the charges made for the use of its facilities and the
3 funds, if any, received and to be received by the Authority
4 from any other source as are pledged by the ordinance
5 authorizing the bonds. Such bonds may bear such date or
6 dates, may mature at such time or times not exceeding forty
7 years from their respective dates, may bear interest at such
8 rate or rates, not exceeding the greater of (i) the maximum
9 rate authorized by the Bond Authorization Act, as amended at
10 the time of the making of the contract, or (ii) 8% per annum
11 payable semi-annually, may be in such form, may carry such
12 registration privileges, may be payable at such place or
13 places, may be made subject to redemption in such manner and
14 upon such terms, with or without premium as is stated on the
15 face thereof, may be executed in such manner and may contain
16 such terms and covenants, all as may be provided in said
17 ordinance. In case any officer whose signature appears on
18 any bond ceases (after attaching his signature) to hold
19 office, his signature shall nevertheless be valid and
20 effective for all purposes. The holder or holders of any
21 bonds, or interest coupons appertaining thereto issued by the
22 Authority may bring suits at law or proceedings in equity to
23 compel the performance and observance by the Authority or any
24 of its officers, agents or employees of any contract or
25 covenant made by the Authority with the holders of such bonds
26 or interest coupons, and to compel the Authority and any of
27 its officers, agents or employees to perform any duties
28 required to be performed for the benefit of the holders of
29 any such bonds or interest coupons by the provisions of the
30 ordinance authorizing their issuance, and to enjoin the
31 Authority and any of its officers, agents or employees from
32 taking any action in conflict with any such contract or
33 covenant.
34 Notwithstanding the form and tenor of any such bonds and
HB0235 Enrolled -195- LRB9000879DJcd
1 in the absence of any express recital on the face thereof
2 that it is non-negotiable, all such bonds shall be negotiable
3 instruments under the law of the State of Illinois.
4 The bonds shall be sold by the corporate authorities of
5 the Authority in such manner as said corporate authorities
6 shall determine, except that if issued to bear interest at
7 the greater of (i) the maximum rate authorized by the Bond
8 Authorization Act, as amended at the time of the making of
9 the contract, or (ii) the rate of 8% per annum, the bonds
10 shall be sold for not less than par and accrued interest and
11 except that the selling price of bonds bearing interest at a
12 rate of less than the greater of (i) the maximum rate
13 authorized by the Bond Authorization Act, as amended at the
14 time of the making of the contract, or (ii) 8% per annum
15 shall be such that the interest cost to the Authority of the
16 money received from the sale of the bonds shall not exceed
17 the greater of (i) the maximum rate authorized by the Bond
18 Authorization Act, as amended at the time of the making of
19 the contract, or (ii) 8% annually computed to absolute
20 maturity of said bonds according to standard tables of bond
21 values.
22 From and after the issuance of any bonds as herein
23 provided it shall be the duty of the corporate authorities of
24 the Authority to fix and establish rates, charges, rents and
25 fees for the use of facilities acquired, constructed,
26 reconstructed, extended or improved with the proceeds of the
27 sale of said bonds sufficient at all times, with other
28 revenues of the Authority so pledged to pay:
29 (a) the cost of maintaining, repairing, regulating and
30 operating the said facilities; and
31 (b) the bonds and interest thereon as they shall become
32 due, and all sinking fund requirements and other requirements
33 provided by the ordinance authorizing the issuance of the
34 bonds or as provided by any trust agreement executed to
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1 secure payment thereof.
2 To secure the payment of any or all of such bonds and for
3 the purpose of setting forth the covenants and undertaking of
4 the Authority in connection with the issuance thereof and the
5 issuance of any additional bonds payable from such revenue
6 income to be derived from the fairs, exhibits, shows and
7 events and from charges made for the use of its facilities or
8 for admissions to its events, or from other revenue, if any,
9 the Authority may execute and deliver a trust agreement or
10 agreements; provided that no lien upon any physical property
11 of the Authority shall be created thereby.
12 A remedy for any breach or default of the terms of any
13 such trust agreement by the Authority may be had by mandamus
14 proceedings in any Court of competent jurisdiction to compel
15 performance and compliance therewith, but the trust agreement
16 may prescribe by whom or on whose behalf such action may be
17 instituted.
18 Before any such revenue bonds (excepting refunding bonds)
19 are sold the entire authorized issue, or any part thereof,
20 shall be offered for sale as a unit after advertising for
21 bids at least 3 times in a daily newspaper of general
22 circulation published in the metropolitan area, the last
23 publication to be at least 10 days before bids are required
24 to be filed. Copies of such advertisement may be published
25 in any newspaper or financial publication in the United
26 States. All bids shall be sealed, filed and opened as
27 provided by ordinance and the bonds shall be awarded to the
28 highest and best bidder or bidders therefor. The Authority
29 shall have the right to reject all bids and readvertise for
30 bids in the manner provided for in the initial advertisement.
31 However, if no bids are received such bonds may be sold at
32 not less than par value, without further advertising, within
33 60 days after the bids are required to be filed pursuant to
34 any advertisement.
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1 With respect to instruments for the payment of money
2 issued under this Section either before, on, or after the
3 effective date of Public Act 86-4 this amendatory Act of
4 1989, it is and always has been the intention of the General
5 Assembly (i) that the Omnibus Bond Acts are and always have
6 been supplementary grants of power to issue instruments in
7 accordance with the Omnibus Bond Acts, regardless of any
8 provision of this Article Act that may appear to be or to
9 have been more restrictive than those Acts, (ii) that the
10 provisions of this Section are not a limitation on the
11 supplementary authority granted by the Omnibus Bond Acts, and
12 (iii) that instruments issued under this Section within the
13 supplementary authority granted by the Omnibus Bond Acts are
14 not invalid because of any provision of this Article Act that
15 may appear to be or to have been more restrictive than those
16 Acts.
17 (Source: P.A. 86-4.)
18 (70 ILCS 290/12)
19 Section 135-35. Bonds; nature of indebtedness. Sec. 12.
20 Under no circumstances shall any bonds issued by the
21 Authority under Section 135-30 11 of this Act be or become an
22 indebtedness or obligation of the State of Illinois or of any
23 other political subdivision of or municipality within the
24 State, nor shall any such bond be or become an indebtedness
25 of the Authority within the purview of any constitutional
26 limitation or provision, and it shall be plainly stated on
27 the face of each such bond that it does not constitute such
28 an indebtedness or obligation but is payable solely from the
29 revenues or income as aforesaid.
30 (Source: P.A. 80-909.)
31 (70 ILCS 290/14)
32 Section 135-40. General obligation bonds. Sec. 14. The
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1 Authority may borrow money for the purpose of carrying out
2 its duties and exercising its powers under this Article Act,
3 and issue its general obligation bonds as evidence of the
4 indebtedness incurred. In addition to other purposes, such
5 bonds may be issued for the purpose of refunding outstanding
6 general obligation or revenue bonds of the Authority. Such
7 general obligation bonds shall be in the form, shall mature
8 at the time (no later than 40 years from the date of
9 issuance), shall bear interest at the rates (not to exceed
10 the greater of (i) the maximum rate authorized by the Bond
11 Authorization Act, as amended at the time of the making of
12 the contract, or (ii) 8% per annum), shall be executed by the
13 officers and shall be sold in the manner as the Board shall
14 determine; except that if issued to bear interest at the
15 greater of (i) the maximum rate authorized by the Bond
16 Authorization Act, as amended at the time of the making of
17 the contract, or (ii) the rate of 8% per annum, the bonds
18 shall be sold for not less than par and accrued interest, and
19 that the selling prices of bonds bearing interest at a rate
20 of less than the greater of (i) the maximum rate authorized
21 by the Bond Authorization Act, as amended at the time of the
22 making of the contract, or (ii) 8% per annum shall be such
23 that the interest cost to the Authority of the money received
24 from the sale of the bonds shall not exceed the greater of
25 (i) the maximum rate authorized by the Bond Authorization
26 Act, as amended at the time of the making of the contract, or
27 (ii) 8% annually computed to absolute maturity of the bonds
28 in accordance with standard tables of bond values. In case
29 any officer whose signature appears on any bond ceases, after
30 affixing his signature, to hold office, his signature shall
31 nevertheless be valid and effective for all purposes.
32 With respect to instruments for the payment of money
33 issued under this Section either before, on, or after the
34 effective date of Public Act 86-4 this amendatory Act of
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1 1989, it is and always has been the intention of the General
2 Assembly (i) that the Omnibus Bond Acts are and always have
3 been supplementary grants of power to issue instruments in
4 accordance with the Omnibus Bond Acts, regardless of any
5 provision of this Article Act that may appear to be or to
6 have been more restrictive than those Acts, (ii) that the
7 provisions of this Section are not a limitation on the
8 supplementary authority granted by the Omnibus Bond Acts, and
9 (iii) that instruments issued under this Section within the
10 supplementary authority granted by the Omnibus Bond Acts are
11 not invalid because of any provision of this Article Act that
12 may appear to be or to have been more restrictive than those
13 Acts.
14 (Source: P.A. 86-4.)
15 (70 ILCS 290/15)
16 Section 135-45. G.O. bonds; election. Sec. 15. General
17 obligation bonds of the Authority, shall not be issued until
18 the proposition to issue the same has been submitted to and
19 approved by a majority of the voters of the metropolitan area
20 voting upon the proposition at an election in accordance with
21 the general election law. Any such proposition shall be in
22 substantially the following form:
23 -------------------------------------------------------------
24 Shall bonds of the "Lake County
25 (or Will County, as the case may be) YES
26 Metropolitan Exposition and Auditorium Authority" -------
27 in the amount of ....... Dollars ($ ) be issued NO
28 for the purpose of ?
29 -------------------------------------------------------------
30 (Source: P.A. 86-1414.)
31 (70 ILCS 290/16)
32 Section 135-50. Conduct of election; canvass of returns.
HB0235 Enrolled -200- LRB9000879DJcd
1 Sec. 16. Any referendum required under Sections 135-40 and
2 135-45 14 or 15 of this Act shall be certified by the Board
3 to the proper election officials, who shall conduct the
4 referendum in accordance with the general election law. The
5 returns shall be filed with the secretary of the Board and
6 shall be canvassed and the results ascertained by the Board
7 and entered upon the records of the Authority.
8 (Source: P.A. 81-1489.)
9 (70 ILCS 290/17, in part)
10 Section 135-55. Board created. Sec. 17. The governing and
11 administrative body of the Authority shall be a board
12 consisting of 7 members and shall be known as the Lake County
13 Metropolitan Exposition and Auditorium Authority Board or the
14 Will County Exposition and Auditorium Authority Board, as the
15 case may be.
16 (Source: P.A. 86-1414.)
17 (70 ILCS 290/18, in part)
18 Section 135-60. Board members appointed. Sec. 18. Within
19 60 days after September 22, 1977 (the effective date of
20 Public Act 80-909) of the effective date of this Act, the
21 Governor, with the advice and consent of the Senate, shall
22 appoint 3 members to the each Board, one to serve an initial
23 term expiring December 1, 1979, and 2 to serve initial terms
24 expiring December 1, 1981; and the Mayor of Waukegan, or
25 Joliet, as the case may be, with the advice and consent of
26 the respective city council, shall appoint 4 members to the
27 Board, 3 to serve initial terms expiring December 1, 1979,
28 and one to serve an initial term expiring December 1, 1981.
