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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
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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.)
HB0235 Enrolled -59- LRB9000879DJcd
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