29 Thereafter all terms shall be for 5 years. Vacancies shall
30 be filled in the same manner as the original appointment,
31 except as otherwise provided in this Section. When a term
32 expires, the same appointing authority shall make the
HB0235 Enrolled -201- LRB9000879DJcd
1 appointment for the next term. Members shall serve until
2 their successors are appointed and qualified. When the
3 appointments are final, the Governor, the Mayor, or the
4 chairman of the county board, as the case may be, shall
5 certify the appointees to the Secretary of State.
6 On September 11, 1990 (the effective date of Article 4 of
7 Public Act 86-1414) Upon the effective date of this
8 amendatory Act of 1990, the terms of all members of the Lake
9 County Metropolitan Exposition and Auditorium Authority Board
10 that were appointed by the Mayor of Waukegan shall end, and
11 the vacancies of those members shall thereafter be filled by
12 appointment by the chairman of the county board of Lake
13 County, with the advice and consent of the county board of
14 Lake County. Upon and after September 11, 1990 the effective
15 date of this amendatory Act of 1990, all members, by whomever
16 appointed, of the Lake County Metropolitan Exposition and
17 Auditorium Authority Board shall be residents of Lake County
18 outside the City of Waukegan.
19 (Source: P.A. 86-1414.)
20 (70 ILCS 290/19)
21 Section 135-65. Organization of Board. Sec. 19. As soon
22 as practicably possible after the appointment of the initial
23 members and, thereafter, within 15 days of each election of
24 members, the Board shall organize for the transaction of
25 business, select a chairman, vice-chairman, and a temporary
26 secretary from its own number, and adopt by-laws and
27 regulations to govern its proceedings. The initial chairman
28 and his successors shall be elected by the Board from time to
29 time for the term of his office as a member of the Board.
30 (Source: P.A. 80-909.)
31 (70 ILCS 290/20)
32 Section 135-70. Meetings; approval of ordinances and
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1 resolutions by chairman; public records. Sec. 20. Regular
2 meetings of the Board shall be held at least once in each
3 calendar month, the time and place of such meetings to be
4 fixed by the Board. Five members of the Board shall
5 constitute a quorum for the transaction of business. All
6 action of the Board shall be by ordinance or resolution and
7 the affirmative vote of at least 4 members shall be necessary
8 for the adoption of any ordinance or resolution.
9 All such ordinances and resolutions before taking effect
10 shall be approved by the chairman of the Board, and if he
11 shall approve thereof he shall sign the same, and such as he
12 shall not approve he shall return to the Board with his
13 objections thereto in writing at the next regular meeting of
14 the Board occurring after the passage thereof. But in case
15 the chairman shall fail to return any ordinance or resolution
16 with his objections thereto by the time aforesaid, he shall
17 be deemed to have approved the same and it shall take effect
18 accordingly. Upon the return of any ordinance or resolution
19 by the chairman with his objections, the vote by which the
20 same was passed shall be reconsidered by the Board, and if
21 upon such reconsideration said ordinance or resolution is
22 passed by the affirmative vote of at least 4 members, it
23 shall go into effect notwithstanding the veto of the
24 chairman.
25 All ordinances, resolutions and all proceedings of the
26 Authority and all documents and records in its possession
27 shall be public records, and open to public inspection,
28 except such documents and records as shall be kept or
29 prepared by the Board for use in negotiations, actions action
30 or proceedings to which the Authority is a party.
31 (Source: P.A. 82-349.)
32 (70 ILCS 290/22)
33 Section 135-75. Funds; compliance with Public Funds
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1 Investment Act. Sec. 22. All funds deposited by the treasurer
2 in any bank or savings and loan association shall be placed
3 in the name of the Authority and shall be withdrawn or paid
4 out only by check or draft upon the bank or savings and loan
5 association, signed by the chairman, vice-chairman, secretary
6 or treasurer and countersigned by one of the same officers,
7 but no one officer shall both sign and countersign a check or
8 draft. The Board may designate any of its members or any
9 officer or employee of the Authority to affix the signature
10 of the chairman and another to affix the signature of the
11 treasurer to any check or draft for payment of salaries or
12 wages and for payment of any other obligation of not more
13 than $2,500.
14 No bank or savings and loan association shall receive
15 public funds as permitted by this Section, unless it has
16 complied with the requirements established pursuant to
17 Section 6 of the Public Funds Investment Act "An Act relating
18 to certain investments of public funds by public agencies",
19 approved July 23, 1943, as now or hereafter amended.
20 (Source: P.A. 83-541.)
21 (70 ILCS 290/26)
22 Section 135-80. Contracts; bidding. Sec. 26. All
23 contracts for the sale of property of the value of more than
24 $2500 or for any concession in or lease of property of the
25 Authority for a term of more than one year shall be awarded
26 to the highest responsible bidder, after advertising for
27 bids. All construction contracts and contracts for supplies,
28 materials, equipment and services, when the expense thereof
29 will exceed $2500, shall be let to the lowest responsible
30 bidder, after advertising for bids excepting (1) when repair
31 parts, accessories, equipment or services are required for
32 equipment or services previously furnished or contracted for;
33 (2) when the nature of the services required is such that
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1 competitive bidding is not in the best interest of the
2 public, including, without limiting the generality of the
3 foregoing, the services of accountants, architects,
4 attorneys, engineers, physicians, superintendents of
5 construction, and others possessing a high degree of skill;
6 and (3) when services such as water, light, heat, power,
7 telephone or telegraph are required.
8 All contracts involving less than $2500 shall be let by
9 competitive bidding whenever possible, and in any event in a
10 manner calculated to ensure insure the best interests of the
11 public.
12 Competitive bidding is not required for the lease of real
13 estate or buildings owned or controlled by the Authority on
14 July 13, 1982 (the effective date of Public Act 82-786) the
15 effective date of this Amendatory Act. The Board is empowered
16 to offer such leases upon such terms as it deems advisable.
17 In determining the responsibility of any bidder, the
18 Board may take into account the past record of dealings with
19 the bidder, the bidder's experience, adequacy of equipment,
20 and ability to complete performance within the time set, and
21 other factors besides financial responsibility, but in no
22 case shall any such contracts be awarded to any other than
23 the highest bidder (in case of sale, concession or lease) or
24 the lowest bidder (in case of purchase or expenditure) unless
25 authorized or approved by a vote of at least three-fourths of
26 the members of the Board, and unless such action is
27 accompanied by a statement in writing setting forth the
28 reasons for not awarding the contract to the highest or
29 lowest bidder, as the case may be, which statement shall be
30 kept on file in the principal office of the Authority and
31 open to public inspection.
32 From the group of responsible bidders the lowest bidder
33 shall be selected in the following manner: to all bids for
34 sales the gross receipts of which are not taxable under the
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1 "Retailers' Occupation Tax Act", approved June 28, 1933, as
2 amended, there shall be added an amount equal to the tax
3 which would be payable under said Act, if applicable, and the
4 lowest in amount of said adjusted bids and bids for sales the
5 gross receipts of which are taxable under said Act shall be
6 considered the lowest bid; provided, that, if said lowest bid
7 relates to a sale not taxable under said Act, any contract
8 entered into thereon shall be in the amount of the original
9 bid not adjusted as aforesaid.
10 Contracts shall not be split into parts involving
11 expenditures of less than $2500 for the purposes of avoiding
12 the provisions of this Section, and all such split contracts
13 shall be void. If any collusion occurs among bidders or
14 prospective bidders in restraint of freedom of competition,
15 by agreement to bid a fixed amount or to refrain from bidding
16 or otherwise, the bids of such bidders shall be void. Each
17 bidder shall accompany his bid with a sworn statement that he
18 has not been a party to any such agreement.
19 Members of the Board, officers and employees of the
20 Authority, and their relatives within the fourth degree of
21 consanguinity by the terms of the civil law, are forbidden to
22 be interested directly or indirectly in any contract for
23 construction of maintenance work or for the delivery of
24 materials, supplies or equipment.
25 The Board shall have the right to reject all bids and to
26 readvertise for bids. If after any such advertisement no
27 responsible and satisfactory bid, within the terms of the
28 advertisement, shall be received, the Board may award such
29 contract, without competitive bidding, provided that it shall
30 not be less advantageous to the Authority than any valid bid
31 received pursuant to advertisement.
32 The Board shall adopt rules and regulations to carry into
33 effect the provisions of this Section.
34 (Source: P.A. 82-786.)
HB0235 Enrolled -206- LRB9000879DJcd
1 (70 ILCS 290/28)
2 Section 135-85. Report and financial statement. Sec. 28.
3 As soon after the end of each fiscal year as may be
4 expedient, the Board shall cause to be prepared and printed a
5 complete and detailed report and financial statement of its
6 operations and of its assets and liabilities. A reasonably
7 sufficient number of copies of such report shall be printed
8 for distribution to persons interested, upon request.
9 (Source: P.A. 80-909.)
10 Section 135-90. Standard civic center provisions
11 incorporated by reference. The following Sections of this
12 Code are incorporated by reference into this Article:
13 Section 2-3. Purpose.
14 Section 2-5. Definitions.
15 Section 2-10. Lawsuits; common seal.
16 Section 2-25. Incurring obligations.
17 Section 2-30. Prompt payment.
18 Section 2-35. Acquisition of property from person,
19 State, or local agency.
20 Section 2-45. Insurance.
21 Section 2-60. Investment in bonds.
22 Section 2-76. Board members; financial matters;
23 compensation for secretary or treasurer; conflict of
24 interest.
25 Section 2-80. Board members' oath.
26 Section 2-101. Secretary; treasurer; funds deposited in
27 bank or savings and loan association.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-115. General manager; other appointments.
30 Section 2-120. Ordinances, rules, and regulations; fines
31 and penalties.
32 Section 2-130. Bids and advertisements.
33 Section 2-132. Bidders; civil action to compel
HB0235 Enrolled -207- LRB9000879DJcd
1 compliance.
2 Section 2-140. State financial support.
3 Section 2-145. Anti-trust laws.
4 Section 2-150. Tax exemption.
5 ARTICLE 140.
6 LEYDEN TOWNSHIP
7 SPACE NEEDS AUTHORITY
8 (70 ILCS 300/1)
9 Section 140-1. Sec. 1. Short title. This Article Act may
10 be cited as the Leyden Township Space Needs Law of 1997.
11 (Source: P.A. 87-716.)
12 (70 ILCS 300/5)
13 Section 140-5. Sec. 5. Purpose. The purpose of this
14 Article Act is to provide a mechanism for the efficient
15 planning, construction and utilization of facilities in
16 Leyden Township.
17 (Source: P.A. 87-716.)
18 (70 ILCS 300/10, in part)
19 Section 140-10. Sec. 10. Definitions. In this Article
20 Act:
21 "Authority" means the Leyden Township Space Needs
22 Authority.
23 "Facilities" means offices, meeting rooms, space for
24 child care, food, senior citizen and health care services,
25 and parking lots and access roads.
26 "Board" means the governing and administrative body of
27 the Leyden Township Space Needs Authority.
28 "Metropolitan area" means all that territory in the State
29 of Illinois lying within the corporate boundaries of Leyden
30 Township in Cook County.
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1 (Source: P.A. 87-716.)
2 (70 ILCS 300/15, in part)
3 Section 140-15. Sec. 15. Creation of Authority.
4 (a) The Leyden Township Space Needs Authority is created
5 as a political subdivision, body politic, and municipal
6 corporation in the metropolitan area.
7 (b) The principal office of the Authority shall be in
8 Leyden Township.
9 (Source: P.A. 87-716.)
10 (70 ILCS 300/20)
11 Section 140-20. Sec. 20. Duties. The Authority shall plan
12 for, promote, operate, and maintain facilities from time to
13 time in the metropolitan area. In connection with its
14 duties, the Authority shall arrange, finance, and maintain
15 facilities for those purposes. Providing office space for
16 lease and rental is an integral function of the Authority.
17 The Authority is granted all rights and powers necessary to
18 perform its duties.
19 (Source: P.A. 87-716.)
20 (70 ILCS 300/25)
21 Section 140-25. Sec. 25. Powers. The Authority has the
22 following powers:
23 (a) To acquire, purchase, own, construct, lease as
24 lessee, or in any other way acquire, improve, extend, repair,
25 reconstruct, regulate, operate, equip, and maintain
26 facilities, including sites, parking areas, and commercial
27 facilities for those structures, located within the
28 metropolitan area.
29 (b) To plan for grounds and buildings; to plan, sponsor,
30 hold, arrange, and finance cultural, educational, trade, and
31 scientific exhibits, shows, and events; and to use or allow
HB0235 Enrolled -209- LRB9000879DJcd
1 the use of those grounds and buildings for the holding of
2 fairs, exhibits, shows, and events, whether conducted by the
3 Authority or some other person or governmental agency.
4 (c) To fix and collect just, reasonable, and
5 nondiscriminatory (i) charges and rents for the use of its
6 parking areas and facilities, and (ii) admission charges to
7 fairs, shows, exhibits, and events sponsored or held by the
8 Authority. The charges collected may be made available to
9 defray the reasonable expenses of the Authority.
10 (d) To enter into contracts treating in any manner with
11 the objects and purposes of this Article Act.
12 (Source: P.A. 87-716.)
13 (70 ILCS 300/35)
14 Section 140-30. Sec. 35. Acquisition of property. The
15 Authority has the power (i) to acquire and accept by
16 purchase, lease, gift, or otherwise any property or rights
17 from any person or persons or from any governmental agency,
18 useful for its purposes, (ii) to apply for and accept grants,
19 matching grants, loans, or appropriations from any
20 governmental agency to be used for any of the purposes of the
21 Authority, and (iii) to enter into any agreement with a
22 governmental agency in relation to those grants, matching
23 grants, loans, or appropriations.
24 (Source: P.A. 87-716.)
25 (70 ILCS 300/50, in part)
26 Section 140-35. Sec. 50. Creation of the Board. The
27 governing and administrative body of the Authority shall be a
28 board consisting of 9 members and shall be known as the
29 Leyden Township Space Needs Authority Board. The members of
30 the Board shall be individuals of generally recognized
31 ability and integrity. The Supervisor of Leyden Township and
32 the members of the Leyden Township Board of Trustees may be
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1 appointed members of the Board.
2 (Source: P.A. 87-716; 87-1181.)
3 (70 ILCS 300/55, in part)
4 Section 140-40. Sec. 55. Members of the Board. Within
5 60 days after January 1, 1992 (the effective date of Public
6 Act 87-716) this Act becomes effective, the supervisor of
7 Leyden Township, with the advice and consent of the Leyden
8 Township board of trustees, shall appoint 3 members of the
9 Board for initial terms expiring December 31, 1992; 3 members
10 for initial terms expiring December 31, 1993; and 3 members
11 for initial terms expiring December 31, 1994. The successors
12 of the initial members shall be appointed in like manner for
13 3 year terms from the date of appointment, except in case of
14 an appointment to fill a vacancy for an unexpired term.
15 (Source: P.A. 87-716.)
16 (70 ILCS 300/60, in part)
17 Section 140-45. Removal of Board members. Sec. 60.
18 Vacancy in office. The supervisor of Leyden Township, with
19 the advice and consent of the Leyden Township board of
20 trustees, may remove any member of the Board in case of
21 incompetency, neglect of duty, or malfeasance in office,
22 after service on the member, by registered United States
23 mail, return receipt requested, of a copy of the written
24 charges against the member and after an opportunity to be
25 publicly heard in person or by counsel in his or her own
26 defense upon being notified not less than 10 days before the
27 hearing.
28 (Source: P.A. 87-716.)
29 (70 ILCS 300/100)
30 Section 140-50. Sec. 100. Contracts.
31 (a) All contracts for the sale of property of a value of
HB0235 Enrolled -211- LRB9000879DJcd
1 more than $2,500 or for a concession in or lease of property,
2 including air rights, of the Authority for a term of more
3 than one year shall be awarded to the highest responsible
4 bidder after advertising for bids. All construction
5 contracts and contracts for supplies, materials, equipment,
6 and services, when the expense will exceed $2,500, shall be
7 let to the lowest responsible bidder after advertising for
8 bids, except (i) when repair parts, accessories, equipment,
9 or services are required for equipment or services previously
10 furnished or contracted for, (ii) when the nature of the
11 services required is such that competitive bidding is not in
12 the best interest of the public, including without limitation
13 the services of accountants, architects, attorneys,
14 engineers, physicians, superintendents of construction, and
15 others possessing a high degree of skill, and (iii) when
16 services such as water, light, heat, power, telephone, or
17 telegraph are required.
18 (b) All contracts involving less than $2,500 shall be
19 let by competitive bidding to the lowest responsible bidder
20 whenever possible and, in any event, in a manner calculated
21 to ensure insure the best interests of the public.
22 Competitive bidding is not required for the lease of real
23 estate or buildings owned or controlled by the Authority.
24 The Board is empowered to offer those leases upon terms it
25 deems advisable.
26 (c) In determining the responsibility of any bidder, the
27 Board may take into account the past records of dealings with
28 the bidder, the bidder's experience, adequacy of equipment,
29 and ability to complete performance within the time set, and
30 other factors besides financial responsibility, but in no
31 case shall any contracts be awarded to any other than the
32 highest bidder (in case of sale, concession, or lease) or the
33 lowest bidder (in case of purchase or expenditure) unless
34 authorized or approved by a vote of at least 5 members of the
HB0235 Enrolled -212- LRB9000879DJcd
1 Board and unless the action is accompanied by a statement in
2 writing setting forth the reasons for not awarding the
3 contract to the highest or lowest bidder, as the case may be,
4 which statement shall be kept on file in the principal office
5 of the Authority and open to public inspection.
6 (d) Members of the Board, officers and employees of the
7 Authority, and their relatives within the third degree of
8 consanguinity by the terms of the civil law are forbidden to
9 be interested directly or indirectly in any contract for
10 construction or maintenance work or for the delivery of
11 materials, supplies, or equipment.
12 (e) The Board shall have the right to reject all bids
13 and to readvertise for bids. If no responsible and
14 satisfactory bid within the terms of the advertisement is
15 received, the Board may award the contract without
16 competitive bidding if the contract is not less advantageous
17 to the Authority than any valid bid received in response to
18 advertisement.
19 (f) The Board shall adopt rules and regulations to carry
20 into effect the provisions of this Section.
21 (Source: P.A. 87-716.)
22 Section 140-55. Standard civic center provisions
23 incorporated by reference. The following Sections of this
24 Code are incorporated by reference into this Article:
25 Section 2-5. Definitions.
26 Section 2-10. Lawsuits; common seal.
27 Section 2-25. Incurring obligations.
28 Section 2-30. Prompt payment.
29 Section 2-40. Federal money.
30 Section 2-45. Insurance.
31 Section 2-75. Board members; financial matters; conflict
32 of interest.
33 Section 2-80. Board members' oath.
HB0235 Enrolled -213- LRB9000879DJcd
1 Section 2-85. Board members; vacancy in office.
2 Section 2-90. Organization of the Board.
3 Section 2-95. Meetings; action by 5 Board members.
4 Section 2-100. Secretary; treasurer.
5 Section 2-105. Funds.
6 Section 2-110. Signatures on checks or drafts.
7 Section 2-115. General manager; other appointments.
8 Section 2-122. Rules and regulations; penalties.
9 Section 2-130. Bids and advertisements.
10 Section 2-132. Bidders; civil action to compel
11 compliance.
12 Section 2-135. Report and financial statement.
13 Section 2-145. Anti-trust laws.
14 Section 2-150. Tax exemption.
15 ARTICLE 145.
16 MARENGO CIVIC CENTER
17 (70 ILCS 305/1-2)
18 Section 145-1. Short title. Sec. 1-2. This Article shall
19 be known and may be cited as the Marengo Civic Center Law of
20 1997.
21 (Source: P.A. 85-793.)
22 (70 ILCS 305/1-3, in part)
23 Section 145-5. Definitions. Sec. 1-3. When used in this
24 Article:
25 "Authority" means the Marengo Civic Center Authority.
26 "Board" means the governing and administrative body of
27 the Marengo Civic Center Authority.
28 "Metropolitan area" means all that territory in the State
29 of Illinois lying within the corporate boundaries of School
30 District No. 154 in the County of McHenry.
31 (Source: P.A. 85-793.)
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1 (70 ILCS 305/1-4, in part)
2 Section 145-10. Authority created; principal office. Sec.
3 1-4. There is hereby created a political subdivision, body
4 politic and municipal corporation by the name and style of
5 the Marengo Civic Center Authority in the metropolitan area.
6 The principal office of the Authority shall be in the
7 Marengo Park District.
8 (Source: P.A. 85-793.)
9 (70 ILCS 305/1-14, in part)
10 Section 145-15. Board created. Sec. 1-14. The governing
11 and administrative body of the Authority shall be a board
12 consisting of 9 members and shall be known as the Marengo
13 Civic Center Authority Board. The members of the Board shall
14 be individuals of generally recognized ability and integrity.
15 (Source: P.A. 85-793.)
16 (70 ILCS 305/1-15, in part)
17 Section 145-20. Board members appointed. Sec. 1-15.
18 Within 60 days after January 1, 1988 (the effective date of
19 Article I of Public Act 85-793) this Article becomes
20 effective, the President of the Marengo Park District, with
21 the advice and consent of the Marengo Park Board, shall
22 appoint 3 members of the Board for initial terms expiring
23 June 1, 1988; 3 members for initial terms expiring June 1,
24 1989; and 3 members for initial terms expiring June 1, 1990.
25 The successors of the initial members shall be appointed in
26 like manner for 3 year terms from the date of appointment,
27 except in case of an appointment to fill a vacancy.
28 (Source: P.A. 85-793.)
29 (70 ILCS 305/1-16, in part)
30 Section 145-25. Removal of Board members. Sec. 1-16. The
31 appointing officer, with the advice and consent of the
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1 Marengo Park Board, may remove any member of the Board
2 appointed by him, in case of incompetency, neglect of duty or
3 malfeasance in office, after service on him, by registered
4 United States mail, return receipt requested, of a copy of
5 the written charges against him and an opportunity to be
6 publicly heard in person or by counsel in his own defense
7 upon not less than 10 days notice.
8 (Source: P.A. 85-793.)
9 (70 ILCS 305/1-25, in part)
10 Section 145-30. Bidders; civil action to compel
11 compliance. Sec. 1-25. Any bidder who has submitted a bid in
12 compliance with the requirements for bidding under this
13 Article may bring a civil action in the circuit court of
14 McHenry County in which the metropolitan area is located to
15 compel compliance with the provisions of this Article Act
16 relating to the awarding of contracts by the Board.
17 (Source: P.A. 85-793.)
18 Section 145-35. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-3. Purpose.
22 Section 2-5. Definitions.
23 Section 2-10. Lawsuits; common seal.
24 Section 2-15. Duties; auditorium, recreational, and other
25 buildings; lease of space.
26 Section 2-20. Rights and powers, including eminent
27 domain.
28 Section 2-25. Incurring obligations.
29 Section 2-30. Prompt payment.
30 Section 2-35. Acquisition of property from person,
31 State, or local agency.
32 Section 2-40. Federal money.
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1 Section 2-45. Insurance.
2 Section 2-50. Borrowing; revenue bonds; suits to compel
3 performance.
4 Section 2-55. Bonds; nature of indebtedness.
5 Section 2-60. Investment in bonds.
6 Section 2-75. Board members; financial matters; conflict
7 of interest.
8 Section 2-80. Board members' oath.
9 Section 2-85. Board members; vacancy in office.
10 Section 2-90. Organization of the Board.
11 Section 2-95. Meetings; action by 5 Board members.
12 Section 2-100. Secretary; treasurer.
13 Section 2-105. Funds.
14 Section 2-110. Signatures on checks or drafts.
15 Section 2-115. General manager; other appointments.
16 Section 2-122. Rules and regulations; penalties.
17 Section 2-125. Contracts; award to other than highest or
18 lowest bidder by vote of 5 Board members.
19 Section 2-130. Bids and advertisements.
20 Section 2-135. Report and financial statement.
21 Section 2-140. State financial support.
22 Section 2-145. Anti-trust laws.
23 Section 2-150. Tax exemption.
24 ARTICLE 150.
25 MASON COUNTY CIVIC CENTER
26 (70 ILCS 220/3-2)
27 Section 150-1. Short title. Sec. 3-2. This Article shall
28 be known and may be cited as the Mason County Civic Center
29 Law of 1997.
30 (Source: P.A. 84-245.)
31 (70 ILCS 220/3-3, in part)
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1 Section 150-5. Definitions. Sec. 3-3. When used in this
2 Article:
3 "Authority" means the Mason County Civic Center
4 Authority.
5 "Board" means the governing and administrative body of
6 the Mason County Civic Center Authority.
7 "Metropolitan area" means all that territory in the State
8 of Illinois lying within the corporate boundaries of the
9 County of Mason.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/3-4, in part)
12 Section 150-10. Authority created; principal office. Sec.
13 3-4. There is hereby created a political subdivision, body
14 politic and municipal corporation by the name and style of
15 the Mason County Civic Center Authority in the metropolitan
16 area.
17 The principal office of the Authority shall be in Mason
18 County.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/3-14, in part)
21 Section 150-15. Board created. Sec. 3-14. The governing
22 and administrative body of the Authority shall be a board
23 consisting of 7 members and shall be known as the Mason
24 County Civic Center Authority Board. The members of the
25 board shall be individuals of generally recognized ability
26 and integrity.
27 (Source: P.A. 84-245.)
28 (70 ILCS 220/3-15, in part)
29 Section 150-20. Board members appointed. Sec. 3-15.
30 Within 60 days after September 3, 1985 (the effective date of
31 Article 3 of Public Act 84-245), this Article becomes
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1 effective: the chairman of the county board of Mason County
2 with the advice and consent of the county board of Mason
3 County shall appoint 3 members of the Board for initial terms
4 expiring June 1, 1986; 2 members for initial terms expiring
5 June 1, 1987; and 2 members for initial terms expiring June
6 1, 1988. The successors of the initial members shall be
7 appointed in like manner for 3 year terms from the date of
8 appointment, except in case of an appointment to fill a
9 vacancy.
10 (Source: P.A. 84-245.)
11 (70 ILCS 220/3-16, in part)
12 Section 150-25. Removal of Board members. Sec. 3-16. The
13 appointing officer, with the advice and consent of the county
14 board of Mason County, may remove any member of the Board
15 appointed by him, in case of incompetency, neglect of duty,
16 or malfeasance in office, after service on him, by registered
17 United States mail, return requested, of a copy of the
18 written charges against him and an opportunity to be publicly
19 heard in person or by counsel in his own defense upon not
20 less than 10 days' notice.
21 (Source: P.A. 84-245.)
22 (70 ILCS 220/3-25, in part)
23 Section 150-30. Bidders; civil action to compel
24 compliance. Sec. 3-25. Any bidder who has submitted a bid in
25 compliance with the requirements for bidding under this
26 Article may bring a civil action in the circuit court of
27 Mason county in which the metropolitan area is located to
28 compel compliance with the provisions of this Article
29 relating to the awarding of contracts by the Board.
30 (Source: P.A. 84-245.)
31 Section 150-35. Standard civic center provisions
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1 incorporated by reference. The following Sections of this
2 Code are incorporated by reference into this Article:
3 Section 2-3. Purpose.
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-15. Duties; auditorium, recreational, and other
7 buildings; lease of space.
8 Section 2-20. Rights and powers, including eminent
9 domain.
10 Section 2-25. Incurring obligations.
11 Section 2-35. Acquisition of property from person,
12 State, or local agency.
13 Section 2-40. Federal money.
14 Section 2-45. Insurance.
15 Section 2-50. Borrowing; revenue bonds; suits to compel
16 performance.
17 Section 2-55. Bonds; nature of indebtedness.
18 Section 2-60. Investment in bonds.
19 Section 2-75. Board members; financial matters; conflict
20 of interest.
21 Section 2-80. Board members' oath.
22 Section 2-85. Board members; vacancy in office.
23 Section 2-90. Organization of the Board.
24 Section 2-96. Meetings; action by 4 Board members.
25 Section 2-100. Secretary; treasurer.
26 Section 2-105. Funds.
27 Section 2-110. Signatures on checks or drafts.
28 Section 2-115. General manager; other appointments.
29 Section 2-122. Rules and regulations; penalties.
30 Section 2-126. Contracts; award to other than highest or
31 lowest bidder by vote of 4 Board members.
32 Section 2-130. Bids and advertisements.
33 Section 2-135. Report and financial statement.
34 Section 2-140. State financial support.
HB0235 Enrolled -220- LRB9000879DJcd
1 Section 2-145. Anti-trust laws.
2 Section 2-150. Tax exemption.
3 ARTICLE 155.
4 MATTESON CIVIC CENTER
5 (70 ILCS 325/4-1)
6 Section 155-1. Sec. 4-1. Short title. This Article may
7 be cited as the Matteson Civic Center Law of 1997 Act.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/4-2, in part)
10 Section 155-5. Sec. 4-2. Definitions. As used in this
11 Article, unless the context otherwise requires:
12 "Authority" means the Matteson Metropolitan Civic Center
13 Authority.
14 "Board" means the governing and administrative body of
15 the Matteson Metropolitan Civic Center Authority.
16 "Metropolitan area" means all that territory which lies
17 within the corporate boundaries of the Village of Matteson.
18 (Source: P.A. 86-907.)
19 (70 ILCS 325/4-3, in part)
20 Section 155-10. Sec. 4-3. Matteson Metropolitan Civic
21 Center Authority; creation. There is hereby created a unit of
22 local government known as the Matteson Metropolitan Civic
23 Center Authority in the metropolitan area.
24 The principal office of the Authority shall be in the
25 Village of Matteson.
26 (Source: P.A. 86-907.)
27 (70 ILCS 325/4-5)
28 Section 155-15. Sec. 4-5. Rights and powers. The
29 Authority shall have the following rights and powers:
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1 (a) To acquire, purchase, own, construct, lease as
2 lessee or in any other way acquire, improve, extend, repair,
3 reconstruct, regulate, operate, equip and maintain fair or
4 exposition grounds, convention or exhibition centers, civic
5 auditoriums, and office and municipal buildings, including
6 sites and parking areas and facilities therefor located
7 within the metropolitan area.
8 (b) To enter into contracts treating in any manner with
9 the objects and purposes of this Article.
10 (c) To plan for such grounds, centers and auditoriums
11 and to plan, sponsor, hold, arrange, and finance fairs,
12 industrial, cultural, educational, trade and scientific
13 exhibits, shows and events and to use or allow the use of
14 such grounds, centers and auditoriums for the holding of
15 fair, exhibits, shows and events, whether conducted by the
16 Authority or some other person or governmental agency.
17 (d) To exercise the right of eminent domain to acquire
18 sites for such grounds, centers, building and auditoriums,
19 and parking areas and facilities in the manner provided for
20 the exercise of the right to eminent domain under Article VII
21 of the Code of Civil Procedure, as now or hereafter amended.
22 (e) To fix and collect just, reasonable and
23 nondiscriminatory charges and rents for the use of such
24 parking areas and facilities, grounds, centers, buildings and
25 auditoriums, and to collect admission charges to fairs,
26 shows, exhibits and events sponsored or held by the
27 Authority. The charges collected may be made available to
28 defray the reasonable expenses of the Authority and to pay
29 the principal of and the interest on any bonds issued by the
30 Authority.
31 (Source: P.A. 86-907.)
32 (70 ILCS 325/4-8)
33 Section 155-18. Sec. 4-8. Acquisition of property;
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1 grants, loans and appropriations. The Authority shall have
2 the power (i) to acquire and accept by purchase, lease, gift
3 or otherwise any property or rights from any person or
4 governmental agency useful for its purposes, (ii) and to
5 apply for and accept grants, matching grants, loans or
6 appropriations from the State of Illinois or any agency or
7 instrumentality thereof to be used for any of the purposes of
8 the Authority, and (iii) to enter into any agreement with the
9 State of Illinois or any governmental agency in relation to
10 such grants, matching grants, loans or appropriations.
11 (Source: P.A. 86-907.)
12 (70 ILCS 325/4-10)
13 Section 155-20. Sec. 4-10. State and municipal financial
14 support.
15 (a) The Authority created by this Article shall receive
16 financial support from the State in the amounts provided for
17 in Section 4 of the Metropolitan Civic Center Support Act, as
18 now or hereafter amended. Notwithstanding anything to the
19 contrary, the Authority's base sum of State financial support
20 under subdivision (3)(a)(ii) of Section 4 of the Metropolitan
21 Civic Center Support Act, as now or hereafter amended, shall
22 be calculated by using the multiplier contained in that Act
23 times the total assessed valuation, as equalized by the
24 Department of Revenue, of all taxable property located within
25 the metropolitan area of the Authority for the year 1987.
26 (b) The Authority created by this Article may receive
27 financial support from any municipality in order for the
28 Authority to undertake any of its authorized rights and
29 powers. Any municipality, both within and outside of the
30 metropolitan area, is authorized to pay and to irrevocably
31 pledge to the Authority or the holders of any bonds issued
32 and sold by the Authority pursuant to this Article any or all
33 of its existing and future revenues derived from its
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1 imposition of a tax upon all persons engaged in such
2 municipality in the business of renting, leasing or renting
3 rooms in a hotel, as defined in the Hotel Operator's
4 Occupation Tax Act, as now or hereafter amended, provided
5 such municipality determines, in its discretion, that such
6 payment or pledge shall assist in, among other things,
7 attracting nonresident, overnight visitors to that
8 municipality.
9 (Source: P.A. 86-907.)
10 (70 ILCS 325/4-12)
11 Section 155-25. Sec. 4-12. Power to borrow money; bonds;
12 issuance and sale. The Authority shall have continuing power
13 to borrow money for the purpose of carrying out and
14 performing its duties and exercising its powers under this
15 Article.
16 For the purpose of evidencing the obligation of the
17 Authority to repay any money borrowed as aforesaid, the
18 Authority may, pursuant to an ordinance adopted by the Board,
19 from time to time issue and sell its revenue bonds, and may
20 also from time to time issue and sell its revenue bonds to
21 refund or advance refund any bonds. All such bonds shall be
22 payable solely from the revenues or income to be derived from
23 the fairs, expositions, exhibitions, rentals and leases and
24 other authorized activities operated by the Authority, and
25 from funds, if any, received and to be received by the
26 Authority or pledged as security for such bonds from any
27 other source. Such bonds may bear such date or dates, may
28 mature at such time or times not exceeding 40 years from
29 their respective date, may bear interest at such rate or
30 rates, may be in such form, may carry such conversion,
31 registration and exchange privileges, may be subject to
32 defeasance on such terms, may be executed in such manner, may
33 be payable at such place or places, may be made subject to
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1 redemption in such manner and upon such terms, with or
2 without premium as is stated on the face thereof and may
3 contain such terms and covenants, all as may be provided in
4 the ordinance. In case any officer whose signature appears
5 on any bond ceases (after attaching his or her signature) to
6 hold office, his or her signature shall nevertheless be valid
7 and effective for all purposes. The holder or holders of any
8 bonds, or interest coupons appertaining thereto, issued by
9 the Authority may bring mandamus, injunction, or other civil
10 actions or and proceedings to compel the performance and
11 observance by the Authority or any of its officers, agents or
12 employees of or any contract or covenant made by the
13 Authority with the holders of such bonds or interest coupons,
14 and to compel the Authority and any of its officers, agents
15 or employees or any contract or covenant made by the
16 Authority with the holders of such bonds or interest coupons
17 and to compel the Authority and any of its officers, agents
18 or employees to perform any duties required to be performed
19 for the benefit of the holders of any such bonds or interest
20 coupons by the provisions of the ordinance authorizing their
21 issuance, and to enjoin the Authority and any of its
22 officers, agents or employees from taking any action in
23 conflict with any such contract or covenant.
24 Notwithstanding the form and tenor of any such bonds and
25 in the absence of any express recital on the face thereof
26 that it is nonnegotiable, all such bonds shall be negotiable
27 instruments under the Uniform Commercial Code, as now or
28 hereafter amended.
29 From and after the issuance of any bonds as herein
30 provided it shall be the duty of the corporate authorities of
31 the Authority to fix and establish rates, charges, rents, and
32 fees for the use of facilities acquired, constructed,
33 reconstructed, extended or improved with the proceeds of the
34 sale of said bonds sufficient at all times, with other
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1 revenues of the Authority, to pay:
2 (a) the cost of leasing, maintaining, repairing,
3 regulating and operating the facilities; and
4 (b) the bonds and interest thereon as they shall become
5 due, and all sinking fund requirements and other requirements
6 provided by the ordinance authorizing the issuance of the
7 bonds or as provided by any trust agreement executed to
8 secure payment thereof.
9 To secure the payment of any or all of such bonds and for
10 the purpose of setting forth the covenants and undertakings
11 of the Authority in connection with the issuance thereof and
12 the issuance of any additional bonds payable from such
13 revenue to be derived from the fairs, recreational,
14 theatrical or cultural expositions, sport activities,
15 exhibitions, office rentals, and air space leases and
16 rentals, and other revenue, if any, the Authority may execute
17 and deliver a trust agreement or agreements; provided that no
18 lien upon any physical property of the Authority shall be
19 created thereby.
20 A remedy for any breach or default of the terms of any
21 such trust agreement by the Authority may be by mandamus,
22 injunction, or other civil actions or and proceedings in any
23 court of competent jurisdiction to compel performance and
24 compliance therewith, but the trust agreement may prescribe
25 by whom or on whose behalf such action may be instituted.
26 The Authority shall have the right to sell its bonds by
27 negotiated sale or pursuant to advertisement and sealed bid.
28 (Source: P.A. 86-907.)
29 (70 ILCS 325/4-13)
30 Section 155-30. Sec. 4-13. Bonds; nature of indebtedness.
31 Under no circumstances shall any bonds issued by the
32 Authority under Section 155-25 12 be or become an
33 indebtedness or obligation of the State of Illinois or any
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1 unit of local government (other than the Authority) or school
2 district within the State, nor shall any such bond or
3 obligation be or become an indebtedness of the Authority
4 within the purview of any constitutional limitation or
5 provision, and it shall be plainly stated on the face of each
6 such bond that it does not constitute such an indebtedness
7 or obligation but is payable solely from revenues or income.
8 (Source: P.A. 86-907.)
9 (70 ILCS 325/4-14)
10 Sec. 155-32. Sec. 4-14. Investments in bonds under
11 Article. The State and all counties, cities, villages,
12 incorporated towns and other units of local government and
13 public bodies, and public officers of any thereof; , all
14 banks, bankers, trust companies, savings banks and
15 institutions, building and loan associations, savings and
16 loan associations, investment companies and other persons
17 carrying on an insurance business; and all executors,
18 administrators, guardians, and trustees and other fiduciaries
19 may legally invest any sinking funds, moneys or other funds
20 belonging to them or within their control in any bonds issued
21 pursuant to this Article.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/4-15)
24 Section 155-35. Sec. 4-15. Elections; general obligation
25 bonds; form of ballot. No bonds other than revenue bonds
26 issued pursuant to Section 155-25 12, shall be issued by the
27 Authority until a proposition to issue the same has been
28 submitted to and approved by a majority of the voters of said
29 metropolitan area voting upon the proposition at a general
30 election in accordance with the general election law. The
31 Authority may by resolution order such proposition submitted
32 at a regular election in accordance with the general election
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1 law, whereupon the recording officer shall certify the
2 resolution and the proposition to the proper election
3 officials for submission. Any proposition to issue bonds as
4 herein set forth shall be in substantially the following
5 form:
6 -------------------------------------------------------------
7 Shall general obligation
8 bonds of the Matteson
9 Metropolitan Civic Center YES
10 Authority to the amount of
11 .....................Dollars
12 ($........) be issued for ---------------------------
13 the purpose of .............
14 and shall annual taxes be
15 authorized to be levied NO
16 on all taxable property
17 within the metropolitan area
18 to pay such bond?
19 -------------------------------------------------------------
20 (Source: P.A. 86-907.)
21 (70 ILCS 325/4-16)
22 Section 155-40. Sec. 4-16. Bonds; principal and interest
23 payments; taxation. If a majority of the voters of said
24 metropolitan area approve the issuance of bonds as provided
25 in Section 155-35 15 of this Article, the Authority shall
26 have power to issue general obligation bonds, pledge its full
27 faith and credit to the payment thereof and levy taxes
28 sufficient to pay for the annual principal and interest
29 charges on such bonds. Such bonds may bear such date or
30 dates, may mature at such time or times not exceeding 40
31 years from their respective date, may bear interest at such
32 rate or rates, may be in such form, may carry such
33 conversion, registration and exchange privileges, may be
HB0235 Enrolled -228- LRB9000879DJcd
1 subject to defeasance upon such terms, may be executed in
2 such manner, may be payable at such place or places, may be
3 made subject to redemption in such manner and upon such
4 terms, with or without premium as is stated on the face
5 thereof, may be sold by negotiated sale or pursuant to
6 advertisement and sealed bid, and may contain such terms and
7 covenants, all as may be provided by the Authority.
8 Such taxes proposed by the Authority to be levied upon
9 the taxable property within the metropolitan area shall be
10 levied by ordinance and be unlimited as to rate and amount. A
11 certified copy of such levy ordinance shall be filed with the
12 county clerk, and thereupon the county clerk shall extend
13 such tax in each year as provided in such ordinance and in
14 accordance with law.
15 (Source: P.A. 86-907.)
16 (70 ILCS 325/4-17, in part)
17 Section 155-45. Sec. 4-17. Board created; Compensation;
18 Conflicts of interest. The governing and administrative body
19 of the Authority shall be a Board consisting of 7 members and
20 shall be known as the Matteson Metropolitan Civic Center
21 Board.
22 (Source: P.A. 86-907.)
23 (70 ILCS 325/4-18)
24 Section 155-50. Sec. 4-18. Members; terms; oath.
25 Membership on the Board shall consist of those persons duly
26 elected to serve on the Matteson Village Board of Trustees.
27 Terms for members of the Board of the Authority shall
28 coincide with their respective terms of office as members of
29 the Matteson Village Board of Trustees. Before entering upon
30 the duties of his office, each member of the Board shall take
31 and subscribe the constitutional oath of office and file it
32 in the office of the Secretary of State.
HB0235 Enrolled -229- LRB9000879DJcd
1 (Source: P.A. 86-907.)
2 (70 ILCS 325/4-26)
3 Section 155-55. Sec. 4-26. Contracts, concessions or
4 leases; Bidding. All contracts for sale of property of the
5 value of more than $2,500, or for a concession in or lease of
6 property, including air rights, of the Authority for a term
7 of more than one year, shall be awarded to the highest
8 responsible bidder, after advertising for bids. All
9 construction contracts and contracts for supplies, materials,
10 equipment and services, when the expense thereof will exceed
11 $2,500, shall be let to the lowest responsible bidder, after
12 advertising for bids, except: (1) when repair parts,
13 accessories, equipment or services are required for equipment
14 or services previously furnished or contracted for; (2) when
15 the nature of the services required is such that competitive
16 bidding is not in the best interest of the public, including,
17 without limiting the generality of the foregoing, the
18 services of accountants, architects, attorneys, engineers,
19 financial advisors, investment bankers, physicians,
20 superintendents of construction, and others possessing a high
21 degree of skill; and (3) when services such as water, light,
22 heat, power, telephone or telegraph are required.
23 All contracts involving less than $2,500 shall be let by
24 competitive bidding to the lowest responsible bidder whenever
25 possible, and in any event in a manner calculated to ensure
26 insure the best interests of the public.
27 In determining the responsibility of any bidder, the
28 Board may take into account the past record of dealings with
29 the bidder, the bidder's experience, adequacy of equipment,
30 and ability to complete performance within the time set, and
31 other factors besides financial responsibility, but in no
32 case shall any such contract be awarded to any other than the
33 highest bidder (in case of sale, concession or lease), or the
HB0235 Enrolled -230- LRB9000879DJcd
1 lowest bidder (in case of purchase or expenditure), unless
2 authorized or approved by a vote of at least 5 of the members
3 of the Board, and unless such action is accompanied by a
4 statement in writing setting forth the reasons for not
5 awarding the contract to the highest or lowest bidder, as the
6 case may be, which statement shall be kept on file in the
7 principal office of the Authority and open to public
8 inspection.
9 Members of the Board, officers and employees of the
10 Authority, and their relatives within the fourth degree of
11 consanguinity by the terms of the civil law, are forbidden to
12 be interested directly or indirectly in any contract for
13 construction or maintenance work or for the delivery of
14 materials, supplies or equipment.
15 The Board shall have the right to reject all bids and to
16 readvertise for bids. If after any such advertisement no
17 responsible and satisfactory bid, within the terms of the
18 advertisement, shall be received, the Board may award such
19 contract, without competitive bidding, provided that it shall
20 not be less advantageous to the Authority than any valid bid
21 received pursuant to advertisement.
22 The Board shall adopt rules and regulations to carry into
23 effect the provisions of this Section.
24 (Source: P.A. 86-907.)
25 (70 ILCS 325/4-28)
26 Section 155-60. Sec. 4-28. Report; financial statement.
27 As soon after the end of each fiscal year as may be
28 expedient, the Board shall cause to be prepared and printed a
29 complete and detailed report and financial statement of its
30 operations and of its assets and liabilities. A reasonably
31 sufficient number of copies of such report shall be printed
32 for distribution to persons interested upon request, and a
33 copy thereof shall be filed with the county clerk and the
HB0235 Enrolled -231- LRB9000879DJcd
1 Village President of Matteson.
2 (Source: P.A. 86-907.)
3 Section 155-65. Standard civic center provisions
4 incorporated by reference. The following Sections of this
5 Code are incorporated by reference into this Article:
6 Section 2-5. Definitions.
7 Section 2-10. Lawsuits; common seal.
8 Section 2-17. Duties; auditorium and other buildings.
9 Section 2-25. Incurring obligations.
10 Section 2-30. Prompt payment.
11 Section 2-40. Federal money.
12 Section 2-45. Insurance.
13 Section 2-75. Board members; financial matters; conflict
14 of interest.
15 Section 2-90. Organization of the Board.
16 Section 2-96. Meetings; action by 4 Board members.
17 Section 2-101. Secretary; treasurer; funds deposited in
18 bank or savings and loan association.
19 Section 2-106. Funds; compliance with Public Funds
20 Investment Act.
21 Section 2-110. Signatures on checks or drafts.
22 Section 2-115. General manager; other appointments.
23 Section 2-120. Ordinances, rules, and regulations; fines
24 and penalties.
25 Section 2-130. Bids and advertisements.
26 Section 2-145. Anti-trust laws.
27 Section 2-150. Tax exemption.
28 ARTICLE 160.
29 MAYWOOD CIVIC CENTER
30 (70 ILCS 310/5-2)
31 Section 160-1. Short title. Sec. 5-2. This Article may be
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1 cited as the Maywood Civic Center Law of 1997.
2 (Source: P.A. 86-888.)
3 (70 ILCS 310/5-3, in part)
4 Section 160-5. Definitions. Sec. 5-3. When used in this
5 Article:
6 "Authority" means the Maywood Civic Center Authority.
7 "Board" means the governing and administrative body of
8 the Maywood Civic Center Authority.
9 "Metropolitan area" means all that territory in the State
10 of Illinois lying within the corporate boundaries of the
11 village of Maywood.
12 (Source: P.A. 86-888.)
13 (70 ILCS 310/5-4, in part)
14 Section 160-10. Authority created; principal office. Sec.
15 5-4. There is hereby created a political subdivision, body
16 politic and municipal corporation by the name and style of
17 the Maywood Civic Center Authority in the metropolitan area.
18 The principal office of the Authority shall be in the
19 Village of Maywood.
20 (Source: P.A. 86-888.)
21 (70 ILCS 310/5-11)
22 Section 160-15. Borrowing; revenue bonds. Sec. 5-11. The
23 Authority shall have continuing power to borrow money for the
24 purpose of carrying out and performing its duties and
25 exercising its powers under this Article.
26 For the purpose of evidencing the obligation of the
27 Authority to repay any money borrowed as aforesaid, the
28 Authority may, pursuant to an ordinance adopted by the Board,
29 from time to time issue and dispose of its interest bearing
30 revenue bonds and may also from time to time issue and
31 dispose of its interest bearing revenue bonds to refund any
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1 bonds at maturity or pursuant to redemption provisions or at
2 any time before maturity with the consent of the holders
3 thereof. All such bonds shall be payable solely from the
4 revenues or income to be derived from the fairs, expositions,
5 exhibitions, rentals and leases and other authorized
6 activities operated by it, and from funds, if any, received
7 and to be received by the Authority from any other source.
8 Such bonds may bear such date or dates, may mature at such
9 time or times not exceeding 40 years from their respective
10 dates, may bear interest at such rate or rates, not exceeding
11 the maximum rate authorized by the Bond Authorization Act, as
12 amended at the time of the making of the contract, may be in
13 such form, may carry such registration privileges, may be
14 executed in such manner, may be payable at such place or
15 places, may be made subject to redemption in such manner and
16 upon such terms, with or without premium as is stated on the
17 face thereof, may be executed in such manner and may contain
18 such terms and covenants, all as may be provided in said
19 ordinance. In case any officer whose signature appears on
20 any bond ceases (after attaching his signature) to hold
21 office, his signature shall nevertheless be valid and
22 effective for all purposes. The holder or holders of any
23 bonds, or interest coupons appertaining thereto issued by
24 the Authority may bring suits at law or proceedings in equity
25 to compel the performance and observance by the Authority or
26 any of its officers, agents or employees of or any contract
27 or covenant made by the Authority with the holders of such
28 bonds or interest coupons, and to compel the Authority and
29 any of its officers, agents or employees to perform any
30 duties required to be performed for the benefit of the
31 holders of any such bonds or interest coupons by the
32 provisions of the ordinance authorizing their issuance, and
33 to enjoin the Authority and any of its officers, agents or
34 employees from taking any action in conflict with any such
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1 contract or covenant.
2 Notwithstanding the form and tenor of any such bonds and
3 in the absence of any express recital on the face thereof
4 that it is non-negotiable, all such bonds shall be negotiable
5 instruments under the Uniform Commercial Code, as now or
6 hereafter amended.
7 From and after the issuance of any bonds as herein
8 provided it shall be the duty of the corporate authorities of
9 the Authority to fix and establish rates, charges, rents and
10 fees for the use of facilities acquired, constructed,
11 reconstructed, extended or improved with the proceeds of the
12 sale of said bonds sufficient at all times, with other
13 revenues of the Authority to pay:
14 (a) the cost of maintaining, repairing, regulating and
15 operating the said facilities; and
16 (b) the bonds and interest thereon as they shall become
17 due, and all sinking fund requirements and other requirements
18 provided by the ordinance authorizing the issuance of the
19 bonds or as provided by any trust agreement executed to
20 secure payment thereof.
21 To secure the payment of any or all such bonds and for
22 the purpose of setting forth the covenants and undertakings
23 of the Authority in connection with the issuance thereof and
24 the issuance of any additional bonds payable from such
25 revenue income to be derived from the fairs, recreational,
26 theatrical, cultural, expositions, sports activities,
27 exhibitions, office rentals and air space leases and rentals,
28 and other revenue, if any, the Authority may execute and
29 deliver a trust agreement or agreements; provided that no
30 lien upon any physical property of the Authority shall be
31 created thereby.
32 A remedy for any breach or default of the terms of any
33 such trust agreement by the Authority may be by mandamus
34 proceedings in any court of competent jurisdiction to compel
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1 performance and compliance therewith, but the trust agreement
2 may prescribe by whom or on whose behalf such action may be
3 instituted.
4 Before any such bonds (excepting refunding bonds) are
5 sold, the entire authorized issue, or any part thereof, shall
6 be offered for sale as a unit after advertising for bids at
7 least 3 times in a daily newspaper of general circulation
8 published in the metropolitan area, the last publication to
9 be at least 10 days before bids are required to be filed.
10 Copies of such advertisement may be published in any
11 newspaper or financial publication in the United States. All
12 bids shall be sealed, filed and opened as provided by
13 ordinance and the bonds shall be awarded to the highest and
14 best bidder or bidders therefor. The Authority shall have
15 the right to reject all bids and readvertise for bids in the
16 manner provided for in the initial advertisement. However,
17 if no bids are received, such bonds may be sold at not less
18 than par value, without further advertising, within 60 days
19 after the bids are required to be filed pursuant to any
20 advertisement.
21 (Source: P.A. 86-888; 86-1028.)
22 (70 ILCS 310/5-14, in part)
23 Section 160-20. Board created. Sec. 5-14. The governing
24 and administrative body of the Authority shall be a board
25 consisting of 7 members and shall be known as the Maywood
26 Civic Center Authority Board. The members of the Board shall
27 be individuals of generally recognized ability and integrity.
28 (Source: P.A. 86-888.)
29 (70 ILCS 310/5-15, in part)
30 Section 160-25. Board members appointed. Sec. 5-15.
31 Within 60 days after January 1, 1990 (the effective date of
32 Article 5 of Public Act 86-888) this Article becomes
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1 effective, the President of the Village of Maywood shall
2 appoint 3 members of the Board for initial terms expiring
3 June 1, 1990; 2 members for initial terms expiring June 1,
4 1991; and 2 members for initial terms expiring June 1, 1992.
5 The successors of the initial members shall be appointed in
6 like manner for 3 year terms from the date of appointment,
7 except in case of an appointment to fill a vacancy.
8 (Source: P.A. 86-888.)
9 (70 ILCS 310/5-25, in part)
10 Section 160-30. Bidders; civil action to compel
11 compliance. Sec. 5-25. Any bidder who has submitted a bid in
12 compliance with the requirements for bidding under this
13 Article may bring a civil action in the Circuit Court of Cook
14 County in which the metropolitan area is located to compel
15 compliance with the provisions of this Article relating to
16 the awarding of contracts by the Board.
17 (Source: P.A. 86-888.)
18 Section 160-35. Standard civic center provisions
19 incorporated by reference. The following Sections of this
20 Code are incorporated by reference into this Article:
21 Section 2-3. Purpose.
22 Section 2-5. Definitions.
23 Section 2-10. Lawsuits; common seal.
24 Section 2-15. Duties; auditorium, recreational, and other
25 buildings; lease of space.
26 Section 2-20. Rights and powers, including eminent
27 domain.
28 Section 2-25. Incurring obligations.
29 Section 2-30. Prompt payment.
30 Section 2-35. Acquisition of property from person,
31 State, or local agency.
32 Section 2-40. Federal money.
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1 Section 2-45. Insurance.
2 Section 2-55. Bonds; nature of indebtedness.
3 Section 2-60. Investment in bonds.
4 Section 2-75. Board members; financial matters; conflict
5 of interest.
6 Section 2-80. Board members' oath.
7 Section 2-83. Removal of Board member from office.
8 Section 2-85. Board members; vacancy in office.
9 Section 2-90. Organization of the Board.
10 Section 2-96. Meetings; action by 4 Board members.
11 Section 2-100. Secretary; treasurer.
12 Section 2-105. Funds.
13 Section 2-110. Signatures on checks or drafts.
14 Section 2-115. General manager; other appointments.
15 Section 2-122. Rules and regulations; penalties.
16 Section 2-126. Contracts; award to other than highest or
17 lowest bidder by vote of 4 Board members.
18 Section 2-130. Bids and advertisements.
19 Section 2-135. Report and financial statement.
20 Section 2-140. State financial support.
21 Section 2-145. Anti-trust laws.
22 Section 2-150. Tax exemption.
23 ARTICLE 165.
24 MELROSE PARK CIVIC CENTER
25 (70 ILCS 245/2-2)
26 Section 165-1. Short title. Sec. 2-2. This Article Act
27 may be cited as the Melrose Park Civic Center Law of 1997.
28 (Source: P.A. 86-8.)
29 (70 ILCS 245/2-3, in part)
30 Section 165-5. Definitions. Sec. 2-3. When used in this
31 Article Act:
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1 "Authority" means the Melrose Park Metropolitan
2 Exposition Auditorium and Office Building Authority.
3 "Board" means the governing and administrative body of
4 the Melrose Park Metropolitan Exposition Auditorium and
5 Office Building Authority.
6 "Metropolitan Area" means all that territory in the State
7 of Illinois lying within the corporate boundaries of the
8 Village of Melrose Park.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-4, in part)
11 Section 165-10. Authority created; principal office. Sec.
12 2-4. There is hereby created a political subdivision, body
13 politic and municipal corporation by the name and style of
14 the Melrose Park Metropolitan Exposition Auditorium and
15 Office Building Authority in the metropolitan area.
16 The principal office of the Authority shall be in the
17 Village of Melrose Park.
18 (Source: P.A. 86-8.)
19 (70 ILCS 245/2-14, in part)
20 Section 165-15. Board created. Sec. 2-14. The governing
21 and administrative body of the Authority shall be a board
22 consisting of 7 members and shall be known as the Melrose
23 Park Metropolitan Exposition Auditorium and Office Building
24 Board. The members of the Board shall be individuals of
25 generally recognized ability and integrity.
26 (Source: P.A. 86-8.)
27 (70 ILCS 245/2-15, in part)
28 Section 165-20. Board members appointed. Sec. 2-15.
29 Within 60 days after January 1, 1990 (the effective date of
30 Article II of Public Act 86-8) this Act becomes effective,
31 the Village President of the Village of Melrose Park, with
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1 the advice and consent of the Village of Melrose Park Board
2 of Trustees, shall appoint 2 members of the Board for initial
3 terms expiring June 1, 1990; 2 members for initial terms
4 expiring June 1, 1991; and 3 members for initial terms
5 expiring June 1, 1992. The successors of the initial members
6 shall be appointed in like manner for 3 year terms from the
7 date of appointment, except in case of an appointment to fill
8 a vacancy.
9 (Source: P.A. 86-8.)
10 (70 ILCS 245/2-16, in part)
11 Section 165-25. Removal of Board members. Sec. 2-16. The
12 Village President of the Village of Melrose Park, with the
13 advice and consent of the Village of Melrose Park Board of
14 Trustees, may remove any member of the Board appointed by
15 him, in case of incompetency, neglect of duty or malfeasance
16 in office, after service on him, by registered United States
17 mail, return receipt requested, of a copy of the written
18 charges against him and an opportunity to be publicly heard
19 in person or by counsel in his own defense upon not less than
20 10 days notice.
21 (Source: P.A. 86-8.)
22 (70 ILCS 245/2-25, in part)
23 Section 165-30. Bidders; civil action to compel
24 compliance. Sec. 2-25. Any bidder who has submitted a bid in
25 compliance with the requirements for bidding under this
26 Article may bring a civil action in the Circuit Court of Cook
27 County in which the metropolitan area is located to compel
28 compliance with the provisions of this Article Act relating
29 to the awarding of contracts by the Board.
30 (Source: P.A. 86-8.)
31 Section 165-35. Standard civic center provisions
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1 incorporated by reference. The following Sections of this
2 Code are incorporated by reference into this Article:
3 Section 2-3. Purpose.
4 Section 2-5. Definitions.
5 Section 2-10. Lawsuits; common seal.
6 Section 2-15. Duties; auditorium, recreational, and other
7 buildings; lease of space.
8 Section 2-20. Rights and powers, including eminent
9 domain.
10 Section 2-25. Incurring obligations.
11 Section 2-30. Prompt payment.
12 Section 2-35. Acquisition of property from person,
13 State, or local agency.
14 Section 2-40. Federal money.
15 Section 2-45. Insurance.
16 Section 2-50. Borrowing; revenue bonds; suits to compel
17 performance.
18 Section 2-55. Bonds; nature of indebtedness.
19 Section 2-60. Investment in bonds.
20 Section 2-75. Board members; financial matters; conflict
21 of interest.
22 Section 2-80. Board members' oath.
23 Section 2-85. Board members; vacancy in office.
24 Section 2-90. Organization of the Board.
25 Section 2-96. Meetings; action by 4 Board members.
26 Section 2-100. Secretary; treasurer.
27 Section 2-105. Funds.
28 Section 2-110. Signatures on checks or drafts.
29 Section 2-115. General manager; other appointments.
30 Section 2-122. Rules and regulations; penalties.
31 Section 2-125. Contracts; award to other than highest or
32 lowest bidder by vote of 5 Board members.
33 Section 2-130. Bids and advertisements.
34 Section 2-135. Report and financial statement.
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1 Section 2-140. State financial support.
2 Section 2-145. Anti-trust laws.
3 Section 2-150. Tax exemption.
4 ARTICLE 170.
5 METROPOLITAN CIVIC CENTER
6 (70 ILCS 205/1)
7 Section 170-1. Short title. Sec. 1. This Article Act
8 shall be known and may be cited as the Metropolitan Civic
9 Center Law of 1997 Act.
10 (Source: P.A. 76-1770.)
11 (70 ILCS 205/2, in part)
12 Section 170-5. Definitions. Sec. 2. When used in this
13 Article Act:
14 "Authority" means any Metropolitan Exposition, Auditorium
15 and Office Building Authority, as provided in this Article
16 Act.
17 "Board" means the governing and administrative body of
18 any Metropolitan Exposition, Auditorium and Office Building
19 Authority, as provided in this Article Act.
20 "Metropolitan area" means all that territory in the State
21 of Illinois lying within the corporate boundaries of the
22 county or counties establishing an authority as provided in
23 this Article Act.
24 (Source: P.A. 76-1770.)
25 (70 ILCS 205/3, in part)
26 Section 170-10. Creation of Authority; principal office.
27 Sec. 3. The county board of any county having an assessed
28 valuation, as equalized by the Department of Revenue, of all
29 real property located within the county of at least $300
30 million but less than $5 billion, or the county boards,
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1 acting jointly, of any combination of counties having an
2 assessed valuation, as equalized by the Department of
3 Revenue, of all real property within such combination of
4 counties within the limits established by this Section may by
5 resolution or ordinance provide for the formation of a
6 Metropolitan Exposition, Auditorium and Office Building
7 Authority with the powers, duties, responsibilities and
8 privileges provided in this Article Act.
9 The principal office of the Authority shall be at the
10 site of the Authority's buildings.
11 (Source: P.A. 85-1209.)
12 (70 ILCS 205/5)
13 Section 170-15. Rights and powers. Sec. 5. The Authority
14 shall have the following rights and powers duties:
15 (a) To acquire, own, construct, lease, operate and
16 maintain fair, exposition, arena, office building and
17 associated facilities and grounds, to fix and collect just,
18 reasonable and nondiscriminatory charges for the use of such
19 facilities, and to lease air space over and appurtenant to
20 such facilities. The charges so collected shall be made
21 available to defray the reasonable expenses of the Authority
22 and to pay the principal of and the interest upon any bonds
23 issued by the Authority.
24 (b) To enter into contracts treating in any manner with
25 the objects and purposes of this Article Act.
26 (Source: P.A. 76-1770.)
27 (70 ILCS 205/7)
28 Section 170-20. Acquisition of property; money from
29 State. Sec. 7. The Authority shall have the power to acquire
30 and accept by purchase, lease, gift or otherwise any property
31 or rights from any person or persons, any municipal
32 corporation, body politic, or agency of the State, or from
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1 the State itself, useful for its purposes, and to apply for
2 an accept grants, matching grants, loans or appropriations
3 from the State of Illinois or any agency or instrumentality
4 thereof to be used for any of the purposes of the Authority
5 and to enter into any agreement with the State of Illinois in
6 relation to such grants, matching grants, loans or
7 appropriations. An Authority located in a county with a
8 population over 50,000 and under 70,000 according to the 1980
9 federal census may acquire real property or interests in real
10 property by condemnation for any of the purposes of the
11 Authority.
12 (Source: P.A. 86-888; 86-907.)
13 (70 ILCS 205/13)
14 Section 170-25. Bonds other than revenue bonds. Sec. 13.
15 No bonds, other than revenue bonds issued pursuant to Section
16 2-52 10, shall be issued by the Authority until the
17 proposition to issue the same has been submitted to and
18 approved by a majority of the voters of said metropolitan
19 area voting upon the proposition at a general election in
20 accordance with the general election law. The Authority may
21 by resolution order such proposition submitted at a regular
22 election in accordance with the general election law,
23 whereupon the recording officer shall certify the resolution
24 and the proposition to the proper election officials for
25 submission. Any proposition to issue bonds as herein set
26 forth shall be in substantially the following form:
27 -------------------------------------------------------------
28 Shall bonds of the "Metropolitan
29 Exposition, Auditorium and Office YES
30 Building Authority" to the amount -------------------------
31 of.... Dollars ($ ) be issued NO
32 for the purpose of ?
33 -------------------------------------------------------------
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1 (Source: P.A. 81-1489.)
2 (70 ILCS 205/14)
3 Section 170-30. Tax Sec. 14. If a majority of the voters
4 of said metropolitan area approve the issuance of bonds as
5 provided in Section 170-25 13 of this Act, the Authority
6 shall have power to levy and collect annually a sum
7 sufficient to pay for the annual principal and interest
8 charges by a sum equal to such grants or matching grants as
9 the Authority shall receive, in any year, for this purpose.
10 Such taxes proposed by the Authority to be levied upon
11 the taxable property within the metropolitan area shall be
12 levied by ordinance. After the ordinance has been adopted it
13 shall, within 10 days after its passage, be published once in
14 a newspaper published and having a general circulation within
15 the metropolitan area. A certified copy of such levy
16 ordinance shall be filed with the county clerk no later than
17 the 3rd Tuesday in September in each year. Thereupon the
18 county clerk shall extend such tax; provided the aggregate
19 amount of taxes levied for any one year shall not exceed the
20 rate of .0005% of the full fair cash value, as equalized or
21 assessed by the Department of Revenue.
22 (Source: P.A. 81-1509.)
23 (70 ILCS 205/15, in part)
24 Section 170-35. Board created. Sec. 15. The governing and
25 administrative body of the Authority shall be a board
26 consisting of 9 members and shall be known as the
27 Metropolitan Exposition Auditorium and Office Building Board.
28 The members of the board shall be individuals of generally
29 recognized ability and integrity.
30 (Source: P.A. 85-1209.)
31 (70 ILCS 205/16, in part)
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1 Section 170-40. Board members appointed. Sec. 16. Within
2 60 days after a county board of a single county qualified as
3 an Authority under the provisions of Section 170-10 3 of this
4 Act shall adopt a resolution or ordinance providing for an
5 Authority, the county board chairman, with the advice and
6 consent of the county board, shall appoint 3 members of the
7 board for an initial term expiring the second June first
8 after appointment; and 3 members of the board for an initial
9 term expiring the third June first after appointment; and 3
10 members of the board for an initial term expiring the fifth
11 June first after appointment, and until their successors have
12 been appointed and qualified. At the expiration of the term
13 of any member, the county board chairman, with the advice and
14 consent of the county board, shall appoint his successor in
15 like manner for a term of 5 years from the first day of June
16 of the year in which they are appointed, except in case of an
17 appointment to fill a vacancy.
18 The Board of Authorities comprised of combinations of
19 counties, as provided in Section 170-10 3 of this Act, shall
20 be appointed in the following manner: memberships for the
21 Board shall be apportioned among the member counties, as
22 nearly as possible, according to the proportion each county's
23 assessed valuation, as equalized by the Department of
24 Revenue, of all real property located within the county bears
25 to the total assessed valuation, as equalized by the
26 Department of Revenue, of all real property located within
27 the Authority. The initial terms of such appointees for each
28 such county shall then be determined by lot. Each such county
29 chairman, with the advice and consent of his respective
30 county board, shall then appoint the members allotted to him
31 in the manner provided in this Section.
32 (Source: P.A. 81-1509.)
33 (70 ILCS 205/19)
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1 Section 170-45. Meetings; quorum; approval of ordinances
2 and resolutions by chairman; public records. Sec. 19. Regular
3 meetings of the Board shall be held at least once in each
4 calendar month, the time and place of such meetings to be
5 fixed by the Board.
6 Five members of the Board shall constitute a quorum for
7 the transaction of business. All action of the Board shall be
8 by ordinance or resolution and the affirmative vote of at
9 least 5 members shall be necessary for the adoption of any
10 ordinance or resolution.
11 All such ordinances and resolutions before taking effect
12 shall be approved by the chairman of the Board, and if he
13 shall not approve thereof he shall sign the same, and such as
14 he shall not approve he shall return to the Board with his
15 objections thereto in writing at the next regular meeting of
16 the Board occurring after the passage thereof. But in case
17 the chairman shall fail to return any ordinance or resolution
18 with his objections thereto by the time aforesaid, he shall
19 be deemed to have approved the same and it shall take effect
20 accordingly. Upon the return of any ordinance or resolution
21 by the chairman with his objections, the vote by which the
22 same was passed shall be reconsidered by the Board, and if
23 upon such reconsideration said ordinance or resolution is
24 passed by the affirmative vote of at least 6 members, it
25 shall go into effect notwithstanding the veto of the
26 chairman.
27 All ordinances, resolutions and all proceedings of the
28 Authority and all documents and records in its possession
29 shall be public records, and open to public inspection,
30 except such documents and records as shall be kept or
31 prepared by the Board for use in negotiations, actions or
32 proceedings to which the Authority is a party.
33 (Source: P.A. 82-783.)
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1 (70 ILCS 205/25)
2 Section 170-50. Contracts. Sec. 25. All contracts for
3 sale of property of the value of more than $2500 or for an
4 concession in or lease of property, including air rights, of
5 the Authority for a term of more than one year shall be
6 awarded to the highest responsible bidder, after advertising
7 for bids. All construction contracts and contracts for
8 supplies, materials, equipment and services, when the expense
9 thereof will exceed $2500, shall be let to the lowest
10 responsible bidder, after advertising for bids. All
11 construction contracts and contracts for supplies, materials,
12 equipment and services, when the expense thereof will exceed
13 $2500, shall be let to the lowest responsible bidder, after
14 advertising for bids, excepting (1) when repair parts,
15 accessories, equipment or services are required for equipment
16 or services previously furnished or contracted for; (2) when
17 the nature of the services required is such that competitive
18 bidding is not in the best interest of the public, including,
19 without limiting the generality of the foregoing, the
20 services of accountants, architects, attorneys, engineers,
21 physicians, superintendents of construction, and others
22 possessing a high degree of skill; and (3) when services such
23 as water, light, heat, power, telephone or telegraph are
24 required.
25 All contracts involving less than $2500 shall be let by
26 competitive bidding to the lowest responsible bidder whenever
27 possible, and in any event in a manner calculated to ensure
28 insure the best interests of the public.
29 In determining the responsibility of any bidder, the
30 Board may take into account the past record of dealings with
31 the bidder, the bidder's experience, adequacy of equipment,
32 and ability to complete performance within the time set, and
33 other factors besides financial responsibility, but in no
34 case shall any such contracts be awarded to any other than
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1 the highest bidder (in case of sale, concession or lease) or
2 the lowest bidder (in case of purchase or expenditure) unless
3 authorized or approved by a vote of at least three-fourths of
4 the members of the Board, and unless such action is
5 accompanied by a statement in writing setting forth the
6 reasons for not awarding the contract to the highest or
7 lowest bidder, as the case may be, which statement shall be
8 kept on file in the principal office of the Authority and
9 open to public inspection.
10 From the group of responsible bidders the lowest bidder
11 shall be selected in the following manner: to all bids for
12 sales the gross receipts of which are not taxable under the
13 Retailers' "Retailers Occupation Tax Act", approved June 28,
14 1933, as amended, there shall be added an amount equal to the
15 tax which would be payable under said Act, if applicable, and
16 the lowest in amount of said adjusted bids and bids for sales
17 the gross receipts of which are taxable under said Act shall
18 be considered the lowest bid; provided, that, if said lowest
19 bid relates to a sale not taxable under said Act, any
20 contract entered into thereon shall be in the amount of the
21 original bid not adjusted as aforesaid.
22 Contracts shall not be split into parts involving
23 expenditures of less than $2500 for the purposes of avoiding
24 the provisions of this Section, and all such split contracts
25 shall be void. If any collusion occurs among bidders or
26 prospective bidders in restraint of freedom of competition,
27 by agreement to bid a fixed amount or to refrain from bidding
28 or otherwise, the bids of such bidders shall be void. Each
29 bidder shall accompany his bid with a sworn statement that he
30 has not been a party to any such agreement.
31 Members of the Board, officers and employees of the
32 Authority, and their relatives within the fourth degree of
33 consanguinity by the terms of the civil law, are forbidden to
34 be interested directly or indirectly in any contract for
HB0235 Enrolled -249- LRB9000879DJcd
1 construction or maintenance work or for the delivery of
2 materials, supplies or equipment.
3 The Board shall have the right to reject all bids and to
4 readvertise for bids. If after any such advertisement no
5 responsible and satisfactory bid, within the terms of the
6 advertisement, shall be received, the Board may award such
7 contract, without competitive bidding, provided that it shall
8 not be less advantageous to the Authority than any valid bid
9 received pursuant to advertisement.
10 The Board shall adopt rules and regulations to carry into
11 effect the provisions of this Section.
12 (Source: P.A. 76-1770.)
13 (70 ILCS 205/26, in part)
14 Section 170-55. Bidders; civil action to compel
15 compliance. Sec. 26. Any bidder who has submitted a bid in
16 compliance with the requirements for bidding under this
17 Article may bring a civil action in the circuit court within
18 the boundaries of the Authority to compel compliance with the
19 provisions of this Article Act relating to the awarding of
20 contracts by the Board.
21 (Source: P.A. 79-1358.)
22 Section 170-60. Standard civic center provisions
23 incorporated by reference. The following Sections of this
24 Code are incorporated by reference into this Article:
25 Section 2-5. Definitions.
26 Section 2-10. Lawsuits; common seal.
27 Section 2-16. Duties; auditorium and other buildings;
28 lease of space.
29 Section 2-25. Incurring obligations.
30 Section 2-30. Prompt payment.
31 Section 2-40. Federal money.
32 Section 2-45. Insurance.
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1 Section 2-52. Borrowing; revenue bonds; interest payable
2 semi-annually; bond sale price; effect of Omnibus Bond Acts.
3 Section 2-55. Bonds; nature of indebtedness.
4 Section 2-60. Investment in bonds.
5 Section 2-76. Board members; financial matters;
6 compensation for secretary or treasurer; conflict of
7 interest.
8 Section 2-80. Board members' oath.
9 Section 2-83. Removal of Board member from office.
10 Section 2-85. Board members; vacancy in office.
11 Section 2-90. Organization of the Board.
12 Section 2-101. Secretary; treasurer; funds deposited in
13 bank or savings and loan association.
14 Section 2-106. Funds; compliance with Public Funds
15 Investment Act.
16 Section 2-110. Signatures on checks or drafts.
17 Section 2-115. General manager; other appointments.
18 Section 2-120. Ordinances, rules, and regulations; fines
19 and penalties.
20 Section 2-130. Bids and advertisements.
21 Section 2-135. Report and financial statement.
22 Section 2-140. State financial support.
23 Section 2-145. Anti-trust laws.
24 Section 2-150. Tax exemption.
25 Section 2-155. Partial invalidity.
26 ARTICLE 175.
27 MILFORD CIVIC CENTER
28 (70 ILCS 220/7-1)
29 Section 175-1. Short title. Sec. 7-1. This Article shall
30 be known and may be cited as the Milford "Milford Civic
31 Center Law of 1997 Act".
32 (Source: P.A. 84-245.)
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1 (70 ILCS 220/7-2, in part)
2 Section 175-5. Definitions. Sec. 7-2. As used in this
3 Article, unless the context otherwise requires:
4 "Authority" means the Milford Metropolitan Exposition,
5 Auditorium and Office Building Authority.
6 "Board" means the governing and administrative body of
7 the Milford Metropolitan Exposition, Auditorium and Office
8 Building Authority.
9 "Metropolitan Area" means all that territory which lies
10 within the corporate boundaries of the Village of Milford.
11 (Source: P.A. 84-245.)
12 (70 ILCS 220/7-3, in part)
13 Section 175-10. Authority created; principal office. Sec.
14 7-3. There is hereby created a unit of local government known
15 as the Milford Metropolitan Exposition, Auditorium and Office
16 Building Authority in the metropolitan area.
17 The principal office of the Authority shall be in the
18 Village of Milford.
19 (Source: P.A. 84-245.)
20 (70 ILCS 220/7-11)
21 Section 175-12. Bonds; nature of indebtedness. Sec.
22 7-11. Under no circumstances shall any bonds issued by the
23 Authority be or become an indebtedness or obligation of the
24 State of Illinois or any unit of local government or school
25 district within the State, nor shall any such bond or
26 obligation be or become an indebtedness of the Authority
27 within the purview of any constitutional limitation or
28 provision, and it shall be plainly stated on the face of each
29 bond that it does not constitute such an indebtedness or
30 obligation but is payable solely from revenues or income.
31 (Source: P.A. 84-245.)
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1 (70 ILCS 220/7-12)
2 Section 175-13. Investment in bonds. Sec. 7-12. The
3 State and all counties, cities, villages, incorporated towns
4 and other units of local government and public bodies, and
5 public officers of any thereof, all banks, bankers, trust
6 companies, savings banks and institutions, building and loan
7 associations, savings and loan associations, investment
8 companies and other persons carrying on an insurance business
9 and all executors, administrators, guardians, trustees and
10 other fiduciaries may legally invest any sinking funds,
11 moneys or other funds belonging to them or within their
12 control in any bonds issued pursuant to this Article Act, it
13 being the purpose of this Section to authorize the investment
14 in such bonds of all sinking, insurance, retirement,
15 compensation, pension and trust fu